Are the dates of filing requirements inclusive or exclusive?

[jv_]

I'm an inventor and must file a response while in between consul.  I am not worried about the substance of the response, but have a question about the inclusivity of the filing's deadline. 

If a mailing date was the "10th of Month A" what constitutes a one-month reply window? Must the response be filed on or before the "9th of Month B", or can a response be filed on the "10th of Month B"?

[two banks of four]

"10th of Month B", unless if that date happens to be a weekend or a federal holiday, in which case it gets moved to the next working day. 

[jv_]

Thank you so much. I was hoping it was the 10th (not real date, just an example), because it grabs a few extra days from the weekend/holiday rule.

[Rabid Levity]

Thank you so much. I was hoping it was the 10th (not real date, just an example), because it grabs a few extra days from the weekend/holiday rule.

Note that on occasion, intake at the PTO would sometimes fail to notice that a filing on Monday the 12th of October was in compliance with an office action stating a time for reply of 1 month from an office action dated September 10th.  This could create a hassle where you'd have to take the necessary steps to prove timeliness.

Some practitioners (everywhere I've worked, although a small sample) make a statement like the below on their responses in hopes of avoiding any confusion:

"The Office Action dated September 10th, 2020 stated a time for reply of one month.  Therefore Applicant asserts this reply is timely filed on Monday, October 12, 2020."

Actually, this year it would be:

  "The Office Action dated September 10th, 2020 stated a time for reply of one month.  Therefore Applicant asserts this reply is timely filed on Tuesday, October 13, 2020, due to the deadline falling on a Saturday and due to the Federal Holiday on Monday, October 12."