USPTO Examiner OSTERHOUT BENJAMIN LEE - Art Unit 1711

Examiner OSTERHOUT, BENJAMIN LEE - Prosecution Strategy Guide

Executive Summary

Examiner OSTERHOUT, BENJAMIN LEE works in Art Unit 1711 and has examined 881 patent applications in our dataset. With an allowance rate of 80.2%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 33 months.

Allowance Patterns

Examiner OSTERHOUT, BENJAMIN LEE's allowance rate of 80.2% places them in the 50% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by OSTERHOUT, BENJAMIN LEE receive 1.72 office actions before reaching final disposition. This places the examiner in the 36% 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 OSTERHOUT, BENJAMIN LEE is 33 months. This places the examiner in the 46% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a -25.3% benefit to allowance rate for applications examined by OSTERHOUT, BENJAMIN LEE. This interview benefit is in the 1% percentile among all examiners. Note: Interviews show limited statistical benefit with this examiner compared to others, though they may still be valuable for clarifying issues.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 26.7% of applications are subsequently allowed. This success rate is in the 45% 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 53.9% of cases where such amendments are filed. This entry rate is in the 80% 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, 93.3% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 68% percentile among all examiners. Strategic Recommendation: Pre-appeal conferences show above-average effectiveness with this examiner. If you have strong arguments, a PAC request may result in favorable reconsideration.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 66.7% of appeals filed. This is in the 47% percentile among all examiners. Of these withdrawals, 36.7% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner shows below-average willingness to reconsider rejections during appeals. Be prepared to fully prosecute appeals if filed.

Petition Practice

When applicants file petitions regarding this examiner's actions, 59.6% are granted (fully or in part). This grant rate is in the 63% 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 1.1% of allowed cases (in the 69% percentile). This examiner makes examiner's amendments more often than average to place applications in condition for allowance (MPEP § 1302.04).

Quayle Actions: This examiner issues Ex Parte Quayle actions in 1.7% of allowed cases (in the 66% percentile). This examiner issues Quayle actions more often than average when claims are allowable but formal matters remain (MPEP § 714.14).

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