USPTO Examiner SCHWARTZ PHILIP N - Art Unit 1749

Examiner SCHWARTZ, PHILIP N - Prosecution Strategy Guide

Executive Summary

Examiner SCHWARTZ, PHILIP N works in Art Unit 1749 and has examined 261 patent applications in our dataset. With an allowance rate of 58.2%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 39 months.

Allowance Patterns

Examiner SCHWARTZ, PHILIP N's allowance rate of 58.2% places them in the 18% 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 SCHWARTZ, PHILIP N receive 2.34 office actions before reaching final disposition. This places the examiner in the 66% 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 SCHWARTZ, PHILIP N is 39 months. This places the examiner in the 26% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +19.3% benefit to allowance rate for applications examined by SCHWARTZ, PHILIP N. This interview benefit is in the 62% percentile among all examiners. Recommendation: Interviews provide an above-average benefit with this examiner and are worth considering.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 24.3% of applications are subsequently allowed. This success rate is in the 35% 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 30.6% of cases where such amendments are filed. This entry rate is in the 44% percentile among all examiners. Strategic Recommendation: This examiner shows below-average receptiveness to after-final amendments. You may need to file an RCE or appeal rather than relying on after-final amendment entry.

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 3% 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 46.2% of appeals filed. This is in the 12% percentile among all examiners. 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, 52.6% are granted (fully or in part). This grant rate is in the 52% 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 0.0% of allowed cases (in the 6% percentile). This examiner rarely makes examiner's amendments compared to other examiners. You should expect to make all necessary claim amendments yourself through formal amendment practice.

Quayle Actions: This examiner issues Ex Parte Quayle actions in 7.9% of allowed cases (in the 86% 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