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For any amendment being filed in response to a restriction or election of species requirement and any subsequent amendment, any claims which are non-elected must have the status identifier (withdrawn).
What is an Ex parte Quayle Office Action? An Ex parte Quayle Office Action, or Quayle Action for short, is issued when there are minor issues to be resolved in a patent application that is otherwise in condition for allowance. Prosecution on the merits is closed, meaning that substantive examination has concluded.
The reply by the applicant or patent owner must be reduced to a writing which distinctly and specifically points out the supposed errors in the examiners action and must reply to every ground of objection and rejection in the prior Office action.
Applicants may submit replies to Office actions: online via the USPTOs Patent Center (Registered eFilers only); by mail; by facsimile to the USPTOs Official Fax Number (571-273-8300); or. Responding to Office Actions - USPTO uspto.gov patents maintain responding uspto.gov patents maintain responding
In the reply to the restriction requirement, applicant must elect one invention for examination. If applicant wishes to traverse the restriction requirement, the reply must also include a traversal with specific reasons why applicant believes the restriction requirement is in error. See 37 CFR 1.111 and MPEP 818.01. 818-Election and Reply - USPTO uspto.gov web offices pac mpep uspto.gov web offices pac mpep
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An applicant has a few options in response to a Final Office Action: File a Request for Reconsideration; Appeal; Petition to Cancel the blocking trademark registration(s); How to Respond to a Trademark Final Office Action patenttrademarkblog.com final-trademark- patenttrademarkblog.com final-trademark-
The Ex parte Quayle Action officially closes prosecution and requires the applicant to fix the technicalities. A response must be filed within 2 months of the mail date of the office action and may be filed up to 6onths later with the payment of progressively higher monthly extension fees. What is an Ex parte Quayle Action? - OC Patent Lawyer ocpatentlawyer.com what-is-an-ex-parte-quayle- ocpatentlawyer.com what-is-an-ex-parte-quayle-
If a response is not filed within two months after the date of a final office action, the USPTO calculates extension fees from the mailing date of the final action and does not extend the filing deadline to respond even if and examining attorney fails to respond in a timely manner.

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