Examiner Phyllis G. Spivack

Grant ratio: 47.1% (94th percentile in Art Unit 1614 among examiners with at least 20 applications). Average office actions per grant: 2.39. Most common rejection type: §103.

Appears inactive Last office action in data: November 2012
Grant ratio 47.1%
Average office actions / grant 2.39
Compared with Art unit About average
Compared with Work group Very easy
Compared with Technology center About average
Compared with USPTO Very hard

Examiner record

Examiner ID
70400
Primary art unit
1614
Work group
1610
Technology center
1600
Applications
289
Granted applications
136

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Peer comparisons

GroupExaminersAverage grant ratioAverage office actions / grant
Art Unit 15 17.0% 1.87
Group 217 31.1% 2.42
Tech Center 1,373 38.0% 2.02
USPTO 16,475 52.7% 1.98

Office actions per application

Average office actions per application 2.04 590 office actions across 289 applications
Applications with office actions 100.0% 289 applications
Office actionsApplicationsShare of applications
No OA observed 0 0.0%
1 OA 137 47.4%
2 OAs 70 24.2%
3 OAs 43 14.9%
4 OAs 22 7.6%
5+ OAs 17 5.9%

Each application is counted once. “5+” includes all higher counts.

Grant history

0.0% 25.0% 50.0% 75.0% 100.0% 2008: 19.1% 2008 2009: 48.5% 2009 2010: 44.0% 2010 2011: 63.3% 2011 2012: 59.0% 2012

Recent ratios may be lower while applications remain pending.

Yearly counts
YearApplicationsGrantsGrant rate
200847919.1%
2009683348.5%
2010753344.0%
2011603863.3%
2012392359.0%

Rejections by office-action stage

Office-action stageActions observed§101§102§103§112
Action 1 289 0.7% 17.6% 50.9% 22.8%
Action 2 152 0.0% 9.2% 59.2% 23.7%
Action 3 82 0.0% 9.8% 65.9% 20.7%
Action 4 39 0.0% 10.3% 74.4% 12.8%
Action 5 17 0.0% 5.9% 58.8% 5.9%
Action 6 7 0.0% 0.0% 71.4% 14.3%
Action 7 4 0.0% 0.0% 75.0% 25.0%

Section 101 rejections

Last 3 years N/A 0 of 0 office actions
All years 0.3% 2 of 590 office actions
Change N/A Percentage points

Last 3 years: 2023-08-28–2026-08-28. All years includes every dated office action in the data.

By year

0.0%
0.0%
1.3%
0.0%
0.0%

Each bar is the percentage of office actions with a §101 rejection.

PTAB appeals

Matched decisions: 3. Merits outcomes: 1 affirmed, 0 affirmed in part, and 2 reversed.

Full reversal rate
66.7% 2/3 decisions
Full or partial reversal rate
66.7% 2/3 decisions
Median appeal duration
16.6 months
New grounds of rejection
0
Recent decisions
DecisionApplicationOutcomeIssues
Jul. 31, 2012 10/846,822 Affirmed §103
Mar. 2, 2011 11/882,109 Reversed N/A
Aug. 10, 2010 11/326,957 Reversed §103

The examiner match uses the last recorded office action before the decision. Reversal rates exclude rehearings, remands, dismissals, and other decisions that did not reach the merits. Data through Aug. 27, 2026.

Job History

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