[Patentpractice] Large Tables ASCII Format

Mon Jun 2 20:34:50 UTC 2025

I trust this client/law firm.  They already authorized and guaranteed payment of the 11 additional units.

I’m trying to figure out a way to save them money… which obviously I will for the CON (I spent the weekend reformatting and creating the large tables as a text file, which I will only bill a moderate amount for my trouble)… I’m hoping to be able to use the same for the Notice in the parent/allowed case which will then save the client significant funds.

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/>
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From: Rick Neifeld <richardneifeld at gmail.com>
Sent: Monday, June 2, 2025 4:31 PM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Carl Oppedahl <carl at oppedahl.com>; Suzannah K. Sundby <suzannah at canadylortz.com>
Subject: Re: [Patentpractice] Large Tables ASCII Format

As a practical matter, I would explain the situation to the client and require they place in trust the 11-additional page fees in addition to other allowance fees, and explain that I would remit any excess unless they wanted to leave in trust or apply to other matters  And then do whatever will result in the application not being abandoned of issued with a defective disclosure.

On Mon, Jun 2, 2025 at 4:15 PM Suzannah K. Sundby via Patentpractice <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>> wrote:
I don’t think so… the tables were part of the specification and are smaller than the font accepted even for PCT applications, i.e., 6 pt or less.

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: Carl Oppedahl <carl at oppedahl.com<mailto:carl at oppedahl.com>>
Sent: Monday, June 2, 2025 3:11 PM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>>
Subject: Re: [Patentpractice] Large Tables ASCII Format

On 6/2/2025 12:48 PM, Suzannah K. Sundby via Patentpractice wrote:
Facts:
National Phase application was filed with pages and pages of tables
Application allowed.
Got a Notice to Correct Application Papers because font of Tables too small
Increasing the font size makes the total pages close to 900 pages, which requires 11 ADDITIONAL units of application size fees from what was previously paid.
I have the tables in ASCII format (prepared for a CON).
Question: In response to the Notice, can we amend the specification to delete the embedded tables and provide in ASCII format (by amending the specification to incorporate the ASCII tables)?
I understand extra page fees are calculated as 3 KB = 1 page, which significantly decreases the amount of fees to something like 2 additional units of application size fees.
I called patent publications (waited over an hour), they transferred me to “case resolution team” for post-allowance stuff, who simply said they don’t know.  I thus called OPLA and got no one and hence left a message hours ago.

I wonder if MPEP § 1893.03(f) would be of any help?  Here is what I filed recently in one of my national-phase cases.

Request that Notice to File Corrected Application Papers be withdrawn
The undersigned has now received a Notice to File Corrected Application Papers dated May 28, 2025.
It is signed by <redacted> in the Publication Branch.
The Notice says "The figure label for FIG. 6 is not oriented in the same direction as the figure." The
Notice purports to require that the applicant respond with an amendment to the drawings.
The Publication Branch is requested to comply with MPEP § 1893.03(f) which says:

The USPTO may not impose drawing requirements during the examination of a national stage
application beyond those imposed by the Patent Cooperation Treaty ( e.g., PCT Rule 11).
The present application is a national phase application. It is thus apparent that the Notice to File
Corrected Application Papers was improper.
So as to comply with MPEP § 1893.03(f), the Publication Branch is requested to withdraw the Notice
to File Corrected Application Papers.
Respectfully submitted,

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