USPTO Examiner SCRUGGS ROBERT J - Art Unit 3723

Examiner SCRUGGS, ROBERT J - Prosecution Strategy Guide

Executive Summary

Examiner SCRUGGS, ROBERT J works in Art Unit 3723 and has examined 1,639 patent applications in our dataset. With an allowance rate of 62.5%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 33 months.

Allowance Patterns

Examiner SCRUGGS, ROBERT J's allowance rate of 62.5% places them in the 15% 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 SCRUGGS, ROBERT J receive 1.90 office actions before reaching final disposition. This places the examiner in the 60% 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 SCRUGGS, ROBERT J is 33 months. This places the examiner in the 29% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +24.2% benefit to allowance rate for applications examined by SCRUGGS, ROBERT J. This interview benefit is in the 74% 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, 23.2% of applications are subsequently allowed. This success rate is in the 22% 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 44.4% of cases where such amendments are filed. This entry rate is in the 62% percentile among all examiners. Strategic Recommendation: This examiner shows above-average receptiveness to after-final amendments. If your amendments clearly overcome the rejections and do not raise new issues, consider filing after-final amendments before resorting to an RCE.

Pre-Appeal Conference Effectiveness

When applicants request a pre-appeal conference (PAC) with this examiner, 25.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 27% 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 57.0% of appeals filed. This is in the 24% percentile among all examiners. Of these withdrawals, 20.8% 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, 50.7% are granted (fully or in part). This grant rate is in the 62% 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 1.1% of allowed cases (in the 69% 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 1.8% of allowed cases (in the 63% 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