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1705 Examiner Docket, Time, and Activity Recordation [R-2] - 1700 Miscellaneous
1705 Examiner Docket, Time, and Activity Recordation [R-2]
Actions prepared by examiners are submitted to their respective legal instrument examiners for processing in accordance with the procedures set forth below.
>I. < PROCEDURES FOR REPORTING AN EXAMINER'S ACTION
(A) The examiner completes an Examiner's Case Action Worksheet, Form PTO-1472, which identifies the type of action prepared. The worksheet is attached to the application >if the application is maintained in a paper file, or placed in an Action folder with the Office action if the application is an Image File Wrapper (IFW) application< for processing by the legal instrument examiner;
(B) The legal instrument examiner checks the worksheet to verify that the examiner provided all necessary information relating to that action;
(C) The legal instrument examiner enters the type of action and the count date thereof on the Contents flap of the file wrapper >if the application is maintained in a paper file, or has the action added to the IFW (see IFW Manual)<; and
(D) The legal instrument examiner enters the examiner's action for the application directly into PALM **.
Each examiner's action that is counted and reported to the PALM system will be listed by application number on the Biweekly Examiner Time and Activity Report. The examiner should check his/her Biweekly Examiner Time and Activity Report to verify that all applications worked on for the biweekly report period are properly listed.
Examples of examiner's actions that are reported to PALM by the legal instrument examiner, but are not listed on the Biweekly Examiner Time and Activity Report, include examiner's amendments, actions in reexamination proceedings, interview summaries, transfers of applications, and supplemental Office actions and miscellaneous Office letters which do not set a period for reply.
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II. < COUNTING OF FIRST ACTION ON THE MERITS (FAOM)
Office actions on the merits consist of rejections (final and non-final), Ex parte Quayle actions, and allowances.
The first time an examiner performs one of the above merit actions, he/she receives credit for a First Action on the Merits (FAOM) on the production reports.
A second/subsequent but FAOM usually occurs when the first action is a restriction/election action and the second action is an action on the merits. The examiner indicates the type of second action on the Examiner's Case Action Worksheet, and the PALM system will automatically determine if it is a FAOM. If the second action is a FAOM, the action will be listed and credited on the Biweekly Examiner Time and Activity Report as a Second/Subsequent FAOM.
>III. < COUNTING OF DISPOSALS
An examiner receives a "disposal" count for the following actions:
(A) Allowance;
(B) Abandonment;
(C) Examiner's Answer;
(D) International Preliminary Examination Report;
(E) Statutory Invention Registration (SIR) disposal (only after a FAOM; see MPEP § 1101); and
(F) Interference wherein the application would be in condition for allowance but for the interference.
These same items constitute the "disposals" for performance evaluation of examining art units and TCs. However, disposals at the Office level consist only of allowances and abandonments.
For either an allowance or an abandonment after an Examiner's Answer or decision by a court or the Board of Patent Appeals and Interferences, no disposal credit is received, though these actions are indicated on the Biweekly Examiner Time and Activity Report.
>IV. < CORRECTION INFORMATION
(A) If any information is either missing from or incorrect on the Biweekly Examiner Time and Activity Report, the examiner should promptly notify the legal instrument examiner by providing all the pertinent information necessary to make the changes to the PALM system (e.g., examining hours, application number, type of action, etc.).
(B) The legal instrument examiner will report the necessary changes and corrections directly into PALM. These changes will be listed on the next Biweekly Examiner Time and Activity Report.
(C) If any information is missing from the last Biweekly Examiner Time and Activity Report of a quarter (except at the end of a fiscal year) or is incorrect, the examiner should promptly notify the legal instrument examiner and his/her supervisory patent examiner (SPE). The legal instrument examiner will make the appropriate changes directly into the PALM system The changes will be listed on the next Biweekly Examiner Time and Activity Report. However, these changes will not be reflected in the last Quarter's Report; the examiner's SPE may manually make an adjustment to the records to show these changes.
(D) In order to ensure that all PALM reports are correct at the end of the fiscal year (rating period), a special correction cycle is provided on the PALM system. If any information is missing from or is incorrect on the last Biweekly Examiner Time and Activity Report, the examiner should immediately notify the legal instrument examiner and his/her SPE. These changes will be reflected in the examiner's final biweekly report for the entire fiscal year.