Form Pto/sb/30 - Request For Continued Examination (Rce) Transmittal Page 2
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3PTO/SB/30 (07-09)
Approved for use through 07/31/2012. OMB 0651-0031
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
Instruction Sheet for RCEs
(not to be submitted to the USPTO)
NOTES:
An RCE is not a new application, and filing an RCE will not result in an application being accorded a new filing
date.
Filing Qualifications:
The appli cation must be a utility or plant application f iled on or after June 8, 1995. The app lication c annot be a provisional
application, a utility or plant application filed before J une 8, 1995, a design application, or a patent under reexamination. See
37 CFR 1.114(e).
Filing Requirements:
Prosecution in the application must be closed. Prosecution is closed if the applicat ion is under appeal, or the last Office
action is a final action, a notice of allowance, or an action that otherwise closes prosecution in the application (e.g., an Office
action under Ex parte Quayle). See 37 CFR 1.114(b).
A submission and a fee are required at the time the RCE is filed. If reply to an Office action under 35 U.S.C. 132 is
outstanding (e.g., the application is under final rejection), the submission must meet the reply requirements of 37 CFR 1.111. If
there is no outstanding Office action, the submission can be an information disclosure statement, an amendment, new
arguments, or new evidence. See 37 CFR 1.114(c). The submission may be a previously filed amendment ( e.g., an
amendment after final rejection).
WARNINGS:
Request for Suspension of Action:
All RCE filing requirements m ust be met before suspension of action is granted. A request for a suspension of
action under 37 C FR 1.103(c) does not satisfy the submission requirement and does not permit the filing of the
required submission to be suspended.
Improper RCE will NOT toll Any Time Period:
Before Appeal - If the RCE is improper (e.g., prosecution in the application is not c losed or the subm ission or
fee has not been filed) and the application is not under appeal, the time period set f orth in the last Off ice action
will continue to run and the application will be abandoned after the statutory time period has expired if a reply to
the Office action is not timely filed. No additional time will be given to correct the improper RCE.
Under Appeal - If the RCE is improper (e.g., the submission or the fee has not been filed) and the application is
under appeal, the improper RCE is effective to withdraw the appeal. Withdrawal of the appeal results in the
allowance or abandonment of the application depending on the status of the clai ms. If there are no allowed
claims, the application is abandoned. If there is at least one allowed claim, the application will be passed to issue
on the allowed claim(s). See MPEP 1215.01.
See MPEP 706.07(h) for further information on the RCE practice.
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