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I received a "Notice to File Missing Parts of Nonprovisonal Application".

It states: "A mailing address for each inventor has not been submitted. A new application data sheet (ADS) ... is required"

My original ADS stated the inventors' mailing addresses (I used the online ADS form on EFS Web which autogenerates a PDF ADS form). For whatever reason, the USPTO only picked up the last inventor's address (out of 3 inventors).

I called the USPTO today, and they said these errors sometimes happen.

The missing parts notice further states: “”" Replies must be received in the USPTO within the set time period or must include a proper Certificate of Mailing or Transmission under 37 CFR 1.8 with a mailing or tramission date within the set time period. For more information and a suggested format, see Form PTO/SB/92 and MPEP 512.

Replies should be mailed to:

Registered users of EFS-Web may alternatively submit their reply to this notice via EFS-Web, including a copy of this Notice and selecting the document description "Applicant response to Pre-Exam Formalities Notice”. “”"

How do I properly a reply on EFS-Web?

I'm thinking I write a short letter saying I've attached a new ADS (despite my old ADS having the mailing addresses of all inventors). I add a copy of the notice to that letter. Then, I upload that as one PDF file under the document description “Applicant response to Pre-Exam Formalities Notice”.

Then, I upload a new ADS under the Application Part -> Application Data Sheet category.

I’m not sure if I can or should upload a Certificate of Transmission as well. I’ve only found the one for mailing (PTO/SB/92) and facsimile transmission (PTO/SB/97), not one for EFS-Web if I understand correctly.

In MPEP 512, there is a sentence saying "The correspondence includes a certificate for each piece of correspondence stating the date of deposit or transmission.", which may imply I need a Certificate of Transmission for each uploaded part? That seems wrong, though.

Thanks!

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1 Answer 1

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Certificate of transmission is for things you mail in or fax in not for EFS web. In order to submit by EFS-web you need to be a registered user with a customer #, pki security file and password. Otherwise it is the mail or fax.

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Thanks! That's helpful. –  eex Jun 27 at 20:53
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