The USPTO announced the updated After Final Consideration Pilot 2.0 which expands the abilities of patent applicants to work with USPTO Examiners after a Final Office Action has been received. To participate in the After Final Consideration Pilot 2.0, after receiving a Final Office Action, patent applicants simply need to file a response that includes:
- Transmittal Form. A transmittal form, such as form PTO/SB/434, that identifies the submission as an AFCP 2.0 submission and requests consideration under AFCP 2.0;
- Non-Broadening Amendment to Independent Claim. A response that includes an amendment to at least one independent claim that does not broaden the scope of the independent claim in any aspect; and
- Availability Statement. A statement that the applicant is willing and available to participate in any interview initiated by the examiner concerning the accompanying response.
You can request the AFCP 2.0 with any response to a final rejection filed after May 18, 2013 and up to September 30, 2013. Hopefully the USPTO will implement a permanent version of this program after the AFCP 2.0 which has been successful in helping expedited prosecution of patent applications.
Government Information About the AFCP 2.0