It is common to have claims rejected. In response to a claim rejection, you may 1) argue reasons why the claim should not have been rejected, 2) amend the claim and/or argue based on the amended claim, and/or 3) draft (a) new claim(s). There are many other strategies as well, they are too numerous or complex to list here. It sounds as if you are not experienced in patent prosecution. If the prospective patent rights appear to be valuable and you can afford to hire an experienced patent attorney who has a background in your subject area, you should definitely do so. Having an attorney can easily make the difference between obtaining a patent or not, as well as having claims that will be valuable and enforceable. I strongly recommend selecting an attorney based on the attorney's understanding and proficiency in your subject matter and prosecution experience, rather than looking for the lowest rate. The attorney's skill and knowledge can have a huge impact on the end result.
Answered on Apr 10th, 2015 at 4:47 PM