<div dir="ltr"><div>I filed 5 OARs (all non-final) during the second half of September, and for all but one (the last filed, also the only restriction requirement response), it took 9 days for each of them to be forwarded to the examiner. The restriction response was forwarded in 4 days.</div><div><br></div><div>I used to see delays in forwarding to the examiner when I replied significantly earlier than the deadline, but the delay no longer seems to be related to the proximity to the deadline: I filed the restriction reply within a couple of weeks of receiving the OA, and that was the only one of the 5 OARs that went to the examiner in fewer than 9 days.</div><div><br></div><div>Even the appeal brief I filed in August was forwarded to the examiner in a shorter amount of time (7 days) than the 4 non-final OARs in September.</div><div><br></div><div><div dir="ltr" class="gmail_signature" data-smartmail="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div></div><div>------------------------------------------<br></div><div>Krista S. Jacobsen<br></div><div>Attorney and Counselor at Law</div><div>Jacobsen IP Law</div><div><a href="mailto:krista@jacobseniplaw.com" target="_blank">krista@jacobseniplaw.com</a></div><div>T: 408.455.5539</div><div><a href="http://www.jacobseniplaw.com" target="_blank">www.jacobseniplaw.com</a></div></div></div></div></div></div><br></div><br><div class="gmail_quote gmail_quote_container"><div dir="ltr" class="gmail_attr">On Thu, Oct 9, 2025 at 3:56\u202fAM Randall Svihla via Patentpractice <<a href="mailto:patentpractice@oppedahl-lists.com">patentpractice@oppedahl-lists.com</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">OA filed on 09/30, forwarded to Examiner on 10/05 (5 days)<br>
<br>
OA filed on 09/23, forwarded to Examiner on 09/29 (4 days)<br>
<br>
<br>
-----Original Message-----<br>
From: Patentpractice <<a href="mailto:patentpractice-bounces@oppedahl-lists.com" target="_blank">patentpractice-bounces@oppedahl-lists.com</a>> On Behalf Of Carl Oppedahl via Patentpractice<br>
Sent: Thursday, October 9, 2025 5:37 AM<br>
To: For patent practitioners. This is not for laypersons to seek legal advice. <<a href="mailto:patentpractice@oppedahl-lists.com" target="_blank">patentpractice@oppedahl-lists.com</a>><br>
Cc: Carl Oppedahl <<a href="mailto:carl@oppedahl.com" target="_blank">carl@oppedahl.com</a>><br>
Subject: [Patentpractice] taking much longer for a response to a non-final office action to get entered and forwarded to the Examiner?<br>
<br>
Hello folks. Is it just me, or is it recently taking much longer for a <br>
response to a non-final office action to get entered and forwarded to <br>
the Examiner?<br>
<br>
And not just responses to non-final office actions?<br>
<br>
Also taking much longer for a response to a final office action to get <br>
entered and forwarded to the Examiner?<br>
<br>
In a recent case in Tech Center 2900, I filed a response on September 25 <br>
and it did not get forwarded to the Examiner until October 8. It took <br>
13 days to get forwarded.<br>
<br>
In other recent cases in other Tech Centers, I have seen forwarding <br>
delays of 7 to 10 days.<br>
<br>
I fear that this is getting to be the new normal.<br>
<br>
In the old days it was commonplace that a response would get forwarded <br>
to the Examiner promptly -- within two or three days. Sometimes it would <br>
only take one day.<br>
<br>
The job title of the people who do this "entering and forwarding" is LIE <br>
-- legal instruments examiner.<br>
<br>
I can imagine that one factor explaining the new delays might be due to <br>
September 30 having passed and some LIEs who accepted the "fork in the <br>
road" are now gone. Although I guess many of the USPTO people who <br>
accepted the "fork in the road" would have ceased work long before <br>
September 30.<br>
<br>
I can imagine that this new long delay in forwarding to the Examiner <br>
might be different from one Tech Center to the next. One Tech Center <br>
might have lost more LIEs than another.<br>
<br>
Is it just me, or have others also been seeing new delays in forwarding <br>
to the Examiner?<br>
<br>
Carl<br>
<br>
<br>
<br>
-- <br>
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</blockquote></div>