Prosecution Insights
Last updated: May 29, 2026
Application No. 17/637,770

MACHINE AND METHOD FOR STABILIZING A TRACK

Final Rejection §112
Filed
Feb 23, 2022
Priority
Sep 18, 2019 — AT A 297/2019 +1 more
Examiner
HARTMANN, GARY S
Art Unit
3671
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft M B H
OA Round
3 (Final)
72%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
907 granted / 1251 resolved
+20.5% vs TC avg
Strong +19% interview lift
Without
With
+18.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
39 currently pending
Career history
1296
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
75.1%
+35.1% vs TC avg
§102
5.8%
-34.2% vs TC avg
§112
10.8%
-29.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1251 resolved cases

Office Action

§112
DETAILED ACTION Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1 and 3-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. As discussed in the interview of 08 April 2026, extensive amendments to the claims are necessary in order to overcome the 112 rejection. In that interview, these issues of indefiniteness were thoroughly discussed with respect to this same set of claims, but solutions thereto have not been incorporated into the current claims. Because these instances were discussed in that interview and with respect to these claims, they are not detailed in this Office action. Allowable Subject Matter There is currently no rejection in view of the prior art; however, patentability cannot be fully determined until the 112 rejections are overcome. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30. 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, Christopher Sebesta can be reached at 571 272-0547. 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. GARY S. HARTMANN Primary Examiner Art Unit 3671 /GARY S HARTMANN/Primary Examiner, Art Unit 3671
Read full office action

Prosecution Timeline

Show 2 earlier events
Sep 10, 2025
Response Filed
Jan 13, 2026
Final Rejection mailed — §112
Apr 01, 2026
Interview Requested
Apr 08, 2026
Examiner Interview Summary
Apr 08, 2026
Applicant Interview (Telephonic)
Apr 09, 2026
Request for Continued Examination
Apr 13, 2026
Response after Non-Final Action
Apr 15, 2026
Non-Final Rejection (signed) — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12637820
FORCED AIR SNOW REMOVAL SYSTEM
2y 4m to grant Granted May 26, 2026
Patent 12630983
INTERCHANGE SYSTEM FOR A ROADWAY
4y 1m to grant Granted May 19, 2026
Patent 12618201
Modular Mat System
4y 1m to grant Granted May 05, 2026
Patent 12612744
SYSTEM AND METHOD OF OPERATING A VIBRATING SCREED
3y 3m to grant Granted Apr 28, 2026
Patent 12601180
STAIRCASE WHEELCHAIR RAMP ASSEMBLY
2y 8m to grant Granted Apr 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

4-5
Expected OA Rounds
72%
Grant Probability
91%
With Interview (+18.9%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1251 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month