What constitutes a proper reply to a final rejection to avoid abandonment of the application?

A proper reply to a final rejection can indeed take multiple forms, and each of the choices listed serves to maintain the application and avoid abandonment.

When an application receives a final rejection from the United States Patent and Trademark Office (USPTO), the applicant must respond appropriately within a set timeframe to keep the application active. An amendment complying with the regulations outlined in 37 CFR 1.116 can be an effective way to address the issues raised in the final rejection. This allows the applicant to make changes to the claims or specification to overcome the rejection.

Additionally, a Notice of Appeal is a valid response. By filing a Notice of Appeal, the applicant indicates their intention to appeal the final rejection to the Patent Trial and Appeal Board (PTAB). This procedural action allows the applicant to challenge the decision made by the examiner.

A request for continued examination (RCE) is another acceptable method. Filing an RCE enables the applicant to continue the examination process without having to appeal. It allows for further examination of the application, where the applicant can adjust claims or provide additional arguments in response to the final rejection.

Since all these options are legitimate avenues to avoid abandonment of the application after a final rejection, choosing the broad answer that encompasses all possible proper replies is