Prosecution Insights
Last updated: October 25, 2026
Application No. 16/472,655

METHOD FOR MAINTAINING TOTAL BRAKING POWER OF A TRAIN WHILE TAKING THE AVAILABLE FRICTION CONDITIONS INTO CONSIDERATION

Final Rejection §103
Filed
Jun 21, 2019
Priority
Dec 21, 2016 — DE 10 2016 125 193.3 +1 more
Examiner
SANTOS, AARRON EDUARDO
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Knorr-Bremse Systeme für Schienenfahrzeuge GmbH
OA Round
12 (Final)
46%
Grant Probability
Moderate
13-14
OA Rounds
0m
Est. Remaining
62%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
67 granted / 147 resolved
-6.4% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
38 currently pending
Career history
205
Total Applications
across all art units

Statute-Specific Performance

§101
9.4%
-30.6% vs TC avg
§103
61.4%
+21.4% vs TC avg
§102
6.1%
-33.9% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 147 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment The amendments submitted 12-17-2025 are being considered by the examiner. Claims 1, 7, and 10 have been amended. Claims 3-4 and 11 have been cancelled. No new claims have been introduced. Claims 1-2, 5-10, and 12 are currently pending. The official correspondence below is an after non-final on an RCE. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-2, 6, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Herden (US 20130338860 A1) in view of Kammann (US 20110166761 A1) and in further view of Gross (US 20100292875 A1). REGARDING CLAIM 1, Herden discloses, recognizing a sliding condition in at least one unit that is wheel-slide-controlled (Herden: [0016] identifying at least one axle which has inadmissible brake slip during the emergency braking and at which inadmissible brake slip occurs outside a predefined optimum brake slip range, [0017] b) identifying at least one axle which has no, or admissible, brake slip during the emergency braking and by which a larger friction braking force can be transmitted than by the at least one axle with inadmissible brake slip, [0018] c) adapting the friction braking forces at the at least one axle which has no, or admissible, brake slip such that by at least partially compensating the friction braking force which is lost at the at least one axle owing to the inadmissible brake slip, a deviation of the actual deceleration of the rail vehicle or of the rail vehicle train from a setpoint deceleration predefined by the emergency braking request by this adaptation); wherein a wheel slide protection system is active in the at least one unit (Herden: [0016] identifying at least one axle which has inadmissible brake slip during the emergency braking and at which inadmissible brake slip occurs outside a predefined optimum brake slip range, [0017] b) identifying at least one axle which has no, or admissible, brake slip during the emergency braking and by which a larger friction braking force can be transmitted than by the at least one axle with inadmissible brake slip, [0018] c) adapting the friction braking forces at the at least one axle which has no, or admissible, brake slip such that by at least partially compensating the friction braking force which is lost at the at least one axle owing to the inadmissible brake slip, a deviation of the actual deceleration of the rail vehicle or of the rail vehicle train from a setpoint deceleration predefined by the emergency braking request by this adaptation), whereby a braking force for the at least one unit is reduced (Herden: [0042] An additional antiskid device prevents locking of the wheel sets during braking … By means of the antiskid valves, the brake cylinder pressure C is reduced, maintained or increased depending on requirements) in response to the recognition of the sliding condition to prevent sliding (Herden: [ABS] A method for controlling an emergency brake device of a rail vehicle or rail vehicle train consisting of several rail vehicles having axles braked by friction brakes, wherein an emergency braking operation is started by an emergency braking input, including identifying at least one axle having inadmissible brake slip during the emergency braking operation; [0045] a) identifying at least one axle which has inadmissible brake slip during the emergency braking and at which inadmissible brake slip occurs outside a predefined optimum brake slip range); retrieving a type of friction prevailing on the at least one wheel-slide-controlled unit (Herden: [ABS] identifying at least one axle having no or admissible brake slip during the emergency braking operation by which axle a larger friction braking force can be transferred than by the at least one axle having inadmissible brake slip); wherein Kmu_0 is either greater than or less than 1 depending on the type of friction prevailing on the at least one wheel-slide controlled unit forming a function for the value mu_0 and a function for the value Kmu_0, over the entire length of the units in the longitudinal direction of a rail vehicle based on the determined values of mu_0 and Kmu_0 of the wheel-slide-controlled units (Herden: [0016] identifying at least one axle which has inadmissible brake slip during the emergency braking and at which inadmissible brake slip occurs outside a predefined optimum brake slip range, [0017] b) identifying at least one axle which has no, or admissible, brake slip during the emergency braking and by which a larger friction braking force can be transmitted than by the at least one axle with inadmissible brake slip, [0018] c) adapting the friction braking forces at the at least one axle which has no, or admissible, brake slip such that by at least partially compensating the friction braking force which is lost at the at least one axle owing to the inadmissible brake slip, a deviation of the actual deceleration of the rail vehicle or of the rail vehicle train from a setpoint deceleration predefined by the emergency braking request by this adaptation); comparing a current braking request at each of the units including the units that are and are not wheel-slide-controlled, to the value of the function of Kmu_0 at the site of the respective braking request (Herden: [0016-0018]; ALSO SEE ¶0048-0049, [ABS] identifying at least one axle having no or admissible brake slip during the emergency braking operation by which axle a larger friction braking force can be transferred than by the at least one axle having inadmissible brake slip; and adjusting the friction braking forces on the at least one axle having no or admissible brake slip such that the adjustment can maintain a deviation of the actual deceleration of the rail vehicle from a target deceleration; [0007] undesired formation of flat areas...the braking force at the affected axle is reduced in order to arrive approximately in the region of static friction or of optimum brake slip again; ¶0026 discloses braking distribution based on conditions at respective axels); and changing each braking request at each of the units including the units that are and are not wheel-slide-controlled, toward the respective value of the function of Kp0 at the site of the respective braking request thereby achieving a braking force at each of the units to maintain the total braking power of the rail vehicle (Herden: [ABS] identifying at least one axle having no or admissible brake slip during the emergency braking operation by which axle a larger friction braking force can be transferred (examiner: "changing each braking request") than by the at least one axle having inadmissible brake slip (examiner: this is controlling all wheels/axles); and adjusting the friction braking forces on the at least one axle having no or admissible brake slip such that the adjustment can maintain a deviation of the actual deceleration of the rail vehicle from a target deceleration (examiner: this is "identifying a total braking power needed bring the rail vehicle to a standstill up to a given stopping point, or to achieve a particular reduced speed at a given track point". While "track point" terminology is not explicitly recited, this can be performed at any track point); [0007] undesired formation of flat areas...the braking force at the affected axle is reduced in order to arrive approximately in the region of static friction or of optimum brake slip again (examiner: this is "toward the respective value of the function of Kp0 at the site of the respective braking request thereby achieving a braking force at each of the units to maintain the total braking power of the rail vehicle"); ¶0026 discloses braking distribution based on conditions at respective axels). In this case, admissible and inadmissible friction is interpreted as lowered and extremely low friction values. Herden does not explicitly recite the terminology, “Kmu_0 at the site” (modified/available adhesion value). However, Herden discloses "no", "admissible", and "inadmissible" slip at an axel/wheel (see at least [ABS]; [0054-0055]). Which, is parallel in service and result, and discloses a modified mu value at the site of the break request. In this case, the current adhesion value in slip/slide is interpreted as the max value percentage available or a modified mu, because the currently available mu, or Kmu, at an axel/wheel/bogie is also the current prevailing max. Herden does not explicitly recite the terminology “to the value of the function of Kµ0 at the site of the respective braking request”. However, Herden discloses “identifying at least one axle which has no, or admissible” brake slip during braking and by which “a larger friction braking force can be transmitted” than by an axle with inadmissible brake slip, and the axel with inadmissible slip has a reduced braking force applied to achieve a region of static friction or of optimum brake slip again. Which is interpreted as “comparing a braking request at each unit…”, and degerming if a modified braking function can be applied, which reads on the claim. The examiner submits that Herden discloses determining max adhesion values and max percent of available adhesion compared to a known max mu. Herden discloses no slip, permissible slip, and inadmissible slip (anything but perfect adhesion is the prevailing friction at the wheels under slide prevention). However, in the alternative, and in the same field of endeavor, Kammann discloses, determining the values of a maximum friction value (Kammann: [ABS] A method for determining a maximum coefficient of friction .mu..sub.max between a tire and an underlying surface entails empirically determining a reference curve .mu..sub.ref(S) of a coefficient of friction .mu..sub.ref as a function of a slip S between the tire and an underlying reference surface, determining a first momentary slip S.sub.1 for the tire and a first momentary coefficient of friction .mu..sub.1 between the tire and the underlying surface at a first instant t.sub.1) in a region of microslippage (µ0) (Kammann: [ABS] A method for determining a maximum coefficient of friction .mu..sub.max between a tire and an underlying surface entails empirically determining a reference curve .mu..sub.ref(S) of a coefficient of friction .mu..sub.ref as a function of a slip S between the tire and an underlying reference surface, determining a first momentary slip S.sub.1 for the tire and a first momentary coefficient of friction .mu..sub.1 between the tire and the underlying surface at a first instant t.sub.2) and a maximum determined fraction of µ0 (Kµ0) (Kammann: [FIG. 2]; [0037] For the traveling situation shown in FIG. 2 a lower momentary maximum coefficient of friction 26 results from comparing the momentary curve .mu.(S) with the reference curve .mu..sub.ref(S)) for only each unit that is wheel-slide-controlled (Kammann: [0013] The slip S can be determined for the respective tire with the aid of, for instance, a wheel-speed sensor by computing the rotational speed of the respective wheel .omega. and the rotational speed of a wheel .omega..sub.0 that is entrained in an idling fashion, using the formula: S = .omega. - .omega. 0 .omega. 0 ##EQU00001##), wherein both the function for the value µ0 and the function for the value Kµ0 are in each case constant, formed by the mean value of the respective values of µ0 and Kµ0 at the wheel-slide-controlled units, or wherein both the function for the value µ0 and the function for the value Kµ0 is linear, formed by the respective values of µ0 and Kµ0 of two wheel-slide-controlled units, or wherein both the function for the value µ0 and the function for the value Kµ0 is a function of at least second degree (Kammann: [0010] computing the maximum coefficient of friction .mu..sub.max between the tire and the underlying surface by transforming the reference curve .mu..sub.ref(S) on the basis of the slope of the curve .mu.(S)), formed by the respective values of µ0 and Kµ0 of several wheel-slide-controlled units (Kammann: [FIG. 2(mu_ref)(30)]), for the benefit of accurately determining friction coefficient as tire and surface pairing changes and measured momentary slips. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify a method disclosed by Herden to include maximum and minimum available adhesion values taught by Kammann. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation for success, in order to accurately determining friction coefficient as tire and surface pairing changes and measured momentary slips. The examiner respectfully submits that Herden, as modified, discloses, identifying a total braking power needed bring the rail vehicle to a standstill up to a given stopping point, or to achieve a particular reduced speed at a given track point (Herden: [ABS]; [0007]). However, in the alternative, and in the same field of endeavor, Gross discloses, identifying a total braking power needed bring the rail vehicle to a standstill up to a given stopping point, or to achieve a particular reduced speed at a given track point (Gross: [0009] In order then to actually generate the determined required braking force, the management computer actuates these brake systems individually even in the normal operating mode when all the brake systems are functionally capable. In doing so, the management computer distributes the required braking force; [0019] The travel to a stopping point can then be controlled better until the rail vehicle comes to a standstill. As a result of the control of an electric brake system which is made possible and which can be controlled dynamically, a desired stopping point can be reached quickly with a high degree of accuracy), for the benefit of preventing overheating or mechanical damage. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Herden to include a desired stopping point taught by Gross. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to prevent overheating or mechanical damage. REGARDING CLAIM 2, Herden, as modified, remains as applied above to claim 1. Further, Herden also discloses, the changing of each braking request toward the respective value of the function of Kµ0 is done only for such braking requests that are increased thereby (Herden: [0042]; also see at least ¶0048-0049; [0029]). REGARDING CLAIM 6, Herden, as modified, remains as applied above to claim 1. Further, Herden also discloses, at least one of the functions of the values for mu_0 and Kmu_0 is adapted based on further factors of influence including at least one of position of the rail vehicle, weather, moisture, velocity, outdoor temperature, weight of the vehicle, axle spacings, or direction of travel (Herden: [0003]). REGARDING CLAIM 10, Herden discloses, recognizing that at least one unit is wheel-slide-controlled (Herden: [0030]); when it is in a condition of sliding and when a wheel slide protection system is active in the at least one unit (Herden: [ABS]; [0016-0018]; [0045]); retrieving a type of friction prevailing on the at least one wheel-slide-controlled unit (Herden: [ABS]); wherein Kmu_0 is either greater than or less than 1 depending on the type of friction prevailing on the at least one wheel-slide controlled unit forming a function for the value mu_0 and a function for the value Kmu_0, over the entire length of the units in the longitudinal direction of a rail vehicle based on the determined values of mu_0 and Kmu_0 of the wheel-slide-controlled units (Herden: [0016-0019]); comparing a current braking request at each of the units including the units that are and are not wheel-slide-controlled, to the value of the function of Kmu_0 at the site of the respective braking request (Herden: [0017-0018]; ALSO SEE ¶0048-0049, [ABS]; [0007]; ¶0026 discloses braking distribution based on conditions at respective axels); and changing each braking request at each of the units including the units that are and are not wheel-slide-controlled, toward the respective value of the function of Kp0 at the site of the respective braking request thereby achieving a braking force at each of the units to maintain the total braking power of the rail vehicle (Herden: [ABS]; [0007] (examiner: this is "toward the respective value of the function of Kp0 at the site of the respective braking request thereby achieving a braking force at each of the units to maintain the total braking power of the rail vehicle"); ¶0026 discloses braking distribution based on conditions at respective axels). In this case, admissible and inadmissible friction is interpreted as low and extremely low friction values. Herden does not explicitly recite the terminology, “Kmu_0 at the site” (modified/available adhesion value). However, Herden discloses "no", "admissible", and "inadmissible" slip at an axel/wheel. Which, is parallel in service and result, and discloses a modified mu value at the site of the break request. In this case, the current adhesion value in slip/slide is interpreted as the max value percentage available or a modified mu, because the currently available mu, or Kmu, at an axel/wheel/bogie is also the current prevailing max. Herden does not explicitly recite the terminology “to the value of the function of Kµ0 at the site of the respective braking request”. However, Herden discloses “identifying at least one axle which has no, or admissible” brake slip during braking and by which “a larger friction braking force can be transmitted” than by an axle with inadmissible brake slip, and the axel with inadmissible slip has a reduced braking force applied to achieve a region of static friction or of optimum brake slip again. Which is interpreted as “comparing a braking request at each unit…”, and degerming if a modified braking function can be applied, which reads on the claim. The examiner submits that Herden discloses determining max adhesion values and max percent of available adhesion compared to a known max mu. Herden discloses no slip, permissible slip, and inadmissible slip (anything but perfect adhesion is the prevailing friction at the wheels under slide prevention). However, in the alternative, and in the same field of endeavor, Kammann discloses, determining the values of a maximum friction value (Kammann: [ABS] A method for determining a maximum coefficient of friction .mu..sub.max between a tire and an underlying surface entails empirically determining a reference curve .mu..sub.ref(S) of a coefficient of friction .mu..sub.ref as a function of a slip S between the tire and an underlying reference surface, determining a first momentary slip S.sub.1 for the tire and a first momentary coefficient of friction .mu..sub.1 between the tire and the underlying surface at a first instant t.sub.1) in a region of microslippage (µ0) (Kammann: [ABS] A method for determining a maximum coefficient of friction .mu..sub.max between a tire and an underlying surface entails empirically determining a reference curve .mu..sub.ref(S) of a coefficient of friction .mu..sub.ref as a function of a slip S between the tire and an underlying reference surface, determining a first momentary slip S.sub.1 for the tire and a first momentary coefficient of friction .mu..sub.1 between the tire and the underlying surface at a first instant t.sub.2) and a maximum determined fraction of µ0 (Kµ0) (Kammann: [FIG. 2]; [0037] For the traveling situation shown in FIG. 2 a lower momentary maximum coefficient of friction 26 results from comparing the momentary curve .mu.(S) with the reference curve .mu..sub.ref(S)) for only each unit that is wheel-slide-controlled (Kammann: [0013] The slip S can be determined for the respective tire with the aid of, for instance, a wheel-speed sensor by computing the rotational speed of the respective wheel .omega. and the rotational speed of a wheel .omega..sub.0 that is entrained in an idling fashion, using the formula: S = .omega. - .omega. 0 .omega. 0 ##EQU00001##), wherein both the function for the value µ0 and the function for the value Kµ0 are in each case constant, formed by the mean value of the respective values of µ0 and Kµ0 at the wheel-slide-controlled units, or wherein both the function for the value µ0 and the function for the value Kµ0 is linear, formed by the respective values of µ0 and Kµ0 of two wheel-slide-controlled units, or wherein both the function for the value µ0 and the function for the value Kµ0 is a function of at least second degree (Kammann: [0010] computing the maximum coefficient of friction .mu..sub.max between the tire and the underlying surface by transforming the reference curve .mu..sub.ref(S) on the basis of the slope of the curve .mu.(S)), formed by the respective values of µ0 and Kµ0 of several wheel-slide-controlled units (Kammann: [FIG. 2(mu_ref)(30)]), for the benefit of accurately determining friction coefficient as tire and surface pairing changes and measured momentary slips. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify a method disclosed by Herden to include maximum and minimum available adhesion values taught by Kammann. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation for success, in order to accurately determining friction coefficient as tire and surface pairing changes and measured momentary slips. The examiner respectfully submits that Herden, as modified, discloses, identifying a total braking power needed bring the rail vehicle to a standstill up to a given stopping point, or to achieve a particular reduced speed at a given track point (Herden: [ABS]; [0007]). However, in the alternative, and in the same field of endeavor, Gross discloses, identifying a total braking power needed bring the rail vehicle to a standstill up to a given stopping point, or to achieve a particular reduced speed at a given track point (Gross: [0009] In order then to actually generate the determined required braking force, the management computer actuates these brake systems individually even in the normal operating mode when all the brake systems are functionally capable. In doing so, the management computer distributes the required braking force; [0019] The travel to a stopping point can then be controlled better until the rail vehicle comes to a standstill. As a result of the control of an electric brake system which is made possible and which can be controlled dynamically, a desired stopping point can be reached quickly with a high degree of accuracy), for the benefit of preventing overheating or mechanical damage. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Herden to include a desired stopping point taught by Gross. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to prevent overheating or mechanical damage. REGARDING CLAIM 12, Herden, as modified, remains as applied above to claim 1. Further, Herden, as modified, discloses, determining that dynamic addition of a requested total braking power of all units is not possible-due to temporarily inadequate adhesion or friction conditions between the wheel and the rail (Herden: [0017-0018]; ALSO SEE ¶0048-0049); increasing of the requested total braking power of all units, so that a compensating of a lost stopping distance is possible at a later time when the adhesion and friction conditions are suitable for this (Herden: [0042]; [0048-0049]; [0029]). Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over Herden (US 20130338860 A1) in view of Kammann (US 20110166761 A1)and in further view of Gross (US 20100292875 A1) as applied to claim 1 above, and further in view of Schreiber (EP 0621156 A2). REGARDING CLAIM 5, Herden, as modified, remains as applied above to claim 1, and further, Herden, as modified, does not explicitly disclose, both the function for the value µ0 and the function for the value Kµ0 is a function of at least second degree, formed by the respective values of µ0 and Kµ0 of several wheel-slide-controlled units. However, in the same field of endeavor, Schreiber discloses, (Schreiber: see at least ¶[0016]), for the benefit taking into account the gradient of the adhesion characteristic curve behavior, to obtain an essential operating point parameter in the slope of the traction characteristic that is of the optimum slip speed relative to the related vehicle speed. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify a method for controlling an antiskid-regulated friction brake system of a rail vehicle disclosed by a modified Herden to include taking into account the gradient of the adhesion characteristic curve taught by Schreiber. One of ordinary skill in the art would have been motivated to make this modification in order to take into account the gradient of the adhesion characteristic curve behavior, to obtain an essential operating point parameter in the slope of the traction characteristic that is of the optimum slip speed relative to the related vehicle speed. Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herden (US 20130338860 A1) in view of Schreiber (US 5708334 A) and in further view of Gross (US 20100292875 A1) in further view of. REGARDING CLAIM 7, Herden discloses, recognizing that at least one unit is wheel-slide-controlled (Herden: [ABS]; [0045]), wherein the at least one unit is wheel-slide-controlled when it is in a condition of sliding and when a wheel slide protection system is active in the at least one unit (Herden: [0016-0018); comparing the current braking request at each of the units to the function of the value Kmu_0 at the site of the respective braking request (Herden: [0016-0018]; [0048-0049]); and changing each braking request at each of the units toward the respective value of the function of Kmu_0 at the site of the respective braking request thereby achieving a braking force at each of the units to maintain the total braking power of the rail vehicle (Herden: [ABS]; [0007]; ¶0026 discloses braking distribution based on conditions at respective axels). In this case, admissible and inadmissible friction is interpreted as low and extremely low friction values. Herden does not explicitly disclose, ascertaining of a function for the values of a maximum friction value in a region of microslippage (mu_0) and maximum determined fraction of p0 (Kmu_0) based on one or more gradient determinations of friction vs. slip at least at one of the units with subsequent evaluation, without one of the units being wheel-slide-controlled, wherein Kmu_0 is either greater than or less than 1 depending on a type of friction at the at least one of the units. However, in the same field of endeavor, Schreiber discloses, ascertaining of a function for the values of a maximum friction value in a region of microslippage (mu_0) and maximum determined fraction of p0 (Kmu_0) based on one or more gradient determinations of friction vs. slip at least at one of the units with subsequent evaluation, without one of the units being wheel-slide-controlled, wherein Kmu_0 is either greater than or less than 1 depending on a type of friction at the at least one of the units (Schreiber: (Col. 3, Ln. 63 - Col. 4, Ln. 15) Referring now to the figures of the drawing in detail and first, particularly, to the upper part of FIG. 1 thereof, there is seen, by way of example, characteristic frictional engagement lines (coefficient of frictional engagement as a function of slip speed v.sub.s) for a dry and a wet rail state. It can be seen that the maximum of the coefficient of frictional engagement lies at different slip speeds depending on the rail state. The lower part shows the gradient of the characteristic lines shown in the upper part. An advantageous operating point which can be prescribed as an optimum operating point is marked with dashed lines. As is shown by the two vertical dashed lines, this operating point lies just before the maximum point is reached in the rising part of the characteristic frictional engagement line in each case, that is to say both for a dry and a wet rail state. The horizontal dashed line marks the associated gradient value which is, for example, 0.01 or 0.02. It is significant that the same gradient value applies for both characteristic lines so that by selecting one gradient value an optimum operating point for all rail states is selected), wherein both the function for the value µ0 and the function for the value Kµ0 is linear, formed by the respective values of µ0 and Kµ0 of two wheel-slide-controlled units (Schreiber: (Col. 4, Ln. 29-42) Engine/wheel/rail systems have a non-linear behavior due to the characteristic frictional engagement line for the wheel/rail contact. A linear system with any desired operating point on the characteristic frictional engagement line is obtained by linearizing this non-linear behavior. In this case, the gradient of the characteristic frictional engagement line constitutes a significant operating point parameter. The frequency response of the torque-dependent angular speed can be determined for each gradient. The frequency response of the non-linear engine/wheel/rail system thus constitutes a group of curves of value and phase characteristics as a function of the operating point parameter "gradient of the characteristic frictional engagement line"), for the benefit of linearizing this non-linear behavior, to obtain an essential operating point parameter in the slope of the traction characteristic, that is to say one which has been prescribed by a locomotive driver or engineer, can be limited to such an extent that an operating point becomes established in the region of the optimum operating point, that is of the optimum slip speed relative to the related vehicle speed. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Herden to include gradients and linearization taught by Schreiber. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to linearize this non-linear behavior, to obtain an essential operating point parameter in the slope of the traction characteristic, that is to say one which has been prescribed by a locomotive driver or engineer, can be limited to such an extent that an operating point becomes established in the region of the optimum operating point, that is of the optimum slip speed relative to the related vehicle speed. The examiner respectfully submits that Herden, as modified, discloses, identifying a total braking power needed bring the rail vehicle to a standstill up to a given stopping point, or to achieve a particular reduced speed at a given track point (Herden: [ABS]; [0007]); ¶0026 discloses braking distribution based on conditions at respective axels). However, in the alternative, and in the same field of endeavor, Gross discloses, identifying a total braking power needed bring the rail vehicle to a standstill up to a given stopping point, or to achieve a particular reduced speed at a given track point (Gross: [0009]; [0019]), for the benefit of preventing overheating or mechanical damage. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Herden to include a desired stopping point taught by Gross. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to prevent overheating or mechanical damage. REGARDING CLAIM 8, Herden, as modified, remains as applied above to claim 7, and further, Herden also discloses, the changing of each braking request toward the respective value of the function of Kµ0 is done only for such braking requests that are increased thereby (Herden: [0042]; ALSO SEE ¶[0048-0049], [0016-0019]; [0029]). REGARDING CLAIM 9, Herden, as modified, remains as applied above to claim 7, and further, Herden also discloses, determining that dynamic addition of a requested total braking power of all units is not possible due to temporarily inadequate adhesion or friction conditions between the wheel and the rail (Herden: [0017-0018]; [0048-0049]); and increasing of the requested total braking power of all units, so that a compensating of a lost stopping distance is possible at a later time when the adhesion and friction conditions are suitable for this (Herden: [0029]; [0042]; [0048-0049]). Response to Arguments Applicant’s arguments with respect to the rejection of the independent claim(s) under 35 USC §103, obviousness, have been considered but are moot because the new ground of rejection does not rely on the reference combination applied in the prior rejection of record for matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ubhi (US 20150379874 A1) Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARRON SANTOS whose telephone number is (571)272-5288. The examiner can normally be reached Monday - Friday: 8:00am - 4:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANGELA ORTIZ can be reached at (571) 272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.S./Examiner, Art Unit 3663 /ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663
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Prosecution Timeline

Show 25 earlier events
Oct 21, 2025
Response after Non-Final Action
Dec 17, 2025
Request for Continued Examination
Jan 23, 2026
Response after Non-Final Action
Feb 09, 2026
Non-Final Rejection mailed — §103
May 06, 2026
Response Filed
Jul 16, 2026
Non-Final Rejection mailed — §103
Aug 13, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

13-14
Expected OA Rounds
46%
Grant Probability
62%
With Interview (+16.8%)
3y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 147 resolved cases by this examiner. Grant probability derived from career allowance rate.

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