Non-Final Office Action [Rejection] Law and Legal Definition

Non-final Office action is an Office action made by the examiner where the applicant is entitled to reply and request reconsideration or further examination, with or without making an amendment. The examiner is required to make a thorough study of the application and of the available prior art relating to the subject matter of the claimed invention before taking up an application for examination or a patent in a reexamination proceeding. This examination should be complete with respect to:

1. Compliance of the application or patent under reexamination with the applicable statutes and rules;

2. The patentability of the invention according to the claim; and

3. Matters of form, unless otherwise indicated.