USPTO Examiner BRANDT DAVID NELSON - Art Unit 3783

Examiner BRANDT, DAVID NELSON - Prosecution Strategy Guide

Executive Summary

Examiner BRANDT, DAVID NELSON works in Art Unit 3783 and has examined 13 patent applications in our dataset. With an allowance rate of 92.3%, this examiner allows applications at a higher rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 33 months.

Allowance Patterns

Examiner BRANDT, DAVID NELSON's allowance rate of 92.3% places them in the 78% percentile among all USPTO examiners. This examiner is more likely to allow applications than most examiners at the USPTO.

Office Action Patterns

On average, applications examined by BRANDT, DAVID NELSON receive 2.00 office actions before reaching final disposition. This places the examiner in the 51% 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 BRANDT, DAVID NELSON is 33 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 +50.0% benefit to allowance rate for applications examined by BRANDT, DAVID NELSON. This interview benefit is in the 93% 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, 35.7% of applications are subsequently allowed. This success rate is in the 81% percentile among all examiners. Strategic Insight: RCEs are highly effective with this examiner compared to others. If you receive a final rejection, filing an RCE with substantive amendments or arguments has a strong likelihood of success.

After-Final Amendment Practice

This examiner enters after-final amendments leading to allowance in 26.7% of cases where such amendments are filed. This entry rate is in the 37% 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.

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 46% 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 49% 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