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!
