USPTO Examiner WHALEN DANIEL B - Art Unit 2893

Examiner WHALEN, DANIEL B - Prosecution Strategy Guide

Executive Summary

Examiner WHALEN, DANIEL B works in Art Unit 2893 and has examined 218 patent applications in our dataset. With an allowance rate of 94.5%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 30 months.

Allowance Patterns

Examiner WHALEN, DANIEL B's allowance rate of 94.5% places them in the 83% 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 WHALEN, DANIEL B receive 1.70 office actions before reaching final disposition. This places the examiner in the 35% 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 WHALEN, DANIEL B is 30 months. This places the examiner in the 61% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a -1.0% benefit to allowance rate for applications examined by WHALEN, DANIEL B. This interview benefit is in the 10% 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, 32.6% of applications are subsequently allowed. This success rate is in the 69% 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 31.6% of cases where such amendments are filed. This entry rate is in the 46% 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 15% 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 75.0% of appeals filed. This is in the 65% percentile among all examiners. Of these withdrawals, 66.7% 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, 33.3% are granted (fully or in part). This grant rate is in the 21% percentile among all examiners. Strategic Note: Petitions are rarely granted regarding this examiner's actions compared to other examiners. Ensure you have a strong procedural basis before filing a petition, as the Technology Center Director typically upholds this examiner's decisions.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 20.6% of allowed cases (in the 98% 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 6.8% of allowed cases (in the 84% percentile). Per MPEP § 714.14, a Quayle action indicates that all claims are allowable but formal matters remain. This examiner frequently uses Quayle actions compared to other examiners, which is a positive indicator that once substantive issues are resolved, allowance follows quickly.

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