USPTO Examiner ROGERS ADAM D - Art Unit 3656

Examiner ROGERS, ADAM D - Prosecution Strategy Guide

Executive Summary

Examiner ROGERS, ADAM D works in Art Unit 3656 and has examined 1,123 patent applications in our dataset. With an allowance rate of 79.8%, this examiner has a below-average tendency to allow applications. Applications typically reach final disposition in approximately 22 months.

Allowance Patterns

Examiner ROGERS, ADAM D's allowance rate of 79.8% places them in the 42% percentile among all USPTO examiners. This examiner has a below-average tendency to allow applications.

Office Action Patterns

On average, applications examined by ROGERS, ADAM D receive 1.67 office actions before reaching final disposition. This places the examiner in the 46% 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 ROGERS, ADAM D is 22 months. This places the examiner in the 83% percentile for prosecution speed. Applications move through prosecution relatively quickly with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +25.9% benefit to allowance rate for applications examined by ROGERS, ADAM D. This interview benefit is in the 76% 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, 32.2% of applications are subsequently allowed. This success rate is in the 60% 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 55.6% of cases where such amendments are filed. This entry rate is in the 78% percentile among all examiners. Strategic Recommendation: This examiner is highly receptive to after-final amendments compared to other examiners. Per MPEP § 714.12, after-final amendments may be entered "under justifiable circumstances." Consider filing after-final amendments with a clear showing of allowability rather than immediately filing an RCE, as this examiner frequently enters such amendments.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 33.3% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 32% percentile among all examiners. Note: Pre-appeal conferences show below-average success with this examiner. Consider whether your arguments are strong enough to warrant a PAC request.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 64.7% of appeals filed. This is in the 40% percentile among all examiners. Of these withdrawals, 45.5% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner shows below-average willingness to reconsider rejections during appeals. Be prepared to fully prosecute appeals if filed.

Petition Practice

When applicants file petitions regarding this examiner's actions, 45.7% are granted (fully or in part). This grant rate is in the 51% 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 0.3% of allowed cases (in the 53% 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 12.1% of allowed cases (in the 89% 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