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[speed51133]

how much would you like to bet im not allowed to text search?
a few weeks ago my spe WALKED into my office, and held up a piece of art i turned in along with my rejection, and said "how did you find this case? You text searched diddnt you?! you know how i feel about text searching, take the case back, and re search teh ENTIRE subclasses"

she found out i had used a text search because the case i used was from a different subclass. i was text searching prior to saving my search in east, then  opening up a new file so there woudl be no record. i have given up on that, it just takes too long. in out art unit meetings she has slammed her hand on the table saying NO TEXT SEARCHING! and that she KNOWS who does it, and our efforts to hide it are useless!

i mean its very clear, not hidden, and im not the only one. i DO know others have devised crazy means to hide it from beign on record. ive given up and have tried to paly her game. this is only ONE factor that makes the job so hard. it is a big one though.

EDIT:
http://www.intelproplaw.com/ip_forum/index.php/topic,1421.2880.html

i posted my entire experience here. i almost feel like posting names and places, because it 100% factual, and im not bad mouthing, just saying what happens.

[xmnr]

"NO TEXT SEARCHING! and that she KNOWS who does it, and our efforts to hide it are useless!"

and

have been told verbatim "this is XXXXXXX (my technology), there isnt anything patentable, its all been done!"

If your allegations are true, your SPE needs to be removed from her post.  But, if you're going to get fired or quit, you might as well try to fix the situation before you leave.  Just be careful.

STIC offers a free search training, why not email STIC and CC your boss requesting an appointment to learn how to do text searching correctly so that your boss will allow you to do text searches, and mention to your boss that you CC'd her so that anyone else in the art unit she feels might benefit from learning to text search could also join in.

If you manage to find a reference in a text search that could not have been found in a subclass search, why not email your boss and ask explicitly if you can use that reference although it would not have been found in the subclass search even though you were instructed not to text search under any circumstances.  Browse through chapter 900 of the MPEP for support for using text searching.

You should record what cases you posted to her and how long it took until she looked at them.

My point: get whatever is said on the record.  Statements like "there isnt anything patentable, its all been done!" worry me greatly since it shows she is unwilling to follow the statutory laws set in place to make this determination.  She may be making your life difficult, but more importantly she may be denying Applicants their right to patentable subject matter.

Add to all this, that if I post a case after meeting with my spe, it usually doesnt get either counted or kicked back to me for 2 biweeks, sometimes more. At one point I had about 14 cases posted on my console in oacs. I post maybe 4 a biweek. I was getting ZERO counts for a few biweeks. I asked my spe what the deal was, and she apologised saying shes been busy, and wont hold it against me,

Except she will hold it against you when the Director notices your 0% production and demands the SPE take action.  She's going to cover her butt and blame you before she admits she was incapable or too busy to do her job.  Since you're within the 2 year probationary period, you can be fired at any time without reason.  Yes, it's not fair.  Yes, getting fired from a government job looks very bad if you apply for a different position within the government in the future.  Keep a copy of your (friendly!) two weeks notice handy in case she tries to ax you.

Good luck.

P.S. This job sucks, your friends just haven't had to realize it yet.

[klaviernista]

Iphone's are great for recording coversations.  As are various other non-descript devices.  I suggest you record some of these comments, and go to your director.  If your director doesn't help, go to another director or at least another SPE and ask for guidance.

Someone needs to remind your SPE that she works for the U.S. Patent and Trademark Office, not the U.S. Rejection Office. 

[mk1023]

I worked for two years as an examiner Elkie in the refrigeration art and loved it.

Bolded part pretty much gives away the AU and SPE at issue here.

I actually used to play soccer with someone from that AU. I checked his name and he has actually had 10 patents issued with his name (about half by each of the two SPEs). Coincidentally though he left the PTO last summer because he was miserable.

[JustAnotherExaminer]

Iphone's are great for recording coversations.  As are various other non-descript devices.  I suggest you record some of these comments, and go to your director.  If your director doesn't help, go to another director or at least another SPE and ask for guidance.

Someone needs to remind your SPE that she works for the U.S. Patent and Trademark Office, not the U.S. Rejection Office. 

Recording audio communications between USPTO personnel is strictly against policy and will have you fired pretty much instantaneously.

If you're going head-to-head with and your SPE is dicking you around, document EVERYTHING they tell you and do.  Have a 5 minute conversation with them? Write down everything that is said, date and time stamp it. Create a huge journal that documents all your interactions.  Write down application #s, attach reference sheets, etc. Luckily OACS timestamps everything so you can easily identify and prove when a SPE kicks back work.  Reviewing the work of a junior examiner >1week after it is submitted for review is unreasonable.

At the end of the FY or whatever, you have something to fall back on.  You can show this huge journal to the director and just say "Your consider this reasonable?" This is the ONLY way to win against a manipulative and unreasonable SPE.

[klaviernista]

Recording audio communications between USPTO personnel is strictly against policy and will have you fired pretty much instantaneously.

If you're going head-to-head with and your SPE is dicking you around, document EVERYTHING they tell you and do.

Given PTO policy, this is obviously better advice, and directly in line with my prior suggestion.  The point is to give you some evidence to back up your allegations. To quote Sun Tzu, "Invincibility lies in the defence; the possibility of victory in the attack."

[speed51133]

no offense, but im not going to plan on how to keep my job be reading "art of war" or some other ancient chineese manual.

im planning to grab lunch with a popa rep this week, and just explain my situation and see what he says. i think its a decent step one. if that gets me nowhere, ill go to the director.

[MYK]

As Mel, the cook on 'Alice', says, "The best defense is a strong offense."  Screw that Tai Kwon Leep stuff.

[klaviernista]

no offense, but im not going to plan on how to keep my job be reading "art of war" or some other ancient chineese manual.

im planning to grab lunch with a popa rep this week, and just explain my situation and see what he says. i think its a decent step one. if that gets me nowhere, ill go to the director.

Suit yourself  But I suspect that your POPA rep will either want to see some documentation to back up your claim, or will counsel you to document your experiences before going to the director. 

Good luck,

-Klav

[johnnydamon]

how much would you like to bet im not allowed to text search?
a few weeks ago my spe WALKED into my office, and held up a piece of art i turned in along with my rejection, and said "how did you find this case? You text searched diddnt you?! you know how i feel about text searching, take the case back, and re search teh ENTIRE subclasses"

she found out i had used a text search because the case i used was from a different subclass. i was text searching prior to saving my search in east, then  opening up a new file so there woudl be no record. i have given up on that, it just takes too long. in out art unit meetings she has slammed her hand on the table saying NO TEXT SEARCHING! and that she KNOWS who does it, and our efforts to hide it are useless!

i mean its very clear, not hidden, and im not the only one. i DO know others have devised crazy means to hide it from beign on record. ive given up and have tried to paly her game. this is only ONE factor that makes the job so hard. it is a big one though.

EDIT:
http://www.intelproplaw.com/ip_forum/index.php/topic,1421.2880.html

i posted my entire experience here. i almost feel like posting names and places, because it 100% factual, and im not bad mouthing, just saying what happens.

text search in google patents and make sure anything you use matches up with the subclasses you have in east.  won't change the crappy spe, but will make the job a little easier

[joejoecor]

    On an up note, after reading patents for 2 years, 7 days a week, 15 hours a day, covering art over 3 complete classes, I had a conversation with a seat mate on a flight recently and I had his ear for the 1.5 hour flight and I actually sounded knowledgeable for once. You do learn some fascinating technologies reading patents constantly.
     I am now embarking on a research and devolopment position with the civilian army (research and design: my dream) and will be making extra stash moonlighting with IP prosecution. The person who said it will turn out for the best I believe was correct. The USPTO can be a brutal life style, even as a primary. location location location (in the art classes)! My theory on the USPTO culture problems stems from the bonus structure. And regarding the hours an examiner receives to complete a case, I would at least partially base this rate on the class diversity your are experiencing in your primary and secondary references used in your last 20 cases. I say this because I was given the same amount of hours to complete a case as an examiner with about the same amount of time who reveived only cases from a sliver of one class versus my docket receiving applications from all subcclasses across three full classes. This is where your SPE can do the most damage. I wasn't making much traction in accelerating to a higher searching speed and that is the name of the game.   

[speed51133]

BACK FROM THE DEAD...
I now work as an attorney at a law firm!

just thought I'd let you all know 

[Oh, Crud]

BACK FROM THE DEAD...
I now work as an attorney at a law firm!

just thought I'd let you all know 

Lazarus, `zat you?

Congrats on the new job.  Why'd you make the jump?  Last we heard you had a new unit/SPE that was working out well.