USPTO Examiner OSTERHOUT SHELLEY MARIE - Art Unit 3669

Examiner OSTERHOUT, SHELLEY MARIE - Prosecution Strategy Guide

Executive Summary

Examiner OSTERHOUT, SHELLEY MARIE works in Art Unit 3669 and has examined 18 patent applications in our dataset. With an allowance rate of 61.1%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 34 months.

Allowance Patterns

Examiner OSTERHOUT, SHELLEY MARIE's allowance rate of 61.1% places them in the 21% 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 OSTERHOUT, SHELLEY MARIE receive 1.78 office actions before reaching final disposition. This places the examiner in the 39% 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 OSTERHOUT, SHELLEY MARIE is 34 months. This places the examiner in the 45% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +29.9% benefit to allowance rate for applications examined by OSTERHOUT, SHELLEY MARIE. This interview benefit is in the 78% 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, 20.0% of applications are subsequently allowed. This success rate is in the 21% 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 0.0% of cases where such amendments are filed. This entry rate is in the 3% 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.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 0.0% of allowed cases (in the 39% 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 42% 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