USPTO Examiner MARLEN TAMMIE K - Art Unit 3796

Examiner MARLEN, TAMMIE K - Prosecution Strategy Guide

Executive Summary

Examiner MARLEN, TAMMIE K works in Art Unit 3796 and has examined 88 patent applications in our dataset. With an allowance rate of 83.0%, this examiner has an above-average tendency to allow applications. Applications typically reach final disposition in approximately 39 months.

Allowance Patterns

Examiner MARLEN, TAMMIE K's allowance rate of 83.0% places them in the 56% percentile among all USPTO examiners. This examiner has an above-average tendency to allow applications.

Office Action Patterns

On average, applications examined by MARLEN, TAMMIE K receive 2.72 office actions before reaching final disposition. This places the examiner in the 80% 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 MARLEN, TAMMIE K is 39 months. This places the examiner in the 28% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +11.5% benefit to allowance rate for applications examined by MARLEN, TAMMIE K. This interview benefit is in the 46% percentile among all examiners. Recommendation: Interviews provide a below-average benefit with this examiner.

Request for Continued Examination (RCE) Effectiveness

When applicants file an RCE with this examiner, 24.2% of applications are subsequently allowed. This success rate is in the 35% 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 33.3% of cases where such amendments are filed. This entry rate is in the 50% 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, 75.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 61% percentile among all examiners. Strategic Recommendation: Pre-appeal conferences show above-average effectiveness with this examiner. If you have strong arguments, a PAC request may result in favorable reconsideration.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 59.1% of appeals filed. This is in the 34% percentile among all examiners. Of these withdrawals, 30.8% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner shows below-average willingness to reconsider rejections during appeals. Be prepared to fully prosecute appeals if filed.

Petition Practice

When applicants file petitions regarding this examiner's actions, 52.6% are granted (fully or in part). This grant rate is in the 53% percentile among all examiners. Strategic Note: Petitions show above-average success regarding this examiner's actions. Petitionable matters include restriction requirements (MPEP § 1002.02(c)(2)) and various procedural issues.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 8.0% of allowed cases (in the 91% 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 0.0% of allowed cases (in the 51% percentile). This examiner issues Quayle actions more often than average when claims are allowable but formal matters remain (MPEP § 714.14).

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