[Patentpractice] NO SOUP FOR YOU!

Tue Sep 16 02:29:50 UTC 2025

😊

C. Dale Quisenberry
Quisenberry Law PLLC
13910 Champion Forest Drive, Suite 203
Houston, Texas 77069
(832) 680.5000 (office)
(832) 680.1000 (mobile)
(832) 680.5555 (facsimile)
www.quisenberrylaw.com<http://www.quisenberrylaw.com>

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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> on behalf of Krista Jacobsen via Patentpractice <patentpractice at oppedahl-lists.com>
Date: Monday, 15 September 2025 at 7:08 pm
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>, Suzannah K. Sundby <suzannah at canadylortz.com>
Cc: Krista Jacobsen <krista at jacobseniplaw.com>
Subject: Re: [Patentpractice] NO SOUP FOR YOU!
[Image removed by sender.]
I have taken the liberty of drafting a preliminary reply for you:

Mail Stop Amendment
Commissioner for Patents
P.O. Box 1450
Alexandria, VA  22313-1450

RESPONSE TO NOTICE OF NON-COMPLIANT AMENDMENT

In response to the  Notice of Non-Compliant Amendment dated September __, 2025, the deadline for reply being ____, Applicant responds as follows:

[cid:ADBADDAB-421C-4661-ABAD-15DF65F4CF9F]

------------------------------------------
Krista S. Jacobsen
Attorney and Counselor at Law
Jacobsen IP Law
krista at jacobseniplaw.com
T:  408.455.5539
www.jacobseniplaw.com<http://www.jacobseniplaw.com/>

NOTICE:  This communication may include privileged or confidential information. If received in error, please notify the sender and delete this communication without copying or distributing.

On Monday, Sep 15, 2025 at 1:38 PM, Suzannah K. Sundby via Patentpractice <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>> wrote:
Someone please save me from responding with a reply refusing to change the status identifier and demanding that the USPTO DOES ITS FREAKING JOB.

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: Monday, September 15, 2025 4:34 PM
To: Goldberg, Judi <jgoldberg at leydig.com>; For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>; Randall Svihla <rsvihla at nsiplaw.com>
Subject: RE: NO SOUP FOR YOU!

The person who flagged was with Legal Instruments … meaning it never got to the Examiner (as I understand)

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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: Goldberg, Judi <jgoldberg at leydig.com<mailto:jgoldberg at leydig.com>>
Sent: Monday, September 15, 2025 4:31 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>>; Randall Svihla <rsvihla at nsiplaw.com<mailto:rsvihla at nsiplaw.com>>
Cc: Suzannah K. Sundby <suzannah at canadylortz.com<mailto:suzannah at canadylortz.com>>
Subject: RE: NO SOUP FOR YOU!

The MPEP allows for the following identifiers.  That being said, the examiners are being much pickier.  I recently had some NPL refs in an IDS not be considered because the publisher or publisher’s location weren’t included in the cite (which I had previously only done when citing a book, not a journal article.)  It buys them more time to delay examining the application.

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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com<mailto:patentpractice-bounces at oppedahl-lists.com>> On Behalf Of Suzannah K. Sundby via Patentpractice
Sent: Monday, September 15, 2025 3:23 PM
To: Randall Svihla <rsvihla at nsiplaw.com<mailto:rsvihla at nsiplaw.com>>; For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>>
Cc: Suzannah K. Sundby <suzannah at canadylortz.com<mailto:suzannah at canadylortz.com>>
Subject: Re: [Patentpractice] NO SOUP FOR YOU!

[External Email]
LIE, Terry Bryant.

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: Randall Svihla <rsvihla at nsiplaw.com<mailto:rsvihla at nsiplaw.com>>
Sent: Monday, September 15, 2025 4:09 PM
To: Suzannah K. Sundby <suzannah at canadylortz.com<mailto:suzannah at canadylortz.com>>; 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: NO SOUP FOR YOU!

Ridiculous.  Was it signed by the Examiner, or an LIE?

From: Suzannah K. Sundby <suzannah at canadylortz.com<mailto:suzannah at canadylortz.com>>
Sent: Monday, September 15, 2025 4:08 PM
To: Randall Svihla <rsvihla at nsiplaw.com<mailto:rsvihla at nsiplaw.com>>; 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: NO SOUP FOR YOU!

Filed September 1, 2025.

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: Randall Svihla <rsvihla at nsiplaw.com<mailto:rsvihla at nsiplaw.com>>
Sent: Monday, September 15, 2025 4:05 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>>
Cc: Suzannah K. Sundby <suzannah at canadylortz.com<mailto:suzannah at canadylortz.com>>
Subject: RE: NO SOUP FOR YOU!

Annoying.  When did you file a response?  It may have come up for action and the Examiner didn't want to work on it because it's the end of the fiscal year so he got it off his docket this way.

37 CFR 1.121(c)(3):

  *   (3) When claim text in clean version is required.  The text of all pending claims not being currently amended shall be presented in the claim listing in clean version, i.e., without any markings in the presentation of text.  The presentation of a clean version of any claim having the status of “original," "withdrawn" or "previously presented" will constitute an assertion that it has not been changed relative to the immediate prior version, except to omit markings that may have been present in the immediate prior version of the claims of the status of "withdrawn" or "previously presented."  Any claim added by amendment must be indicated with the status of "new" and presented in clean version, i.e., without any underlining.

MPEP 714(C):

Example of listing of claims:
Claims 1-5 (canceled)
Claim 6 (withdrawn): A process for molding a bucket.
Claim 7 (previously presented): A bucket with a handle.
Claim 8 (currently amended): A bucket with a greenblue handle.
Claim 9 (withdrawn): The process for molding a bucket of claim 6 using molten plastic material.
Claim 10 (original): The bucket of claim 8 with a wooden handle.
Claim 11 (canceled)
Claim 12 (previously presented): A bucket having a circumferential upper lip.
Claim 13 (not entered)
Claim 14 (new): A bucket with plastic sides and bottom.

  *   (E) Acceptable Alternative Status Identifiers: To prevent delays in prosecution, the Office may waive certain provisions of 37 CFR 1.121<https://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#d0e323020> and accept alternative status identifiers not specifically set forth in 37 CFR 1.121(c)<https://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#d0e323020>. Accordingly claim listings that include alternative status identifiers as set forth below will be accepted if the amendment otherwise complies with 37 CFR 1.121<https://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#d0e323020>. See Acceptance of Certain Non-Compliant Amendments Under 37 CFR 1.121(c), 1296 OG 27 (July 5, 2005).
Status Identifiers Set Forth in 37 CFR 1.121(c)
Acceptable Alternatives
1. Original
Original Claim; and Originally Filed Claim
2. Currently amended
Presently amended; and Currently amended claim
3. Canceled
Canceled without prejudice; Cancel; Cancelled; Canceled herein; Previously cancelled; Canceled claim; Deleted; and Previously canceled
4. Withdrawn
Withdrawn from consideration; Withdrawn – new; Withdrawn claim; and Withdrawn – currently amended
5. Previously presented
Previously amended; Previously added; Previously submitted; and Previously presented claim
6. New
Newly added; and New claim
7. Not entered
Not entered claim
The Office may also accept additional variations of the status identifiers provided in 37 CFR 1.121(c)<https://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#d0e323020> not listed above if an Office personnel determines that the status of the claims is accurate and clear. When accepting alternative status identifiers, the examiner is not required to correct the status identifiers using an examiner’s amendment. Applicant will not be notified and will not be required to submit a corrective compliant amendment. The examiner does not need to make a statement on the record that the alternative status identifiers have been accepted.

https://www.uspto.gov/news/og/2005/week27/patamnd.htm

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com<mailto:patentpractice-bounces at oppedahl-lists.com>> On Behalf Of Suzannah K. Sundby via Patentpractice
Sent: Monday, September 15, 2025 3:48 PM
To: patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>
Cc: Suzannah K. Sundby <suzannah at canadylortz.com<mailto:suzannah at canadylortz.com>>
Subject: [Patentpractice] NO SOUP FOR YOU!

Got a Notice of Non-Compliant Amendment

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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.

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