USPTO Examiner HTAY AYE SU MON - Art Unit 3745

Examiner HTAY, AYE SU MON - Prosecution Strategy Guide

Executive Summary

Examiner HTAY, AYE SU MON works in Art Unit 3745 and has examined 303 patent applications in our dataset. With an allowance rate of 63.7%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 43 months.

Allowance Patterns

Examiner HTAY, AYE SU MON's allowance rate of 63.7% places them in the 24% 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 HTAY, AYE SU MON receive 2.13 office actions before reaching final disposition. This places the examiner in the 57% 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 HTAY, AYE SU MON is 43 months. This places the examiner in the 17% 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 +26.8% benefit to allowance rate for applications examined by HTAY, AYE SU MON. 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, 25.5% of applications are subsequently allowed. This success rate is in the 40% percentile among all examiners. Strategic Insight: RCEs show below-average effectiveness with this examiner. Carefully evaluate whether an RCE or continuation is the better strategy.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 28.1% of cases where such amendments are filed. This entry rate is in the 40% 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, 85.7% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 66% percentile among all examiners. Strategic Recommendation: Pre-appeal conferences show above-average effectiveness with this examiner. If you have strong arguments, a PAC request may result in favorable reconsideration.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 46.7% of appeals filed. This is in the 12% percentile among all examiners. Of these withdrawals, 42.9% 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, 25.8% are granted (fully or in part). This grant rate is in the 14% percentile among all examiners. Strategic Note: Petitions are rarely granted regarding this examiner's actions compared to other examiners. Ensure you have a strong procedural basis before filing a petition, as the Technology Center Director typically upholds this examiner's decisions.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 0.0% of allowed cases (in the 43% 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 47% 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