Non-final action pending mailing
Status 640 means the examining attorney has prepared a non-final Office Action but it has not been mailed or e-mailed yet. The action should appear in TSDR soon, and a response deadline will start once it is issued.
Updated September 2, 2026 · Reviewed by CopyMark Law Group
- Official USPTO wording
- NON-FINAL ACTION COUNTED — NOT MAILED
- Also recorded as
- 640
- Typical next step
- Check TSDR daily until the office action appears in the Documents tab, then read it carefully and calendar the response deadline.
- Typical deadline
- The response clock typically starts when the action is mailed (status 641), not while at 640.
What this means
An office action is imminent. The examiner has completed review and drafted objections or requirements. Watch TSDR for the mailed action (often status 641).
What usually happens next
Check TSDR daily until the office action appears in the Documents tab, then read it carefully and calendar the response deadline.
The response clock typically starts when the action is mailed (status 641), not while at 640.
Related codes
Related CopyMark guides
Frequently asked questions
Should I respond while status is still 640?
No. Wait until the Office Action is actually issued and you can read the specific objections and deadline.