Examiner Avery Mitchell Foley

Grant ratio: 59.2% (78th percentile in Art Unit 3791 among examiners with at least 20 applications). Average office actions per grant: 3.17. Most common rejection type: §103.

Appears inactive Last office action in data: October 2022
Grant ratio 59.2%
Average office actions / grant 3.17
Compared with Art unit About average
Compared with Work group About average
Compared with Technology center About average
Compared with USPTO About average

Examiner record

Examiner ID
94268
Primary art unit
3791
Work group
3790
Technology center
3700
Applications
152
Granted applications
90

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Peer comparisons

GroupExaminersAverage grant ratioAverage office actions / grant
Art Unit 104 35.0% 2.08
Group 334 38.9% 2.25
Tech Center 2,671 48.4% 2.01
USPTO 16,475 52.7% 1.98

Office actions per application

Average office actions per application 3.01 547 office actions across 182 applications
Applications with office actions 100.0% 182 applications
Office actionsApplicationsShare of applications
No OA observed 0 0.0%
1 OA 39 21.4%
2 OAs 48 26.4%
3 OAs 33 18.1%
4 OAs 28 15.4%
5+ OAs 34 18.7%

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

Grant history

0.0% 25.0% 50.0% 75.0% 100.0% 2018: 0.0% 2018 2019: 64.3% 2019 2020: 69.8% 2020 2021: 66.7% 2021 2022: 44.8% 2022

Recent ratios may be lower while applications remain pending.

Yearly counts
YearApplicationsGrantsGrant rate
2018900.0%
2019281864.3%
2020533769.8%
2021332266.7%
2022291344.8%

Rejections by office-action stage

Office-action stageActions observed§101§102§103§112
Action 1 182 0.5% 4.4% 92.9% 1.6%
Action 2 143 3.5% 5.6% 90.2% 0.7%
Action 3 95 1.1% 4.2% 94.7% 0.0%
Action 4 62 3.2% 0.0% 96.8% 0.0%
Action 5 34 2.9% 2.9% 94.1% 0.0%
Action 6 18 5.6% 0.0% 94.4% 0.0%
Action 7 11 0.0% 0.0% 100.0% 0.0%
Action 8 2 0.0% 0.0% 100.0% 0.0%

Section 101 rejections

Last 3 years N/A 0 of 0 office actions
All years 2.0% 11 of 547 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%
2019: PEG
2.5%
0.0%
0.0%
7.7%

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

PTAB appeals

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

Full reversal rate
100.0% 1/1 decisions
Full or partial reversal rate
100.0% 1/1 decisions
Median appeal duration
7.4 months
New grounds of rejection
0
Recent decisions
DecisionApplicationOutcomeIssues
Jul. 1, 2022 15/566,926 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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