In our last post (here), there was a lot of interest regarding the USPTO’s denial of the existence of Section 101 Experts. We are continuing to press the USPTO and will follow up on our FOIA request, and will provide updates as they become available.

Additionally, many readers who are former examiners provided interesting feedback on some other aspects of 101 examination at the USPTO that are not common knowledge (and which appear nowhere on the USPTO website). One such item of discussion was the 101 Help Desk. That’s right, some art units have had, for a very long time (a decade or more), a 101 Help Desk. We do not know officially who operates the help desk and provides answers, as it seems the USPTO would deny that 101 experts are involved.

Evidence of the 101 Help desk can actually be found in an unsuspecting place (special thanks to a former examiner who pointed this out). Specifically, sometimes examiners reference it explicitly in their examiner search notes.

The examiner search notes are kept in a document that becomes part of the Image File Wrapper (IFW), available in Patent Center. MPEP 904 references the examiner search notes:

In the first action on the merits of an application, the examiner must complete the Image File Wrapper (IFW) search notes form to include the classification locations of domestic and foreign patents, abstract collections, and publications in which the search for prior art was made. Other information collections and sources in which the search for prior art was made must also be identified by the examiner. The examiner must also indicate the date(s) on which the search was conducted. Note MPEP § 719.05.

In subsequent actions, where the search is brought up-to-date and/or where a further search is made, the examiner must indicate on the IFW search notes form that the search has been updated and/or identify the additional field(s) of search. See MPEP § 719.05. Any search updates should include all of the relevant or pertinent databases and the search queries and classifications employed in the original search.

In Patent Center, these search notes are often labeled as “Search information including classification, databases and other search related notes” and “Examiner’s search strategy and result.”

Below is an example (redacted to remove examiner names/initials) from Patent Center:

As you can see, the examiner consulted the “101 Helpdesk” regarding a rejection under 101.

Are 101 experts operating the helpdesk? Does every technology center have their own 101 helpdesk, or even have a 101 helpdesk? Again, we hope to find out more information from the USPTO and will continue probing.

Whether or not having such helpdesks is a good idea, there should be transparency as to their existence, and who dispenses the “help” to examiners to ensure that they are indeed “helpful.”

Stay tuned for more as we keep pressing.