Form PTO/SB/434 "Certification and Request for Consideration Under the After Final Consideration Pilot Program 2.0"

What Is Form PTO/SB/434?

This is a legal form that was released by the U.S. Department of Commerce - Patent and Trademark Office on May 1, 2013 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

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Doc Code: A.NE.AFCP
Document Description: After Final Consideration Pilot Program Request
PTO/SB/434 (05‐13)
CERTIFICATION AND REQUEST FOR CONSIDERATION UNDER THE
AFTER FINAL CONSIDERATION PILOT PROGRAM 2.0
Practitioner Docket No.:
Application No.:
Filing Date:
First Named Inventor:
Title:
APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS CONSIDERATION UNDER THE AFTER FINAL CONSIDERATION PILOT
PROGRAM 2.0 (AFCP 2.0) OF THE ACCOMPANYING RESPONSE UNDER 37 CFR 1.116.
1.
The above‐identified application is (i) an original utility, plant, or design nonprovisional application filed under
35 U.S.C. 111(a) [a continuing application (e.g., a continuation or divisional application) is filed under 35 U.S.C. 111(a) and is
eligible under (i)], or (ii) an international application that has entered the national stage in compliance with 35 U.S.C. 371(c).
2.
The above‐identified application contains an outstanding final rejection.
3.
Submitted herewith is a response under 37 CFR 1.116 to the outstanding final rejection. The response includes an
amendment to at least one independent claim, and the amendment does not broaden the scope of the independent claim in
any aspect.
4.
This certification and request for consideration under AFCP 2.0 is the only AFCP 2.0 certification and request filed in
response to the outstanding final rejection.
5.
Applicant is willing and available to participate in any interview requested by the examiner concerning the present response.
6.
This certification and request is being filed electronically using the Office’s electronic filing system (EFS‐Web).
7.
Any fees that would be necessary consistent with current practice concerning responses after final rejection under 37 CFR
1.116, e.g., extension of time fees, are being concurrently filed herewith. [There is no additional fee required to request
consideration under AFCP 2.0.]
8.
By filing this certification and request, applicant acknowledges the following:
Reissue applications and reexamination proceedings are not eligible to participate in AFCP 2.0.
The examiner will verify that the AFCP 2.0 submission is compliant, i.e., that the requirements of the program have been met
(see items 1 to 7 above). For compliant submissions:
o
The examiner will review the response under 37 CFR 1.116 to determine if additional search and/or consideration
(i) is necessitated by the amendment and (ii) could be completed within the time allotted under AFCP 2.0. If
additional search and/or consideration is required but cannot be completed within the allotted time, the examiner
will process the submission consistent with current practice concerning responses after final rejection under
37 CFR 1.116, e.g., by mailing an advisory action.
o
If the examiner determines that the amendment does not necessitate additional search and/or consideration, or if
the examiner determines that additional search and/or consideration is required and could be completed within
the allotted time, then the examiner will consider whether the amendment places the application in condition for
allowance (after completing the additional search and/or consideration, if required). If the examiner determines
that the amendment does not place the application in condition for allowance, then the examiner will contact the
applicant and request an interview.
The interview will be conducted by the examiner, and if the examiner does not have negotiation
authority, a primary examiner and/or supervisory patent examiner will also participate.
If the applicant declines the interview, or if the interview cannot be scheduled within ten (10) calendar
days from the date that the examiner first contacts the applicant, then the examiner will proceed
consistent with current practice concerning responses after final rejection under 37 CFR 1.116.
Signature
Date
Name
Practitioner
(Print/Typed)
Registration No.
Note: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4(d) for signature requirements and certifications. Submit multiple
forms if more than one signature is required, see below*.
* Total of ________ forms are submitted.
 
  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
       
 
 
   
 
 
 
 
  
 
 
 
   
 
 
   
   
 
   
 
   
 
 
   
 
 
 
   
   
 
 
 
 
 
 
 
   
 
   
 
 
 
 
 
 
   
 
 
 
 
 
     
 
   
 
   
 
 
 
 
 
 
   
 
     
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
   
 
   
 
 
 
 
 
   
 
 
   
   
 
 
   
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
   
 
 
 
 
 
 
 
     
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
   
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
   
 
 
 
 
 
 
       
 
 
 
 
 
 
 
 
 
 
   
 
   
   
 
 
 
 
   
   
 
 
 
 
   
 
 
 
 
 
 
 
   
 
 
 
   
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
     
 
 
 
 
 
 
 
   
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
   
   
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
   
   
 
 
   
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
     
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
  
 
 
   
   
 
   
 
 
   
 
 
 
 
 
 
 
 
 
   
 
 
 
   
 
 
 
            
   
 
 
 
 
Doc Code: A.NE.AFCP
Document Description: After Final Consideration Pilot Program Request
PTO/SB/434 (05‐13)
CERTIFICATION AND REQUEST FOR CONSIDERATION UNDER THE
AFTER FINAL CONSIDERATION PILOT PROGRAM 2.0
Practitioner Docket No.:
Application No.:
Filing Date:
First Named Inventor:
Title:
APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS CONSIDERATION UNDER THE AFTER FINAL CONSIDERATION PILOT
PROGRAM 2.0 (AFCP 2.0) OF THE ACCOMPANYING RESPONSE UNDER 37 CFR 1.116.
1.
The above‐identified application is (i) an original utility, plant, or design nonprovisional application filed under
35 U.S.C. 111(a) [a continuing application (e.g., a continuation or divisional application) is filed under 35 U.S.C. 111(a) and is
eligible under (i)], or (ii) an international application that has entered the national stage in compliance with 35 U.S.C. 371(c).
2.
The above‐identified application contains an outstanding final rejection.
3.
Submitted herewith is a response under 37 CFR 1.116 to the outstanding final rejection. The response includes an
amendment to at least one independent claim, and the amendment does not broaden the scope of the independent claim in
any aspect.
4.
This certification and request for consideration under AFCP 2.0 is the only AFCP 2.0 certification and request filed in
response to the outstanding final rejection.
5.
Applicant is willing and available to participate in any interview requested by the examiner concerning the present response.
6.
This certification and request is being filed electronically using the Office’s electronic filing system (EFS‐Web).
7.
Any fees that would be necessary consistent with current practice concerning responses after final rejection under 37 CFR
1.116, e.g., extension of time fees, are being concurrently filed herewith. [There is no additional fee required to request
consideration under AFCP 2.0.]
8.
By filing this certification and request, applicant acknowledges the following:
Reissue applications and reexamination proceedings are not eligible to participate in AFCP 2.0.
The examiner will verify that the AFCP 2.0 submission is compliant, i.e., that the requirements of the program have been met
(see items 1 to 7 above). For compliant submissions:
o
The examiner will review the response under 37 CFR 1.116 to determine if additional search and/or consideration
(i) is necessitated by the amendment and (ii) could be completed within the time allotted under AFCP 2.0. If
additional search and/or consideration is required but cannot be completed within the allotted time, the examiner
will process the submission consistent with current practice concerning responses after final rejection under
37 CFR 1.116, e.g., by mailing an advisory action.
o
If the examiner determines that the amendment does not necessitate additional search and/or consideration, or if
the examiner determines that additional search and/or consideration is required and could be completed within
the allotted time, then the examiner will consider whether the amendment places the application in condition for
allowance (after completing the additional search and/or consideration, if required). If the examiner determines
that the amendment does not place the application in condition for allowance, then the examiner will contact the
applicant and request an interview.
The interview will be conducted by the examiner, and if the examiner does not have negotiation
authority, a primary examiner and/or supervisory patent examiner will also participate.
If the applicant declines the interview, or if the interview cannot be scheduled within ten (10) calendar
days from the date that the examiner first contacts the applicant, then the examiner will proceed
consistent with current practice concerning responses after final rejection under 37 CFR 1.116.
Signature
Date
Name
Practitioner
(Print/Typed)
Registration No.
Note: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4(d) for signature requirements and certifications. Submit multiple
forms if more than one signature is required, see below*.
* Total of ________ forms are submitted.
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submission of the attached form related to a patent application or patent.
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of proceedings or abandonment of the application or expiration of the patent.
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