USPTO Examiner ZEC FILIP - Art Unit 3763

Examiner ZEC, FILIP - Prosecution Strategy Guide

Executive Summary

Examiner ZEC, FILIP works in Art Unit 3763 and has examined 658 patent applications in our dataset. With an allowance rate of 87.2%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 25 months.

Allowance Patterns

Examiner ZEC, FILIP's allowance rate of 87.2% places them in the 62% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by ZEC, FILIP receive 1.44 office actions before reaching final disposition. This places the examiner in the 32% 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 ZEC, FILIP is 25 months. This places the examiner in the 69% percentile for prosecution speed. Prosecution timelines are slightly faster than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a -0.8% benefit to allowance rate for applications examined by ZEC, FILIP. This interview benefit is in the 8% percentile among all examiners. Note: Interviews show limited statistical benefit with this examiner compared to others, though they may still be valuable for clarifying issues.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 29.4% of applications are subsequently allowed. This success rate is in the 46% 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 51.9% of cases where such amendments are filed. This entry rate is in the 73% 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, 28.6% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 29% 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 54.2% of appeals filed. This is in the 20% percentile among all examiners. Of these withdrawals, 15.4% 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, 27.2% are granted (fully or in part). This grant rate is in the 18% 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 1.8% of allowed cases (in the 76% percentile). Per MPEP § 1302.04, examiner's amendments are used to place applications in condition for allowance when only minor changes are needed. This examiner frequently uses this tool compared to other examiners, indicating a cooperative approach to getting applications allowed. Strategic Insight: If you are close to allowance but minor claim amendments are needed, this examiner may be willing to make an examiner's amendment rather than requiring another round of prosecution.

Quayle Actions: This examiner issues Ex Parte Quayle actions in 0.3% 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