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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner’s First Ex Parte Action Establishes Issues in Reexamination MPEP 2260 Patent Owner Must File Statement and Amendment Before First Action MPEP 2260 Permitted Cautionary Statement for First Office Action MPEP 2260 Issues Must Be Clearly Defined In First Ex Parte Action MPEP 2260 Recommended Caution for Complete Response After First Action MPEP 2260 Recommended Amendments Must Show Reasons for Delayed Presentation After Final Action MPEP 2260 Required Form Paragraph for Office Action Prior to Allowance MPEP 1302.14 Form Paragraph 22.05 May Be Used in Office Action MPEP 2285 Permitted Use Form Paragraph 13.03 in Notice of Allowability MPEP 1302.14 Examiner Must Add Form Paragraph 4.03 in Office Actions After Practitioner Death MPEP 406 Recommended Other Related FAQs 5 FAQs Collapse How does 37 CFR 1.104 apply to reexamination proceedings? How does the examiner determine whether to issue an ACP or a final rejection in ex...