What is the purpose of an action closing prosecution (ACP) in ex parte reexamination?

An action closing prosecution (ACP) in ex parte reexamination serves several important purposes:

  • It indicates that the examiner considers the claims to be in condition for rejection or allowance.
  • It provides a final opportunity for the patent owner to respond before a final rejection.
  • It allows the examiner to address all issues and set forth their position clearly.

According to MPEP 2260, “An action closing prosecution (ACP) is an Office action which closes the prosecution in the ex parte reexamination proceeding.” The ACP is a critical step in the reexamination process, preparing the way for either a final rejection or a notice of intent to issue an ex parte reexamination certificate (NIRC).

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2260 - Office Actions, Patent Law, Patent Procedure
Tags: Acp, Action Closing Prosecution, ex parte reexamination, patent examination