705.08 Response Clause
Each Office action must set forth the deadline for response, if applicable. 37 C.F.R §2.62(a).
Generally, the examining attorney’s letter or Office action will include a "response clause" notifying the applicant that the applicant must respond to the action within the following time period, as applicable, to avoid abandonment under 15 U.S.C. §1062(b)(2): (1) for Office actions issued on or after December 3, 2022 for §1 and/or §44 applications, within three months of the issuance date ("three-month response clause"); or (2) for Office actions issued for §66(a) applications and for Office actions issued before December 3, 2022, within six months of the issuance date ("six-month response clause"). See TMEP §§711–711.03 regarding the deadline for response to an Office action.
An Office action with a three-month response clause also includes information regarding the option to request one three-month extension of the time to respond. See TMEP §711.01 regarding requests for an extension of time to respond to an Office action with a three-month response period.
The examining attorney must not include a response clause in an examiner’s amendment (see TMEP §§707–707.03) or suspension notice (see TMEP §§716–716.06), in a situation where the time for response runs from the issuance date of a previous Office action (see TMEP §§711.02, 715.03(c)), or in a subsequent final action where a notice of appeal has previously been filed (see TMEP §715.04(b)).