s**********g
发帖数: 186 | 1 用什么identifier标识已经withdrawn但又想rejoin的claims. 万分感谢! |
d********e
发帖数: 2221 | |
z******n
发帖数: 336 | 3 if you need to amend a withdrawnprocess claim to recite all limitations
of a product claim under consideration so that you can rejoin the amended process claim after the the product claims is found allowable, you can use "
withdrawn-currently amended". However, simply "withdrawn" works as well. |
s**********g
发帖数: 186 | 4 Thank you for the reply.
I did not tell the whole story in the beginning. Some of our claims were
withdrawn by the examiner in the office action, but we disagreed with him.
In our response we requested rejoinder of those claims and did not use
withdrawn or withdrawn-currently amended. The day before, we got a notice of
non-compliant response indicating those claims should be identified as
withdrawn.
So my question is when rejoinder is requested, how the claims that are
withdrawn by mistake are identified.
Thanks in advance.
process claim after the the product claims is found allowable, you can use "
【在 z******n 的大作中提到】
: if you need to amend a withdrawnprocess claim to recite all limitations
: of a product claim under consideration so that you can rejoin the amended process claim after the the product claims is found allowable, you can use "
: withdrawn-currently amended". However, simply "withdrawn" works as well.
|
r*******r
发帖数: 213 | 5 still "withdrawn", but in the remarks, argue that claims x-x were
incorrectly or mistakenly withdrawn by the Examiner for reasons A, B, C...
or you may traverse the restriction requirement set forth by the Examiner at
the first place...if this is what you actually wanted to do. However, now
it may already be too late to do so.
of
【在 s**********g 的大作中提到】
: Thank you for the reply.
: I did not tell the whole story in the beginning. Some of our claims were
: withdrawn by the examiner in the office action, but we disagreed with him.
: In our response we requested rejoinder of those claims and did not use
: withdrawn or withdrawn-currently amended. The day before, we got a notice of
: non-compliant response indicating those claims should be identified as
: withdrawn.
: So my question is when rejoinder is requested, how the claims that are
: withdrawn by mistake are identified.
: Thanks in advance.
|
d********e
发帖数: 2221 | 6 it's not worth fighting a restriction requirement. you are wasting your time
and money.
if any withdrawn claims are eligible for rejoinder at the time of allowance,
they will be rejoined automatically.
just use "withdrawn" in front of withdrawn claims. file a divisional
application to pursue those withdrawn claims that will not be rejoined.
are you prosecuting this application yourself? I suggest you find a lawyer
or agent before you make an irreversible mistake. |
z******n
发帖数: 336 | 7 you would better to talk to a patent agent or attorney for details. the file
wrapper needs to be reviewed before a complete answer can be given.
However, don't worry. It should be easily curable if you don't make mistakes.
of
【在 s**********g 的大作中提到】
: Thank you for the reply.
: I did not tell the whole story in the beginning. Some of our claims were
: withdrawn by the examiner in the office action, but we disagreed with him.
: In our response we requested rejoinder of those claims and did not use
: withdrawn or withdrawn-currently amended. The day before, we got a notice of
: non-compliant response indicating those claims should be identified as
: withdrawn.
: So my question is when rejoinder is requested, how the claims that are
: withdrawn by mistake are identified.
: Thanks in advance.
|
s**********g
发帖数: 186 | 8 惭愧. 我是个刚入行的patent agent. 顶头律师要我回复一个 the notice of non-
compliant response.在她给上一个 non-final office action的答复中,she
requested rejoinder of the claims withdrawn by the examiner and marked those
claims as original or anything else other than withdrawn or withdrawn-
currently amended.The response from the examiner is the notice of non-
compliant response as above. She talked to me today and told me we were
going to comply with most of the withdrawn claims except two. So I kept the
identifiers for those two the same as before (not withdrawn), withdrew the
others. She will discuss with me again tomorrow.
It looks like if you disagree with the examiner for the election, you don't
change the identifiers to withdrawn until you have no choice. But I kind of
agree with deltaforce that if you reserve your right to request rejoinder ,
when allowable matter is found they may be reconsidered.
Thank you to everyone! |
z******n
发帖数: 336 | 9 Some examiners will notify you in the office action that a withdrawn process
claim will automatically be rejoined after a product claim is found
allowable, IF you elect the product claim.
Unless you are 100% sure you will win, no need to fight a RR. And it is too
early to fight too. Get some claims considered for the merits first. However
, be careful when electing claims. In a product/process situation, if you
elect a process, then no possibility of rejoining a product. if you elect a
product, you might rejoin a process. I may be wrong to some extent. |
s**********g
发帖数: 186 | 10 Sounds logical to me!
process
too
However
a
【在 z******n 的大作中提到】
: Some examiners will notify you in the office action that a withdrawn process
: claim will automatically be rejoined after a product claim is found
: allowable, IF you elect the product claim.
: Unless you are 100% sure you will win, no need to fight a RR. And it is too
: early to fight too. Get some claims considered for the merits first. However
: , be careful when electing claims. In a product/process situation, if you
: elect a process, then no possibility of rejoining a product. if you elect a
: product, you might rejoin a process. I may be wrong to some extent.
|
|
|
i****y
发帖数: 5184 | 11 You will probably get another non-compliance. Client will freak out when
they see that you spend time (the associate's and yours) on replying to this
, unless the fight was instructed by the client.
How senior is this 顶头律师?
those
the
~~~~~~~~~~~~~~~~~~~~~~~~
She will discuss with me again tomorrow.
t
【在 s**********g 的大作中提到】
: 惭愧. 我是个刚入行的patent agent. 顶头律师要我回复一个 the notice of non-
: compliant response.在她给上一个 non-final office action的答复中,she
: requested rejoinder of the claims withdrawn by the examiner and marked those
: claims as original or anything else other than withdrawn or withdrawn-
: currently amended.The response from the examiner is the notice of non-
: compliant response as above. She talked to me today and told me we were
: going to comply with most of the withdrawn claims except two. So I kept the
: identifiers for those two the same as before (not withdrawn), withdrew the
: others. She will discuss with me again tomorrow.
: It looks like if you disagree with the examiner for the election, you don't
|
s**********g
发帖数: 186 | 12 The client won't get freak out this time, cause they won't get to see
exactly how many hours I spent (10h). The lawyer ( 7 years in this firm, 3
years as patent agent in another firm) told me today, 90% of the time I
spent would not be billable.
How can I become more efficient? How to deal with this billing system?
Any suggestions are appreciated!
Are you thinking asking for rejoinder in the response to Notice of Non-
Compliant Amendment is not worth it? The lawyer is determined to do so even
she feels like we may get a final rejection. But she asks for a phone call
if the final decision is made by the examiner. Will that help us avoid the
final rejection?
this
【在 i****y 的大作中提到】
: You will probably get another non-compliance. Client will freak out when
: they see that you spend time (the associate's and yours) on replying to this
: , unless the fight was instructed by the client.
: How senior is this 顶头律师?
:
: those
: the
: ~~~~~~~~~~~~~~~~~~~~~~~~
: She will discuss with me again tomorrow.
: t
|
d********e
发帖数: 2221 | 13 Your mentor must be out of her mind!
even
【在 s**********g 的大作中提到】
: The client won't get freak out this time, cause they won't get to see
: exactly how many hours I spent (10h). The lawyer ( 7 years in this firm, 3
: years as patent agent in another firm) told me today, 90% of the time I
: spent would not be billable.
: How can I become more efficient? How to deal with this billing system?
: Any suggestions are appreciated!
: Are you thinking asking for rejoinder in the response to Notice of Non-
: Compliant Amendment is not worth it? The lawyer is determined to do so even
: she feels like we may get a final rejection. But she asks for a phone call
: if the final decision is made by the examiner. Will that help us avoid the
|
i****y
发帖数: 5184 | 14 How can I become more efficient?
我只能说，远离你这个带头律师
even
【在 s**********g 的大作中提到】
: The client won't get freak out this time, cause they won't get to see
: exactly how many hours I spent (10h). The lawyer ( 7 years in this firm, 3
: years as patent agent in another firm) told me today, 90% of the time I
: spent would not be billable.
: How can I become more efficient? How to deal with this billing system?
: Any suggestions are appreciated!
: Are you thinking asking for rejoinder in the response to Notice of Non-
: Compliant Amendment is not worth it? The lawyer is determined to do so even
: she feels like we may get a final rejection. But she asks for a phone call
: if the final decision is made by the examiner. Will that help us avoid the
|
p*********g
发帖数: 9527 | 15 哈哈，我知道你是谁。
process claim after the the product claims is found allowable, you can use "
【在 z******n 的大作中提到】
: if you need to amend a withdrawnprocess claim to recite all limitations
: of a product claim under consideration so that you can rejoin the amended process claim after the the product claims is found allowable, you can use "
: withdrawn-currently amended". However, simply "withdrawn" works as well.
|
s**********g
发帖数: 186 | 16 Which way? 90% of my work is non-billable or even she senses she is asking
for the final rejection, she will still do it?
【在 d********e 的大作中提到】
: Your mentor must be out of her mind!
:
: even
|
s**********g
发帖数: 186 | 17 That sounds even harder than to please her and secure the job, though I am
not successful in the latter.
Apparently she is not happy about my efficiency, and I am not encouraged by
working without being paid. I wish there is a smart way of learning.
中提到: 】 |
p*********g
发帖数: 9527 | 18 绝对。。。
【在 i****y 的大作中提到】
: How can I become more efficient?
: 我只能说，远离你这个带头律师
:
: even
|
s**********g
发帖数: 186 | 19 She is already a special counsel, higher than regular associate and close to
partner.she gets there in about 5 years.
She has a lot of clients. I am confused by the reasons to stay away from her
. Billable hour or patent prosecution? Please advise.
【在 p*********g 的大作中提到】
: 绝对。。。
|
d********e
发帖数: 2221 | 20 It seems she's not giving you good advice or training. No matter how good
she is, if she does not care about you, she's not a good mentor for you. |
|
|
s**********g
发帖数: 186 | 21 Oh, I see.
what kind of training are needed/expected for beginners?
Are any of you stressed out by billable hours? For me, I don't know how I
will fulfill the requirement when discounts are taken in such a generous way
.If salary is based on billable hours, I don't know whether I will have
enough to pay the bills. Sweating.....
【在 d********e 的大作中提到】
: It seems she's not giving you good advice or training. No matter how good
: she is, if she does not care about you, she's not a good mentor for you.
|
d********e
发帖数: 2221 | 22 She should teach you the best approach she knows. She should explain to you
why certain things are done in certain ways. She should revise your drafts
carefully.
Billable hour is "billable" not "billed." If you bill 1000 hours and the
firm writes off 900, you still get 1000 hours. If your firm requires "billed
" hour and still writes off a big chunk of your time, find another firm.
Nobody I know is concerned with his/her billable hour requirement.
way
【在 s**********g 的大作中提到】
: Oh, I see.
: what kind of training are needed/expected for beginners?
: Are any of you stressed out by billable hours? For me, I don't know how I
: will fulfill the requirement when discounts are taken in such a generous way
: .If salary is based on billable hours, I don't know whether I will have
: enough to pay the bills. Sweating.....
|
s**********g
发帖数: 186 | 23 Thank you so much.
Much clear now.
you
drafts
billed
【在 d********e 的大作中提到】
: She should teach you the best approach she knows. She should explain to you
: why certain things are done in certain ways. She should revise your drafts
: carefully.
: Billable hour is "billable" not "billed." If you bill 1000 hours and the
: firm writes off 900, you still get 1000 hours. If your firm requires "billed
: " hour and still writes off a big chunk of your time, find another firm.
: Nobody I know is concerned with his/her billable hour requirement.
:
: way
|
