USPTO Examiner HARCUM MARCUS E - Art Unit 2831

Examiner HARCUM, MARCUS E - Prosecution Strategy Guide

Executive Summary

Examiner HARCUM, MARCUS E works in Art Unit 2831 and has examined 633 patent applications in our dataset. With an allowance rate of 91.6%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 20 months.

Allowance Patterns

Examiner HARCUM, MARCUS E's allowance rate of 91.6% places them in the 76% 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 HARCUM, MARCUS E receive 1.35 office actions before reaching final disposition. This places the examiner in the 28% 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 HARCUM, MARCUS E is 20 months. This places the examiner in the 89% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +4.4% benefit to allowance rate for applications examined by HARCUM, MARCUS E. This interview benefit is in the 27% percentile among all examiners. Recommendation: Interviews provide a below-average benefit with this examiner.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 32.5% of applications are subsequently allowed. This success rate is in the 61% percentile among all examiners. Strategic Insight: RCEs show above-average effectiveness with this examiner. Consider whether your amendments or new arguments are strong enough to warrant an RCE versus filing a continuation.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 57.1% of cases where such amendments are filed. This entry rate is in the 79% percentile among all examiners. Strategic Recommendation: This examiner is highly receptive to after-final amendments compared to other examiners. Per MPEP § 714.12, after-final amendments may be entered "under justifiable circumstances." Consider filing after-final amendments with a clear showing of allowability rather than immediately filing an RCE, as this examiner frequently enters such amendments.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 100.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 72% 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 100.0% of appeals filed. This is in the 92% percentile among all examiners. Of these withdrawals, 25.0% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner frequently reconsiders rejections during the appeal process compared to other examiners. Per MPEP § 1207.01, all appeals must go through a mandatory appeal conference. Filing a Notice of Appeal may prompt favorable reconsideration even before you file an Appeal Brief.

Petition Practice

When applicants file petitions regarding this examiner's actions, 37.5% are granted (fully or in part). This grant rate is in the 34% 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 0.2% of allowed cases (in the 48% percentile). This examiner makes examiner's amendments less often than average. You may need to make most claim amendments yourself.

Quayle Actions: This examiner issues Ex Parte Quayle actions in 11.0% of allowed cases (in the 89% percentile). Per MPEP § 714.14, a Quayle action indicates that all claims are allowable but formal matters remain. This examiner frequently uses Quayle actions compared to other examiners, which is a positive indicator that once substantive issues are resolved, allowance follows quickly.

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