USPTO Examiner GLESSNER BRIAN E - Art Unit 3633

Examiner GLESSNER, BRIAN E - Prosecution Strategy Guide

Executive Summary

Examiner GLESSNER, BRIAN E works in Art Unit 3633 and has examined 95 patent applications in our dataset. With an allowance rate of 32.6%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 32 months.

Allowance Patterns

Examiner GLESSNER, BRIAN E's allowance rate of 32.6% places them in the 5% 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 GLESSNER, BRIAN E receive 1.55 office actions before reaching final disposition. This places the examiner in the 26% 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 GLESSNER, BRIAN E is 32 months. This places the examiner in the 52% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +14.5% benefit to allowance rate for applications examined by GLESSNER, BRIAN E. This interview benefit is in the 53% 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, 13.8% of applications are subsequently allowed. This success rate is in the 11% percentile among all examiners. Strategic Insight: RCEs show lower effectiveness with this examiner compared to others. Consider whether a continuation application might be more strategic, especially if you need to add new matter or significantly broaden claims.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 25.0% of cases where such amendments are filed. This entry rate is in the 35% 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.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 33.3% of appeals filed. This is in the 5% 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, 35.7% are granted (fully or in part). This grant rate is in the 23% 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 22.1% of allowed cases (in the 98% percentile). Per MPEP § 1302.04, examiner's amendments are used to place applications in condition for allowance when only minor changes are needed. This examiner frequently uses this tool compared to other examiners, indicating a cooperative approach to getting applications allowed. Strategic Insight: If you are close to allowance but minor claim amendments are needed, this examiner may be willing to make an examiner's amendment rather than requiring another round of prosecution.

Quayle Actions: This examiner issues Ex Parte Quayle actions in 0.0% of allowed cases (in the 39% 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