Disagreements between Examiners and applicants that cannot be resolved by negotiation are resolved at a higher level in the USPTO. Two procedures are used: appeals and petitions. The petition procedure is used to resolve all issues that do not concern the rejection of claims by the Examiner (e.g., an objection to the form of a claim). In general, a petition will be accepted by the Commissioner only after an applicant has requested that the Examiner reconsider his/her decision. In all but a few cases, a petition to the Commissioner must be filed within 2 months of the mailing date of the Office action complained of, which may be either a non-final Office action or a final Office action.
Law - General Petition to the Commissioner