What is the recommended action if additional evidence is needed for an RCE?

In the context of a Request for Continued Examination (RCE), the correct action when additional evidence is needed is to provide an Information Disclosure Statement (IDS). An IDS is a document submitted to the United States Patent and Trademark Office (USPTO) that discloses relevant prior art or other information that may be material to the examination of the application.

When an examiner requires further evidence to assess the patentability of the claims, submitting an IDS could be essential in ensuring that all relevant information is considered, which can facilitate the examination process. Providing this additional information helps the examiner better understand the context and scope of the invention vis-à-vis prior art, leading to a more informed decision regarding patentability.

Filing a new application would not be the appropriate route when an RCE is already on file, as it could complicate the examination process. Supplying required amendments may not address the specific need for additional evidence. Submitting a new request with fees is typically unnecessary since the RCE is already pending, and this could lead to delays rather than addressing the specific need for additional evidence. Thus, offering an IDS aligns with the intent of providing the needed information to progress the examination effectively.