USPTO Examiner BURGESS JOSEPH D - Art Unit 3686

Recent Applications

Detailed information about the 100 most recent patent applications.

Application NumberTitleFiling DateDisposal DateDispositionTime (months)Office ActionsRestrictionsInterviewAppeal
16995700METHODS AND SYSTEMS PROCESSING DATAAugust 2020March 2023Allow3101YesNo
16939960SYSTEM AND METHOD OF DETERMINING FINANCIAL LOSS FOR WORKER'S COMPENSATION INJURY CLAIMSJuly 2020August 2023Allow3721YesNo
16836439METHOD, APPARATUS, AND COMPUTER PROGRAM PRODUCT FOR VALIDATING ELECTRONIC REBATE CLAIMSMarch 2020January 2023Allow3310YesNo
16784727SERVER-NEUTRAL NETWORK ARCHITECTUREFebruary 2020September 2023Abandon4321NoNo
16773373PATIENT MANAGEMENT APPARATUS AND PATIENT MANAGEMENT METHODJanuary 2020June 2023Abandon4020NoNo
16601322SOFTWARE APPLICATION FOR PATIENT CARE AND RELATED DEVICE, SYSTEM, AND METHODOctober 2019March 2023Allow4120YesNo
16586753FILTERING MEDICAL INFORMATIONSeptember 2019July 2023Allow4540NoNo
16490815PATIENT PREDICTIVE ADMISSION, DISCHARGE, AND MONITORING TOOLSeptember 2019December 2022Allow4020NoNo
16448614RESOURCE ALLOCATION METHOD, APPARATUS, SYSTEM, ELECTRONIC DEVICE AND STORAGE MEDIUMJune 2019September 2023Abandon5140YesNo
15851389INFERRING SEMANTIC DATA ORGANIZATION FROM MACHINE-LEARNED RELATIONSHIPSDecember 2017June 2023Allow6050YesNo
15783727Systems and Methods For Matching Patients To Best Fit Providers Of Chronic Disease Prevention ProgramsOctober 2017October 2023Abandon6050NoYes
15783769Systems and Methods For Monitoring Compliance With Chronic Disease Prevention ProgramsOctober 2017March 2021Abandon4180YesYes
15783896Systems and Methods For Performing Health Risk Assessments and Risk Stratification On A Patient PopulationOctober 2017September 2023Abandon6040YesYes

Appeals Overview

This analysis examines appeal outcomes and the strategic value of filing appeals for examiner BURGESS, JOSEPH D.

Strategic Value of Filing an Appeal

Total Appeal Filings
5
Allowed After Appeal Filing
0
(0.0%)
Not Allowed After Appeal Filing
5
(100.0%)
Filing Benefit Percentile
9.7%
Lower than average

Understanding Appeal Filing Strategy

Filing a Notice of Appeal can sometimes lead to allowance even before the appeal is fully briefed or decided by the PTAB. This occurs when the examiner or their supervisor reconsiders the rejection during the mandatory appeal conference (MPEP § 1207.01) after the appeal is filed.

In this dataset, 0.0% of applications that filed an appeal were subsequently allowed. This appeal filing benefit rate is in the bottom 25% across the USPTO, indicating that filing appeals is less effective here than in most other areas.

Strategic Recommendations

Filing a Notice of Appeal shows limited benefit. Consider other strategies like interviews or amendments before appealing.

Examiner BURGESS, JOSEPH D - Prosecution Strategy Guide

Executive Summary

Examiner BURGESS, JOSEPH D works in Art Unit 3686 and has examined 13 patent applications in our dataset. With an allowance rate of 53.8%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 41 months.

Allowance Patterns

Examiner BURGESS, JOSEPH D's allowance rate of 53.8% places them in the 16% 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 BURGESS, JOSEPH D receive 3.15 office actions before reaching final disposition. This places the examiner in the 87% percentile for office actions issued. This examiner issues more office actions than most examiners, which may indicate thorough examination or difficulty in reaching agreement with applicants.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by BURGESS, JOSEPH D is 41 months. This places the examiner in the 22% percentile for prosecution speed. Applications take longer to reach final disposition with this examiner compared to most others.

Interview Effectiveness

Conducting an examiner interview provides a +22.5% benefit to allowance rate for applications examined by BURGESS, JOSEPH D. This interview benefit is in the 66% 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, 16.7% of applications are subsequently allowed. This success rate is in the 16% 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 4% 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.

Petition Practice

When applicants file petitions regarding this examiner's actions, 100.0% are granted (fully or in part). This grant rate is in the 93% 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 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 45% percentile). This examiner issues Quayle actions less often than average. Allowances may come directly without a separate action for formal matters.

Prosecution Strategy Recommendations

Based on the statistical analysis of this examiner's prosecution patterns, here are tailored strategic recommendations:

  • Prepare for rigorous examination: With a below-average allowance rate, ensure your application has strong written description and enablement support. Consider filing a continuation if you need to add new matter.
  • Expect multiple rounds of prosecution: This examiner issues more office actions than average. Address potential issues proactively in your initial response and consider requesting an interview early in prosecution.
  • Plan for RCE after final rejection: This examiner rarely enters after-final amendments. Budget for an RCE in your prosecution strategy if you receive a final rejection.
  • Plan for extended prosecution: Applications take longer than average with this examiner. Factor this into your continuation strategy and client communications.

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

Important Disclaimer

Not Legal Advice: The information provided in this report is for informational purposes only and does not constitute legal advice. You should consult with a qualified patent attorney or agent for advice specific to your situation.

No Guarantees: We do not provide any guarantees as to the accuracy, completeness, or timeliness of the statistics presented above. Patent prosecution statistics are derived from publicly available USPTO data and are subject to data quality limitations, processing errors, and changes in USPTO practices over time.

Limitation of Liability: Under no circumstances will IronCrow AI be liable for any outcome, decision, or action resulting from your reliance on the statistics, analysis, or recommendations presented in this report. Past prosecution patterns do not guarantee future results.

Use at Your Own Risk: While we strive to provide accurate and useful prosecution statistics, you should independently verify any information that is material to your prosecution strategy and use your professional judgment in all patent prosecution matters.