USPTO Examiner CLARKE JR ROBERT T - Art Unit 2699

Recent Applications

Detailed information about the 100 most recent patent applications.

Application NumberTitleFiling DateDisposal DateDispositionTime (months)Office ActionsRestrictionsInterviewAppeal
16953767FIXED WAGER WINDOW COUNTDOWNNovember 2020June 2023Allow3140YesNo
16930909AUTOMATIC CYCLING WORKOUT DETECTION SYSTEMS AND METHODSJuly 2020September 2023Allow3821YesNo
16804628VIDEOGAME PORTAL GAME PLAYFebruary 2020October 2023Abandon4420NoYes
16797060WAGER SELL BACK OPTIONFebruary 2020July 2023Abandon4140NoNo
16679243Signa Es Alias Adversus 2November 2019August 2023Abandon4510NoNo
16044476IN-GAME RESOURCE SURFACING PLATFORMJuly 2018July 2023Allow6071YesNo
15344488HYBRID ARCADE/WAGER-BASED GAMING ASPECTS RELATING TO ENTERTAINMENT AND WAGERING GAMING ACTIVITIESNovember 2016January 2019Allow2710YesNo

Appeals Overview

This analysis examines appeal outcomes and the strategic value of filing appeals for examiner CLARKE JR, ROBERT T.

Strategic Value of Filing an Appeal

Total Appeal Filings
1
Allowed After Appeal Filing
0
(0.0%)
Not Allowed After Appeal Filing
1
(100.0%)
Filing Benefit Percentile
5.8%
Lower 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, 0.0% of applications that filed an appeal were subsequently allowed. This appeal filing benefit rate is in the bottom 25% across the USPTO, indicating that filing appeals is less effective here than in most other areas.

Strategic Recommendations

Filing a Notice of Appeal shows limited benefit. Consider other strategies like interviews or amendments before appealing.

Examiner CLARKE JR, ROBERT T - Prosecution Strategy Guide

Executive Summary

Examiner CLARKE JR, ROBERT T works in Art Unit 2699 and has examined 7 patent applications in our dataset. With an allowance rate of 57.1%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 41 months.

Allowance Patterns

Examiner CLARKE JR, ROBERT T's allowance rate of 57.1% places them in the 19% 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 CLARKE JR, ROBERT T receive 3.00 office actions before reaching final disposition. This places the examiner in the 83% 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 CLARKE JR, ROBERT T is 41 months. This places the examiner in the 22% 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 +100.0% benefit to allowance rate for applications examined by CLARKE JR, ROBERT T. This interview benefit is in the 100% 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, 25.0% of applications are subsequently allowed. This success rate is in the 41% 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 0.0% of cases where such amendments are filed. This entry rate is in the 2% 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.

Petition Practice

When applicants file petitions regarding this examiner's actions, 0.0% are granted (fully or in part). This grant rate is in the 4% 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 24% 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 32% percentile). This examiner issues Quayle actions less often than average. Allowances may 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.