How does the examiner determine whether to issue an ACP or a final rejection in ex parte reexamination?

The examiner’s decision to issue an Action Closing Prosecution (ACP) or a final rejection in ex parte reexamination depends on specific criteria outlined in the MPEP. According to MPEP 2260:

“If the patent owner’s response overcomes all rejections and objections, a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) should be issued. If the patent owner’s response does not overcome all rejections and objections, the examiner will issue an ACP.”

The examiner considers the following factors:

• The completeness and persuasiveness of the patent owner’s response
• Whether all rejections and objections have been addressed
• The presence of any new issues or evidence

If the examiner believes that prosecution should be closed, they will issue an ACP. If further clarification or amendments are needed, they may issue another non-final Office action instead.

To learn more:

• ACP
• final rejection
• ex parte reexamination
• patent examination
• NIRC