USPTO Examiner KENDALL BENJAMIN R - Art Unit 2896

Examiner KENDALL, BENJAMIN R - Prosecution Strategy Guide

Executive Summary

Examiner KENDALL, BENJAMIN R works in Art Unit 2896 and has examined 75 patent applications in our dataset. With an allowance rate of 68.0%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 41 months.

Allowance Patterns

Examiner KENDALL, BENJAMIN R's allowance rate of 68.0% places them in the 22% 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 KENDALL, BENJAMIN R receive 2.63 office actions before reaching final disposition. This places the examiner in the 88% 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 KENDALL, BENJAMIN R is 41 months. This places the examiner in the 6% percentile for prosecution speed. Applications take longer to reach final disposition with this examiner compared to most others.

Interview Effectiveness

Conducting an examiner interview provides a +19.0% benefit to allowance rate for applications examined by KENDALL, BENJAMIN R. This interview benefit is in the 66% percentile among all examiners. Recommendation: Interviews provide an above-average benefit with this examiner and are worth considering.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 21.2% of applications are subsequently allowed. This success rate is in the 16% 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 5.4% of cases where such amendments are filed. This entry rate is in the 2% percentile among all examiners. Strategic Recommendation: This examiner rarely enters after-final amendments compared to other examiners. You should generally plan to file an RCE or appeal rather than relying on after-final amendment entry. Per MPEP § 714.12, primary examiners have discretion in entering after-final amendments, and this examiner exercises that discretion conservatively.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 42.9% of appeals filed. This is in the 6% 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, 50.0% are granted (fully or in part). This grant rate is in the 61% 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 0.0% of allowed cases (in the 26% 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