USPTO Examiner MCKAY ANDREA MARIE - Art Unit 2925

Examiner MCKAY, ANDREA MARIE - Prosecution Strategy Guide

Executive Summary

Examiner MCKAY, ANDREA MARIE works in Art Unit 2925 and has examined 164 patent applications in our dataset. With an allowance rate of 99.4%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 31 months.

Allowance Patterns

Examiner MCKAY, ANDREA MARIE's allowance rate of 99.4% places them in the 93% 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 MCKAY, ANDREA MARIE receive 0.77 office actions before reaching final disposition. This places the examiner in the 5% 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 MCKAY, ANDREA MARIE is 31 months. This places the examiner in the 56% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +0.8% benefit to allowance rate for applications examined by MCKAY, ANDREA MARIE. This interview benefit is in the 18% 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 93.3% of cases where such amendments are filed. This entry rate is in the 98% 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, 85.7% are granted (fully or in part). This grant rate is in the 87% 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 30% 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 40.5% of allowed cases (in the 97% 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