USPTO Examiner MCDOWELL BRIAN E - Art Unit 1624

Examiner MCDOWELL, BRIAN E - Prosecution Strategy Guide

Executive Summary

Examiner MCDOWELL, BRIAN E works in Art Unit 1624 and has examined 1,393 patent applications in our dataset. With an allowance rate of 66.1%, this examiner has a below-average tendency to allow applications. Applications typically reach final disposition in approximately 24 months.

Allowance Patterns

Examiner MCDOWELL, BRIAN E's allowance rate of 66.1% places them in the 27% percentile among all USPTO examiners. This examiner has a below-average tendency to allow applications.

Office Action Patterns

On average, applications examined by MCDOWELL, BRIAN E receive 1.55 office actions before reaching final disposition. This places the examiner in the 28% percentile for office actions issued. This examiner issues fewer office actions than average, which may indicate efficient prosecution or a more lenient examination style.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by MCDOWELL, BRIAN E is 24 months. This places the examiner in the 81% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +36.0% benefit to allowance rate for applications examined by MCDOWELL, BRIAN E. This interview benefit is in the 84% percentile among all examiners. Recommendation: Interviews are highly effective with this examiner and should be strongly considered as a prosecution strategy. Per MPEP § 713.10, interviews are available at any time before the Notice of Allowance is mailed or jurisdiction transfers to the PTAB.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 27.9% of applications are subsequently allowed. This success rate is in the 50% percentile among all examiners. Strategic Insight: RCEs show below-average effectiveness with this examiner. Carefully evaluate whether an RCE or continuation is the better strategy.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 35.6% of cases where such amendments are filed. This entry rate is in the 53% percentile among all examiners. Strategic Recommendation: This examiner shows above-average receptiveness to after-final amendments. If your amendments clearly overcome the rejections and do not raise new issues, consider filing after-final amendments before resorting to an RCE.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 14.3% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 25% percentile among all examiners. Note: Pre-appeal conferences show limited success with this examiner compared to others. While still worth considering, be prepared to proceed with a full appeal brief if the PAC does not result in favorable action.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 86.8% of appeals filed. This is in the 80% percentile among all examiners. Of these withdrawals, 78.8% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner frequently reconsiders rejections during the appeal process compared to other examiners. Per MPEP § 1207.01, all appeals must go through a mandatory appeal conference. Filing a Notice of Appeal may prompt favorable reconsideration even before you file an Appeal Brief.

Petition Practice

When applicants file petitions regarding this examiner's actions, 66.7% are granted (fully or in part). This grant rate is in the 71% percentile among all examiners. Strategic Note: Petitions show above-average success regarding this examiner's actions. Petitionable matters include restriction requirements (MPEP § 1002.02(c)(2)) and various procedural issues.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 5.6% of allowed cases (in the 87% percentile). Per MPEP § 1302.04, examiner's amendments are used to place applications in condition for allowance when only minor changes are needed. This examiner frequently uses this tool compared to other examiners, indicating a cooperative approach to getting applications allowed. Strategic Insight: If you are close to allowance but minor claim amendments are needed, this examiner may be willing to make an examiner's amendment rather than requiring another round of prosecution.

Quayle Actions: This examiner issues Ex Parte Quayle actions in 10.2% of allowed cases (in the 89% percentile). Per MPEP § 714.14, a Quayle action indicates that all claims are allowable but formal matters remain. This examiner frequently uses Quayle actions compared to other examiners, which is a positive indicator that once substantive issues are resolved, allowance follows quickly.

Prosecution Strategy Recommendations

Relevant MPEP Sections for Prosecution Strategy

• MPEP § 713.10: Examiner interviews - available before Notice of Allowance or transfer to PTAB
• MPEP § 714.12: After-final amendments - may be entered "under justifiable circumstances"
• MPEP § 1002.02(c): Petitionable matters to Technology Center Director
• MPEP § 1004: Actions requiring primary examiner signature (allowances, final rejections, examiner's answers)
• MPEP § 1207.01: Appeal conferences - mandatory for all appeals
• MPEP § 1214.07: Reopening prosecution after appeal