USPTO Examiner DUNN DAVID R - Art Unit 3636

Examiner DUNN, DAVID R - Prosecution Strategy Guide

Executive Summary

Examiner DUNN, DAVID R works in Art Unit 3636 and has examined 231 patent applications in our dataset. With an allowance rate of 25.1%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 30 months.

Allowance Patterns

Examiner DUNN, DAVID R's allowance rate of 25.1% places them in the 1% 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 DUNN, DAVID R receive 1.94 office actions before reaching final disposition. This places the examiner in the 62% 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 DUNN, DAVID R is 30 months. This places the examiner in the 42% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +43.9% benefit to allowance rate for applications examined by DUNN, DAVID R. This interview benefit is in the 91% percentile among all examiners. Recommendation: Interviews are highly effective with this examiner and should be strongly considered as a prosecution strategy. Per MPEP § 713.10, interviews are available at any time before the Notice of Allowance is mailed or jurisdiction transfers to the PTAB.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 11.7% of applications are subsequently allowed. This success rate is in the 3% 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 35.6% of cases where such amendments are filed. This entry rate is in the 45% 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.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 0.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 16% percentile among all examiners. Note: Pre-appeal conferences show limited success with this examiner compared to others. While still worth considering, be prepared to proceed with a full appeal brief if the PAC does not result in favorable action.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 34.8% of appeals filed. This is in the 3% percentile among all examiners. 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, 78.9% are granted (fully or in part). This grant rate is in the 92% percentile among all examiners. Strategic Note: Petitions are frequently granted regarding this examiner's actions compared to other examiners. Per MPEP § 1002.02(c), various examiner actions are petitionable to the Technology Center Director, including prematureness of final rejection, refusal to enter amendments, and requirement for information. If you believe an examiner action is improper, consider filing a petition.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 3.9% of allowed cases (in the 86% 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 3.4% of allowed cases (in the 74% percentile). This examiner issues Quayle actions more often than average when claims are allowable but formal matters remain (MPEP § 714.14).

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