Can an examiner make a requirement for information after a final Office action?
Can an examiner make a requirement for information after a final Office action?
Yes, an examiner can make a requirement for information after a final Office action, but with certain limitations. According to MPEP 704.10:
“A requirement for information made after a final rejection must be accompanied by a showing on the part of the examiner of why the requirement was not made earlier, and why it is necessary to obtain the information at that time.”
This means that the examiner must provide justification for not requesting the information earlier and explain why it is crucial to obtain the information at this late stage. The requirement should be limited to information that is necessary for the proper examination of the application.
It’s important to note that such a requirement does not automatically reopen prosecution or extend the time for reply to the final Office action. Applicants should carefully consider their response options in this situation.
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