USPTO Examiner DIAZ JOSE - Art Unit 2875

Examiner DIAZ, JOSE - Prosecution Strategy Guide

Executive Summary

Examiner DIAZ, JOSE works in Art Unit 2875 and has examined 239 patent applications in our dataset. With an allowance rate of 98.3%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 26 months.

Allowance Patterns

Examiner DIAZ, JOSE's allowance rate of 98.3% places them in the 91% 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 DIAZ, JOSE receive 1.16 office actions before reaching final disposition. This places the examiner in the 13% 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 DIAZ, JOSE is 26 months. This places the examiner in the 77% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a -4.5% benefit to allowance rate for applications examined by DIAZ, JOSE. This interview benefit is in the 6% percentile among all examiners. Note: Interviews show limited statistical benefit with this examiner compared to others, though they may still be valuable for clarifying issues.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 40.6% of applications are subsequently allowed. This success rate is in the 92% 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 58.5% of cases where such amendments are filed. This entry rate is in the 84% 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.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 100.0% of appeals filed. This is in the 95% percentile among all examiners. Of these withdrawals, 100.0% 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, 55.6% are granted (fully or in part). This grant rate is in the 57% percentile among all examiners. Strategic Note: Petitions show above-average success regarding this examiner's actions. Petitionable matters include restriction requirements (MPEP § 1002.02(c)(2)) and various procedural issues.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 11.7% of allowed cases (in the 95% percentile). Per MPEP § 1302.04, examiner's amendments are used to place applications in condition for allowance when only minor changes are needed. This examiner frequently uses this tool compared to other examiners, indicating a cooperative approach to getting applications allowed. Strategic Insight: If you are close to allowance but minor claim amendments are needed, this examiner may be willing to make an examiner's amendment rather than requiring another round of prosecution.

Quayle Actions: This examiner issues Ex Parte Quayle actions in 0.0% of allowed cases (in the 33% 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