USPTO Examiner CHEEK EDWARD RHETT - Art Unit 2813

Examiner CHEEK, EDWARD RHETT - Prosecution Strategy Guide

Executive Summary

Examiner CHEEK, EDWARD RHETT works in Art Unit 2813 and has examined 36 patent applications in our dataset. With an allowance rate of 88.9%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 40 months.

Allowance Patterns

Examiner CHEEK, EDWARD RHETT's allowance rate of 88.9% places them in the 67% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by CHEEK, EDWARD RHETT receive 1.69 office actions before reaching final disposition. This places the examiner in the 48% 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 CHEEK, EDWARD RHETT is 40 months. This places the examiner in the 8% 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 +23.5% benefit to allowance rate for applications examined by CHEEK, EDWARD RHETT. This interview benefit is in the 73% percentile among all examiners. Recommendation: Interviews provide an above-average benefit with this examiner and are worth considering.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 40.9% of applications are subsequently allowed. This success rate is in the 91% 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 44.4% of cases where such amendments are filed. This entry rate is in the 62% 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, 0.0% are granted (fully or in part). This grant rate is in the 3% 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 22% 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 28% 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