USPTO Examiner LAM VINH TANG - Art Unit 2628

Examiner LAM, VINH TANG - Prosecution Strategy Guide

Executive Summary

Examiner LAM, VINH TANG works in Art Unit 2628 and has examined 481 patent applications in our dataset. With an allowance rate of 84.4%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 24 months.

Allowance Patterns

Examiner LAM, VINH TANG's allowance rate of 84.4% places them in the 60% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by LAM, VINH TANG receive 1.91 office actions before reaching final disposition. This places the examiner in the 46% 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 LAM, VINH TANG is 24 months. This places the examiner in the 82% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a -1.5% benefit to allowance rate for applications examined by LAM, VINH TANG. This interview benefit is in the 10% 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, 23.7% of applications are subsequently allowed. This success rate is in the 33% 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 24.4% of cases where such amendments are filed. This entry rate is in the 33% 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, 50.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 44% 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 53.5% of appeals filed. This is in the 24% percentile among all examiners. Of these withdrawals, 39.1% 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, 43.9% are granted (fully or in part). This grant rate is in the 37% percentile among all examiners. Strategic Note: Petitions show below-average success regarding this examiner's actions. Ensure you have a strong procedural basis before filing.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 0.0% of allowed cases (in the 19% 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 25% percentile). This examiner issues Quayle actions less often than average. Allowances may 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