Prosecution Insights
Last updated: April 19, 2026
Application No. 18/107,335

System and Method for Obtaining, Transmitting and Maintaining Automated Single-Car Test Device Railway Brake Test Results

Non-Final OA §102§103
Filed
Feb 08, 2023
Examiner
KUHFUSS, ZACHARY L
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Buckeye Mountain Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
829 granted / 1065 resolved
+25.8% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
37 currently pending
Career history
1102
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
48.6%
+8.6% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1065 resolved cases

Office Action

§102 §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 . 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 (i.e., changing from AIA to pre-AIA ) 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. Drawings The drawings are objected to because they contain grayscale images with text that is difficult to decipher. Regarding figures 2A, 3A, 3B and 10, the text within the images is difficult to decipher. Regarding figures 1, 4A, 4B, 4C, 4D, 5A, 5B, 5C, 5D, 6, 7 and 7A, these figures contain grayscale images instead of black and white line drawings, as required. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 2, 5, 8 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sich (US 2013/0186193 A1). Referring to Claim 1: Sich discloses a wireless interface comprising: a first interface (48, 52) configured to maintain a connection with an automated single car test device (12) (Para. [0017]); a second interface (54) configured to provide internet connectivity (Para. [0015] and [0017]) (Fig. 1); and a third interface (60) configured to provide local communication with the automated single car test device, wherein at least one of the interfaces captures automatic brake test results comprising at least a unique railway car identifier, a geocoordinate, a single car air brake inspection date, and an indicator that an air brake test was performed using the automated single car test device (Para. [0016]). Referring to Claim 2: Sich discloses the wireless interface of claim 1 wherein the first interface (48, 52) is further configured to capture air brake test results periodically from the automated single car test device (12) (Para. [0020]). Referring to Claim 5: Sich discloses the wireless interface of claim 1 wherein the second interface (54) wirelessly provides external internet access to and from the automated single car test device (Para. [0007] and [0017]) (Fig. 1). Referring to Claim 8: Sich discloses the wireless interface of claim 1 further including a power converter (56) that converts power supplied by the automated single car test device (12) for powering the first (48, 52), second (54), and third interfaces (60) (Fig. 1) (Para. [0015]). Referring to Claim 11: Sich discloses a wireless interface comprising: a first interface (48, 52, 60) configured to maintain a connection with an automated single car test device (12) (Para. [0017]); and a second interface (54) configured to provide local wireless communication between at least one wireless device and the automated single car test device (Para. [0015] and [0017]) (Fig. 1), wherein the first interface reads an identifier from the automated single car test device and the second interface configures the local wireless communication to indicate information associated with the identifier (Para. [0018]). 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. Claim(s) 3, 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sich in view of Fugiel et al. (US 2014/0076031 A1). Referring to Claim 3: Sich does not specifically teach that the first interface is further configured to read air brake test results from the automated single car test device in response to a manual operation such as a button push. However, Fugiel teaches a portable control device for wireless communication with air break line control devices, wherein the first interface (302) is further configured to read air brake test results (314) from the automated single car test device in response to a manual operation such as a button push (Figs. 9 and 14) (Para. [0050] and [0051]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Sich to use a manually operated push button to initiate reading air brake test results, as taught by Fugiel, in order to allow a user to perform the testing on demand and access the results through a convenient interface with a reasonable expectation of success. Referring to Claim 7: Sich does not specifically teach that the automated single car test device has a housing, and the wireless interface is configured to be external to the automated single car test device housing. However, Fugiel teaches a portable control device for wireless communication with air break line control devices, wherein the automated single car test device (102) has a housing (Para. [0059]), and the wireless interface is configured to be external to the automated single car test device housing (Figs. 1 and 9) (Para. [0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Sich to use a portable control device as an interface external to the automated single car test device, as taught by Fugiel, in order to allow a user to perform the testing on demand and access the results through a convenient, mobile interface with a reasonable expectation of success. Referring to Claim 9: Sich does not specifically teach that the first interface is configured to connect to the automated single car test device via a touchscreen tablet multipin connector, thereby providing network connectivity to and from the first interface to the second and third interfaces. However, Fugiel teaches a portable control device for wireless communication with air break line control devices, wherein the mobile interface (104) is a touchscreen tablet providing network connectivity to the other interfaces (Figs. 1 and 9) (Para. [0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Sich to use a portable control device in the form of a touchscreen tablet, with appropriate connections, to provide network connection between the interfaces, as taught by Fugiel, in order to allow a user to perform the testing on demand and access the results through a convenient, mobile interface with a reasonable expectation of success. Claim(s) 4, 6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sich in view of Dougherty et al. (US 6,837,550). Referring to Claim 4: Sich teaches wirelessly communicating with a web server (Para. [0017]) (Fig. 1), but does not explicitly teach that the second interface wirelessly sends the captured air brake test results to a web server that wirelessly communicates with a plurality of wireless interfaces connected to different automated signal car test devices. However, Dougherty teaches a brake system diagnostic using a hand-held radio device, wherein the second interface (16) wirelessly sends the captured air brake test results to a web server (114) that wirelessly communicates with a plurality of wireless interfaces (118) connected to different automated signal car test devices (Fig. 2) (Col. 3, line 64 – Col. 4, line 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Sich to interface with a web server and wirelessly send test results to the web server connected to multiple devices in order to provide a centralized database easily accessible by a plurality of users within the system with a reasonable expectation of success. Referring to Claim 6: While Sich teaches that “[t]he processor may be part of a server, client, network infrastructure, mobile computing platform, stationary computing platform, or other computing platform” (Para. [0021]), Sich does not specifically teach that the third interface wirelessly provides a dynamically unique wireless local area network with route to the first interface. However, Dougherty teaches a brake system diagnostic using a hand-held radio device, wherein the server interface (114) wirelessly provides a dynamically unique wireless local area network with route to the mobile interface (16) (Fig. 2) (Col. 3, line 58 – Col. 4, line 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Sich to interface with a web server and wirelessly send test results to the web server connected to multiple devices in order to provide a centralized database easily accessible by a plurality of users within the system with a reasonable expectation of success. Referring to Claim 10: Sich teaches that the first interface is used to capture details of the automated single car test device (Para. [0017]) (Fig. 1), but does not explicitly teach that the first interface is used to configure the second interface for a uniquely identified wireless local area network. However, Dougherty teaches a brake system diagnostic using a hand-held radio device, wherein the mobile interface (16) wirelessly sends the captured air brake test results to a web server (114) that wirelessly communicates with a plurality of wireless interfaces (118) connected to different automated signal car test devices (Fig. 2) (Col. 3, line 64 – Col. 4, line 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Sich to use a mobile interface with a web server and wirelessly send test results to the web server connected to multiple devices with unique IDs in order to provide a centralized database easily accessible by a plurality of users within the system with a reasonable expectation of success. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sich in view of Takatori et al. (US 2018/0013580 A1). Referring to Claim 12: Sich does not specifically teach that the second interface configures an SSID to include the automated single car test device identifier. However, Takatori teaches a network system of a railcar, wherein the maintenance terminal is cable of setting and storing SSIDs for the wireless LAN access points (Para. [0058]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Sich to use LAN access points within a wireless network, and allow an interface to configure SSIDs within the network, in order to wirelessly communicate within the network using appropriate identification of the components with a reasonable expectation of success. Conclusion The references made of record and not relied upon are considered pertinent to applicant's disclosure : Hawthorne et al. (US 2006/0048566 A1) teaches a computerized single car test device with wireless interfaces separate from the testing device (Fig. 1). Vaughn (US 2009/0211339A1) teaches a single car test interface device capable of wireless connection to the controller interface (claim 5). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY L KUHFUSS whose telephone number is (571)270-7858. The examiner can normally be reached Monday - Friday 10:00am to 6:00 pm CDT. 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, Samuel (Joe) Morano can be reached on (571)272-6682. 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. /ZACHARY L KUHFUSS/Primary Examiner, Art Unit 3617
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Prosecution Timeline

Feb 08, 2023
Application Filed
Nov 19, 2025
Non-Final Rejection — §102, §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

1-2
Expected OA Rounds
78%
Grant Probability
96%
With Interview (+18.0%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1065 resolved cases by this examiner. Grant probability derived from career allow rate.

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