Prosecution Insights
Last updated: October 01, 2026

Examiner: SCHMITT, BENJAMIN ALLYN

Tech Center 3700 • Art Units: 3792 3796

This examiner grants 8% of resolved cases

Analysis

Benjamin Allyn Schmitt examines applications in Art Unit 3792 within Tech Center 3700. He has 24 resolved cases, with a very low allowance rate pct of 8.3. This suggests an extremely difficult prosecution path for applicants. The median days to allowance is 1220, reflecting the time required to navigate his examination process. With only 24 cases, the 8.3 allowance rate pct indicates that grants are rare and likely require significant effort.

However, the interview lift pct of 40.0 offers a potential strategy for success. This high lift suggests that interviews are a critical mechanism for overcoming rejections, even when the baseline is low. Practitioners should prioritize interviews to leverage the 40.0 lift, as it represents a substantial improvement over the 8.3 baseline. The 1220-day median pendency should be factored into the overall strategy for this challenging art unit.

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

Performance Statistics

8.3%
Allow Rate
-61.7% vs TC avg
78
Total Applications
+40.0%
Interview Lift
1220
Avg Prosecution Days
Based on 24 resolved cases, 2023–2026

Rejection Statute Breakdown

11.6%
§101 Eligibility
1.9%
§102 Novelty
55.3%
§103 Obviousness
27.8%
§112 Clarity

Currently Pending Office Actions

App #TitleStatusAssignee
19043997 ELECTRICAL STIMULATION CUFF LEADS WITH CONJOINED DISTAL END PORTIONS Non-Final OA Boston Scientific Neuromodulation Corporation
18804678 INTEGRATION OF RELATED PROBABILITY SHELLS INTO DEEP BRAIN STIMULATION TARGETING Non-Final OA Boston Scientific Neuromodulation Corporation
18232649 IMPLANTABLE PHOTOBIOMODULATION SYSTEMS EMPLOYING THERMAL MONITORING OR CONTROL AND METHODS OF MAKING AND USING Final Rejection Boston Scientific Neuromodulation Corporation
18126731 METHOD AND APPARATUS FOR NEUROMODULATION GUIDANCE USING SYMPTOM-WISE SENSORY PROFILE Non-Final OA Boston Scientific Neuromodulation Corporation
17785265 SYSTEMS FOR FACILITATING GUIDED TELEOPERATION OF A NON-ROBOTIC DEVICE IN A SURGICAL SPACE Final Rejection Intuitive Surgical Operations, Inc.
17728802 Strain-Sensing Systems, Indwelling Medical Devices, and Methods for Determining Physical Attributes Final Rejection Bard Access Systems, Inc.
17916150 ABLATION ZONE ASSESSMENT AND CONFIGURATION Non-Final OA KONINKLIJKE PHILIPS N.V.
19043891 ROBOTIC SURGICAL SYSTEM, CONTROL METHOD FOR ROBOTIC SURGICAL SYSTEM, AND STORAGE MEDIUM Non-Final OA KAWASAKI JUKOGYO KABUSHIKI KAISHA
18708798 Computer Implemented Method and System for Protecting a Patient Critical Firmware Function of an Implantable Medical Device Final Rejection BIOTRONIK SE & Co. KG
17800767 FEEDTHROUGH WITH INTEGRATED ELECTRODE AND MEDICAL DEVICE Final Rejection BIOTRONIK SE & Co. KG
18051271 SCANNING LASER OPHTHALMOSCOPE LASER GUIDANCE FOR LASER VITREOLYSIS Final Rejection Alcon Inc.
18207599 IMPLANTABLE MEDICAL SYSTEMS AND LEADS WITH FRINGE ELECTRODES FOR SENSING BIOMARKER SIGNALS Final Rejection MEDTRONIC, INC.
18148811 LOW-FREQUENCY TREATMENT APPARATUS, CONTROL METHOD, AND NON-TRANSITORY RECORDING MEDIUM IN WHICH CONTROL PROGRAM IS STORED Final Rejection OMRON HEALTHCARE Co., Ltd.
18089203 MOVEMENT MONITOR SENSOR Final Rejection Industrial Technology Research Institute
17604309 METHODS AND SYSTEMS FOR NEURAL REGULATION Final Rejection RESHAPE LIFESCIENCES, INC.
17801916 SYSTEMS AND METHODS FOR PREDICTING ALERTNESS Final Rejection ResMed Sensor Technologies Limited
18555998 DEVICE FOR STIMULATING THE BIOSYNTHESIS OF VITAMIN D3 Final Rejection JK-HOLDING GMBH

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