Examiner Daniel Bernstein

Grant ratio: 67.9% (38th percentile in Art Unit 3748 among examiners with at least 20 applications). Average office actions per grant: 1.81. Most common rejection type: §103.

Appears inactive Last office action in data: April 2016
Grant ratio 67.9%
Average office actions / grant 1.81
Compared with Art unit Very hard
Compared with Work group Very easy
Compared with Technology center Very easy
Compared with USPTO Very easy

Examiner record

Examiner ID
85398
Primary art unit
3748
Work group
3740
Technology center
3700
Applications
343
Granted applications
233

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Peer comparisons

GroupExaminersAverage grant ratioAverage office actions / grant
Art Unit 45 69.5% 1.72
Group 443 57.4% 1.86
Tech Center 2,685 47.8% 2.01
USPTO 16,620 51.8% 1.98

Office actions per application

Average office actions per application 1.85 633 office actions across 343 applications
Applications with office actions 100.0% 343 applications
Office actionsApplicationsShare of applications
No OA observed 0 0.0%
1 OA 184 53.6%
2 OAs 96 28.0%
3 OAs 30 8.7%
4 OAs 15 4.4%
5+ OAs 18 5.2%

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

Grant history

0.0% 25.0% 50.0% 75.0% 100.0% 2008: 33.3% 2008 2009: 31.0% 2009 2010: 60.4% 2010 2011: 83.0% 2011 2012: 73.7% 2012 2013: 84.2% 2013 2014: 76.9% 2014 2015: 65.9% 2015 2016: 100.0% 2016

Recent ratios may be lower while applications remain pending.

Yearly counts
YearApplicationsGrantsGrant rate
20089333.3%
2009421331.0%
2010482960.4%
2011534483.0%
2012574273.7%
2013383284.2%
2014524076.9%
2015412765.9%
201633100.0%

Rejections by office-action stage

Office-action stageActions observed§101§102§103§112
Action 1 343 1.2% 24.2% 68.8% 2.0%
Action 2 159 0.0% 13.8% 82.4% 0.6%
Action 3 63 0.0% 3.2% 95.2% 1.6%
Action 4 33 0.0% 3.0% 90.9% 3.0%
Action 5 18 0.0% 5.6% 88.9% 5.6%
Action 6 10 0.0% 0.0% 90.0% 10.0%
Action 7 6 0.0% 0.0% 83.3% 16.7%
Action 8 1 0.0% 0.0% 100.0% 0.0%

Section 101 rejections

Last 3 years N/A 0 of 0 office actions
All years 0.6% 4 of 633 office actions
Change N/A Percentage points

Last 3 years: 2023-10-23–2026-10-23. All years includes every dated office action in the data.

By year

0.0%
0.0%
0.0%
0.0%
1.0%
2.8%
2014: Alice
0.0%
1.8%
0.0%

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

PTAB appeals

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

Full reversal rate
0.0% 0/2 decisions
Full or partial reversal rate
50.0% 1/2 decisions
Median appeal duration
26.4 months
New grounds of rejection
0
Recent decisions
DecisionApplicationOutcomeIssues
Jan. 31, 2014 11/985,842 Affirmed N/A
Dec. 26, 2013 10/575,036 Affirmed in part N/A

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 Oct. 30, 2026.

Job History

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