USPTO Examiner DIABY MOUSTAPHA - Art Unit 2682

Examiner DIABY, MOUSTAPHA - Prosecution Strategy Guide

Executive Summary

Examiner DIABY, MOUSTAPHA works in Art Unit 2682 and has examined 179 patent applications in our dataset. With an allowance rate of 98.3%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 26 months.

Allowance Patterns

Examiner DIABY, MOUSTAPHA's allowance rate of 98.3% places them in the 95% 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 DIABY, MOUSTAPHA receive 0.77 office actions before reaching final disposition. This places the examiner in the 7% percentile for office actions issued. This examiner issues significantly fewer office actions than most examiners.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by DIABY, MOUSTAPHA is 26 months. This places the examiner in the 62% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a -2.5% benefit to allowance rate for applications examined by DIABY, MOUSTAPHA. This interview benefit is in the 5% 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, 36.4% of applications are subsequently allowed. This success rate is in the 79% 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 43.8% of cases where such amendments are filed. This entry rate is in the 60% percentile among all examiners. Strategic Recommendation: This examiner shows above-average receptiveness to after-final amendments. If your amendments clearly overcome the rejections and do not raise new issues, consider filing after-final amendments before resorting to an RCE.

Petition Practice

When applicants file petitions regarding this examiner's actions, 30.8% are granted (fully or in part). This grant rate is in the 23% 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 20% 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 26% 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