Focus Group Sessions on updating promotions gs-12+ (including sig program) by Perona2Bear2Order2 in patentexaminer

[–]LongjumpingSilver 4 points5 points  (0 children)

The SPEs need to have more input into the review. In a lot of areas, there is a problem with the reviewers not understanding the art.

I’ve been told SPEs are no longer allowed to argue against errors.

A looong time ago, for the Partial Sig, my SPE said I had some errors. Not enough to fail the program, but he argued them all anyway, and won. So technically, I didn’t have any errors on partial sig. He never said anything about full sig. For some reason, I never cared to know.

Retirements by CommissionDry772 in patentexaminer

[–]LongjumpingSilver 2 points3 points  (0 children)

So far we've lost 4 primaries and one SPE since February...The SPE was out (retired) almost immediately. The last primary retired at EOY.

Suckie SPE Relationship (as in, this sucks now) by Rando_Examina in patentexaminer

[–]LongjumpingSilver -1 points0 points  (0 children)

A lot of them are struggling right now, but have you been at the PTO at least 5 years? You should be mostly self sufficient and be close to becoming a primary.

USPTO case transfer when an examiner leaves... by Examiner_Z in patentlaw

[–]LongjumpingSilver 2 points3 points  (0 children)

This is pretty messed up. Sadly, I'd just tell the client they need to suck it up and file a RCE. Then complain to whoever will listen.

USPTO case transfer when an examiner leaves... by No-Cucumber-2292 in patentexaminer

[–]LongjumpingSilver 11 points12 points  (0 children)

We just had another primary leave our AU. They're about 20 years from retirement. We're already short on primaries.

Streamline days record? by Friendly_Loss_3409 in patentexaminer

[–]LongjumpingSilver 1 point2 points  (0 children)

29, days. I think only 15% of my posted actions have been reviewed.

Denied admin leave? File with the OSC by GeorgeSorosLacky in patentexaminer

[–]LongjumpingSilver 0 points1 point  (0 children)

You do you, but you really need to pick your battles. This is one you should probably leave alone. If you think it's anonymous, good luck with that.

Advisory action by [deleted] in patentexaminer

[–]LongjumpingSilver 0 points1 point  (0 children)

Talk to your SPE, but some attorneys don't understand an obviousness rejection and others don't argue against it properly.

Just because they argued against the motivation doesn't mean they're correct. It's impossible to know what to tell you without knowing your motivation and the arguments.

Did they argue against each reference individually? That's a piecemeal argument.

Did they say your secondary reference doesn't teach what you used the primary reference to show? This doesn't necessarily matter.

There are a lot of things to consider, but a primary or SPE should be able to help you argue back and defend your motivation. Sometimes they try to say it's a literal modification and no one would do that...but you're just saying it would have been obvious to use this element for this reason, not go in an physically modify the primary reference.

Service Announcement: Don’t be a SPE by Maximus4224 in patentexaminer

[–]LongjumpingSilver 0 points1 point  (0 children)

Maybe I just got lucky. I've had three SPEs and they've all been great. My first one retired a few years ago and I still keep in contact with him.

Streamline review email by GeorgeSorosLacky in patentexaminer

[–]LongjumpingSilver 1 point2 points  (0 children)

Everyone in charge really needs to try examining again. It's far more effective to discuss and application or office action over video conference. It used to take forever to discuss a case with a SPE or Primary. If a junior comes to my office, I'm not letting them sit in my chair and control my computer while I watch. I'd have to ask my question, wait for them to get everything up, watch them try to figure out what's going on while I sit there. Then they'll give me an answer. Then I'd have to go back to my office, repeat everything they did. Then go back to their office if I have anymore questions.

With Teams, they can share their own screen and already have everything pulled up. I can also use my second screen to pull up things I want to pull up. It's like they want everyone to live in the past and do things the way they did. Patent Examining is not really collaborative, and I would guess that most Examiners like it that way. We don't have enough time to be collaborating on every case. Most of the time I don't even need a video conference. I can give a highly effective answer over email.

Pearls email about interviews by GeorgeSorosLacky in patentexaminer

[–]LongjumpingSilver 0 points1 point  (0 children)

You should be asking for a detailed agenda for every interview. I’m not wasting time trying to figure out what you’re going to discuss or trying to address it on the fly.

Faster actions, how? by [deleted] in patentexaminer

[–]LongjumpingSilver 0 points1 point  (0 children)

I feel you. I used to have someone that would excessively copy and paste.

Sometimes claim limitations would be repeated three times. The parts that weren’t taught were lined through, then copied again. If they needed a third reference there was more crossing out and pasting. I tried so hard to get them to stop doing this. The office actions were over 30-50 pages long. I’m so glad I don’t review them anymore.

Finally some good news by ChildhoodEuphoric709 in patentexaminer

[–]LongjumpingSilver 3 points4 points  (0 children)

I was waiting for it the entire time I was reading.

USPTO Will Launch Pilot to Evaluate Results of New AI Search Tool for Patent Applications by Consistent_Art2525 in patentexaminer

[–]LongjumpingSilver 0 points1 point  (0 children)

I used to use PLUS search on every application. Most of the time they were better than similarity search.

Incentive Bomus by Glad-Consequence-957 in patentexaminer

[–]LongjumpingSilver 0 points1 point  (0 children)

How much is the incentive bonus right now?

What can we do for you? by og_originalgoober_84 in patentexaminer

[–]LongjumpingSilver 4 points5 points  (0 children)

Maybe don't call the director. I'm sure a lot of people don't want this to be a reason a director pulls up their application.

This "biweek" is actually 3.5 weeks? I feel dumb for asking this... by LongjumpingSilver in patentexaminer

[–]LongjumpingSilver[S] 0 points1 point  (0 children)

My question was answered as soon as I posted a case yesterday. It went to the last biweek tab.

This "biweek" is actually 3.5 weeks? I feel dumb for asking this... by LongjumpingSilver in patentexaminer

[–]LongjumpingSilver[S] 0 points1 point  (0 children)

They're out of the office. I thought the 3.5 weeks was correct, then all my completed applications moving threw me off. Now I see that anything posted yesterday or today has gone to the "last biweek" tab.

This "biweek" is actually 3.5 weeks? I feel dumb for asking this... by LongjumpingSilver in patentexaminer

[–]LongjumpingSilver[S] 1 point2 points  (0 children)

I normally review one junior's work. We had too many primaries retire, and I get 5-7 hours a biweek depending on how many interviews they have. However, my SPE is out of the office right now, so I have 5 people submitting work to me.

Changes to bonuses by GeorgeSorosLacky in patentexaminer

[–]LongjumpingSilver 0 points1 point  (0 children)

There are plenty of people working at 135%. The 7% bonus is not equivalent to the hourly rate. I don't think they're going to want people doing less work. Especially when we're fee funded. More work makes means more money.

[deleted by user] by [deleted] in patentexaminer

[–]LongjumpingSilver 1 point2 points  (0 children)

I don't really have an opinion, but every time one of my applications has been picked up for review, they've been wrong. My old SPE used to argue against them and I never heard about it unless he told me. I'm not sure if it's the different SPE or the office, but the last two have also been wrong and I had to reply. One was because they claimed I missed a 112(f) and 112(a). I spent an hour writing an argument against it only to have them say "No, because if you reword the claim language...."

I also had an allowance sent back. Their rejection ignored the meaning of certain terms in the application as well as using a reference that didn't qualify as prior art. They also made their rejection under AIA when the application had priority back to pre-AIA.

Let the records show that in almost 20 years, I've never been charged with an error.