[Patentcenter] Problems with First Action Prediction; Link to Patent Center reference guide

Wed Nov 15 19:59:45 UTC 2023

Wow. Over 8 years to get a 1st office action in biotech and organic chemistry? That’s outrageous. I’m glad I don’t practice in that area.

Best regards,
Richard A. Schafer | Schafer IP Law
P.O. Box 230081 | Houston, TX 77223
M: 832.283.6564 | richard at schafer-ip.com<mailto:richard at schafer-ip.com>

From: Patentcenter <patentcenter-bounces at oppedahl-lists.com> On Behalf Of Randall Svihla via Patentcenter
Sent: Wednesday, November 15, 2023 11:32 AM
To: patentcenter at oppedahl-lists.com
Cc: Randall Svihla <rsvihla at nsiplaw.com>
Subject: Re: [Patentcenter] Problems with First Action Prediction; Link to Patent Center reference guide

That's a lot of work, and won't work if your application is OPAP - Central Docket.

From: Patentcenter <patentcenter-bounces at oppedahl-lists.com<mailto:patentcenter-bounces at oppedahl-lists.com>> On Behalf Of Karen Oster via Patentcenter
Sent: Wednesday, November 15, 2023 12:29 PM
To: patentcenter at oppedahl-lists.com<mailto:patentcenter at oppedahl-lists.com>
Cc: Karen Oster <karen at kdopatent.com<mailto:karen at kdopatent.com>>
Subject: Re: [Patentcenter] Problems with First Action Prediction; Link to Patent Center reference guide

If you have the current group art unit (see the filing receipt or in Patent Center) you can use information at the most recent Official Gazette (see http://www.uspto.gov/news/og/index.jsp).  Choose the most recent year to browse (e.g. Browse 2023).  Choose the most recent week (e.g. Week #43).  Click on "Patent Technology Centers" (at the bottom of the list).
[cid:image001.png at 01DA17CB.9C2A78C0]
On the left side of the screen is a list of the GAU’s (technology centers).  Scroll down to the GAU closest to, but less than the GAU to which your application is currently assigned (e.g. if you are assigned to GAU 1612 you would look to technology center 1610).  Then on the right side of the screen you can see the average filing date of applications receiving Office Actions in the last three months.
[cid:image002.png at 01DA17CB.9C2A78C0]

Karen Dana Oster
www.oregonpatent.com<http://www.oregonpatent.com/>
Direct/Cell: (503) 810-2560
karen at kdopatent.com<mailto:karen at kdopatent.com>

From: Patentcenter <patentcenter-bounces at oppedahl-lists.com<mailto:patentcenter-bounces at oppedahl-lists.com>> On Behalf Of Carl Oppedahl via Patentcenter
Sent: Wednesday, November 15, 2023 8:51 AM
To: patentcenter at oppedahl-lists.com<mailto:patentcenter at oppedahl-lists.com>
Cc: Carl Oppedahl <carl at oppedahl.com<mailto:carl at oppedahl.com>>
Subject: Re: [Patentcenter] Problems with First Action Prediction; Link to Patent Center reference guide

Yes, there is still a way.  A half-competent programmer (yes I realize we are assuming a fact not in evidence) could take any case that is in Central Docket and look to see how it is classified.  And could then do a lookup in the class-to-art-unit table.  And then could do a look up in the art-unit-to-pendency table.  And then we would have the FOAP, with the exact same math result as one would have gotten under the old workflow.
On 11/15/2023 9:11 AM, Randall Svihla via Patentcenter wrote:
The reason First Action Prediction was not working in EFS-Web is that new applications are no longer assigned to an Art Unit immediately after classification.  Rather, they are parked in OPAP - Central Docket, so there is no way to determined a First Action Prediction based on the Art Unit the application will be examined in.

Randall S. Svihla
NSIP Law
Washington, D.C.

From: Patentcenter <patentcenter-bounces at oppedahl-lists.com><mailto:patentcenter-bounces at oppedahl-lists.com> On Behalf Of Kurt VanVoorhies via Patentcenter
Sent: Wednesday, November 15, 2023 10:03 AM
To: patentcenter at oppedahl-lists.com<mailto:patentcenter at oppedahl-lists.com>
Cc: Kurt VanVoorhies <vortekx at centurytel.net><mailto:vortekx at centurytel.net>
Subject: [Patentcenter] Problems with First Action Prediction; Link to Patent Center reference guide

Ironically, in the Patent Center FAQs page, topic "Where can I find the Patent Center user guides?", the link to the Patent Center reference guide<https://www.uspto.gov/patent/docx> page. links instead to the docx documents page.  I called the EBC this morning, and they escalated this issue.

I also inquired as to how to find First Action Predictions for new applications (the reason for my seeking the user guide), and was informed that this was a known issue and presently not possible.  The agent had no knowledge of whether this feature will be reinstated, but instead advised that one would need to contact the Examiner for this info.

Kurt VanVoorhies

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