Transfer Inquiry to GAU

Started by Weng Tianxiang, 06-09-18 at 06:23 AM

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Weng Tianxiang

Hi,

I have a non-provisional patent application pending on USPTO filed on 01/03/2018.

Here is the part of my application history:
06-06-2018  Transfer Inquiry to GAU
06-05-2018  Transfer Inquiry to GAU
05-21-2018  Transfer Inquiry to GAU
05-17-2018  Transfer Inquiry to GAU
05-07-2018  Transfer Inquiry to GAU

Here is the definition from USPTO:
Transfer inquiries can be initiated when a case has been docketed to an incorrect art unit or when an undocketed new case is assigned an incorrect classification.

I think nobody of this website users has experienced so many times of Transfer Inquiry to GAU for an application.

It has taken one month and 5 art unit inquiries and it still has not resolved which art unit should check my application.

This application is logically an improved version of my first 3 patents and factually a new invention which fills a gap left by the previous 3 patents.

What pity my application is!

Any insight?

snapshot

Transfers can take time and effort sometimes.  I've seen cases with more TIs than yours. Don't worry about it.

two banks of four

#2
Most often, this arises when you have somewhat disparate subject matters. 

For example, as I have a camera on my shelf, I'll use the example of lens system.  Your invention may be directed to a new lens system, and you have an independent claim directed the the inventive concept per se and other claims directed to items utilizing the system (say a camera body).  Depending on where the classifier (usually a contractor) thinks the inventive concept lies (e.g. arrangement of lens, particular physical attribute of lens, or perhaps special coating on lens substrate), your case may get routed to different AU.  People in either area may not want the application, as the dependent claims may contain subject matter with which they are not familiar (e.g. inventive concept directed to particular coating structure, but has dependent claims directed to shape of lenses and spacing of lenses).  In theory, the most comprehensive claim dictates where the app gets examined (so lens art unitper se, in this case), but if the coating involves too much material science, people in the lens AU may want to transfer it out.

Next, throw in a bit of complexity.  Perhaps you have claim directed to camera using the lens (say as another independent claim, though it really doesn't really matter here), and you have dependent therefrom another claim reciting limitation concerning a light sensor that adjusts camera aperture depending on light transmitted through the lens.  The lens examiner may say that this would be better examined in the camera arts, while the camera examiner may say that the inventive concept lies solely with the lens and not with any other part of the camera. 

Weng Tianxiang

Hi two banks of four,

Simply put, I invented A as first step, now I invent a system A + B, B is brand new invention and all my claims are directed to B.

(A + B) does not have the same classification as A?

snapshot

No, it isn't a guarantee. Especially if all your claims are directed to B and have nothing to do with A.

ConfusedIP

#5
Weng, your application is a like a hot potato and no AU wants to touch it ;)  It might have something to do with the claims... Fear not though, eventually it will be picked by the AU you least expected.

Weng Tianxiang

Hi ConfusedIP,

The comment "a hot potato" makes me laughing a lot!

It has 46 claims and I paid extra money for extra 26 claims.

My opinion, please pick the error up if I am wrong, is:
An examiner spends most of his/her time on examining the independent claims for patentability and little time on dependent claims for checking if those dependent claims have any wording errors.

Based on the idea, I don't think there is so called saying "a hot potato" in examiner circle.

"Fear not though, eventually it will be picked by the AU you least expected."

As an inventor I clearly know what I have invented, so I don't fear anything.

I don't know any AU or any AU's organization so I really don't care about which AU would pick my application and any AU's handling is equal to me.


Weng Tianxiang

Hi,

My pending application is finally settled down now:
06-26-2018  Close TI
06-26-2018  Case Docketed to Examiner in GAU
06-11-2018  Transfer Inquiry to GAU
06-06-2018  Transfer Inquiry to GAU
06-05-2018  Transfer Inquiry to GAU
05-21-2018  Transfer Inquiry to GAU
05-17-2018  Transfer Inquiry to GAU
05-07-2018  Transfer Inquiry to GAU

What does "Close TI" mean? I cannot find its meaning through googling.

Thank you.



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