How are replies after final processed and considered by the USPTO?

The USPTO has specific guidelines for processing and considering replies after a final rejection, as outlined in MPEP 706.07(f):

1. “Replies after final should be processed and considered promptly by all Office personnel.” This emphasizes the importance of timely handling of these responses.
2. “Replies after final should not be considered by the examiner unless they are filed within the SSP or are accompanied by a petition for an extension of time and the appropriate fee (37 CFR 1.17 and 37 CFR 1.136(a)).” This applies to both initial replies and supplemental replies.
3. If a reply after final places the application in condition for allowance, it should be processed as such, and no extension fees are due.
4. If the reply nearly places the application in condition for allowance, except for minor formal matters, the examiner can make the necessary changes and process it as an allowance.
5. If the reply does not place the application in condition for allowance, an advisory action will be issued.

It’s important to note that if prosecution is to be reopened after a reply to a final Office action, “the finality of the previous Office action should be withdrawn to avoid the issue of abandonment and the payment of extension fees.”

To learn more:

• Replies After Final
• Patent Examination
• Final Rejection
• USPTO Procedures