USPTO Examiner PORTA DAVID P - Art Unit 2884

Examiner PORTA, DAVID P - Prosecution Strategy Guide

Executive Summary

Examiner PORTA, DAVID P works in Art Unit 2884 and has examined 48 patent applications in our dataset. With an allowance rate of 52.1%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 28 months.

Allowance Patterns

Examiner PORTA, DAVID P's allowance rate of 52.1% places them in the 8% 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 PORTA, DAVID P receive 1.50 office actions before reaching final disposition. This places the examiner in the 36% 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 PORTA, DAVID P is 28 months. This places the examiner in the 53% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +52.3% benefit to allowance rate for applications examined by PORTA, DAVID P. This interview benefit is in the 95% percentile among all examiners. Recommendation: Interviews are highly effective with this examiner and should be strongly considered as a prosecution strategy. Per MPEP § 713.10, interviews are available at any time before the Notice of Allowance is mailed or jurisdiction transfers to the PTAB.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 25.0% of applications are subsequently allowed. This success rate is in the 29% 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 30.0% of cases where such amendments are filed. This entry rate is in the 35% 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, 33.3% are granted (fully or in part). This grant rate is in the 27% 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 0.0% of allowed cases (in the 25% 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 30% 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