Examiner Brian M Smith

Grant ratio: 37.2% (52nd percentile in Art Unit 2122 among examiners with at least 20 applications). Average office actions per grant: 2.83. Most common rejection type: §103.

Recently active Last office action in data: August 2026
Grant ratio 37.2%
Average office actions / grant 2.83
Compared with Art unit About average
Compared with Work group Very hard
Compared with Technology center Very hard
Compared with USPTO Very hard

Examiner record

Examiner ID
92919
Primary art unit
2122
Work group
2120
Technology center
2100
Applications
293
Granted applications
109
Examiner phone
(469) 295-9104
Supervisor
Kakali Chaki
Supervisor phone
(571) 272-3719

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Peer comparisons

GroupExaminersAverage grant ratioAverage office actions / grant
Art Unit 35 37.0% 2.00
Group 333 45.2% 1.98
Tech Center 1,781 52.8% 2.19
USPTO 16,475 52.7% 1.98

Office actions per application

Average office actions per application 2.58 757 office actions across 293 applications
Applications with office actions 81.6% 239 applications
Office actionsApplicationsShare of applications
No OA observed 54 18.4%
1 OA 37 12.6%
2 OAs 71 24.2%
3 OAs 40 13.7%
4 OAs 49 16.7%
5+ OAs 42 14.3%

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

Grant history

0.0% 25.0% 50.0% 75.0% 100.0% 2016: 44.4% 2016 2017: 8.0% 2017 2018: 37.5% 2018 2019: 56.7% 2019 2020: 57.1% 2020 2021: 67.7% 2021 2022: 72.7% 2022 2023: 48.6% 2023 2024: 69.2% 2024 2025: 12.2% 2025 2026: 0.0% 2026

Recent ratios may be lower while applications remain pending.

Yearly counts
YearApplicationsGrantsGrant rate
20169444.4%
20172528.0%
201824937.5%
2019301756.7%
2020281657.1%
2021312167.7%
202211872.7%
2023371848.6%
202413969.2%
202541512.2%
20264400.0%

Rejections by office-action stage

Office-action stageActions observed§101§102§103§112
Action 1 239 2.9% 5.4% 69.5% 3.8%
Action 2 202 11.4% 7.4% 67.3% 5.4%
Action 3 131 13.0% 3.1% 72.5% 3.1%
Action 4 91 9.9% 1.1% 78.0% 6.6%
Action 5 42 7.1% 0.0% 90.5% 0.0%
Action 6 32 3.1% 0.0% 90.6% 0.0%
Action 7 10 20.0% 0.0% 70.0% 10.0%
Action 8 4 75.0% 0.0% 0.0% 25.0%
Action 9 3 66.7% 0.0% 0.0% 33.3%
Action 10 2 100.0% 0.0% 0.0% 0.0%

Section 101 rejections

Last 3 years 9.3% 17 of 183 office actions
All years 9.2% 70 of 757 office actions
Change +0.0 pts Percentage points

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

By year

5.2%
12.6%
15.0%
2019: PEG
6.5%
6.9%
3.8%
16.7%
6.9%
2024: AI examples
5.1%
2025: August memo
12.5%
11.8%

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

PTAB appeals

Matched decisions: 4. Merits outcomes: 3 affirmed, 0 affirmed in part, and 1 reversed.

Full reversal rate
25.0% 1/4 decisions
Full or partial reversal rate
25.0% 1/4 decisions
Median appeal duration
12.6 months
New grounds of rejection
0
Recent decisions
DecisionApplicationOutcomeIssues
Nov. 14, 2025 16/933,568 Reversed §101 · §102
Aug. 31, 2023 15/432,535 Affirmed §103 · §112
Aug. 23, 2023 14/983,011 Affirmed §103
Aug. 2, 2021 14/279,617 Affirmed §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.

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