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CERTIFICATION AND REQUEST FOR CONSIDERATION UNDER THE AFTER (USPTO)

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Doc Code: A.NE.AFCP
Document Description: After Final Consideration Pilot Program Request
PTO/SB/434 (12-20)
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
Practitioner Registration No.
Name (Print/Typed)
Telephone Number
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.
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. Accordingly, pursuant to the
requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission
related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and
Trademark Office may not be able to process and/or examine your submission, which may result in termination
of proceedings or abandonment of the application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records
may be disclosed to the Department of Justice to determine whether disclosure of these records is
required by the Freedom of Information Act.
2. A record from this system of records may be disclosed, as a routine use, in the course of presenting
evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in
the course of settlement negotiations.
3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress
submitting a request involving an individual, to whom the record pertains, when the individual has
requested assistance from the Member with respect to the subject matter of the record.
4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency
having need for the information in order to perform a contract. Recipients of information shall be required
to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
5. A record related to an International Application filed under the Patent Cooperation Treaty in this system
of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual
Property Organization, pursuant to the Patent Cooperation Treaty.
6. A record in this system of records may be disclosed, as a routine use, to another federal agency for
purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act
(42 U.S.C. 218(c)).
7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s
responsibility to recommend improvements in records management practices and programs, under
authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA
regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or
Commerce) directive. Such disclosure shall not be used to make determinations about individuals.
8. A record from this system of records may be disclosed, as a routine use, to the public after either
publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C.
151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to
the public if the record was filed in an application which became abandoned or in which the proceedings
were terminated and which application is referenced by either a published application, an application
open to public inspection or an issued patent.
9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
regulation.
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CERTIFICATION AND REQUEST FOR CONSIDERATION UNDER THE AFTER (USPTO)

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Completed 17 July 2021

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