USPTO Examiner XU JUSTIN - Art Unit 3791

Examiner XU, JUSTIN - Prosecution Strategy Guide

Executive Summary

Examiner XU, JUSTIN works in Art Unit 3791 and has examined 173 patent applications in our dataset. With an allowance rate of 56.6%, this examiner allows applications at a lower rate than most examiners at the USPTO. Applications typically reach final disposition in approximately 43 months.

Allowance Patterns

Examiner XU, JUSTIN's allowance rate of 56.6% places them in the 11% 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 XU, JUSTIN receive 2.59 office actions before reaching final disposition. This places the examiner in the 87% percentile for office actions issued. This examiner issues more office actions than most examiners, which may indicate thorough examination or difficulty in reaching agreement with applicants.

Prosecution Timeline

The median time to disposition (half-life) for applications examined by XU, JUSTIN is 43 months. This places the examiner in the 4% 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 +37.4% benefit to allowance rate for applications examined by XU, JUSTIN. This interview benefit is in the 87% 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 19.8% of cases where such amendments are filed. This entry rate is in the 16% percentile among all examiners. Strategic Recommendation: This examiner rarely enters after-final amendments compared to other examiners. You should generally plan to file an RCE or appeal rather than relying on after-final amendment entry. Per MPEP § 714.12, primary examiners have discretion in entering after-final amendments, and this examiner exercises that discretion conservatively.

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 55.6% of appeals filed. This is in the 23% percentile among all examiners. Of these withdrawals, 20.0% 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, 63.6% are granted (fully or in part). This grant rate is in the 80% 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 44% 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 43% 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