Suspension of examination by the PTO

[khazzah]

While reviewing a file wrapper, I ran across something that I've never heard of: an Examiner suspending examination for 6 months because "a reference relevant to the examination of this application may be available".

Specifically allowed by CFR 1.103, although no details are given in the rule. Discussed a little bit in MPEP 709. Another reason for suspension is possible interference, which makes perfect sense to me. But "reference may become available" ?

Any idea what the intention behind this is?

[JimIvey]

I've never seen anything like that.  The only thing that comes to mind is that examiners have access to information we don't and might know when certain art will be available. 

For example, suppose the examiner has a nifty 102 reference that is a pending application that won't publish for another 6 months.  If the examiner allows the case because the reference is not yet available under 102(e), the claim(s) would be invalid (in the examiner's opinion) eventually -- assuming publication of the application in question is an eventuality.  Not a great option.  So, waiting for the reference might make some sense.

That would be my guess.  If it's your application, you can always call the examiner and ask what's going on. 

If the application in question has foreign or PCT priority, it might have sibling cases that are published and already available as prior art and you can suggest the examiner look for those to get your case moving again.  Of course, only the examiner would know about that priority on extra-US cases.

Regards.

[klaviernista]

One possible scenario is that the examiner has identified a foreign language reference that has an interesting English abstract, but which is in a language that the PTO translators cannot translate.  The PTO has to provide a translation of any foreign language reference, so the suspension is probably for the purpose of providing time to obtain the translation.

This is a rare scenario, becuase the PTO translations branch is generally very good.  I remember walking down to that branch several times for a spot translation and being amazed when I learned that one translator could fluently read and speak 8 entirely different languages - Russian, French, Portugese, Japanese, Chinese (Mandarin), English, German, and Dutch.