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Examiner Herng Der Day

TECH CENTER 2100 · 1 ART UNIT · 337 DECIDED APPLICATIONS · LAST ACTION SEP 2018
ALLOWANCE RATE = SHARE OF DECIDED APPLICATIONS (ALLOWED + ABANDONED); PENDING EXCLUDED
OVERALL ALLOWANCE RATE · POOLED ACROSS 1 ART UNIT
60%vs 53% art-unit average+7 pts

Examiner Herng Der Day has allowed 202 of 337 decided applications in Computer Architecture, Software, and Information Security.

allowed202abandoned135pending0· pending excluded from the rate
DATA UPDATED JULY 14, 2026
// READING THIS EXAMINER

What the data says.

Examiner Herng Der Day maintains a public record in Technology Center 2100 (Computer Architecture, Software, and Information Security), spanning a single art unit. Across hundreds of decided applications, the examiner's allowance rate is 60%. This figure represents the share of applications in the decided pool (allowed and abandoned applications combined) that were allowed. The allowance rate applies to the examiner's pooled record and reflects past dispositions across the decided applications reviewed.

// HOW TO READ THESE NUMBERS

How to read these numbers.

This pooled record aggregates an examiner's work across all their assigned art units and technology centers. The allowance rate shown—60%—describes the historical share of decided applications that were allowed, not a prediction for any specific case. Pooled figures mask variation across different art units and are correlational summaries of past outcomes. They do not indicate how any particular application will be examined or decided.

These are aggregate statistics from this examiner's past public record — not predictions about any specific application. The per-art-unit figures below show how the record varies across art units. Our approach to patent prosecution →

// BY ART UNIT

The record, art unit by art unit.

Each section benchmarks this examiner against that art unit's average. Figures are this examiner's own public record within the art unit; the overall rate above pools them.

◈ PRIMARY · ART UNIT 2128
337 APPS · 60% ALLOWANCE

Primarily examines machine learning, and neural-network / biological-model computing.

60% allowance (of decided)▏ art-unit average 53%
DISPOSITION202 / 135 / 0allowed / abandoned / pending
FIRST ACTION30.4 moart unit avg 30 mo
TOTAL PENDENCY47.9 moart unit avg 46.5 mo
// REJECTION PROFILE
REJECTION RATE = SHARE OF THIS EXAMINER'S APPLICATIONS THAT DREW ≥1 OFFICE-ACTION REJECTION IN WHICH THE GROUND APPEARS

Grounds can co-occur, so the four don't sum to 100%. The art-unit figure is the unweighted mean across examiners in the art unit; §102 and §112 carry no art-unit benchmark.

§101 — Subject-matter eligibility67%art unit 66%+1 pt
§102 — Anticipation (novelty)64%no art-unit benchmark
§103 — Obviousness66%art unit 84%18 pts
§112 — Written description & definiteness85%no art-unit benchmark
// INTERVIEW SPLIT

Allowance rate for applications with an examiner interview versus without one.

WITH INTERVIEW79%allowance share
WITHOUT INTERVIEW48%+31 pt difference

A correlation, not proof that interviews cause allowances. Based on 126 decided applications with an interview and 211 without.

// FAQ

Questions about Examiner Herng Der Day

  • What is Examiner Day's allowance rate?
    The allowance rate is 60%, measured across hundreds of decided applications (allowed and abandoned, with pending applications excluded from the calculation).
  • How many art units does this examiner cover?
    The public record shown covers one art unit in TC 2100.
  • Does this allowance rate predict the outcome of my application?
    No. The allowance rate is a historical aggregate of past decided applications and is not a prediction of any specific application's outcome.
  • What technology does this examiner handle?
    The examiner works in Technology Center 2100 (Computer Architecture, Software, and Information Security).
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METHODOLOGY & DISCLOSURES

Methodology. This page pools every art unit in which Examiner Herng Der Day has a public record within Technology Center 2100. Statistics are computed from publicly available USPTO records, refreshed on a recurring schedule. This page's data was last updated July 14, 2026. The overall allowance rate is total allowed divided by total decided applications (allowed plus abandoned) across all art units — not an average of the per-art-unit rates; pending applications are excluded. Figures are rounded for display. Pooled sample: 337 applications.

Rejection rates. Each §-rate is the share of this examiner's applications that drew at least one office-action rejection in which that statutory ground appears; applications with no rejection on record are excluded, and because grounds can co-occur the four do not sum to 100%. The art-unit figure beside each is the unweighted mean of the per-examiner rates across the art unit, published for §101 and §103 only. Beside the overall allowance rate we show a benchmark: for a single-art-unit examiner it is exactly that art unit's average, labeled “art-unit average”; for an examiner spanning several art units it is the “weighted peer average” — the per-art-unit averages, weighted by this examiner's application count in each — labeled distinctly because it is a blended figure, not any single art unit's average. Both are built from the same per-art-unit averages the panels show.

Lynch LLP is not affiliated with, endorsed by, or sponsored by the United States Patent and Trademark Office. Examiner statistics are derived from publicly available USPTO data.

These statistics describe past examiner behavior and do not predict the outcome of any particular application. Past results do not guarantee future outcomes. Where this page compares an examiner's allowance rate to an art-unit average, that comparison is a factual description of the public record, not a characterization of any individual examiner's conduct or competence.

This page is for general informational purposes and is not legal advice. No attorney-client relationship is formed by viewing it. Full disclaimers →

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