USPTO Examiner ASHBAHIAN ERIC K - Art Unit 2891

Examiner ASHBAHIAN, ERIC K - Prosecution Strategy Guide

Executive Summary

Examiner ASHBAHIAN, ERIC K works in Art Unit 2891 and has examined 440 patent applications in our dataset. With an allowance rate of 65.0%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 31 months.

Allowance Patterns

Examiner ASHBAHIAN, ERIC K's allowance rate of 65.0% places them in the 18% 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 ASHBAHIAN, ERIC K receive 2.83 office actions before reaching final disposition. This places the examiner in the 92% percentile for office actions issued. This examiner issues more office actions than most examiners, which may indicate thorough examination or difficulty in reaching agreement with applicants.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by ASHBAHIAN, ERIC K is 31 months. This places the examiner in the 37% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +6.7% benefit to allowance rate for applications examined by ASHBAHIAN, ERIC K. This interview benefit is in the 35% 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, 19.9% of applications are subsequently allowed. This success rate is in the 13% percentile among all examiners. Strategic Insight: RCEs show lower effectiveness with this examiner compared to others. Consider whether a continuation application might be more strategic, especially if you need to add new matter or significantly broaden claims.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 25.1% of cases where such amendments are filed. This entry rate is in the 26% 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, 0.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 14% percentile among all examiners. Note: Pre-appeal conferences show limited success with this examiner compared to others. While still worth considering, be prepared to proceed with a full appeal brief if the PAC does not result in favorable action.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 44.4% of appeals filed. This is in the 7% percentile among all examiners. Strategic Insight: This examiner rarely withdraws rejections during the appeal process compared to other examiners. If you file an appeal, be prepared to fully prosecute it to a PTAB decision. Per MPEP § 1207, the examiner will prepare an Examiner's Answer maintaining the rejections.

Petition Practice

When applicants file petitions regarding this examiner's actions, 37.0% are granted (fully or in part). This grant rate is in the 33% 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 0.7% of allowed cases (in the 63% percentile). This examiner makes examiner's amendments more often than average to place applications in condition for allowance (MPEP § 1302.04).

Quayle Actions: This examiner issues Ex Parte Quayle actions in 0.7% of allowed cases (in the 52% 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