USPTO Examiner FIX THOMAS S - Art Unit 3618

Examiner FIX, THOMAS S - Prosecution Strategy Guide

Executive Summary

Examiner FIX, THOMAS S works in Art Unit 3618 and has examined 13 patent applications in our dataset. With an allowance rate of 92.3%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 36 months.

Allowance Patterns

Examiner FIX, THOMAS S's allowance rate of 92.3% places them in the 78% 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 FIX, THOMAS S receive 2.08 office actions before reaching final disposition. This places the examiner in the 55% percentile for office actions issued. This examiner issues a slightly above-average number of office actions.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by FIX, THOMAS S is 36 months. This places the examiner in the 36% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +16.7% benefit to allowance rate for applications examined by FIX, THOMAS S. This interview benefit is in the 57% percentile among all examiners. Recommendation: Interviews provide an above-average benefit with this examiner and are worth considering.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 44.4% of applications are subsequently allowed. This success rate is in the 95% 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 33.3% of cases where such amendments are filed. This entry rate is in the 50% percentile among all examiners. Strategic Recommendation: This examiner shows below-average receptiveness to after-final amendments. You may need to file an RCE or appeal rather than relying on after-final amendment entry.

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 5% 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 33% 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 16.7% of allowed cases (in the 92% 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