USPTO Examiner KUSIAK BENJAMIN - Art Unit 3785

Examiner KUSIAK, BENJAMIN - Prosecution Strategy Guide

Executive Summary

Examiner KUSIAK, BENJAMIN works in Art Unit 3785 and has examined 154 patent applications in our dataset. With an allowance rate of 42.2%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 35 months.

Allowance Patterns

Examiner KUSIAK, BENJAMIN's allowance rate of 42.2% places them in the 4% 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 KUSIAK, BENJAMIN receive 1.85 office actions before reaching final disposition. This places the examiner in the 58% 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 KUSIAK, BENJAMIN is 35 months. This places the examiner in the 21% 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 +63.6% benefit to allowance rate for applications examined by KUSIAK, BENJAMIN. This interview benefit is in the 98% 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, 24.8% of applications are subsequently allowed. This success rate is in the 27% 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 28.2% of cases where such amendments are filed. This entry rate is in the 32% 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 21% 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 100.0% of appeals filed. This is in the 99% percentile among all examiners. Of these withdrawals, 50.0% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner frequently reconsiders rejections during the appeal process compared to other examiners. Per MPEP § 1207.01, all appeals must go through a mandatory appeal conference. Filing a Notice of Appeal may prompt favorable reconsideration even before you file an Appeal Brief.

Petition Practice

When applicants file petitions regarding this examiner's actions, 25.0% are granted (fully or in part). This grant rate is in the 16% 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 42% 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