USPTO Examiner FORTICH ALVARO E - Art Unit 2858

Examiner FORTICH, ALVARO E - Prosecution Strategy Guide

Executive Summary

Examiner FORTICH, ALVARO E works in Art Unit 2858 and has examined 121 patent applications in our dataset. With an allowance rate of 96.7%, 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 FORTICH, ALVARO E's allowance rate of 96.7% places them in the 87% 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 FORTICH, ALVARO E receive 0.95 office actions before reaching final disposition. This places the examiner in the 7% 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 FORTICH, ALVARO E 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 +4.8% benefit to allowance rate for applications examined by FORTICH, ALVARO E. This interview benefit is in the 29% 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, 38.7% of applications are subsequently allowed. This success rate is in the 88% 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 21.4% of cases where such amendments are filed. This entry rate is in the 27% percentile among all examiners. Strategic Recommendation: This examiner shows below-average receptiveness to after-final amendments. You may need to file an RCE or appeal rather than relying on after-final amendment entry.

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 4% 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