USPTO Examiner DURDEN RICHARD KYLE - Art Unit 3753

Examiner DURDEN, RICHARD KYLE - Prosecution Strategy Guide

Executive Summary

Examiner DURDEN, RICHARD KYLE works in Art Unit 3753 and has examined 375 patent applications in our dataset. With an allowance rate of 65.1%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 29 months.

Allowance Patterns

Examiner DURDEN, RICHARD KYLE's allowance rate of 65.1% places them in the 18% 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 DURDEN, RICHARD KYLE receive 1.82 office actions before reaching final disposition. This places the examiner in the 55% 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 DURDEN, RICHARD KYLE is 29 months. This places the examiner in the 49% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +26.7% benefit to allowance rate for applications examined by DURDEN, RICHARD KYLE. This interview benefit is in the 77% 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, 24.4% of applications are subsequently allowed. This success rate is in the 26% 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 36.6% of cases where such amendments are filed. This entry rate is in the 47% 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, 0.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 20% percentile among all examiners. Note: Pre-appeal conferences show limited success with this examiner compared to others. While still worth considering, be prepared to proceed with a full appeal brief if the PAC does not result in favorable action.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 33.3% of appeals filed. This is in the 3% percentile among all examiners. Of these withdrawals, 33.3% 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, 56.4% are granted (fully or in part). This grant rate is in the 71% 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 0.0% of allowed cases (in the 40% 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 2.5% of allowed cases (in the 68% 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