Prosecution Insights
Last updated: October 26, 2026

David E Smith, USPTO Patent Examiner

Listed by the USPTO as SMITH, DAVID E

Tech Center 2800 • Art Units: 2828 2881

This examiner grants 85% of resolved cases

Analysis

SMITH, DAVID E works in Tech Center 2800 and Art Unit 2828. He has 1087 resolved cases, an 85.3% allowance rate, and a 6.9% interview lift. The median time to allowance is 754 days.

His listed companies are ASML Holding N.V., Dh Technologies Development Pte. Ltd., and Stanley Electric Co., Ltd. His listed firms are Potomac Law Group, PLLC - AB Sciex, Adler Pollock & Sheehan P.C., and ARENTFOX SCHIFF LLP. The allowance rate and median time provide favorable signals for applicants evaluating expected outcome and timing, while the modest interview lift suggests interviews may play a less central role.

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

Performance Statistics

85.3%
Allow Rate
+17.3% vs TC avg
1,121
Total Applications
+6.9%
Interview Lift
754
Avg Prosecution Days
Based on 1087 resolved cases, 2023–2026

Rejection Statute Breakdown

1.9%
§101 Eligibility
18.9%
§102 Novelty
53.2%
§103 Obviousness
18.4%
§112 Clarity

Currently Pending Office Actions

App #TitleStatusAssignee
18719916 Charged Particle Beam Device Final Rejection Hitachi High-Tech Corporation
18910626 SELF-DIFFERENTIAL CONFOCAL TILT SENSOR FOR MEASURING LEVEL VARIATION IN CHARGED PARTICLE BEAM SYSTEM Non-Final OA ASML Netherlands B.V.
18724551 ELEMENT OF AN AFM TOOL Final Rejection ASML Netherlands B.V.
18568628 CHARGED PARTICLE DETECTOR ASSEMBLY Final Rejection ASML NETHERLANDS B.V.
17964783 ENERGY BAND-PASS FILTERING FOR IMPROVED HIGH LANDING ENERGY BACKSCATTERED CHARGED PARTICLE IMAGE RESOLUTION Non-Final OA ASML Netherlands B.V.

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Frequently Asked Questions

What is examiner David E Smith's allowance rate?

85.3% of resolved applications examined by David E Smith were allowed (1,087 resolved cases), compared with 64.7% across Art Unit 2828 over the last five years.

Does an interview help with examiner David E Smith?

This examiner's interview lift is +6.9 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 E Smith take to allow a patent?

Applications allowed by David E Smith took 754 days on average from filing to allowance.

Which art unit does examiner David E Smith work in?

David E Smith examines applications in Art Unit 2828 in Tech Center 2800 (Semiconductors, Circuits & Optics).

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