Patent bar Examination, Office actions and replies question: usual 3-month shortened statutory period

Answer: D. A one-month extension, because the shortened period expired on June 18, 2026, the advisory action's mailing date

Answer: A one-month extension, because the shortened period expired on June 18, 2026, the advisory action's mailing date. The first reply came on April 28, within 2 months of the March 6 final rejection, and the advisory action was mailed after the 3-month date (June 6), so the shortened period expired on the advisory action's mailing date, June 18, 2026, and extension fees run from that date (MPEP 706.07(f), 714.13). One month from June 18 is Saturday, July 18, 2026, so a filing on Monday, July 20 is timely with a one-month extension (37 CFR 1.7). The 6-month outer limit (Tuesday, September 8, 2026, after the Labor Day holiday) is not reached. Why not the others: - Two months from June 6: the 3-month date controls only when the advisory action is mailed before it or the first reply came after 2 months. - A new 3-month period: the advisory action does not restart the period; it only sets the expiry date used for extension fees. - Counting from the first reply: extension fees are counted from the end of the shortened period, never from the filing of a reply. - An after-final amendment does not stop the period running; 37 CFR 1.116(c) says admission or refusal of the amendment does not save the application from abandonment. Rule: If a first reply to a final rejection is filed within 2 months and the advisory action is mailed after the 3-month date, the period expires on the advisory action's mailing date, never later than 6 months. Source: MPEP § 706.07(f), § 714.13 (9th ed., Rev. 01.2024); 35 U.S.C. 133; 37 CFR 1.7(a), 1.116, 1.136(a); as at Oct 2026