I recently received a final rejection, called the examiner, received guidance for what amendments I should submit to receive an allowance, made them and filed an AFCP request.

The response is that there are new issues that have arisen that prevent allowance, and the reason given in a PTOL-303 response from the examiner is "PTOL-2323". Other than that there is no information. What is this?


So, pto 2323 seems to be the form a examiner uses to respond to an afcp request.

See https://www.uspto.gov/patent/initiatives/after-final-consideration-pilot-20

Apparently, the examiner wanted to reference that form, but it didn't make it's way to you. Check PAIR to see if it's there, if not, call and ask.


IMO PTOL-303 referred to is Advisory Action you might have received after final rejection and before filing AFCP.

After AFCP, examiner has responded in prescribed form "PTOL-2323", and has referred to the previous PTOL-303 indicating that none of the reason(s) for final rejection has been set aside and AFCP has further added issues (normally refers to requirement of further search due to amended claims - (s714- Ammendments/III)) to the already existing issues. The examiner would not consider any new issue at that stage of prosecution.

Now you may opt for RCE or RCE and/or appeal.

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