USPTO Examiner BARNETT DEVIN K - Art Unit 3631

Examiner BARNETT, DEVIN K - Prosecution Strategy Guide

Executive Summary

Examiner BARNETT, DEVIN K works in Art Unit 3631 and has examined 803 patent applications in our dataset. With an allowance rate of 70.5%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 19 months.

Allowance Patterns

Examiner BARNETT, DEVIN K's allowance rate of 70.5% places them in the 25% percentile among all USPTO examiners. This examiner is less likely to allow applications than most examiners at the USPTO.

Office Action Patterns

On average, applications examined by BARNETT, DEVIN K receive 1.39 office actions before reaching final disposition. This places the examiner in the 30% percentile for office actions issued. This examiner issues fewer office actions than average, which may indicate efficient prosecution or a more lenient examination style.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by BARNETT, DEVIN K is 19 months. This places the examiner in the 93% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +22.8% benefit to allowance rate for applications examined by BARNETT, DEVIN K. This interview benefit is in the 72% 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, 27.9% of applications are subsequently allowed. This success rate is in the 40% percentile among all examiners. Strategic Insight: RCEs show below-average effectiveness with this examiner. Carefully evaluate whether an RCE or continuation is the better strategy.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 21.0% of cases where such amendments are filed. This entry rate is in the 19% 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, 120.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 81% 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 77.8% of appeals filed. This is in the 66% percentile among all examiners. Of these withdrawals, 47.6% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner shows above-average willingness to reconsider rejections during appeals. The mandatory appeal conference (MPEP § 1207.01) provides an opportunity for reconsideration.

Petition Practice

When applicants file petitions regarding this examiner's actions, 56.6% are granted (fully or in part). This grant rate is in the 72% percentile among all examiners. Strategic Note: Petitions show above-average success regarding this examiner's actions. Petitionable matters include restriction requirements (MPEP § 1002.02(c)(2)) and various procedural issues.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 1.1% of allowed cases (in the 70% percentile). This examiner makes examiner's amendments more often than average to place applications in condition for allowance (MPEP § 1302.04).

Quayle Actions: This examiner issues Ex Parte Quayle actions in 3.9% of allowed cases (in the 75% 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