USPTO Examiner SMITH MESSINA L - Art Unit 2936

Examiner SMITH, MESSINA L - Prosecution Strategy Guide

Executive Summary

Examiner SMITH, MESSINA L works in Art Unit 2936 and has examined 17 patent applications in our dataset. With an allowance rate of 94.1%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 28 months.

Allowance Patterns

Examiner SMITH, MESSINA L's allowance rate of 94.1% places them in the 82% 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 SMITH, MESSINA L receive 0.65 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 SMITH, MESSINA L is 28 months. This places the examiner in the 70% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +6.2% benefit to allowance rate for applications examined by SMITH, MESSINA L. This interview benefit is in the 33% percentile among all examiners. Recommendation: Interviews provide a below-average benefit with this examiner.

Petition Practice

When applicants file petitions regarding this examiner's actions, 200.0% are granted (fully or in part). This grant rate is in the 99% 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 32% 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 62.5% of allowed cases (in the 98% 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