USPTO Examiner HORLICK KENNETH R - Art Unit 1637

Examiner HORLICK, KENNETH R - Prosecution Strategy Guide

Executive Summary

Examiner HORLICK, KENNETH R works in Art Unit 1637 and has examined 1,015 patent applications in our dataset. With an allowance rate of 69.1%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 29 months.

Allowance Patterns

Examiner HORLICK, KENNETH R's allowance rate of 69.1% places them in the 23% percentile among all USPTO examiners. This examiner is less likely to allow applications than most examiners at the USPTO.

Office Action Patterns

On average, applications examined by HORLICK, KENNETH R receive 1.61 office actions before reaching final disposition. This places the examiner in the 43% 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 HORLICK, KENNETH R is 29 months. This places the examiner in the 44% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +29.0% benefit to allowance rate for applications examined by HORLICK, KENNETH R. This interview benefit is in the 80% 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, 26.3% of applications are subsequently allowed. This success rate is in the 33% 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 57.1% of cases where such amendments are filed. This entry rate is in the 79% percentile among all examiners. Strategic Recommendation: This examiner is highly receptive to after-final amendments compared to other examiners. Per MPEP § 714.12, after-final amendments may be entered "under justifiable circumstances." Consider filing after-final amendments with a clear showing of allowability rather than immediately filing an RCE, as this examiner frequently enters such amendments.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 0.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 1% 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 48.0% of appeals filed. This is in the 10% percentile among all examiners. Of these withdrawals, 58.3% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner rarely withdraws rejections during the appeal process compared to other examiners. If you file an appeal, be prepared to fully prosecute it to a PTAB decision. Per MPEP § 1207, the examiner will prepare an Examiner's Answer maintaining the rejections.

Petition Practice

When applicants file petitions regarding this examiner's actions, 36.7% are granted (fully or in part). This grant rate is in the 33% percentile among all examiners. Strategic Note: Petitions show below-average success regarding this examiner's actions. Ensure you have a strong procedural basis before filing.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 5.5% of allowed cases (in the 90% 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 0.3% of allowed cases (in the 46% percentile). This examiner issues Quayle actions less often than average. Allowances may come directly without a separate action for formal matters.

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