NSC NIW RFE help pls

N

NIW2005RFE

Registered Users (C)
folks, my RFE is tough. it asked me to:
1. Provide documentation that nay of your research or other initiatives have become accepted as an industry standard and that you have been credited for the development.
2. Other than research grant, travel grants, scholarships, and/or fellowships, provide evidence of significant awards that you have received as a result of your individual efforts, i.e., Nobel, Burger, etc. Awards should be accompanies by evidence that establishes reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.

for the first one, i have a patent but it has not been published yet. so there is no way it can be accepted as an industrial standard. and even it is published i dont think this will happen either.

for the second one, unfortunately i have no awards other than scholarship.

so i cannot supply any materials for these two requirements. do you guys think i will be denied? is there anything i can do about this two RFE?

thanks a lot.

My qualification:
8 journal papers and total about 40 citations, 4 conference posters, 1 patent, 3 academic honoar societies, 1 professional member, originally 8 ref. letters and asked 10 more for RFE. regular referee for one professional journal and one more paper review request recently. email request for clearing confusions in my field from a German research institute. 3 more citations recently, one more paper in preparation.

anyelse i can do? folks, pls help and comment
 
come on folks. pls give some suggestions. i need your help..

NIW2005RFE said:
folks, my RFE is tough. it asked me to:
1. Provide documentation that nay of your research or other initiatives have become accepted as an industry standard and that you have been credited for the development.
2. Other than research grant, travel grants, scholarships, and/or fellowships, provide evidence of significant awards that you have received as a result of your individual efforts, i.e., Nobel, Burger, etc. Awards should be accompanies by evidence that establishes reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.

for the first one, i have a patent but it has not been published yet. so there is no way it can be accepted as an industrial standard. and even it is published i dont think this will happen either.

for the second one, unfortunately i have no awards other than scholarship.

so i cannot supply any materials for these two requirements. do you guys think i will be denied? is there anything i can do about this two RFE?

thanks a lot.

My qualification:
8 journal papers and total about 40 citations, 4 conference posters, 1 patent, 3 academic honoar societies, 1 professional member, originally 8 ref. letters and asked 10 more for RFE. regular referee for one professional journal and one more paper review request recently. email request for clearing confusions in my field from a German research institute. 3 more citations recently, one more paper in preparation.

anyelse i can do? folks, pls help and comment
Click to expand...
 
NIW2005RFE said:
folks, my RFE is tough. it asked me to:
1. Provide documentation that nay of your research or other initiatives have become accepted as an industry standard and that you have been credited for the development.
2. Other than research grant, travel grants, scholarships, and/or fellowships, provide evidence of significant awards that you have received as a result of your individual efforts, i.e., Nobel, Burger, etc. Awards should be accompanies by evidence that establishes reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.

for the first one, i have a patent but it has not been published yet. so there is no way it can be accepted as an industrial standard. and even it is published i dont think this will happen either.

for the second one, unfortunately i have no awards other than scholarship.

so i cannot supply any materials for these two requirements. do you guys think i will be denied? is there anything i can do about this two RFE?

thanks a lot.

My qualification:
8 journal papers and total about 40 citations, 4 conference posters, 1 patent, 3 academic honoar societies, 1 professional member, originally 8 ref. letters and asked 10 more for RFE. regular referee for one professional journal and one more paper review request recently. email request for clearing confusions in my field from a German research institute. 3 more citations recently, one more paper in preparation.

anyelse i can do? folks, pls help and comment
Click to expand...

for the first one, i have a patent but it has not been published yet. so there is no way it can be accepted as an industrial standard. and even it is published i dont think this will happen either.

This one is tough (and also ridiculous in my opionion). Try to get a few letters from outside your immediate circle that describe the merits of the patent that you have applied for. Also, get them to give you credit for the work you did and mention that in the letter.

I am not sure of the second one though. I dont think it is absolutely necessary.
 
thanks, trojanblue.

i sent all my materials to my lawyer already, but she has been sitting there for two weeks and nothing happened yet.

i saw your post and your qualification. it should be fine. by the way, when did you get your RFE? when did you submitted your original petition?

NIW2005RFE

trojanblue said:
for the first one, i have a patent but it has not been published yet. so there is no way it can be accepted as an industrial standard. and even it is published i dont think this will happen either.

This one is tough (and also ridiculous in my opionion). Try to get a few letters from outside your immediate circle that describe the merits of the patent that you have applied for. Also, get them to give you credit for the work you did and mention that in the letter.

I am not sure of the second one though. I dont think it is absolutely necessary.
Click to expand...
 
Last edited by a moderator:
NIW2005RFE said:
thanks, trojanblue.

i sent all my materials to my lawyer already, but she has been sitting there for two weeks and nothing happened yet.

i saw your post and your qualification. it should be fine. by the way, when did you get your RFE? when did you submitted your original petition?

NIW2005RFE
Click to expand...

I got my RFE in June. Started gathering materials and sent it to my attorney in July. Sat there for 3 weeks with nothing happening. The reply was made only in the last two weeks. It was sent to NSC a few days ago.

My ND was 01/30/2004

trojanblue
 
thanks for the info. i got my RFE in June too. good luck for your case. keep us posted about your progress.....

NIW2005RFE

trojanblue said:
I got my RFE in June. Started gathering materials and sent it to my attorney in July. Sat there for 3 weeks with nothing happening. The reply was made only in the last two weeks. It was sent to NSC a few days ago.

My ND was 01/30/2004

trojanblue
Click to expand...
 
NIW2005RFE said:
thanks for the info. i got my RFE in June too. good luck for your case. keep us posted about your progress.....

NIW2005RFE
Click to expand...

I will. The point I have realised is that the attorneys don't really think about replying to RFE or start working on it until they really have to. This is where I probably made the mistake. I should perhaps not have relied on my attorney the extent I did.

I'll give you a simple example: I have a US patent awarded that my company puts to use. Now, an International patent was also awarded for that work (for a slightly modified title and contents). If I had spent some extra time on European patent office website, I could have found out easily that this patent belongs to a patent family and that 5 applications were made and all approved. In other words the patent appliction was approved for US, International, European, Japanese and one other. My lawyer instead didn't bother to do much. Her argument being, lets just show the international patent (since international covers everything) and write one paragraph that the patent is so critical that my company was not just satisfied with the US patent but infact applied and got an International patent. Maybe she is right. But I would have shown all patent approvals (5 of them!) and show how good it is.

Just a few thoughts...

goodluck with your case...

trojanblue
 
good point. no body cares your own case more than yourself!! i had similar experience.

by the way, how do you check your patent if it is not published yet? i got a docket number from the law office but cannot seem to find it anywhere. we applied for US, international, European, Jap too...

trojanblue said:
I will. The point I have realised is that the attorneys don't really think about replying to RFE or start working on it until they really have to. This is where I probably made the mistake. I should perhaps not have relied on my attorney the extent I did.

I'll give you a simple example: I have a US patent awarded that my company puts to use. Now, an International patent was also awarded for that work (for a slightly modified title and contents). If I had spent some extra time on European patent office website, I could have found out easily that this patent belongs to a patent family and that 5 applications were made and all approved. In other words the patent appliction was approved for US, International, European, Japanese and one other. My lawyer instead didn't bother to do much. Her argument being, lets just show the international patent (since international covers everything) and write one paragraph that the patent is so critical that my company was not just satisfied with the US patent but infact applied and got an International patent. Maybe she is right. But I would have shown all patent approvals (5 of them!) and show how good it is.

Just a few thoughts...

goodluck with your case...

trojanblue
Click to expand...
 
NIW2005RFE said:
good point. no body cares your own case more than yourself!! i had similar experience.

by the way, how do you check your patent if it is not published yet? i got a docket number from the law office but cannot seem to find it anywhere. we applied for US, international, European, Jap too...
Click to expand...

First the US Patent:

Go to: http://www.uspto.gov/
Then, on the left side, click on search: http://www.uspto.gov/patft/index.html

On the right side, click on published applications:
http://appft1.uspto.gov/netahtml/PTO/search-bool.html

Type your name and you should get it.

For International, European etc, you should go to:

http://ep.espacenet.com/search97cgi/s97_cgi.exe?Action=FormGen&Template=ep/EN/home.hts

Then, on the right side, click on quick search and follow the links.

Hope this helps...

trojanblue

ps: If your attorney has just submitted it, you may not be able to find it. If it has already been submitted and is lying the patent office, you might be able to find it under published applications.
 
thanks dude. found it....

trojanblue said:
First the US Patent:

Go to: http://www.uspto.gov/
Then, on the left side, click on search: http://www.uspto.gov/patft/index.html

On the right side, click on published applications:
http://appft1.uspto.gov/netahtml/PTO/search-bool.html

Type your name and you should get it.

For International, European etc, you should go to:

http://ep.espacenet.com/search97cgi/s97_cgi.exe?Action=FormGen&Template=ep/EN/home.hts

Then, on the right side, click on quick search and follow the links.

Hope this helps...

trojanblue

ps: If your attorney has just submitted it, you may not be able to find it. If it has already been submitted and is lying the patent office, you might be able to find it under published applications.
Click to expand...
 
I got the same RFE

I got exactly the same RFE as yours, What did you response??? Thank you!

1. Provide documentation that nay of your research or other initiatives have become accepted as an industry standard and that you have been credited for the development.
2. Other than research grant, travel grants, scholarships, and/or fellowships, provide evidence of significant awards that you have received as a result of your individual efforts, i.e., Nobel, Burger, etc. Awards should be accompanies by evidence that establishes reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.
 
pw752bix said:
I got exactly the same RFE as yours, What did you response??? Thank you!

1. Provide documentation that nay of your research or other initiatives have become accepted as an industry standard and that you have been credited for the development.
2. Other than research grant, travel grants, scholarships, and/or fellowships, provide evidence of significant awards that you have received as a result of your individual efforts, i.e., Nobel, Burger, etc. Awards should be accompanies by evidence that establishes reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.
Click to expand...

Actually, my RFE was a standard 1.5 page cut 'n paste RFE. They didn't ask me what they asked you. Guess I had a pretty decent CIS rep! BTW, does the person who reviewed your petition and sent you RFE also review your response?

Anyways, for your questions:

1. I showed my patents, pulled out my ex-companies website that advertises the products and its advantages. I linked those advantages to my patents. Secondly, I got three letters from outside guys to talk of the merits of my patents and one of them even claimed in the letter that my ex-company had commercialised it.

1A. On the issue of being credited, I got letters that mentioned that "...Dr. XXX is credited with the development....and the products are being sold in XXX industry" "I understand that XXX company is marketing its products with attachments developed by Dr. XXX"

2. I wasnt questioned about this. I had a conference award. I also presented a letter from the president of the conference. The letter mentioned that with this award, the society had recognized me to be "an outstanding young researcher"......"we are very happy that you could come and present your award winning paper"

This letter was written by a very senior researcher in NIST (National Institute for Standards and Technology).

Dont know how useful this award is for NIW but it cant hurt.

trojanblue
 
I got exactly the same RFE as yours, how did you response??? Thank you!

NIW2005RFE said:
folks, my RFE is tough. it asked me to:
1. Provide documentation that nay of your research or other initiatives have become accepted as an industry standard and that you have been credited for the development.
2. Other than research grant, travel grants, scholarships, and/or fellowships, provide evidence of significant awards that you have received as a result of your individual efforts, i.e., Nobel, Burger, etc. Awards should be accompanies by evidence that establishes reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.

for the first one, i have a patent but it has not been published yet. so there is no way it can be accepted as an industrial standard. and even it is published i dont think this will happen either.

for the second one, unfortunately i have no awards other than scholarship.

so i cannot supply any materials for these two requirements. do you guys think i will be denied? is there anything i can do about this two RFE?

thanks a lot.

My qualification:
8 journal papers and total about 40 citations, 4 conference posters, 1 patent, 3 academic honoar societies, 1 professional member, originally 8 ref. letters and asked 10 more for RFE. regular referee for one professional journal and one more paper review request recently. email request for clearing confusions in my field from a German research institute. 3 more citations recently, one more paper in preparation.

anyelse i can do? folks, pls help and comment
Click to expand...
 
hi pw752bix

my patent just got published. i also got a proposal proved and i am the principal investigator. that's all i can do at this moment. maybe more independent letters will help.

how about you?

NIW in NSC is indeed very tough....

 
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