Prosecution Insights
Last updated: July 17, 2026
Application No. 18/124,468

METHOD FOR OPERATING A SOIL COMPACTOR AND SOIL COMPACTOR

Final Rejection §103
Filed
Mar 21, 2023
Priority
Mar 22, 2022 — DE 10 2022 106 657.6
Examiner
HARTMANN, GARY S
Art Unit
3671
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hamm AG
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
914 granted / 1260 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
36 currently pending
Career history
1300
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
75.2%
+35.2% vs TC avg
§102
5.9%
-34.1% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1260 resolved cases

Office Action

§103
DETAILED ACTION 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 1 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ackermann (U.S. Patent 7,873,492) in view of Mühlhausen et al. (AU 2021261837). Ackermann discloses a method for operating a soil compactor (1) movable in a longitudinal direction (unlabeled arrow, Figure 1) and includes compactor rollers (17, 19) with corresponding vibration excitation arrangements (not labeled). The compactor has oscillatory, vibratory and static compaction modes (column 4, lines 9-16). The compactor moves in a plurality of successive passes (n, n+1, for example). Ackermann is silent regarding passes in opposite directions; however, as can be seen, the compactor is essentially symmetrical and the operator’s seat appears to be rotatable, though that is not disclosed. The examiner takes Official notice that it is well known to configure compactors such that they are operational in opposite directions in order to efficiently perform compaction, since no transportation step of returning to the starting position without passing over the to be worked ground would be necessary. For this reason, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have performed these opposite direction pass(es). Ackermann specifically discloses changing among vibration, oscillation and static based upon various parameters. Further, Mühlhausen teaches operating front and rear compactor rollers in different states (last half of first full paragraph, page 16, for example), including optionally deactivating the rear roller. In view of these teachings, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used the claimed process in order to optimally compact a surface. Regarding claim 7, Ackermann discloses sensors to measure speed, which broadly meet recitations of a movement direction detection unit. An activation unit is inherent, since the vibration excitation arrangement would otherwise be incapable of being activated. Claims 7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ackermann (U.S. Patent 7,873,492) and Mühlhausen et al. (AU 2021261837), as applied above, and further in view of Troppman et al. (U.S. Patent 5,781,874). Ackermann and Mühlhausen are capable of operating in opposite directions. Troppman exemplifies that it is known to detect the direction in order to operate a compacting roller (claim 7d, for example). It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used a movement direction detection unit as claimed in order to properly compact the surface, in accordance with the teachings of each of Ackermann, Mühlhausen and Troppman. Response to Arguments Applicant’s arguments filed 26 February 2026 have been considered but are moot in view of the new grounds of rejection. Mühlhausen specifically teaches different modes of operation, including deactivating the rear roller. The movement direction detection unit is essentially an automation of a manual activity, which is not a patentably distinguishing characteristic. As discussed above, this is also known. Conclusion 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 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
Read full office action

Prosecution Timeline

Mar 21, 2023
Application Filed
Dec 02, 2025
Non-Final Rejection mailed — §103
Feb 26, 2026
Response Filed
Jun 17, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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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
72%
Grant Probability
91%
With Interview (+18.9%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1260 resolved cases by this examiner. Grant probability derived from career allowance rate.

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