Are Applicants ALWAYS Able To Survive Art Unit 2138?
Art Unit 2138 has issued patent applications for "Computer Architecture, Software, and Information Security: Memory Access and Control" at a clip of 87.5% (1626 out of 1859 cases) post-Alice. That said, are applicants ALWAYS able to survive AU 2138? Not quite. 4.4% (82 out of 1859) of AU 2138 cases finally disposed post-Alice had at least one Request for Continued Examination (RCE) but were still abandoned. Yes, that means 95.6% of cases in AU 2138 were either issued, or the applicant gave up in the first round of prosecution. Taking a slightly different approach in comparison to my previous post on how to successfully navigate AU 3689 , I hope to explain or at least hypothesize in this post how the remaining 4.4% of applications became abandoned in AU 2138 post-Alice. Where did it go wrong? Here are some data-driven tips to avoid the identified pitfalls. 1. Be Willing To Continue Examination In AU 2138 As suggested, 95.6% of cases in AU 2138 were either issue