USPTO Examiner SILVERMAN JANICE Y - Art Unit 1792

Recent Applications

Detailed information about the 100 most recent patent applications.

Application NumberTitleFiling DateDisposal DateDispositionTime (months)Office ActionsRestrictionsInterviewAppeal
17136893COSMETIC AND PERSONAL CARE COMPOSITIONS CONTAINING CATIONIC SURFACTANTS AND ANIONIC COMPOUNDSDecember 2020December 2024Allow4821YesYes
17099070GLUFOSINATE ADDITIVE FOR IMPROVED WEED CONTROLNovember 2020September 2024Allow4631YesNo
16754319DIURON-CONTAINING FRUIT THINNING AGENTApril 2020December 2024Abandon5670NoNo
16629608FAMPRIDINE TTSJanuary 2020November 2024Allow5831YesNo
16606347COMPOSITIONS AND METHODS FOR REDUCING LOCAL AND SYSTEMIC RISKS OF ENVENOMATIONOctober 2019July 2025Abandon6061YesNo
16471355POLYMERS CONTAINING REACTIVE CARBONYL GROUPS AND COATING COMPOSITIONS CONTAINING SUCH POLYMERSJune 2019June 2025Abandon6051YesYes
16222900HERBICIDAL COMPOUNDSDecember 2018November 2022Allow4731YesYes
15969276ARTICLE AND METHOD FOR A PHARMACEUTICAL AGENTMay 2018May 2025Abandon6041NoYes

Appeals Overview

This analysis examines appeal outcomes and the strategic value of filing appeals for examiner SILVERMAN, JANICE Y.

Patent Trial and Appeal Board (PTAB) Decisions

Total PTAB Decisions
1
Examiner Affirmed
0
(0.0%)
Examiner Reversed
1
(100.0%)
Reversal Percentile
92.3%
Higher than average

What This Means

With a 100.0% reversal rate, the PTAB has reversed the examiner's rejections more often than affirming them. This reversal rate is in the top 25% across the USPTO, indicating that appeals are more successful here than in most other areas.

Strategic Value of Filing an Appeal

Total Appeal Filings
4
Allowed After Appeal Filing
2
(50.0%)
Not Allowed After Appeal Filing
2
(50.0%)
Filing Benefit Percentile
77.6%
Higher than average

Understanding Appeal Filing Strategy

Filing a Notice of Appeal can sometimes lead to allowance even before the appeal is fully briefed or decided by the PTAB. This occurs when the examiner or their supervisor reconsiders the rejection during the mandatory appeal conference (MPEP § 1207.01) after the appeal is filed.

In this dataset, 50.0% of applications that filed an appeal were subsequently allowed. This appeal filing benefit rate is in the top 25% across the USPTO, indicating that filing appeals is particularly effective here. The act of filing often prompts favorable reconsideration during the mandatory appeal conference.

Strategic Recommendations

Appeals to PTAB show good success rates. If you have a strong case on the merits, consider fully prosecuting the appeal to a Board decision.

Filing a Notice of Appeal is strategically valuable. The act of filing often prompts favorable reconsideration during the mandatory appeal conference.

Examiner SILVERMAN, JANICE Y - Prosecution Strategy Guide

Executive Summary

Examiner SILVERMAN, JANICE Y works in Art Unit 1792 and has examined 8 patent applications in our dataset. With an allowance rate of 50.0%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 58 months.

Allowance Patterns

Examiner SILVERMAN, JANICE Y's allowance rate of 50.0% places them in the 13% 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 SILVERMAN, JANICE Y receive 4.12 office actions before reaching final disposition. This places the examiner in the 96% percentile for office actions issued. This examiner issues more office actions than most examiners, which may indicate thorough examination or difficulty in reaching agreement with applicants.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by SILVERMAN, JANICE Y is 58 months. This places the examiner in the 2% percentile for prosecution speed. Applications take longer to reach final disposition with this examiner compared to most others.

Interview Effectiveness

Conducting an examiner interview provides a +66.7% benefit to allowance rate for applications examined by SILVERMAN, JANICE Y. This interview benefit is in the 97% 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, 18.8% of applications are subsequently allowed. This success rate is in the 21% 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 14.3% of cases where such amendments are filed. This entry rate is in the 16% percentile among all examiners. Strategic Recommendation: This examiner rarely enters after-final amendments compared to other examiners. You should generally plan to file an RCE or appeal rather than relying on after-final amendment entry. Per MPEP § 714.12, primary examiners have discretion in entering after-final amendments, and this examiner exercises that discretion conservatively.

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 4% 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 66.7% of appeals filed. This is in the 48% percentile among all examiners. Of these withdrawals, 50.0% 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, 28.6% are granted (fully or in part). This grant rate is in the 15% percentile among all examiners. Strategic Note: Petitions are rarely granted regarding this examiner's actions compared to other examiners. Ensure you have a strong procedural basis before filing a petition, as the Technology Center Director typically upholds this examiner's decisions.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 0.0% of allowed cases (in the 7% 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 0.0% of allowed cases (in the 8% 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

Based on the statistical analysis of this examiner's prosecution patterns, here are tailored strategic recommendations:

  • Prepare for rigorous examination: With a below-average allowance rate, ensure your application has strong written description and enablement support. Consider filing a continuation if you need to add new matter.
  • Expect multiple rounds of prosecution: This examiner issues more office actions than average. Address potential issues proactively in your initial response and consider requesting an interview early in prosecution.
  • Prioritize examiner interviews: Interviews are highly effective with this examiner. Request an interview after the first office action to clarify issues and potentially expedite allowance.
  • Plan for RCE after final rejection: This examiner rarely enters after-final amendments. Budget for an RCE in your prosecution strategy if you receive a final rejection.
  • Plan for extended prosecution: Applications take longer than average with this examiner. Factor this into your continuation strategy and client communications.

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

Important Disclaimer

Not Legal Advice: The information provided in this report is for informational purposes only and does not constitute legal advice. You should consult with a qualified patent attorney or agent for advice specific to your situation.

No Guarantees: We do not provide any guarantees as to the accuracy, completeness, or timeliness of the statistics presented above. Patent prosecution statistics are derived from publicly available USPTO data and are subject to data quality limitations, processing errors, and changes in USPTO practices over time.

Limitation of Liability: Under no circumstances will IronCrow AI be liable for any outcome, decision, or action resulting from your reliance on the statistics, analysis, or recommendations presented in this report. Past prosecution patterns do not guarantee future results.

Use at Your Own Risk: While we strive to provide accurate and useful prosecution statistics, you should independently verify any information that is material to your prosecution strategy and use your professional judgment in all patent prosecution matters.