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[john122]

I was wondering if an examiner will loose 0.25 counts (i.e., for issuing a final office action) if an Advisory Action indicates that prosecution will be reopened in light of the applicant's after-final amendment.

[mk1023]

No. They just don't get that .25 again if they go final later on.

[john122]

I understand the many reasons why examiners do not reopen prosecution after issuing a final office action, but can one of those reasons be because the 0.25 count for issuing the final office action is taken away when prosecution is reopened?

[john122]

ah, ok. thanks.

[patentatt]

I wish there was a document explaining the subtleties of the *current* count system.

For example, if an examiner issues an allowance after a reversal by the BPAI, I believe he gets a count for the examiner's answer, but not the allowance (or something like that?).

Similarly, here we find out that the examiner gets a first .25 counts for a final, but not for another final if he is previously forced to reopen.

Where is all of this spelled out?  Online?  In a form?  Can it be email to me?

[Jellothighs]

http://ipwatchdog.com/2010/02/26/uspto%E2%80%99s-new-examiner-count-system-go-into-effect/id=9310/

[patentatt]

http://ipwatchdog.com/2010/02/26/uspto%E2%80%99s-new-examiner-count-system-go-into-effect/id=9310/

That document:

1. doesn't seem to reflect subtleties like the two that I mentioned above
2. describes the "proposed" system without indicating whether any changes were made before adoption

[rmr236]

A new case (AKA non-RCE filed w/in*) is worth a maximum of 2.00 counts. As such an Examiner cannot get more than 2.00 counts on a single case (The first RCE is worth a total of 1.75, and 2nd and subsequent thereof is worth a total of 1.50).

The only time an Examiner loses any fraction of a count is a withdrawal from abandonment. If a case is withdrawn from issue by the Office I belive the Examiner is just SOL on counts for the rest of the case, though I am thankfully unsure of how that works.

* Management can now deem an RCE vital to be done and it is again worth two counts as it may be taken out of turn to be worked on next, etc.

[NJ Patent1]

Further to patentatt's post, does anyone know a way to get this information via the USPTO's website, or does one have to go the FOIA route? 

[lazyexaminer]

Further to patentatt's post, does anyone know a way to get this information via the USPTO's website, or does one have to go the FOIA route? 

There is a lot of info about examiner performance requirements and such on popa.org (the website for the examiner union, if you didn't know). They may have what you're looking for (I didn't look, I'm lazy after all, but in the past they've had that kind of stuff on there).

[trw]

Just out of curiosity, why are you so concerned about the examiner losing 0.25 counts?  Examiners primarily are motivated by doing first actions and disposals (i.e., allowances and abandonments), for which the most counts are awarded.  A quarter count here and there for final actions is just not that big of a deal. 

Re-opening prosecution, however, is really annoying because that means doing a substantive office action without getting any counts at all.