USPTO Examiner NGUYEN HIEN NGOC - Art Unit 3798

Examiner NGUYEN, HIEN NGOC - Prosecution Strategy Guide

Executive Summary

Examiner NGUYEN, HIEN NGOC works in Art Unit 3798 and has examined 101 patent applications in our dataset. With an allowance rate of 74.3%, this examiner has a below-average tendency to allow applications. Applications typically reach final disposition in approximately 31 months.

Allowance Patterns

Examiner NGUYEN, HIEN NGOC's allowance rate of 74.3% places them in the 31% percentile among all USPTO examiners. This examiner has a below-average tendency to allow applications.

Office Action Patterns

On average, applications examined by NGUYEN, HIEN NGOC receive 2.46 office actions before reaching final disposition. This places the examiner in the 84% 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 NGUYEN, HIEN NGOC is 31 months. This places the examiner in the 39% percentile for prosecution speed. Prosecution timelines are slightly slower than average with this examiner.

Interview Effectiveness

Conducting an examiner interview provides a +55.8% benefit to allowance rate for applications examined by NGUYEN, HIEN NGOC. This interview benefit is in the 96% 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, 24.1% of applications are subsequently allowed. This success rate is in the 25% 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 23.6% of cases where such amendments are filed. This entry rate is in the 23% 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, 100.0% result in withdrawal of the rejection or reopening of prosecution. This success rate is in the 76% percentile among all examiners. Strategic Recommendation: Pre-appeal conferences are highly effective with this examiner compared to others. Before filing a full appeal brief, strongly consider requesting a PAC. The PAC provides an opportunity for the examiner and supervisory personnel to reconsider the rejection before the case proceeds to the PTAB.

Appeal Withdrawal and Reconsideration

This examiner withdraws rejections or reopens prosecution in 77.8% of appeals filed. This is in the 66% percentile among all examiners. Of these withdrawals, 28.6% occur early in the appeal process (after Notice of Appeal but before Appeal Brief). Strategic Insight: This examiner shows above-average willingness to reconsider rejections during appeals. The mandatory appeal conference (MPEP § 1207.01) provides an opportunity for reconsideration.

Petition Practice

When applicants file petitions regarding this examiner's actions, 38.1% are granted (fully or in part). This grant rate is in the 35% percentile among all examiners. Strategic Note: Petitions show below-average success regarding this examiner's actions. Ensure you have a strong procedural basis before filing.

Examiner Cooperation and Flexibility

Examiner's Amendments: This examiner makes examiner's amendments in 2.0% of allowed cases (in the 77% 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 5.3% of allowed cases (in the 80% percentile). Per MPEP § 714.14, a Quayle action indicates that all claims are allowable but formal matters remain. This examiner frequently uses Quayle actions compared to other examiners, which is a positive indicator that once substantive issues are resolved, allowance follows quickly.

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