37 C.F.R. 1.131 is also known as swearing back or more currently as swearing behind a reference. 

It is often used to overcome a rejection based on novelty.

The main criteria for 37 C.F.R. 1.131 is that the rejection must be based on prior art that was not “by another”, but rather, was filed by the same inventor.

For example, swearing back might be possible if Joe Smith receives a rejection on his patent application due to prior art based on none other than Joe Smith himself. In instances where the prior art was published on behalf of him, he must prove this fact. Applicants attempting to swear back must also prove that the date of their invention was earlier than the date of the prior art cited in the rejection.