TMEP 719: Non-Responsive Communications

This is the October 2015 Edition of the TMEP

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719    Non-Responsive Communications

An inquiry, a request to extend the response period, or a communication on a matter unrelated to the outstanding Office action should be treated as a “non-responsive communication,” not as an incomplete response to an outstanding Office action. If the applicant files a non-responsive communication while an Office action is outstanding, the examining attorney should send the applicant a letter (i.e., Examiner's Non-Responsive Amendment) acknowledging receipt of the communication, noting that the communication is non-responsive, and advising the applicant that, to avoid abandonment, a response to the outstanding Office action must be received within six months of the issuance date of the outstanding Office action. If no response to the Office action is received within six months of the issuance date, the application must be abandoned for failure to respond.