What is the difference between a first action final rejection and a regular final rejection?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A first action final rejection occurs when an examiner issues a final rejection in the first Office action of a continuing application, while a regular final rejection typically comes after at least one non-final rejection. The MPEP 706.07(b) states:

‘The first action final rejection procedure is not favored, although it may be appropriate in some situations.’

First action final rejections are used when all claims are either identical to or patentably indistinct from claims previously rejected in a parent application. Regular final rejections, on the other hand, are issued after the applicant has had an opportunity to respond to a non-final rejection.