[Patentpractice] Extended Due Date/Sanity Check Question

[Timothy Snowden]

I see your point, but I know the office (FWIW) interprets Missing Parts 
as having 5 month extension available, which is what I was taught. I 
understood the keyword here in 35 USC 132 to be "ON EXAMINATION." But 
this isn't examination because it's always /pre-/examination. In other 
words, although this may be an action, it's during a pre-examination 
review, not "on examination". Not sure how clearly that distinction 
carries into other thing, though.

Have I been missing something for years now? What happens when the 
office grants a patent after response to NTFMP at 7 months

On 3/12/2025 11:18 AM, David Boundy via Patentpractice wrote:
> I think you have one more month, to total six months, April 17.  I 
> disagree with Tim Snowden -- the six month deadline is statutory.   
> The statutory deadline applies to all "objections or requirements" or 
> "actions" even if the underlying basis is regulatory.   "Action" is 
> defined in 5 U.S.C. 551.   Look at sections 132 and 133 --
>
>
>   35 U.S.C. § 132 - Notice of rejection; reexamination
>
> (a) Whenever, on examination, any claim for a patent is rejected, or 
> any objection or requirement made, the Director shall notify the 
> applicant thereof, stating the reasons for such rejection, or 
> objection or requirement, together with such information and 
> references as may be useful in judging of the propriety of continuing 
> the prosecution of his application; and if after receiving such 
> notice, the applicant persists in his claim for a patent, with or 
> without amendment, the application shall be re­examined. No amendment 
> shall introduce new matter into the disclosure of the invention.
>
>
>   35 U.S.C. § 133 - Time for prosecuting application
>
> Upon failure of the applicant to prosecute the application within six 
> months after any action therein, of which notice has been given or 
> mailed to the applicant, or within such shorter time, not less than 
> thirty days, as fixed by the Director in such action, the application 
> shall be regarded as abandoned by the parties thereto.
>
> Five months extension is only available for a few situations --
>      -- teh initial time is one month
>      -- teh deadline runs from some action of the applicant (such as 
> filing a Notice of Appeal) rather than responding to an objection, 
> requirement, or "any action" of the PTO.
>
> On Wed, Mar 12, 2025 at 11:15 AM Suzannah K. Sundby via Patentpractice 
> <patentpractice at oppedahl-lists.com> wrote:
>
>     Received a Notification to Comply (with Sequence Listing
>     Requirements), which is essentially a Notice of Missing Parts.
>
>     The Notice was mailed October 17, 2024, and sets an extendible 2
>     month shortened due date.
>
>     The USPTO just mailed a Notice of Abandonment for failing to
>     timely respond.
>
>     Thus, I need a sanity check:
>
>     Because it is a 2-month shortened date, the due date can be
>     extended by 5 months to May 17, 2025 – Correct?
>
>     Suzannah K. Sundby <http://www.linkedin.com/in/ssundby/>*|* Partner
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