I disclosed a transparency printed with an image in original application. After the first O.A., I amended the claim as a transparency printed with an image by a laser printer. The examiner issued the final rejection based on the new matter added: the laser printer. What should I do now, the divisional application, CIP or RCE to keep my application alive and finally get my patent on transparency printed by a laser printer? Thanks a lot for your help!Feng
State/Country relating to question: Maryland
I hope this message finds you well. The first thing you need to realize in dealing with the US Patent Office is that they are not allowing many applications and when they do, ti is normally after much struggle on the part of the applicant.
From your brief details, I would suggest filing a request for continued examination which leaves you with the option to later file for a CIP or file an appeal. Only file the RCE if you really feel like you can persuade the examiner over your previous arguments. So many examiners right now are using obviousness rejections as an impenetrable shield to allowance of applications. It may be near impossible to get it by the examiner and you may end up having to file an appeal to get fresh eyes on the application and continue your "patent pending" status.
In short, I would recommend the RCE and then perhaps a CIP or appeal. Obviously, they don't allow you to file for free, so you should do a honest cost/benefit analysis as to what your reward will be versus what you are investing. At this juncture, the idea is to keep it alive in some form to avoid abandonment and keep your patent pending status.
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