Prosecution Insights
Last updated: October 02, 2026

Examiner: SMALE, AVERY E

Tech Center 3700 • Art Units: 3781 3783 3795

This examiner grants 74% of resolved cases

Analysis

Avery E. Smale, in Art Unit 3781, has 209 resolved cases. The allowance rate is 74.2%, and the median days to allowance is 1247. These metrics suggest a generally positive environment for applicants in Tech Center 3700. The 209 cases provide a solid foundation for understanding the examiner's tendencies.

The interview lift of 21.2% is significant. It indicates that an interview can notably improve the 74.2% allowance rate. Practitioners should weigh the 1247-day timeline against the high probability of success when advising clients on their prosecution strategy. The 21.2% lift suggests that the examiner is open to discussion, which can be a key factor in navigating the 1247-day process. Direct communication is likely to be a productive use of time for cases that encounter initial rejections.

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

Performance Statistics

74.2%
Allow Rate
+4.2% vs TC avg
261
Total Applications
+21.2%
Interview Lift
1247
Avg Prosecution Days
Based on 209 resolved cases, 2023–2026

Rejection Statute Breakdown

0.3%
§101 Eligibility
26.5%
§102 Novelty
48.2%
§103 Obviousness
23.6%
§112 Clarity

Currently Pending Office Actions

App #TitleStatusAssignee
18470225 MANIFOLD DEVICES, ASSEMBLIES, AND METHODS FOR ENDOSCOPE SYSTEMS Final Rejection Boston Scientific Scimed, Inc.
17731155 Steerable Devices for Fiber Enabled Medical Systems Non-Final OA Bard Access Systems, Inc.
18470587 ADMINISTRATION REGIMENS FOR MICRONEEDLE PATCH DEVICES FOR DELIVERY OF IMMUNOGENIC COMPOSITIONS Non-Final OA Georgia Tech Research Corporation
18279118 DIAPHRAGM FOR A BREAST PUMP AND A BREAST PUMP HAVING THE DIAPHRAGM Final Rejection KONINKLIJKE PHILIPS N.V.
18014616 A Hybrid Bioscaffold-Intravascular Catheter for Cellular Therapies Non-Final OA The Board of Trustees of the Leland Stanford Junior University
18598733 SYSTEMS AND METHODS FOR GUIDED RELAY DELIVERY OF MEDICATION Non-Final OA CAREFUSION 303, INC.
18486590 CHECK VALVES Non-Final OA CareFusion 303, Inc.
18535344 GASEOUS SEALING MANIFOLD ASSEMBLY FOR SURGICAL GAS DELIVERY SYSTEM Final Rejection Conmed Corporation
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
18675900 PREDICTION OF MEAL AND/OR EXERCISE EVENTS BASED ON PERSISTENT RESIDUALS Non-Final OA INSULET CORPORATION
18390450 CONTAINMENT, ACTIVATION, DEPLOYMENT, AND INTEGRATED FUNCTIONS OF FLEXIBLE, SLENDER ELEMENTS Final Rejection INSULET CORPORATION
17742998 METHODS AND DEVICES FOR DETERMINING FLUID DELIVERY PUMP INFORMATION Final Rejection Insulet Corporation
18606481 Infusion Set and Inserter Assembly Apparatuses, Systems, and Methods Non-Final OA DEKA Products Limited Partnership
18606463 Infusion Set and Inserter Assembly Apparatuses, Systems, and Methods Non-Final OA DEKA Products Limited Partnership
17896395 INFUSION SET AND INSERTER ASSEMBLY APPARATUSES, SYSTEMS, AND METHODS Non-Final OA DEKA Products Limited Partnership
18001756 OPEN SURGERY PATIENT INTERFACE Non-Final OA Fisher & Paykel Healthcare Limited
18269963 DRUG INFUSION DEVICE WITH EMBEDDED POWER SUPPLY Non-Final OA MEDTRUM TECHNOLOGIES INC.
18022524 CLOSED-LOOP ARTIFICIAL PANCREAS INSULIN INFUSION CONTROL SYSTEM Final Rejection MEDTRUM TECHNOLOGIES INC.
17048879 A MEDICAL DEVICE FOR DEPLOYING A CATHETER THAT CAN BE OPERATED WITH A SINGLE HAND, AND A METHOD Final Rejection Wake Forest University Health Sciences
17026050 SYSTEMS AND METHODS FOR PRECISION MATCHED IMMUNOGLOBULIN INFUSION Final Rejection INNOVATIVE HEALTH SCIENCES, LLC

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