Non Final Office Action

[tkondaks]

I'm a Newbie, guys, so I apologise in advance if I'm in the wrong sub-category of where to post...and if it's the wrong place, please tell me the right place and I'll post there.

I received a communication -- my first -- from the USPTO in response to my Utility Patent application.  The first line says it is a "Non Final Office Action". Because I am low on funds, I need to respond to it myself.  I know, I know, not ideal; and, yes, if I had the money, I'd pay to have a patent attorney do it.

But I'm forced to do it myself. As such, I have some questions.

The first quesiton I have relates to the reasons given in the Office Action for the Claim Rejections -- and, yes, they rejected all 18 of my claims.  But the reasons given miss the mark.  The existing prior art in patents they cite all do something different from what I am attempting to do.  It's as if the examiner doesn't even understand my invention!

Is this normal?  That is, is it par for the course for the first Office Action to cite reasons that are entirely off?  Because I gotta tell ya, being a Newbie at this and getting this Office Action was, at first glance, entirely depressing.  But after the initial skimming of it when I actually got down to reading it and looking up the prior art the examiner cites I realized that the prior art simply hasn't got much of a connection to my invention.

[blakesq]

your invention and what you claimed may be two different things.  the claims are the most important part of your patent application, and thats mainly what the examiner read. For example, if your first claims says something like: 1. a widget comprising: a first element a, a second element b attached to first element a, a third element c attached to element b.

Then, if the prior art references disclose all the elements a, b, c, you are going to to have to make changes, or explain to the examiner why a,b, c are different than the prior art a,b, and c. 

It sounds like you are the inventor, if so, you should call the patent examiner who examined your application, his name and number should be in the officed action.  examiners are usually very helpful with pro se applicants.  good luck!

[tkondaks]

Thanks for the response, blakesq.  That is what I will do: call the examiner.  I am assuming I am what you refer to as a "pro se applicant" which must mean "a non-expert representing himself!"  And, yes, I'm the inventor.