WHIPgroup attorneys filed a Pre-Appeal Brief in a patent application related to a method for providing a fault tolerance in an industrial automation and control system. The Examiner had rejected all claims as allegedly being anticipated by an earlier patent publication. In the Pre-Appeal Brief, WHIPgroup attorneys argued that the Office Action improperly failed to clearly articulate the Examiner’s reasoning for the rejection, and that the cited reference failed to disclose several of the claimed features. The USPTO agreed to re-opening prosecution.
WHIPgroup thus avoided the need to file a Request for Continued Examination (RCE) or full Appeal Brief to overcome the improper rejection.
By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]
WHIPgroup obtained another patent allowance using the After Final Consideration Pilot (AFCP) Program. In U.S. Application No. 15/239,469 directed to an eccentric well pipe, a Final Office Action rejected pending claims for obviousness. WHIPgroup attorneys [Read More…]
WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection. During prosecution, the USPTO rejected claims directed to a method for actively damping oscillations in a compression process as [Read More…]