Can a requirement for information be made with a final rejection?
Generally, a requirement for information should not be made with or after a final rejection. The MPEP 704.11(b) states:
“Ordinarily, a request for information should not be made with or after a final rejection.”
This guideline exists because the reasonable necessity criteria for a requirement for information implies further action by the examiner. When a requirement for information is made, it should typically be in a non-final action, allowing the applicant’s reply to be considered and applied as appropriate.
However, there may be limited circumstances where a requirement for information can be made in an issued patent or abandoned application, usually as part of an ongoing proceeding such as reexamination or an attempt to revive an abandoned application.
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