711.02 Time May Run from Previous Action
In most cases, the period to respond to an Office action runs from the issuance date of the Office action. In some situations, the examining attorney’s Office action does not re-start the beginning of a new response period. For example, a notice that an applicant’s response was incomplete (see TMEP §718.03), or a notice that an applicant’s request for reconsideration of a final action fails to overcome a refusal or satisfy an outstanding requirement (see TMEP §715.03(c)), does not begin a new response period. In all cases in which the response period runs from the date of a previous Office action, the examining attorney must include a statement to that effect in the Office action, and must omit the response clause.