USPTO Examiner COMBER KEVIN J - Art Unit 2838

Examiner COMBER, KEVIN J - Prosecution Strategy Guide

Executive Summary

Examiner COMBER, KEVIN J works in Art Unit 2838 and has examined 110 patent applications in our dataset. With an allowance rate of 92.7%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 24 months.

Allowance Patterns

Examiner COMBER, KEVIN J's allowance rate of 92.7% places them in the 79% 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 COMBER, KEVIN J receive 0.83 office actions before reaching final disposition. This places the examiner in the 8% 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 COMBER, KEVIN J is 24 months. This places the examiner in the 72% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +5.5% benefit to allowance rate for applications examined by COMBER, KEVIN J. This interview benefit is in the 31% 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, 38.9% of applications are subsequently allowed. This success rate is in the 87% 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 85.7% of cases where such amendments are filed. This entry rate is in the 97% 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.

Petition Practice

When applicants file petitions regarding this examiner's actions, 44.4% are granted (fully or in part). This grant rate is in the 48% 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 23% 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