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

Patent barExamination, Office actions and replies

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 A three-month extension, because the reply was received after the fifth month counted from the mailing date of the action
B A one-month extension combined with a request under 37 CFR 1.136(b) explaining why the reply could not be filed on time
C A three-month extension: the weekend rule of 37 CFR 1.7 does not apply to a period extended under 37 CFR 1.136(a)
D No extension, because a reply is timely at any point within the 6-month statutory period of 35 U.S.C. 133
E A two-month extension, because the extended period ends on Sunday, June 14, 2026, and rolls to the next business day

Show the answer and explanation

Answer: E. A two-month extension, because the extended period ends on Sunday, June 14, 2026, and rolls to the next business day

Answer: A two-month extension, because the extended period ends on Sunday, June 14, 2026, and rolls to the next business day. The 3-month period ran to Tuesday, April 14, 2026. A two-month extension carries it to Sunday, June 14, 2026, and under 35 U.S.C. 21(b) and 37 CFR 1.7(a) a reply due on a Sunday may be filed on the next business day, Monday, June 15 (MPEP 710.01(a), 710.05). The amount of extension is fixed by the fee paid, so the two-month fee is enough (37 CFR 1.136(a)(2)). Why not the others: - A three-month extension: June 15 is past the five-month mark only because June 14 is a Sunday, and the weekend rule saves the reply. - No extension: the 6-month statutory period is only the outer limit; a reply after the shortened period still needs a paid extension to be timely (MPEP 710.02(e)). - A 1.136(b) request: it must be filed before the set period ends and is unavailable when 1.136(a) extensions are available. - The weekend rule of 37 CFR 1.7 applies to any day fixed for taking action, including the last day of an extended period. Rule: A reply due on a Saturday, Sunday or federal holiday, including at the end of an extended period, is timely on the next business day. Source: MPEP § 710.01(a), § 710.02(e), § 710.05 (9th ed., Rev. 01.2024); 35 U.S.C. 21(b), 133; 37 CFR 1.7(a), 1.136(a); as at Oct 2026

Common mistake

Buying an extra month of extension because the extended due date falls on a weekend.

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Related Patent bar practice questions

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 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 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.