715.03(a)(2)(E) Responses Signed by Unauthorized Persons, Unsigned Responses, TEAS Responses Consisting Only of a Signature, and TEAS Responses Missing Significant Data or Attachments
If an examining attorney receives a response to a final action signed by an unauthorized person, an unsigned response to a final action, a TEAS response to a final action that consists only of a signature, or a TEAS response to a final action missing significant data or attachments, the examining attorney should not hold the application abandoned for failure to respond completely. If there are more than 30 days remaining in the response period, the examining attorney must issue a "Request for Reconsideration Denied – No Appeal Filed - Time Remaining" (or, if appropriate, "SU - Request for Reconsideration Denied – No Appeal Filed - Time Remaining"). If there are fewer than 30 days remaining in the response period, the examining attorney must issue an "Examiner’s Action Continuing a Final Refusal – 30 day Letter" that gives the applicant additional time to complete the response, with an appropriate explanation. In either case, the Office action must not include a six-month response clause. See TMEP §705.08. Granting additional time to complete a response under 37 C.F.R. §2.65(b) does not extend the deadline for filing an appeal to the Board (or petition to the Director under 37 C.F.R. §2.63(b)(2), if appropriate). See 15 U.S.C. §1062(b); 37 C.F.R. §2.142(a).
If the applicant then fails to submit a complete response (or a request for reconsideration) that resolves all outstanding issues, or fails to respond, the examining attorney must hold the application abandoned for failure to file a complete response. Thus, after providing the applicant one opportunity to perfect, if the applicant fails to do so within the six-month period (or the additional 30 days), the examining attorney must then follow the standard procedure regarding incomplete responses. See TMEP §718.03.