USPTO Examiner TOICH SARA KATHERINE - Art Unit 3785

Examiner TOICH, SARA KATHERINE - Prosecution Strategy Guide

Executive Summary

Examiner TOICH, SARA KATHERINE works in Art Unit 3785 and has examined 47 patent applications in our dataset. With an allowance rate of 44.7%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 41 months.

Allowance Patterns

Examiner TOICH, SARA KATHERINE's allowance rate of 44.7% places them in the 5% 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 TOICH, SARA KATHERINE receive 1.77 office actions before reaching final disposition. This places the examiner in the 53% 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 TOICH, SARA KATHERINE is 41 months. This places the examiner in the 7% 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 +48.5% benefit to allowance rate for applications examined by TOICH, SARA KATHERINE. 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, 25.0% of applications are subsequently allowed. This success rate is in the 29% 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 50.0% of cases where such amendments are filed. This entry rate is in the 71% 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.

Petition Practice

When applicants file petitions regarding this examiner's actions, 66.7% are granted (fully or in part). This grant rate is in the 85% 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 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