[Patentcenter] Declarations and DOCX filing

[Neil R. Ormos]

Gerry J. Elman via Patentcenter wrote:
> [Irving Fishman via wrote:]

>> Alternatively might go back to filing the paper copy by
>> express mail as we used to do

> Here is what the PTO says about paper filings and
> small/micro entity discounts:

> | * Please remember that if you file a nonprovisional
> |   utility application in paper, you are subject to two
> |   surcharges in addition to the normal fees associated
> |   with filing a nonprovisional application. The
> |   surcharges do not apply to reissue, design, plant, or
> |   provisional applications, and can be avoided by filing
> |   electronically in DOCX format using Patent
> |   Center<https://patentcenter.uspto.gov/>, the USPTO's
> |   automated online solution for patent filing. Visit our
> |   Patent Center information
> |   page<https://www.uspto.gov/patents/apply/patent-center>
> |   to learn more.

> | * The first surcharge is for "non-electronic filings."
> |   There is no micro entity discount for this
> |   surcharge. That means if you are filing as a micro
> |   entity using a paper application, you will be required
> |   to pay the small entity non-electronic filing
> |   surcharge of $200.

> | * The second surcharge is for filing an application
> |   where the specification, claims, and/or abstract do
> |   not conform to the USPTO requirements for submission
> |   in DOCX format. There is a micro entity discount for
> |   this surcharge. This surcharge applies to applications
> |   filed on or after January 17, 2024.

> Source: Micro entity status | USPTO<https://www.uspto.gov/patents/laws/micro-entity-status>

I have read or been told that PTO's authority for assessing the DOCX penalty, 37 CFR 1.16(u), is Sec. 10(h) of the AIA, 125 Stat. 284, 319, which provides that 

| [A]n additional fee of $400 shall be established for each
| application for an original patent, except for a design,
| plant, or provisional application, that is not filed by
| electronic means as prescribed by the Director."

and that the statutory authorization is why the DOCX penalty had to be $400 (adjusted for entity-size status) and not some other number. 

Would Sec. 10(h) of AIA authorize the assesment of *two* surcharges on a paper filing, one for filing non-electronically, and another for failing to use DOCX?

Or am I misapprehending the source of the PTO's authority for the 37 CFR 1.16(u) penalty?