To speed up patent prosecution and minimize unnecessary Requests for Continued Examination (RCEs), the USPTO enacted the After Final Consideration Pilot (AFCP) 2.0 program as an alternative response to a final rejection. The plan was to increase communication between examiners and applicants and take those applications that are close to allowance across the finish line, without requiring the time and cost inevitably associated with an RCE. 

Introduction

If you’re reading this, you’re already familiar with Alice Corp. v. CLS Bank or you’re my mother. Either way, it’s unnecessary to recite all the details of the case or the subsequent aftermath. Suffice it to say that Alice created some serious doubts about the patentability of software claims, particularly as they relate to business methods.