USPTO Examiner SAAD ERIN BARRY - Art Unit 1735

Examiner SAAD, ERIN BARRY - Prosecution Strategy Guide

Executive Summary

Examiner SAAD, ERIN BARRY works in Art Unit 1735 and has examined 1,122 patent applications in our dataset. With an allowance rate of 73.7%, this examiner has a below-average tendency to allow applications. Applications typically reach final disposition in approximately 27 months.

Allowance Patterns

Examiner SAAD, ERIN BARRY's allowance rate of 73.7% places them in the 38% percentile among all USPTO examiners. This examiner has a below-average tendency to allow applications.

Office Action Patterns

On average, applications examined by SAAD, ERIN BARRY receive 2.13 office actions before reaching final disposition. This places the examiner in the 57% percentile for office actions issued. This examiner issues a slightly above-average number of office actions.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by SAAD, ERIN BARRY is 27 months. This places the examiner in the 71% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +11.7% benefit to allowance rate for applications examined by SAAD, ERIN BARRY. This interview benefit is in the 47% percentile among all examiners. Recommendation: Interviews provide a below-average benefit with this examiner.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 19.7% of applications are subsequently allowed. This success rate is in the 20% percentile among all examiners. Strategic Insight: RCEs show lower effectiveness with this examiner compared to others. Consider whether a continuation application might be more strategic, especially if you need to add new matter or significantly broaden claims.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 35.7% 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, 60.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 50% percentile among all examiners. Note: Pre-appeal conferences show below-average success with this examiner. Consider whether your arguments are strong enough to warrant a PAC request.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 47.2% of appeals filed. This is in the 13% percentile among all examiners. Of these withdrawals, 32.4% 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, 55.1% are granted (fully or in part). This grant rate is in the 57% 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 1.6% of allowed cases (in the 72% 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 0.0% of allowed cases (in the 5% percentile). This examiner rarely issues Quayle actions compared to other examiners. Allowances typically 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