USPTO Examiner MCFADDEN MICHAEL P - Art Unit 2848

Examiner MCFADDEN, MICHAEL P - Prosecution Strategy Guide

Executive Summary

Examiner MCFADDEN, MICHAEL P works in Art Unit 2848 and has examined 773 patent applications in our dataset. With an allowance rate of 84.5%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 24 months.

Allowance Patterns

Examiner MCFADDEN, MICHAEL P's allowance rate of 84.5% places them in the 60% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by MCFADDEN, MICHAEL P receive 1.66 office actions before reaching final disposition. This places the examiner in the 34% 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 MCFADDEN, MICHAEL P is 24 months. This places the examiner in the 83% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +20.4% benefit to allowance rate for applications examined by MCFADDEN, MICHAEL P. This interview benefit is in the 64% 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, 33.0% of applications are subsequently allowed. This success rate is in the 71% 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 56.4% of cases where such amendments are filed. This entry rate is in the 82% 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 74% 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 81.8% of appeals filed. This is in the 75% percentile among all examiners. Of these withdrawals, 55.6% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner shows above-average willingness to reconsider rejections during appeals. The mandatory appeal conference (MPEP § 1207.01) provides an opportunity for reconsideration.

Petition Practice

When applicants file petitions regarding this examiner's actions, 36.4% are granted (fully or in part). This grant rate is in the 24% 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 0.1% of allowed cases (in the 50% 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 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

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