USPTO Examiner COMSTOCK HARPER E - Art Unit 2933

Examiner COMSTOCK, HARPER E - Prosecution Strategy Guide

Executive Summary

Examiner COMSTOCK, HARPER E works in Art Unit 2933 and has examined 107 patent applications in our dataset. With an allowance rate of 99.1%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 24 months.

Allowance Patterns

Examiner COMSTOCK, HARPER E's allowance rate of 99.1% places them in the 97% 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 COMSTOCK, HARPER E receive 0.38 office actions before reaching final disposition. This places the examiner in the 2% 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 COMSTOCK, HARPER E is 24 months. This places the examiner in the 73% 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 COMSTOCK, HARPER E. This interview benefit is in the 15% 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, 100.0% of applications are subsequently allowed. This success rate is in the 100% percentile among all examiners. Strategic Insight: RCEs are highly effective with this examiner compared to others. If you receive a final rejection, filing an RCE with substantive amendments or arguments has a strong likelihood of success.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 71.4% of cases where such amendments are filed. This entry rate is in the 91% 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, 0.0% are granted (fully or in part). This grant rate is in the 4% 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 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 88.7% of allowed cases (in the 100% 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