Examiner Daniel Emerson Miller

Grant ratio: 29.9% (59th percentile in Art Unit 2148 among examiners with at least 20 applications). Average office actions per grant: 2.54. Most common rejection type: §103.

Recently active Last office action in data: August 2026
Grant ratio 29.9%
Average office actions / grant 2.54
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
95813
Primary art unit
2148
Work group
2140
Technology center
2100
Applications
87
Granted applications
26
Examiner phone
(408) 918-7548

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Peer comparisons

GroupExaminersAverage grant ratioAverage office actions / grant
Art Unit 17 28.4% 2.06
Group 177 32.8% 2.41
Tech Center 1,781 52.8% 2.19
USPTO 16,475 52.7% 1.98

Office actions per application

Average office actions per application 2.51 233 office actions across 93 applications
Applications with office actions 100.0% 93 applications
Office actionsApplicationsShare of applications
No OA observed 0 0.0%
1 OA 36 38.7%
2 OAs 22 23.7%
3 OAs 8 8.6%
4 OAs 16 17.2%
5+ OAs 11 11.8%

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

Grant history

0.0% 25.0% 50.0% 75.0% 100.0% 2021: 38.5% 2021 2022: 53.3% 2022 2023: 38.5% 2023 2024: 40.0% 2024 2025: 0.0% 2025 2026: 0.0% 2026

Recent ratios may be lower while applications remain pending.

Yearly counts
YearApplicationsGrantsGrant rate
202113538.5%
202215853.3%
202313538.5%
202420840.0%
20251300.0%
20261300.0%

Rejections by office-action stage

Office-action stageActions observed§101§102§103§112
Action 1 93 2.2% 11.8% 81.7% 3.2%
Action 2 57 1.8% 7.0% 89.5% 0.0%
Action 3 35 0.0% 8.6% 91.4% 0.0%
Action 4 27 0.0% 0.0% 92.6% 3.7%
Action 5 11 0.0% 0.0% 100.0% 0.0%
Action 6 7 0.0% 0.0% 100.0% 0.0%
Action 7 3 0.0% 0.0% 100.0% 0.0%

Section 101 rejections

Last 3 years 0.0% 0 of 99 office actions
All years 1.3% 3 of 233 office actions
Change -1.3 pts 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%
5.4%
1.7%
0.0%
2024: AI examples
0.0%
2025: August memo
0.0%
0.0%

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

PTAB appeals

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

Full reversal rate
0.0% 0/2 decisions
Full or partial reversal rate
0.0% 0/2 decisions
Median appeal duration
9.5 months
New grounds of rejection
0
Recent decisions
DecisionApplicationOutcomeIssues
Dec. 15, 2025 16/916,928 Affirmed §103 · §112 · §120
Oct. 21, 2025 16/379,189 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.

Job History

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