USPTO Examiner OBRIEN DAVID WILLIAM - Art Unit 2916

Examiner OBRIEN, DAVID WILLIAM - Prosecution Strategy Guide

Executive Summary

Examiner OBRIEN, DAVID WILLIAM works in Art Unit 2916 and has examined 261 patent applications in our dataset. With an allowance rate of 97.3%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 23 months.

Allowance Patterns

Examiner OBRIEN, DAVID WILLIAM's allowance rate of 97.3% places them in the 88% 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 OBRIEN, DAVID WILLIAM receive 0.71 office actions before reaching final disposition. This places the examiner in the 4% percentile for office actions issued. This examiner issues significantly fewer office actions than most examiners.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by OBRIEN, DAVID WILLIAM is 23 months. This places the examiner in the 87% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a -3.7% benefit to allowance rate for applications examined by OBRIEN, DAVID WILLIAM. This interview benefit is in the 7% 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.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 85.2% of cases where such amendments are filed. This entry rate is in the 97% percentile among all examiners. Strategic Recommendation: This examiner is highly receptive to after-final amendments compared to other examiners. Per MPEP § 714.12, after-final amendments may be entered "under justifiable circumstances." Consider filing after-final amendments with a clear showing of allowability rather than immediately filing an RCE, as this examiner frequently enters such amendments.

Petition Practice

When applicants file petitions regarding this examiner's actions, 75.0% are granted (fully or in part). This grant rate is in the 81% percentile among all examiners. Strategic Note: Petitions are frequently granted regarding this examiner's actions compared to other examiners. Per MPEP § 1002.02(c), various examiner actions are petitionable to the Technology Center Director, including prematureness of final rejection, refusal to enter amendments, and requirement for information. If you believe an examiner action is improper, consider filing a petition.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 0.0% of allowed cases (in the 29% 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 28.3% of allowed cases (in the 95% 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