Design Patent Pending -Rights for an applicant

I am not qualified to practice in the US, so this is just referential note. Please undedrstand that this is not legal advice to which any legal responsibility attaches.

Please see the following URL for example. Like the situation in Japan, you MAY be able to collect loyalty equivalent for "infringer" of your pending patent if you publish your application and notify the "infringer."
This may have adverse effect, however, to trigger the "infringer" to attack your pending application by possibly submitting prior arts to USPTO.

http://www.finnegan.com/ja/resources/articles/articlesdetail.aspx?news=46e0770f-1dd9-4866-a081-c41ecf32bd27