USPTO Examiner LE KHOI V - Art Unit 2436

Examiner LE, KHOI V - Prosecution Strategy Guide

Executive Summary

Examiner LE, KHOI V works in Art Unit 2436 and has examined 543 patent applications in our dataset. With an allowance rate of 90.1%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 29 months.

Allowance Patterns

Examiner LE, KHOI V's allowance rate of 90.1% places them in the 73% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by LE, KHOI V receive 1.73 office actions before reaching final disposition. This places the examiner in the 37% 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 LE, KHOI V is 29 months. This places the examiner in the 63% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +49.0% benefit to allowance rate for applications examined by LE, KHOI V. This interview benefit is in the 92% 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, 38.1% of applications are subsequently allowed. This success rate is in the 87% percentile among all examiners. Strategic Insight: RCEs are highly effective with this examiner compared to others. If you receive a final rejection, filing an RCE with substantive amendments or arguments has a strong likelihood of success.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 27.2% of cases where such amendments are filed. This entry rate is in the 38% 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, 71.4% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 59% 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 79.3% of appeals filed. This is in the 71% percentile among all examiners. Of these withdrawals, 47.8% 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, 19.3% are granted (fully or in part). This grant rate is in the 10% 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 14% 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 0.8% of allowed cases (in the 59% 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