Prosecution Insights
Last updated: May 04, 2026
Application No. 18/334,037

HOPPER RAILROAD CAR HAVING TOP HATCH COVER ASSEMBLY

Non-Final OA §102
Filed
Jun 13, 2023
Priority
Aug 25, 2020 — continuation of 11/713,061
Examiner
MCCARRY JR, ROBERT J
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Gunderson LLC
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
1243 granted / 1516 resolved
+30.0% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
34 currently pending
Career history
1550
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
34.3%
-5.7% vs TC avg
§102
43.0%
+3.0% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1516 resolved cases

Office Action

§102
DETAILED ACTION The Information Disclosure Statements filed on June 13, 2023 and January 11, 2024 have both been reviewed and considered by the Examiner. 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 . Claim Rejections - 35 USC § 102 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. 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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dominguez (US 4,452,150). Dominguez discloses a method for securing a hopper car cover comprised of a hopper railroad car top hatch cover assembly 20 for a hopper railroad car 4 having a roof 4 and an upwardly extending coaming 10. The assembly is comprised of a hatch cover 30 pivotally connected on one side of the coaming and including a movable hatch pivotally movable from a closed position engaging the coaming to an open position disengaged from the coaming by way of shaft 44. A hatch cover securer, in the form of a pivot arm 26, is movably connected on an opposite side of the coaming and including a hatch cover engager movable from a hatch cover engagement position in which the hatch cover engager secures the movable hatch in the closed position engaging the coaming to a hatch cover non-engagement position in which the hatch cover engager allows the movable hatch to move to the open position. The hatch cover engager is pivotally movable from the hatch cover engagement position to the hatch cover non-engagement position by way of movable arm 26. The hatch cover securer includes a hatch cover engager rotator connected to the hatch cover engager and configured to pivot the hatch cover engager from the hatch cover engagement position to the hatch cover non-engagement position, as shown in figures 1 and 2. The hatch cover engager is configured to engage a pivot arm 26 of a hinge of the hatch cover when the hatch cover engager is in the hatch cover engagement position. The hatch cover engager 33 is linearly movable from the hatch cover engagement position in which the hatch cover engager secures the hatch cover to the hatch cover non-engagement position. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00. 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, S. Joseph Morano can be reached at 571-272-6684. 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. /Robert J McCarry Jr/Primary Examiner, Art Unit 3615 RJM January 5, 2026
Read full office action

Prosecution Timeline

Jun 13, 2023
Application Filed
Jan 05, 2026
Non-Final Rejection — §102 (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

1-2
Expected OA Rounds
82%
Grant Probability
98%
With Interview (+16.5%)
2y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1516 resolved cases by this examiner. Grant probability derived from career allowance rate.

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