Prosecution Insights
Last updated: October 26, 2026

David P Merlino, USPTO Patent Examiner

Listed by the USPTO as MERLINO, DAVID P

Tech Center 3600 • Art Units: 3661 3665 3669

This examiner grants 71% of resolved cases

Analysis

MERLINO, DAVID P is assigned to tech center 3600 and art unit 3661. The record contains 463 resolved cases, with a 71.1% allowance rate. The interview lift is 10.6%, showing a positive but more limited association with allowance than the profile's overall allowance measure. The median time to allowance is 964 days.

Oshkosh Corporation, Komatsu Ltd., and Hitachi Ltd. appear among the listed companies. The listed firms are FOLEY & LARDNER LLP, FAEGRE DRINKER BIDDLE & REATH LLP (DC), and Cantor Colburn LLP - General Motors. The allowance figure is the most prominent outcome signal in this record, while the interview measure suggests that interviews may be useful but should be integrated with claim drafting and written responses. The case volume supports practical use of the profile for prosecution planning.

Written from this page's own data; every figure is computed from USPTO records and verified before publication.

Performance Statistics

71.1%
Allow Rate
+19.1% vs TC avg
489
Total Applications
+10.6%
Interview Lift
964
Avg Prosecution Days
Based on 463 resolved cases, 2023–2026

Rejection Statute Breakdown

12.3%
§101 Eligibility
20.3%
§102 Novelty
36.5%
§103 Obviousness
29.2%
§112 Clarity

Currently Pending Office Actions

App #TitleStatusAssignee
18894073 CONTROL SYSTEM AND CONTROL DEVICE Non-Final OA SUBARU CORPORATION
18971715 VEHICLE CONTROL DEVICE, CONTROL METHOD, AND STORAGE MEDIUM Final Rejection TOYOTA JIDOSHA KABUSHIKI KAISHA
18987662 COMPUTER SYSTEM AND METHOD FOR ELECTRICALLY PROPELLED VEHCILE Non-Final OA VOLVO TRUCK CORPORATION
18841681 IMPROVED OVERTAKING MANEUVER FOR OVERTAKING A PRECEDING THIRD PARTY VEHICLE Non-Final OA VALEO SCHALTER UND SENSOREN GMBH
18998757 WORK MACHINE SYSTEM AND METHOD FOR CONTROLLING WORK MACHINE Final Rejection KOMATSU LTD.
18994733 WORK MACHINE, SYSTEM INCLUDING WORK MACHINE, AND METHOD FOR CONTROLLING WORK MACHINE Non-Final OA KOMATSU LTD.
19107899 VEHICLE CONTROL APPARATUS, VEHICLE CONTROL METHOD, AND VEHICLE CONTROL SYSTEM Non-Final OA Hitachi Astemo, Ltd.
18730246 VEHICLE MOVEMENT CONTROL DEVICE AND VEHICLE MOVEMENT CONTROL METHOD Final Rejection Hitachi Astemo, Ltd.
18766759 LONGITUDINAL VELOCITY PLANNING FOR LANE CHANGE MANEUVERS Non-Final OA GM Global Technology Operations LLC

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Frequently Asked Questions

What is examiner David P Merlino's allowance rate?

71.1% of resolved applications examined by David P Merlino were allowed (463 resolved cases), compared with 77.3% across Art Unit 3661 over the last five years.

Does an interview help with examiner David P Merlino?

This examiner's interview lift is +10.6 percentage points: the difference in allowance rate between resolved applications that had an examiner interview and those that did not.

How long does examiner David P Merlino take to allow a patent?

Applications allowed by David P Merlino took 964 days on average from filing to allowance.

Which art unit does examiner David P Merlino work in?

David P Merlino examines applications in Art Unit 3661 in Tech Center 3600 (Transportation, E-Commerce & Mechanical Systems).

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