USPTO Examiner DALBO MICHAEL J - Art Unit 2857

Examiner DALBO, MICHAEL J - Prosecution Strategy Guide

Executive Summary

Examiner DALBO, MICHAEL J works in Art Unit 2857 and has examined 130 patent applications in our dataset. With an allowance rate of 62.3%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 40 months.

Allowance Patterns

Examiner DALBO, MICHAEL J's allowance rate of 62.3% places them in the 22% 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 DALBO, MICHAEL J receive 2.54 office actions before reaching final disposition. This places the examiner in the 74% percentile for office actions issued. This examiner issues a slightly above-average number of office actions.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by DALBO, MICHAEL J is 40 months. This places the examiner in the 24% 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 +19.0% benefit to allowance rate for applications examined by DALBO, MICHAEL J. This interview benefit is in the 62% 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, 23.9% of applications are subsequently allowed. This success rate is in the 34% 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 34.4% of cases where such amendments are filed. This entry rate is in the 51% 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.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 133.3% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 86% percentile among all examiners. Strategic Recommendation: Pre-appeal conferences are highly effective with this examiner compared to others. Before filing a full appeal brief, strongly consider requesting a PAC. The PAC provides an opportunity for the examiner and supervisory personnel to reconsider the rejection before the case proceeds to the PTAB.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 75.0% of appeals filed. This is in the 65% percentile among all examiners. Of these withdrawals, 66.7% 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, 12.5% are granted (fully or in part). This grant rate is in the 8% 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 26% 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