Prosecution Insights
Last updated: May 29, 2026
Application No. 17/309,655

METHOD FOR EXCHANGING A COMPONENT IN A PASSENGER TRANSPORT SYSTEM AND DEVICE TO BE USED IN SAID METHOD

Non-Final OA §103§112
Filed
Jun 11, 2021
Priority
Dec 12, 2018 — EU 18211944.6 +2 more
Examiner
OSTERHOUT, SHELLEY MARIE
Art Unit
3669
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Inventio AG
OA Round
3 (Non-Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
43 granted / 66 resolved
+13.2% vs TC avg
Strong +30% interview lift
Without
With
+29.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
18 currently pending
Career history
98
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
90.2%
+50.2% vs TC avg
§102
2.5%
-37.5% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 66 resolved cases

Office Action

§103 §112
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 . Status of the Claims This Office Action is in response to the Applicants’ filing on 03/23/2026. Claims 1-23 and 25 were previously pending, of which claims 14, 18, and 25 have been amended, claims 21 and 23 have been cancelled, and no claims have been newly added. Accordingly, claims 1-20, 22, and 25 are currently pending and are being examined below. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/23/2026 has been entered. Response to Arguments With respect to Applicant's remarks, see pages 5-11, filed 03/23/2026; Applicant’s “Amendment and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented. With respect to the claim objections, the amendments have been overcome the prior objections. Therefore, the objections to the claims are withdrawn. With respect to the rejection under 35 U.S.C. § 112, the argument has been fully considered but is not persuasive. As previously cited in the final rejection dated 10/29/2025, the terms exchange or replace do not innately require the deletion of the original data, the data could simply be cached or moved to allow for the retrieved data to replace the prior data. Therefore, the rejection under 35 U.S.C. § 101 is maintained. Language similar to the original claim limitations could be used to overcome the rejection, for example, based on a unique identification of the replacement component, component data concerning physical properties of the component is exchanged by retrieving the component module data set module associated with the replacement component from a data storage unit physically attached to the replacement component and replacing the existing component dataset with a replacement component dataset in the digital double. With respect to the rejections under 35 U.S.C. § 101, the argument has been fully considered and is persuasive. The addition of non-transitory to claim 25 is enough to overcome the prior rejection. The cancellation of claims 21 and 23 render the prior rejections moot. Therefore, the rejections under 35 U.S.C. § 101 is withdrawn. With respect to the claim rejections under 35 U.S.C. § 103, applicant’s “Amendment and Remarks” have been fully considered and are not persuasive. Further consideration of the prior art of record determined that Cattone in view of Hershey does appear to disclose the limitations in claims 14 and 25. Cattone discloses receiving characterization information from the smart component in [0091] and the description of that characterization information being used to create a part description information associated with a part identifier is expanded upon in [0093-0095]. Although Cattone doesn’t disclose the use of a digital double, the combination of Cattone in view of Hershey results in a vehicle component health system that relies on a digital twin architecture to store component health information created and maintained by a smart component providing data related to part utilizing a unique identifier. As the dataset module is understood to be a simple dataset being retrieved by the computer and stored in a digital twin the combination would provide an alternative dataset storage of Cattone’s part description information to facilitate assessments and predictions for a physical system in an automatic manner, as taught by Hersey. The mapping below has been updated to provide clarity of the combination. The rejections under 35 U.S.C § 103 are maintained. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 14 and 25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Although the term exchange or replace is used in the specification, it is not disclosed that the exchange would include the deletion, retrieval, and adding steps as disclosed in claim 14. Although those terms could describe an exchange, an exchange could include a variety of data transfer methods that may not include deleting or adding new data but rearranging data that already exists. Therefore, the added steps of deleting and adding data is considered new matter under 35 U.S.C. 112(a). Claims 15-20 and 22 are rejected under 35 U.S.C. 112(a) as being dependent on rejected claim 14 and for failing to cure the deficiencies listed above. Claim Rejections - 35 USC § 103 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. Claims 14-20, 22, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Cattone (US 2016/0189440 A1), hereinafter Cattone, in view of Hershey et al. (US 2017/0286572 A1), hereinafter Hershey. With respect to claims 14 and 25, Cattone discloses a machine-readable medium (1322) storing instructions, when executed by a processor (1302), cause the processor to: perform a method comprising: based on physically removing an existing component from a passenger transport system and replacing the existing component with a replacement component, replacing, in a dataset representative of the passenger transport system, a component model dataset module associated with the existing component with a component model dataset module associated with the replacement component by: (see at least Fig. 3B-3C, [0094-0095] “the mobile device 112 may receive characterization information 312 for a part 106 that signals a replacement of the part. Responsive to receiving the characterization information 312, the mobile device 112 may purge… and create an entry of part description information 304 in the vehicle information 300 for the part 106 that is new.”) deleting the component model dataset module associated with the existing component from the digital double data set, (see at least [0095] “the mobile device 112 may purge an entry of part description information 304 for the part 106 that is being replaced from the vehicle information 300”) retrieving the component model dataset module associated with the replacement component from a data storage unit physically attached to the replacement component or from a remotely located computer storage device based on a unique identification of the replacement component, (see at least [0091] “The wireless reader 206 may be attached to the mobile device 112 to receive the characterization information from the smart components 102.” [0093-0095] “an entry of part description information 304 may be automatically stored in the vehicle information 300 responsive to receiving characterization information for a part 106 for the first time from the vehicle 104. The part description information 304 may include a part identifier 306”) and adding the component model dataset module associated with the replacement component to the digital double dataset, in an at least partially automated manner; (see at least [0094-0095] “the mobile device 112 may receive characterization information 312 for a part 106 that signals a replacement of the part… and create an entry of part description information 304 in the vehicle information 300 for the part 106 that is new.”) wherein the (see at least Fig. 3B, [0093] “The vehicle information 300 may include vehicle identification information 302 that identifies a vehicle 104 and one or more entries of part description information 304 that describes part(s) 106… Each entry of part description information 304 corresponds to a part 106.”) wherein each of these component dataset modules respectively describes component data concerning physical properties of one of the components in the passenger transport system, (see at least Fig. 3C, [0095-0096] “an entry of part description information 304 in the vehicle information 300 for the part 106 that is new. The maintenance history information 316 may store… a percentage wear of the part 106 replaced (e.g., 80% wear)… The service level information 318 may store the current service level for the part 106… warn the user that the current part 106 is in need of repair.”) Cattone discloses estimating required replacement of a vehicle component using data modules that are replaced when the new part is replaced, but does not explicitly disclose the use of a stored digital double to determine the required replacement. However, Hershey teaches the use of a digital twin diagnostic system wherein the digital double data set is digitally stored in a computer system or on a machine-readable medium. (see at least [0049] “The digital twin of twinned physical system 150 may store information into and/or retrieve information from various data sources, such as the computer data store 110”) As both pertain to component health and replacement, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component replacement determination based on a current status of the smart component of Cattone to include the digital twin component life prediction disclosed in Hershey, with reasonable expectation of success. The motivation for doing so would have been to provide an answer in a time frame that is useful, that is, meaningfully prior to a projected occurrence of a failure event or suboptimal operation, see Hershey [0037]. With respect to claim 15, Cattone discloses estimating required replacement of a vehicle component using data modules that are replaced when the new part is replaced, but does not explicitly disclose the connections between the various components. However, Hershey teaches each component dataset module comprises component unit data concerning physical properties of the component itself, as well as interface data concerning physical properties that describe a cooperation of the component with other components. (see at least [0055] “The digital twin 250 may also include a system structure 256 which specifies the components of the twinned physical system and how the components are connected or interact with each other.”) As both pertain to component health and replacement, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component replacement determination of Cattone to include the interaction of the components disclosed in Hershey, with reasonable expectation of success. The motivation for doing so would have been to consider the impact of the system as a whole due to the operational controls and externally applied forces, see Hershey [0055]. With respect to claim 16, Cattone discloses estimating required replacement of a vehicle component using data modules that are replaced when the new part is replaced, but does not explicitly disclose the installation type. However, Hershey teaches the component data concerning physical properties of the replacement component also comprises installation data that is affected by the type of installation of the replacement component in the passenger transport system. ([0068] “Finally, the installation 630 of the system components may alter their expected RUL if the installation suffers misadventure such as, for example, rough handling, incorrect mounting, and/or excessive torque.”) As both pertain to component health and replacement, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component replacement determination of Cattone to include the interaction of the components disclosed in Hershey, with reasonable expectation of success. The motivation for doing so would have been to alter their expected remaining useful life if the installation suffers misadventure, see Hershey [0068]. With respect to claim 17, Cattone discloses estimating required replacement of a vehicle component using data modules that are replaced when the new part is replaced, but does not explicitly disclose the installation force data consideration. However, Hershey teaches the installation data comprises forces and/or torques that were applied for fixing the replacement component in the passenger transport system during the replacement of the component. ([0068] “One embodiment for guiding and monitoring the installation process (and collecting the information respecting any installation mishandling) is to provide an installer with a computer-instructed “wizard” with sensors attached to the installation tools and system components.”) As both pertain to component health and replacement, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component replacement determination of Cattone to include the interaction of the components disclosed in Hershey, with reasonable expectation of success. The motivation for doing so would have been to alter their expected remaining useful life if the installation suffers misadventure, see Hershey [0068]. With respect to claim 18, Cattone discloses estimating required replacement of a vehicle component using data modules that are replaced when the new part is replaced, but does not explicitly disclose the installation force data consideration. However, Hershey teaches the installation data is automatically acquired by a tool used for the installation and transmitted in an automated manner to the digital double dataset. ([0068] “One embodiment for guiding and monitoring the installation process (and collecting the information respecting any installation mishandling) is to provide an installer with a computer-instructed “wizard” with sensors attached to the installation tools and system components. The collected installation information may also be subsequently entered into the digital twin process.”) As both pertain to component health and replacement, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component replacement determination of Cattone to include the installation disclosed in Hershey, with reasonable expectation of success. The motivation for doing so would have been to alter their expected remaining useful life if the installation suffers misadventure, see Hershey [0068]. With respect to claim 19, Cattone discloses the component data concerning a replacement component is stored in a data storage unit provided on the replacement component and transmitted in an automated manner to the computer, storing the digital double dataset. (see at least [0086] “Broadly, the smart component 102 may utilize the sensor 108 to sense the part 106 to receive information (e.g., a sense of the part) that is utilized by the smart component 102 to generate characterization information and communicate the characterization information”) With respect to claim 20, Cattone discloses a unique identification is provided on the component and the component data concerning the replacement component is stored in a data storage unit that is arranged remotely from the component, and wherein the component data concerning the replacement component is transmitted from the data storage unit to the digital double dataset in an automated manner by transmitting the identification. (see at least [0094] “A particular part type identifier 308 may be associated with one or more part identifiers 306. The part log information 310 may include one or more entries of characterization information 312 for the part 106.” [0097] “the test may generate characterization information 312 that includes a part identifier 306 that, in turn, is compared with OEM tracking information stored at the network-based marketplace 118”) With respect to claim 21, Cattone discloses estimating required replacement of a vehicle component using data modules that are replaced when the new part is replaced, but does not explicitly disclose work steps to replace the component. However, Hershey teaches work steps to be carried out for the physical exchange of the component are specified by a computer program with consideration of the component data concerning the component. (see at least [0068] “One embodiment for guiding and monitoring the installation process (and collecting the information respecting any installation mishandling) is to provide an installer with a computer-instructed “wizard” with sensors attached to the installation tools and system components. The collected installation information may also be subsequently entered into the digital twin process.”) As both pertain to component health and replacement, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the links to component installation guides of Cattone to include the installation wizard disclosed in Hershey, with reasonable expectation of success. The motivation for doing so would have been to reduce the probability that the installation suffers misadventure, see Hershey [0068]. With respect to claim 22, Cattone discloses estimating required replacement of a vehicle component using data modules that are replaced when the new part is replaced, but does not explicitly disclose the installation force data consideration. However, Hershey teaches actual data concerning currently prevailing physical properties of the passenger transport system is acquired during the method and associated data in the digital double dataset is replaced with the actual data. ([0037] “The digital twin may comprise a real time efficiency and life consumption state estimation device.”) As both pertain to component health and replacement, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component replacement determination of Cattone to include the simulated and real time data disclosed in Hershey, with reasonable expectation of success. The motivation for doing so would have been to provide an adaptable digital twin may detect when unexpected operating scenarios are experienced by a real physical system and then change an underlying system of equations., see Hershey [0126]. With respect to claim 23, Cattone discloses estimating required replacement of a vehicle component using data modules that are replaced when the new part is replaced, but does not explicitly disclose the simulation or models used to prediction the life of the components. However, Hershey teaches a method for monitoring current physical properties of a passenger transport system, wherein initial physical properties of the passenger transport system are specified in a computer in a digitally stored digital double dataset that can also be processed, wherein the current physical properties of the passenger transport system are determined by means of calculations, simulations and/or models based on the initial physical properties specified in the digital double dataset, and wherein individual components of the passenger transport system are exchanged by means of a method according to Claim 14. ([0071] “The dimensions that significantly affect a particular component (and should therefore be tracked) during the component's life may be initially estimated by best engineering judgment and can be augmented or refined as more is learned about a particular component's behavior under different operational and/or environmental conditions.”) As both pertain to component health and replacement, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component replacement determination of Cattone to include the simulated and real time data disclosed in Hershey, with reasonable expectation of success. The motivation for doing so would have been to provide an adaptable digital twin may detect when unexpected operating scenarios are experienced by a real physical system and then change an underlying system of equations., see Hershey [0126]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHELLEY MARIE OSTERHOUT whose telephone number is (703)756-1595. The examiner can normally be reached Mon to Fri 8:30 AM - 5:30 PM. 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, Navid Mehdizadeh can be reached on (571) 272-7691. 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. /S.M.O./Examiner, Art Unit 3669 /NAVID Z. MEHDIZADEH/Supervisory Patent Examiner, Art Unit 3669
Read full office action

Prosecution Timeline

Show 3 earlier events
Jun 04, 2025
Examiner Interview Summary
Jun 04, 2025
Applicant Interview (Telephonic)
Aug 14, 2025
Response Filed
Oct 29, 2025
Final Rejection mailed — §103, §112
Mar 23, 2026
Request for Continued Examination
Apr 19, 2026
Response after Non-Final Action
May 06, 2026
Non-Final Rejection mailed — §103, §112
May 28, 2026
Interview Requested

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

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
95%
With Interview (+29.5%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 66 resolved cases by this examiner. Grant probability derived from career allowance rate.

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