USPTO Examiner SHIH HAOSHIAN - Art Unit 2179

Examiner SHIH, HAOSHIAN - Prosecution Strategy Guide

Executive Summary

Examiner SHIH, HAOSHIAN works in Art Unit 2179 and has examined 87 patent applications in our dataset. With an allowance rate of 93.1%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 43 months.

Allowance Patterns

Examiner SHIH, HAOSHIAN's allowance rate of 93.1% places them in the 80% percentile among all USPTO examiners. This examiner is more likely to allow applications than most examiners at the USPTO.

Office Action Patterns

On average, applications examined by SHIH, HAOSHIAN receive 3.24 office actions before reaching final disposition. This places the examiner in the 91% 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 SHIH, HAOSHIAN is 43 months. This places the examiner in the 16% 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 +1.8% benefit to allowance rate for applications examined by SHIH, HAOSHIAN. This interview benefit is in the 21% 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, 23.8% of applications are subsequently allowed. This success rate is in the 34% 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 14.6% of cases where such amendments are filed. This entry rate is in the 15% 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, 40.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 37% 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 72.7% of appeals filed. This is in the 61% 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 above-average willingness to reconsider rejections during appeals. The mandatory appeal conference (MPEP § 1207.01) provides an opportunity for reconsideration.

Petition Practice

When applicants file petitions regarding this examiner's actions, 14.3% are granted (fully or in part). This grant rate is in the 8% 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 5.7% of allowed cases (in the 87% 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 0.0% of allowed cases (in the 14% 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