USPTO Examiner TARDIF DAVID P - Art Unit 2876

Examiner TARDIF, DAVID P - Prosecution Strategy Guide

Executive Summary

Examiner TARDIF, DAVID P works in Art Unit 2876 and has examined 592 patent applications in our dataset. With an allowance rate of 76.7%, this examiner has a below-average tendency to allow applications. Applications typically reach final disposition in approximately 29 months.

Allowance Patterns

Examiner TARDIF, DAVID P's allowance rate of 76.7% places them in the 43% percentile among all USPTO examiners. This examiner has a below-average tendency to allow applications.

Office Action Patterns

On average, applications examined by TARDIF, DAVID P receive 2.01 office actions before reaching final disposition. This places the examiner in the 52% 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 TARDIF, DAVID P is 29 months. This places the examiner in the 65% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +3.2% benefit to allowance rate for applications examined by TARDIF, DAVID P. This interview benefit is in the 25% 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, 28.9% of applications are subsequently allowed. This success rate is in the 53% 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 30.4% of cases where such amendments are filed. This entry rate is in the 44% 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.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 120.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 82% 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 91.9% of appeals filed. This is in the 84% percentile among all examiners. Of these withdrawals, 61.8% 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, 67.3% are granted (fully or in part). This grant rate is in the 75% 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 2.4% of allowed cases (in the 76% 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 0.4% of allowed cases (in the 54% 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