USPTO Examiner HESS DANIEL A - Art Unit 2876

Examiner HESS, DANIEL A - Prosecution Strategy Guide

Executive Summary

Examiner HESS, DANIEL A works in Art Unit 2876 and has examined 1,642 patent applications in our dataset. With an allowance rate of 81.4%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 23 months.

Allowance Patterns

Examiner HESS, DANIEL A's allowance rate of 81.4% places them in the 52% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by HESS, DANIEL A receive 1.73 office actions before reaching final disposition. This places the examiner in the 37% 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 HESS, DANIEL A is 23 months. This places the examiner in the 86% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +7.3% benefit to allowance rate for applications examined by HESS, DANIEL A. This interview benefit is in the 36% 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, 30.5% of applications are subsequently allowed. This success rate is in the 60% 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 47.8% of cases where such amendments are filed. This entry rate is in the 72% 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, 60.9% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 51% 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 69.6% of appeals filed. This is in the 56% percentile among all examiners. Of these withdrawals, 43.8% 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, 45.3% are granted (fully or in part). This grant rate is in the 39% 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 6.9% of allowed cases (in the 89% 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 2.1% of allowed cases (in the 69% percentile). This examiner issues Quayle actions more often than average when claims are allowable but formal matters remain (MPEP § 714.14).

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