[Patentpractice] Going to shoot myself soon - Ombudsman

Sat May 4 10:43:23 UTC 2024

The USPTO needs to reassign Patrick to the cleaning staff.

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Suzannah K. Sundby via Patentpractice
Sent: Friday, May 3, 2024 6:21 PM
To: David Boundy <DavidBoundyEsq at gmail.com>; For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Suzannah K. Sundby <suzannah at canadylortz.com>
Subject: Re: [Patentpractice] Going to shoot myself soon - Ombudsman

Jeeezus please help me… it won’t stop.

IT  is accusing me of yelling because I used ALL CAPS for emphasis (because the emails he sends are text only without format so I assume underlining and italics do not work on his end).

And IT does not understand the QPIDS program and asserts that I withdrew the application from issue such that it is in the Examiner’s domain/purview.

I firmly believe I am interacting with an AI Chatbot…

See more below…

-----Original Message-----
From: Suzannah K. Sundby
Sent: Friday, May 3, 2024 6:18 PM
To: 'PatentsOmbudsmanOffice at uspto.gov' PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>
Subject: RE: Ombudsman Pilot Program - Request

I was not yelling, but emphasizing because it seems you did not understand that the case is in the Office of Publications.

The withdrawal from issue is part of the QPIDS program.  The Examiner then proceeded to allow the application, and the original issue fee payment was to be automatically applied and the application then automatically allowed to issue.  See attached.

It was after the allowance that the Office failed to apply the issue fee.  That is when the application went abandoned.  I then had to petition to withdraw the abandonment.  The petitions office granted, and sent the application to the Office of Publications, where the previously paid issue fee was to be automatically applied and the application allowed to issue.  This is where the application is stuck.

If you still misunderstand and/or think I am being less than professional with you, then I need to speak with your supervisor and I request you provide me with your supervisor's contact information.

Thank you,

Suzannah K. Sundby

Reg. No. 43,172

-----Original Message-----

From: PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov> <PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>>

Sent: Friday, May 3, 2024 6:08 PM

To: Suzannah K. Sundby <Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>>

Subject: Ombudsman Pilot Program - Request

Thank you for contacting the Patents Ombudsman Office. Please see response below.

Hello,

I am here to assist - not to be yelled at. CAPS is yelling. Review the 8-15-2023 Pet.auto document. Well well well what do we have there - a petition to withdraw from issue. It is signed by Suzannah.

Best regards,

Patrick

Patents Ombuds

Suzannah K. Sundby<http://www.linkedin.com/in/ssundby/> | Partner
canady + lortz LLP<http://www.canadylortz.com/>
1050 30th Street, NW
Washington, DC 20007
T: 202.486.8020
F: 202.540.8020
suzannah at canadylortz.com<mailto:suzannah at canadylortz.com>
www.canadylortz.com<http://www.canadylortz.com/>
Confidentiality Notice:  This message is being sent by or on behalf of a lawyer.  It is intended exclusively for the individual or entity to which it is addressed.  This communication may contain information that is proprietary, privileged or confidential, or otherwise legally exempt from disclosure.  If you are not the named addressee, you may not read, print, retain, copy, or disseminate this message or any part.  If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

From: David Boundy <DavidBoundyEsq at gmail.com>
Sent: Friday, May 3, 2024 6:04 PM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Suzannah K. Sundby <suzannah at canadylortz.com>
Subject: Re: [Patentpractice] Going to shoot myself soon - Ombudsman

"right 99.8% of the time."   As usual -- PTO never distinguishes between data and sampling bias.  If the applicant gives up and tries something different, well, the applicant didnt go back to the same PTO person and ask for yet another correction, so the last information must have been correct.

All of the data about DOCX falls into the sampling bias category.

On Fri, May 3, 2024, 5:32 PM Suzannah K. Sundby via Patentpractice <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>> wrote:
It continues… note it says “I give the correct information 99.8% of the time”.

WHO DOES THAT?!?!?

-----Original Message-----
From: Suzannah K. Sundby <Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>>
Sent: Friday, May 3, 2024 5:29 PM
To: PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>
Subject: RE: Ombudsman Pilot Program - Request

The application was NOT WITHDRAWN FROM ISSUE.  Thus, the reason why PatentCenter indicates the application is IN THE OFFICE OF PUBLICATIONS (not with the Examiner).

-----Original Message-----
From: PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov> <PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>>
Sent: Friday, May 3, 2024 5:07 PM
To: Suzannah K. Sundby <Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>>
Subject: Ombudsman Pilot Program - Request

Thank you for contacting the Patents Ombudsman Office. Please see response below.

Hello,

Once an application has been withdrawn from issue it does go back to the examiner. I give the correct information 99.8% of the time. You want to refer to the examiner.

Best regards,
Patrick
Patents Ombuds

Suzannah K. Sundby<http://www.linkedin.com/in/ssundby/> | Partner
canady + lortz LLP<http://www.canadylortz.com/>
1050 30th Street, NW
Washington, DC 20007
T: 202.486.8020
F: 202.540.8020
suzannah at canadylortz.com<mailto:suzannah at canadylortz.com>
www.canadylortz.com<http://www.canadylortz.com/>
Confidentiality Notice:  This message is being sent by or on behalf of a lawyer.  It is intended exclusively for the individual or entity to which it is addressed.  This communication may contain information that is proprietary, privileged or confidential, or otherwise legally exempt from disclosure.  If you are not the named addressee, you may not read, print, retain, copy, or disseminate this message or any part.  If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

From: Suzannah K. Sundby
Sent: Friday, May 3, 2024 4:30 PM
To: patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>
Subject: Going to shoot myself soon - Ombudsman

I have a case that went abandoned because of the USPTO failing to properly process/follow QPIDS procedures.

Petitions granted my petition and withdrew the abandonment.

The case was returned to the Office of Publications to process the Letters Patent.  It has been sitting in the Office of Publications since February 16th.  Thus, I decided to contact the Ombudsman to help get this case out of limbo so the patent is granted.  Below is the back and forth correspondence (note most recent emails on top as usual email strings).

I feel like I am having a conversation with ChatGPT and I am about to shoot myself.

-----Original Message-----
From: Suzannah K. Sundby <Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>>
Sent: Friday, May 3, 2024 4:22 PM
To: PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>
Subject: RE: Ombudsman Pilot Program - Request

The case is not in the domain/purview of the Examiner.  PatentCenter indicates that it is in the OFFICE OF PUBLICATIONS, i.e., the division that prepares applications for PATENT GRANT.

I am requesting that YOU as the Ombudsman poke the people in the OFFICE OF PUBLICATIONS to help get this case out of limbo and get the OFFICE OF PUBLICATIONS to act on the Letters Patent.

-----Original Message-----

From: PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov> <PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>>

Sent: Friday, May 3, 2024 3:36 PM

To: Suzannah K. Sundby <Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>>

Subject: Ombudsman Pilot Program - Request

Thank you for contacting the Patents Ombudsman Office. Please see response below.

Hello,

No issue notification has been sent out. You will want to check with the examiner to see if they will be sending out another Part B fees transmittal form. If the examiner says no you will have to give it a few more months for the issue notification.

Best regards,

Patrick

Patents Ombuds

-----Original Message-----

From:  Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>

Sent:  5/3/2024 01:57:34 PM

To:  "PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>" <PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>>

Subject:  Ombudsman Pilot Program - Request

I know the application is revived.

It should be GRANTED by now, at least we should have received an Issue Notification by now.

-----Original Message-----

From: PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov> <PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>>

Sent: Friday, May 3, 2024 12:37 PM

To: Suzannah K. Sundby <Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>>

Subject: Ombudsman Pilot Program - Request

Thank you for contacting the Patents Ombudsman Office. Please see response below.

Hello,

The application is revived.

Best regards,

Patrick

Patents Ombuds

-----Original Message-----

From:  Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>

Sent:  5/3/2024 11:53:13 AM

To:  "PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>" <PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>>

Subject:  Ombudsman Pilot Program - Request

U.S. Application No.: [redacted] is allowed, i.e., the Petitions Office withdrew the abandonment February 20, 2024 (see attached), thus, this application should have been processed by the patent grant publications division for grant.

However, since February 20th, the patent grant publications division has yet to take any action.

Thus, we need help getting this application processed for issuance of the Letters Patent.

Thanks,

Suzannah K. Sundby

Reg. No. 43,172

-----Original Message-----

From: PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov> <PatentsOmbudsmanOffice at uspto.gov<mailto:PatentsOmbudsmanOffice at uspto.gov>>

Sent: Friday, May 3, 2024 10:32 AM

To: Suzannah K. Sundby <Suzannah at canadylortz.com<mailto:Suzannah at canadylortz.com>>

Subject: RE: Ombudsman Pilot Program - Request

Thank you for contacting the Patents Ombudsman Office. Please see response below.

Hello,

We appreciate your reaching out to the Patents Ombuds Office.

Representatives of the Patents Ombuds would like to learn more about this E-mail request for assistance. Please reply to this email with precise information about how the Patents Ombuds outreach can be of assistance to you.

Best regards,

Patrick

Patents Ombuds

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