Patent bar Restriction and double patenting question: Group II a method of making the pump and Group III a method of irrigating

Patent barRestriction and double patenting

The examiner requires restriction among Group I (a pump), Group II (a method of making the pump) and Group III (a method of irrigating with the pump). Within the period for reply, the applicant files a detailed traversal arguing that all three groups can be searched together, but deliberately makes no election because it considers the requirement improper. Which statement is correct?

A Incomplete and not bona fide; the application is abandoned unless an election is made within the period
B The reply is complete, as a traversal with specific reasons is a full reply to a requirement for restriction
C The reply is incomplete, and the examiner must set a new 2-month period under 37 CFR 1.135(c) to supply the election
D The reply is complete, and the examiner will choose the group to be examined if the requirement is maintained
E The reply stays the period for reply until the examiner decides whether the requirement should be withdrawn

Show the answer and explanation

Answer: A. Incomplete and not bona fide; the application is abandoned unless an election is made within the period

Answer: Incomplete and not bona fide; the application is abandoned unless an election is made within the period. A complete reply to a restriction requirement must include an election even if the requirement is traversed; the applicant must make its own election, and the examiner will not make it (37 CFR 1.143; MPEP 818, 818.01). A deliberate failure to elect because the requirement is thought improper is not a bona fide attempt to advance the application, so the 1.135(c) practice for inadvertent omissions does not apply (MPEP 714.03). Why not the others: - Traversal is a full reply: a traversal without an election is not a complete reply. - Examiner chooses: the MPEP states the examiner will not make the election for the applicant. - New 2-month period: 1.135(c) relief is for inadvertent omissions, not deliberate refusal to elect. - Disagreement with a requirement does not stay the period; only a complete reply avoids abandonment. Rule: A reply to a restriction requirement must include an election, even with a traversal. Source: MPEP § 714.03, § 818, § 818.01 (9th ed., Rev. 01.2024); 37 CFR 1.135(c), 1.142, 1.143; as at Oct 2026

Common mistake

Believing a strong traversal can replace the election.

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In reply to a requirement to restrict between a catalyst and a process of using it, practitioner Hugo Lambert writes: 'Applicant elects Group I, with traverse,' and gives no reasons. After the elected claims are allowed, he wants to petition the Director under 37 CFR 1.144 to review the requirement. Which statement is correct?Saanvi Rao properly traversed a restriction requirement, and the examiner made it final. Her elected claims were later finally rejected, and on Monday, June 1, 2026, she filed a notice of appeal. On Monday, June 15, 2026, she files a petition under 37 CFR 1.144 asking the Director to review the restriction requirement. Which statement is correct?A claim recites a mathematical formula for calculating the optimal cure time of rubber, and further recites constantly measuring mold temperature, recalculating the cure time with the formula, and automatically opening the press when the calculated time has elapsed. Under the USPTO's analysis, which conclusion is best supported?

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.