USPTO Examiner STOLTENBERG DAVID J - Art Unit 3626

Examiner STOLTENBERG, DAVID J - Prosecution Strategy Guide

Executive Summary

Examiner STOLTENBERG, DAVID J works in Art Unit 3626 and has examined 38 patent applications in our dataset. With an allowance rate of 81.6%, this examiner has a below-average tendency to allow applications. Applications typically reach final disposition in approximately 26 months.

Allowance Patterns

Examiner STOLTENBERG, DAVID J's allowance rate of 81.6% places them in the 46% percentile among all USPTO examiners. This examiner has a below-average tendency to allow applications.

Office Action Patterns

On average, applications examined by STOLTENBERG, DAVID J receive 1.74 office actions before reaching final disposition. This places the examiner in the 51% 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 STOLTENBERG, DAVID J is 26 months. This places the examiner in the 63% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +19.4% benefit to allowance rate for applications examined by STOLTENBERG, DAVID J. This interview benefit is in the 66% 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, 33.3% of applications are subsequently allowed. This success rate is in the 66% percentile among all examiners. Strategic Insight: RCEs show above-average effectiveness with this examiner. Consider whether your amendments or new arguments are strong enough to warrant an RCE versus filing a continuation.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 18.8% of cases where such amendments are filed. This entry rate is in the 15% percentile among all examiners. Strategic Recommendation: This examiner rarely enters after-final amendments compared to other examiners. You should generally plan to file an RCE or appeal rather than relying on after-final amendment entry. Per MPEP § 714.12, primary examiners have discretion in entering after-final amendments, and this examiner exercises that discretion conservatively.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 200.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 98% percentile among all examiners. Strategic Recommendation: Pre-appeal conferences are highly effective with this examiner compared to others. Before filing a full appeal brief, strongly consider requesting a PAC. The PAC provides an opportunity for the examiner and supervisory personnel to reconsider the rejection before the case proceeds to the PTAB.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 50.0% of appeals filed. This is in the 15% percentile among all examiners. Of these withdrawals, 100.0% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner rarely withdraws rejections during the appeal process compared to other examiners. If you file an appeal, be prepared to fully prosecute it to a PTAB decision. Per MPEP § 1207, the examiner will prepare an Examiner's Answer maintaining the rejections.

Petition Practice

When applicants file petitions regarding this examiner's actions, 44.4% are granted (fully or in part). This grant rate is in the 49% 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 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 0.0% of allowed cases (in the 32% percentile). This examiner issues Quayle actions less often than average. Allowances may come directly without a separate action for formal matters.

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