USPTO Examiner BIRD MATTHEW D - Art Unit 2938

Examiner BIRD, MATTHEW D - Prosecution Strategy Guide

Executive Summary

Examiner BIRD, MATTHEW D works in Art Unit 2938 and has examined 113 patent applications in our dataset. With an allowance rate of 98.2%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 21 months.

Allowance Patterns

Examiner BIRD, MATTHEW D's allowance rate of 98.2% places them in the 95% 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 BIRD, MATTHEW D receive 0.37 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 BIRD, MATTHEW D is 21 months. This places the examiner in the 86% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +2.0% benefit to allowance rate for applications examined by BIRD, MATTHEW D. 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 100.0% of cases where such amendments are filed. This entry rate is in the 100% 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.

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 39.6% 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