Patent bar Examination, Office actions and replies question: period for reply expire

Patent barExamination, Office actions and replies

A final rejection was mailed on Friday, February 27, 2026, setting a 3-month shortened statutory period. The applicant filed an after-final amendment on Thursday, May 7, 2026. The examiner mailed an advisory action on Wednesday, June 10, 2026, refusing entry. No extension has been requested. On what date did the period for reply expire?

A Thursday, August 27, 2026, six months from the mailing date of the final rejection
B Wednesday, May 27, 2026, three months from the mailing date of the final rejection
C Monday, April 27, 2026, two months from the mailing date of the final rejection
D Wednesday, June 10, 2026, the mailing date of the advisory action refusing entry of the amendment
E Friday, July 10, 2026, one month after the mailing date of the advisory action

Show the answer and explanation

Answer: B. Wednesday, May 27, 2026, three months from the mailing date of the final rejection

Answer: Wednesday, May 27, 2026, three months from the mailing date of the final rejection. The variable period that ends on the advisory action's mailing date applies only when the first reply is filed within 2 months of the final rejection, that is, by Monday, April 27, 2026. The amendment came on May 7, so the period ended at 3 months, May 27, 2026, and any extension fee is calculated from that date (MPEP 706.07(f), 714.13). Why not the others: - June 10: the advisory-action date applies only to a first reply filed within 2 months. - One month after the advisory action: no rule adds a month after an advisory action. - Six months: that is the latest date reachable with extensions, not the end of the shortened period. - Two months is the window for the first reply that triggers the variable period; it is not itself the end of the period. Rule: A first reply filed more than 2 months after a final rejection leaves the shortened period ending at 3 months, whatever the advisory action date. Source: MPEP § 706.07(f), § 714.13 (9th ed., Rev. 01.2024); 35 U.S.C. 133; 37 CFR 1.136(a); as at Oct 2026

Common mistake

Applying the advisory-action date even though the first reply missed the 2-month window.

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A non-final Office action in a utility application was mailed on Wednesday, January 14, 2026, setting a 3-month shortened statutory period for reply. The applicant files a complete reply on Monday, June 15, 2026, together with a petition for an extension of time under 37 CFR 1.136(a). What is the shortest extension that makes the reply timely?A final rejection was mailed on Friday, March 6, 2026, with the usual 3-month shortened statutory period. The applicant filed an after-final amendment on Tuesday, April 28, 2026. The examiner mailed an advisory action on Thursday, June 18, 2026, refusing entry. The applicant wants to file a notice of appeal on Monday, July 20, 2026. Which extension of time is required?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.