715.03(a)(1) Request for Reconsideration Resolves All Outstanding Issues

If the request for reconsideration convinces the examining attorney that a refusal or requirement should be withdrawn, and no other issues remain, the examining attorney may withdraw the refusal or requirement and approve the application for publication or registration.

715.03(a)(2) Request for Reconsideration Does Not Resolve All Outstanding Issues

715.03(a)(2)(A) Withdrawal of Prior Amendment

If, in a request for reconsideration that does not overcome or resolve all outstanding issues, the applicant also withdraws a prior amendment submitted in response to a refusal or requirement made by the examining attorney in an Office action (e.g., an amendment to the Supplemental Register or disclaimer), this does not raise a new issue.

715.03(a)(2)(B) Time Remaining in Response Period

If the applicant has made a good-faith, but incomplete, attempt to comply, and there is 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") that: (1) acknowledges the request for reconsideration; (2) indicates that it is denied and explains why it does not overcome or resolve the final refusal; (3) states that the final refusal is maintained; and (4) advises the applicant that the time for appeal runs from the issuance date of the final Office action. The examining attorney should advise the applicant that the applicant has the remainder of the response period to comply with any outstanding requirement and/or to file a notice of appeal to the Board. The Office action must not include a six-month response clause. See TMEP §705.08.

715.03(a)(2)(C) No Time Remaining in Response Period – Discretion to Provide Thirty Days to Complete Response

If the applicant has made a good-faith but incomplete attempt to comply and there is no time remaining or fewer than 30 days remaining in the six-month response period, the examining attorney has discretion under 37 C.F.R. §2.65(b) to issue an "Examiner’s Action Continuing a Final Refusal – 30 day Letter" that gives the applicant additional time to resolve the matters that remain outstanding. See TMEP §718.03(b). The Office action must not include a six-month response clause. This additional time should be granted only if the record indicates that the applicant can place the application in condition for approval by completing the response. 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 examining attorney believes that an examiner's amendment (see TMEP §§707 et seq.) will immediately put the application in condition for publication or registration, the examining attorney should attempt to contact the applicant to obtain authorization to issue an examiner's amendment.

715.03(a)(2)(D) No Time Remaining in Response Period – Abandon for Incomplete Response

If the examining attorney is not persuaded by the request for reconsideration and the applicant has not made a good-faith effort to comply with the outstanding requirements and/or to overcome all outstanding refusals, and there is no time remaining in the response period, the application must be deemed abandoned due to incomplete response. The examining attorney must issue an "Abandoned Due to Incomplete Response" action.

If the examining attorney denies the request for reconsideration and holds the application abandoned for incomplete response, the applicant may file a petition to the Director under 37 C.F.R. §2.146 to reverse the examining attorney’s holding of abandonment. However, the Director will reverse the examining attorney’s action on petition only where there has been clear error or an abuse of discretion. In re GTE Educ. Servs., 34 USPQ2d 1478, 1479-80 (Comm'r Pats. 1994); In re Legendary Inc., 26 USPQ2d 1478, 1479 (Comm’r Pats. 1992); TMEP §1713.01. The unintentional delay standard of 37 C.F.R. §2.66 does not apply in this situation. See TMEP §§1713.02 and 1714.01(f)(ii)(A).

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.