What must be included if an IDS is filed after a Final Office Action or Notice of Allowance?

When filing an Information Disclosure Statement (IDS) after a Final Office Action or Notice of Allowance, it is critical to include a statement indicating that no one is aware of information that was not disclosed prior to the issuance of the Final Office Action or Notice of Allowance. This statement serves as a declaration under the rules that there were no known relevant prior art references or information that could have been submitted to the Patent Office before the decision was rendered.

Including this statement is essential as it helps maintain the integrity of the prosecution process and ensures that the patent examiner is fully aware of the relevant information related to the application. This requirement ultimately contributes to the examination process, ensuring that all pertinent information is considered before a patent is granted.

The other considerations, while relevant in different contexts, do not fulfill the specific requirement mandated in this situation. A summary of the patented claims, for instance, is not a necessary component of an IDS filing under these circumstances, nor is it typical to include a comprehensive background of related patents. Furthermore, while additional fees might be relevant for some types of submissions, the key point here is the specific requirement related to the statement regarding knowledge of prior art references.