USPTO Examiner MCKANE JR JAMES PHILIP - Art Unit 2932

Examiner MCKANE JR, JAMES PHILIP - Prosecution Strategy Guide

Executive Summary

Examiner MCKANE JR, JAMES PHILIP works in Art Unit 2932 and has examined 84 patent applications in our dataset. With an allowance rate of 89.3%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 27 months.

Allowance Patterns

Examiner MCKANE JR, JAMES PHILIP's allowance rate of 89.3% places them in the 71% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by MCKANE JR, JAMES PHILIP receive 0.54 office actions before reaching final disposition. This places the examiner in the 3% 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 MCKANE JR, JAMES PHILIP is 27 months. This places the examiner in the 74% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +11.8% benefit to allowance rate for applications examined by MCKANE JR, JAMES PHILIP. This interview benefit is in the 47% percentile among all examiners. Recommendation: Interviews provide a below-average benefit with this examiner.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 100.0% of cases where such amendments are filed. This entry rate is in the 99% 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, 40.0% are granted (fully or in part). This grant rate is in the 30% 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 0.0% of allowed cases (in the 31% 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 72.0% of allowed cases (in the 99% 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