Prosecution Insights
Last updated: October 26, 2026

Avery E Smale, USPTO Patent Examiner

Listed by the USPTO as SMALE, AVERY E

Tech Center 3700 • Art Units: 3781 3783 3795

This examiner grants 73% of resolved cases

Analysis

SMALE, AVERY E works in Tech Center 3700 and Art Unit 3781. The record includes 212 resolved cases, a 72.6% allowance rate, and an 18.4% interview lift. The median time to allowance is 1251 days.

Listed companies include Insulet Corporation, Medtrum Technologies Inc., and Cardinal Health Inc. Listed firms are Goodwin Procter LLP, JCIP GLOBAL INC., and Maschoff Brennan (OC)(BD). The allowance rate and interview lift provide separate signals for applicants evaluating both claim presentation and interview-focused prosecution tactics.

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

Performance Statistics

72.6%
Allow Rate
+2.6% vs TC avg
266
Total Applications
+18.4%
Interview Lift
1251
Avg Prosecution Days
Based on 212 resolved cases, 2023–2026

Rejection Statute Breakdown

0.3%
§101 Eligibility
27.0%
§102 Novelty
46.9%
§103 Obviousness
24.6%
§112 Clarity

Currently Pending Office Actions

App #TitleStatusAssignee
17731155 Steerable Devices for Fiber Enabled Medical Systems Non-Final OA Bard Access Systems, Inc.
17009910 CONTROL APPARATUS FOR MEDICAL DEVICE AND METHOD OF CONTROLLING FLOW RATE OF FLUID Non-Final OA TERUMO KABUSHIKI KAISHA
18037363 Drug Delivery Device with Container Holder Final Rejection Becton, Dickinson and Company
16967383 SYSTEMS, APPARATUSES AND METHODS FOR OCCLUSION DETECTION USING PUMP OPERATION MEASUREMENT Non-Final OA Becton, Dickinson and Company

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Frequently Asked Questions

What is examiner Avery E Smale's allowance rate?

72.6% of resolved applications examined by Avery E Smale were allowed (212 resolved cases), compared with 50.6% across Art Unit 3781 over the last five years.

Does an interview help with examiner Avery E Smale?

This examiner's interview lift is +18.4 percentage points: the difference in allowance rate between resolved applications that had an examiner interview and those that did not.

How long does examiner Avery E Smale take to allow a patent?

Applications allowed by Avery E Smale took 1,251 days on average from filing to allowance.

Which art unit does examiner Avery E Smale work in?

Avery E Smale examines applications in Art Unit 3781 in Tech Center 3700 (Medical Devices & Mechanical Engineering).

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