Can a new Office action be made final when reopening prosecution after an appeal?
Yes, a new Office action containing a new ground of rejection can be made final when reopening prosecution after an appeal, but only under specific circumstances. According to MPEP 1207.04:
“The Office action containing a new ground of rejection may be made final if the new ground of rejection was (A) necessitated by amendment, or (B) based on information presented in an information disclosure statement under 37 CFR 1.97(c) where no statement under 37 CFR 1.97(e) was filed.”
Examiners should refer to MPEP § 706.07(a) for guidance on when an action can be made final.
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