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Live exampleOne real examiner, identified by role and Law Office only: the profile subscribers open. Every figure is computed from public USPTO records.

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Law Office M70·Active·Examining since 1991

A senior examiner

20,007 applications analyzed·last OA Oct 30, 2026

18.5%−5.7pp vs corpsSubstantive refusalLast 2 yrsn=3,097 examinedThe base is every examined app, approvals included; substantive grounds only.41%−1.1pp vs corpsEscalates to Finaln=2,768 merits-resolved refusalsMerits-resolved = ended Final or approved; abandons with no response on file sit out.61.9%−2.1pp vs corpsWithdrawn when contestedn=2,977 contested refusalsOf contested refusals that have resolved, the share that reached approval. A refusal can go to Final and still come off, so this and "Escalates to Final" do not add to 100.
Difficulty 7 out of 10,more difficult than 60% of active examiners7/10
7/10Medium
DifficultyHow hard a refusal from this examiner is to overcome, ranked 1 to 10 against active examiners. Weighted toward post-refusal behavior; refusal frequency counts least.
Why 7/10? ▾

Winnability vs the active examining corps: how hard to overcome once refused.

Holds after a response · 35% of score

Once refused, how often they push it to a Final rather than withdraw.

near corps (−0.2σ)

Won't withdraw post-Final · 25% of score

When applicants answer a Final §2(d), how rarely the refusal comes off.

above corps (+0.6σ)

Refusal rate (basis-adjusted) · 20% of score

Refuses more than expected for their filing-basis mix.

near corps (+0.0σ)

Sticks through TTAB appeal · 12% of score

When an applicant pursues a TTAB appeal, how often the refusal sticks.

well above corps (+1.6σ)

Grinds extra rounds · 8% of score

More office-action rounds to reach resolution.

near corps (−0.1σ)

Weights renormalized over available signals.
Decile across active examiners, n≥30.

More difficult than 60% of active examiners.

Refusal groundsBase = apps with classified refusal grounds. Mechanical requirements (specimens, disclaimers, IDs) are excluded.
Independent rates, don't sum to 100%
66%§2(d) confusioncorps 64% · +2pp
30%Descriptive, surname & geo §2(e)corps 30% · ±1pp
10%Other substantivecorps 14% · −4pp

Cites two or more grounds at once on 6% of ground-classified apps.

Filing → first office actionRound-1 apps only; transfers sit out. Corps median 159 days in the same window.
Median · last 2 yrs · mostly queue time
147 days~ 4.8 months

−12 days vs corps

Examiner’s amendmentsCorps 30% in the same 2-yr window.
Share of interventions where an amendment could work · last 2 yrs
29%± 1pp vs corps

345 of 1,170 amendment-eligible interventions

Refusal rate by classA multi-class app counts in each of its classes. Ground shares don't sum to 100%. Rates publish at 25+ examined in the class, shares at 10+ classified refusals; thinner cells show –.
Colored vs the corps in the same class
ClassRefusalShare of examined apps in this class that drew a substantive refusal.§2(d)Of this class's ground-classified refused apps, the share citing §2(d).§2(e)Of this class's ground-classified refused apps, the share citing §2(e).OtherOf this class's ground-classified refused apps, the share citing Other.
Electronics & software · 009 · n=3,04327%71%28%6%
Advertising & business services · 035 · n=2,74931%67%35%4%
Education & entertainment · 041 · n=2,66528%64%37%6%
Clothing & footwear · 025 · n=2,24035%67%11%32%
Science & technology (software) · 042 · n=1,85027%67%37%4%
Insurance & financial services · 036 · n=1,07832%67%36%2%
Cosmetics & cleaning · 003 · n=97929%78%20%6%
Paper & printed matter · 016 · n=97628%53%28%25%
Pharmaceuticals · 005 · n=89627%76%26%5%
Toys, games & sporting goods · 028 · n=85122%79%19%7%
All 48 classes ▾
Household utensils & glassware · 021 · n=73921%67%22%14%
Staple foods & bakery · 030 · n=70533%64%36%8%
Medical & beauty services · 044 · n=68230%68%38%3%
Food & drink services · 043 · n=66930%71%29%4%
Medical apparatus · 010 · n=55224%76%27%4%
Appliances (lighting/heating) · 011 · n=54423%74%23%7%
Construction & repair · 037 · n=51331%72%32%3%
Legal & security services · 045 · n=50624%64%36%6%
Furniture · 020 · n=50223%68%30%4%
Meats, dairy & processed foods · 029 · n=42334%62%41%11%
Machines & machine tools · 007 · n=41523%76%33%6%
Leather goods & luggage · 018 · n=38928%71%17%16%
Beers & non-alcoholic drinks · 032 · n=37823%81%19%11%
Vehicles · 012 · n=37726%74%26%5%
Jewelry & watches · 014 · n=37527%66%21%22%
Telecommunications · 038 · n=36328%75%29%2%
Wines & spirits · 033 · n=36233%64%27%16%
Chemicals · 001 · n=29326%60%36%11%
Transport & storage · 039 · n=28133%67%41%4%
Treatment of materials · 040 · n=27632%68%37%6%
Agricultural & natural products · 031 · n=26435%56%38%27%
Fabrics & textiles · 024 · n=22124%75%24%10%
Metal goods & hardware · 006 · n=21426%73%24%4%
Hand tools · 008 · n=20224%74%15%13%
Non-metal building materials · 019 · n=17927%54%48%8%
Tobacco & smokers' articles · 034 · n=14428%76%24%0%
Lace, ribbons & notions · 026 · n=12316%74%21%11%
Lubricants & fuels · 004 · n=12024%75%25%14%
Rubber & plastics · 017 · n=11122%61%39%9%
Paints & coatings · 002 · n=8324%55%35%10%
Carpets & floor coverings · 027 · n=7619%50%50%7%
Cordage & raw textiles · 022 · n=5917%90%10%0%
Firearms & fireworks · 013 · n=5338%67%56%6%
Musical instruments · 015 · n=3826%–––
Unclassified · B · n=3529%40%80%0%
Unclassified · A · n=16––––
Yarns & threads · 023 · n=15––––
Class 200 · 200 · n=9––––

Refusal shading is green below the corps and red above it. Ground shading is neutral: depth marks distance from the typical examiner in that class, ▲ above and ▼ below.

Refusal rate by year
Substantive refusals · per-year n · last 5 complete years

The read: easing, gently: down about 4 points from 2021 to 2025.

15%25%35%2021n=13452022n=14302023n=13632024n=14862025n=1487corps 28.1% · since 2007, drawn flat
Fine print · complements & timing

Data as of Oct 31, 2026 · Built on the public USPTO record

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