[Patentpractice] Update: Going to shoot myself soon - Ombudsman

Thu May 23 23:07:15 UTC 2024

Did Patrick ever provide you with his supervisor's contact information?

On Tue, May 21, 2024, 9:52 AM Suzannah K. Sundby via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> Many requested updates… so…
>
>
>
> The same day I reached out to the Ombudsman, I also filed a formal Status
> Request.
>
>
>
> So today, I received a call from the Publications Branch (I think in
> response to the Status Request).  The publications person told me that
> the reason the application went abandoned was that I did not submit an
> Issue Fee Transmittal.  I explained that under the QPIDS program I do not
> need to resubmit an Issue Fee Transmittal and that the Examiner incorrectly
> mailed the wrong form in response to the second QPIDS.  Hence the reason
> why the Petitions Office withdrew the holding of abandonment (note,
> different from reviving) and remanded to the Publications Branch for
> issuance.
>
>
>
> Pubs person insisted that an Issue Fee Transmittal needs to be submitted
> or else the application will be abandoned again.  I again explained that
> I had previously submitted the Issue Fee Transmittal and under QPIDS,
> because prosecution was not reopened, I/Applicant need not do anything.  The
> previously paid issue fee is to be automatically applied without our even
> having to request such via submitting a new Issue Fee Transmittal.
>
>
>
> He said he is going to mail a notice saying they need Issue Fee
> Transmittal within 2 months or else the application will be abandoned.
>
>
>
> I told him no need, I will file an Issue Fee Transmittal within 30 minutes.
>
>
>
> So, I refiled the previously filed Issue Fee Transmittal and appended
> thereto the page from the QPIDS Q&A saying one need not do anything if
> the Examiner does not reopen prosecution, the petition to withdraw the
> abandonment that I previously filed, and the Petition decision that
> withdrew the holding of abandonment.
>
>
>
> I did not change the date or anything on the refiled (previously filed)
> Issue Fee Transmittal.
>
>
>
> Who wants to take bets as to whether the Publications Branch accepts the
> copy of the previously filed Issue Fee Transmittal?
>
>
>
> Who wants to take bets on whether the Publications Branch charges a second
> Issue Fee (which I then have to request a refund as the Issue fee was
> previously paid)?
>
>
>
> <sigh>
>
>
>
> 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
>
> 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:* Patentpractice <patentpractice-bounces at oppedahl-lists.com> *On
> Behalf Of *Randall Svihla via Patentpractice
> *Sent:* Saturday, May 4, 2024 6:43 AM
> *To:* For patent practitioners. This is not for laypersons to seek legal
> advice. <patentpractice at oppedahl-lists.com>
> *Cc:* Randall Svihla <rsvihla at nsiplaw.com>
> *Subject:* Re: [Patentpractice] Going to shoot myself soon - Ombudsman
>
>
>
> 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
> 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 <PatentsOmbudsmanOffice at uspto.gov>
>
> Sent: Friday, May 3, 2024 6:08 PM
>
> To: Suzannah K. Sundby <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
>
> 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> 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>
> Sent: Friday, May 3, 2024 5:29 PM
> To: 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 <PatentsOmbudsmanOffice at uspto.gov>
>
> Sent: Friday, May 3, 2024 5:07 PM
>
> To: Suzannah K. Sundby <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
>
> 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
> *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>
> Sent: Friday, May 3, 2024 4:22 PM
> To: 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 <PatentsOmbudsmanOffice at uspto.gov>
>
> Sent: Friday, May 3, 2024 3:36 PM
>
> To: Suzannah K. Sundby <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
>
> Sent:  5/3/2024 01:57:34 PM
>
> To:  "PatentsOmbudsmanOffice at uspto.gov" <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 <PatentsOmbudsmanOffice at uspto.gov>
>
> Sent: Friday, May 3, 2024 12:37 PM
>
> To: Suzannah K. Sundby <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
>
> Sent:  5/3/2024 11:53:13 AM
>
> To:  "PatentsOmbudsmanOffice at uspto.gov" <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 <PatentsOmbudsmanOffice at uspto.gov>
>
> Sent: Friday, May 3, 2024 10:32 AM
>
> To: Suzannah K. Sundby <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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>
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>
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>
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