Prosecution Insights
Last updated: July 17, 2026
Application No. 18/685,978

A HYBRID METHOD FOR CONTROLLING A RAILWAY SYSTEM AND AN APPARATUS THEREFOR

Non-Final OA §102§103
Filed
Feb 23, 2024
Priority
Aug 24, 2021 — AU 2021902689 +1 more
Examiner
CHEUNG, CALVIN K
Art Unit
Tech Center
Assignee
Technological Resources Pty Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
846 granted / 965 resolved
+27.7% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
18 currently pending
Career history
982
Total Applications
across all art units

Statute-Specific Performance

§101
10.7%
-29.3% vs TC avg
§103
49.6%
+9.6% vs TC avg
§102
17.0%
-23.0% vs TC avg
§112
6.0%
-34.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 965 resolved cases

Office Action

§102 §103
DETAILED CORRESPONDENCE Allowable Subject Matter Claim(s) 8-10 and 13-19 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Priority Status Foreign priority benefit under 35 U.S.C. 119 (a)-(d) is acknowledged. Status of Claims Preliminary Amended Claim(s) 1-19 and 52 is/are examined in this office 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. 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) 1-4 and 52 is/are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US 20130144517 A1 (“Kickbusch”). As to Claim 1, Kickbusch discloses A method (e.g., “method”) for operating a transport network (e.g., “transportation network”) comprised of a plurality of nodes interconnected by a number of links (e.g., “a plurality of interconnected routes” corresponds to a plurality of nodes interconnected by a number of links limitation) and including vehicles (e.g., “vehicles 108 are referred to by the reference numbers 108a, 108b, and 108c”) located on the links and nodes, the vehicles being for transporting loads between nodes of the transport network (see at least [0008] – “a method is provided that includes receiving a captured state of vehicles traveling in a transportation network according to associated schedules. The captured state represents locations of the vehicles in the transportation network at a selected time”, Abstract, Fig. 1 and 3 with associated text; in particular, [0019]-[0022]. Kickbusch further discloses cargo cars and passenger cars which transport loads such as cargo and passengers.), the method comprising: establishing communications with vehicles and network control apparatus of the transport network over a data communications network (see at least Fig. 1 and 4 with associated text; in particular, [0023], [0025], [0069]); subsequent to establishing the communications, receiving a state of the transport network including positions of the vehicles and states of the network control apparatuses via the data communications network (see at least [0008] – “The captured state represents locations of the vehicles in the transportation network at a selected time”, Fig. 2 with associated text; in particular, Step 202); running a plurality of computer simulations (e.g., Step 208 from Fig. 2 runs in a loop) of the transport network with reference to the state report (see at least [0036] – “The simulations performed by the resolution system 122 may begin with the vehicles 108 based on the captured state that is received”) for generating a number of feasible timetables (see at least Fig. 2 with associated text; in particular, Step 206), each of the plurality of computer simulations comprising: moving vehicle agents (see at least Fig. 2 with associated text; in particular, Step 208 and [0046]) corresponding to the vehicles over a graph (e.g., “maps”) of the transport network according to a vehicle movement procedure (see at least [0033]) configured to avoid gridlocking, and according to an optimal destination selection method configured to optimise vehicle agent journeys to meet demand for the loads at locations in the transport network (see at least [0029], [0042] and Fig. 3 with associated text), wherein each of the plurality of computer simulations is made with varied weightings in respect of optimisation factors in the optimal destination selection method to thereby vary each of the number of feasible timetables (see at least Fig. 2 with associated text; in particular, [0041]-[0045], with different proposed modifications (of timetables/schedule)); identifying an optimal timetable from the number of feasible timetables (see at least Fig. 2 with associated text; in particular, [0064]); and issuing controls to the vehicles and network control apparatus via the data communications network to control movement of the vehicles across the transport network in accordance with the optimal timetable (see at least Fig. 2-3 with associated text; in particular, [0065]). As to Claim 2, Kickbusch discloses including determining a set of constraints bounding each of the vehicle agents based on the graph (see at least [0006], [0025]-[0026], [0069]-[0070] – “the tracking module 402 may determine throughput parameters for the transportation network. For example, the tracking module 402 can monitor the flow of travel in the transportation network and, if the throughput parameter drops below a designated, non-zero threshold indicative of a slowdown event in the transportation network, the tracking module 402 may notify an operator and/or automatically notify the resolution system 122 (shown in FIG. 1). The tracking module 402 can notify the operator and/or resolution system 122 to being obtaining and/or examining proposed modifications to schedules of the vehicles 108 (shown in FIG. 1)”). As to Claim 3, Kickbusch discloses wherein the state report indicates the positions of the vehicles on the nodes and links of the transport network at a current time (see at least [0008] – “The captured state represents locations of the vehicles in the transportation network at a selected time”, Fig. 1-3 with associated text; in particular, [0069]). As to Claim 4, Kickbusch discloses wherein the vehicle movement procedure includes: determining values in a current status data structure assembly stored in an electronic data storage assembly (see at least [0006], [0033], [0041], [0069]). Claim 52 is directed to the same invention as Claim 1 and rejected in like manner. If Applicant believes Claim 52 is directed to a different invention a restriction will be issued. 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 of this title, 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) 5-7 and 11-12 is/are rejected under 35 U.S.C. § 103 as being unpatentable over Kickbusch and further in view of US 20130325223 A1 (“Sengupta”). As to Claim 5, Kickbusch discloses wherein the current status data structure assembly stores: node-vehicle-direction data (see at least [0069] – “the directions of travel of the vehicles 108 based on previous locations of the vehicles 108” where “node” is mapped to “previous location”); and link-vehicle-direction data (see at least [0069] – “the directions of travel of the vehicles 108 based on previous locations of the vehicles 108” where “link” is interpreted as “based on” from “based on previous location”). Kickbusch does not directly disclose node-vehicle-occupancy reservation data; link-vehicle-occupancy reservation data; and matrices C-F. However, Sengupta teaches node-vehicle-occupancy reservation data (see at least [0056], [0066] – “The system may further process the input data and give output in the form of simulation, planning, training, alarms maintenance, passenger information, MIS reports and graphic displays”, [0068]-[0114]); link-vehicle-occupancy reservation data (see at least [0056], [0066], [0068]-[0114]); and matrices C-F (e.g., “database”; see at least [0068]. A “matrix” under the broadest reasonable interpretation is comprised of rows and columns intersecting one another to form individual cells containing data/information similar to a database table.). It would have been obvious to one of ordinary skill in the art BEFORE the effective filing date of the claimed invention to modify Kickbusch’s invention by incorporating a planning/controller function as taught by Sengupta in order to plan out or modify a trip. As to Claim 6, Kickbusch wherein the graph includes slots defining vehicle hosting capacities of the nodes and the links including one or more (Only one option is required to satisfy a “one or more” limitation.) passing places (e.g., “siding section route 304”) for vehicles to pass each other (see at least [0033], [0044] – “pull off of the route 302 onto the siding section route 304 to allow the vehicle 108m to pass on the route 302, before the vehicle 108j pulls back onto the route 302”, [0072], Fig. 2 with associated text; in particular, Step(s) 208-218). As to Claim 7, Kickbusch discloses wherein running each of the plurality of computer simulations includes associating vehicle journey information, including a destination, with a corresponding vehicle agent (see at least [0025]-[0026], Fig. 2-3 with associated text; in particular, [0069]. Kickbusch further discloses an on-board, machine operator for vehicle 108.). As to Claim 11, Kickbusch discloses upon a vehicle agent modifying an assigned destination to a new destination (see at least [0025]-[0026], [0030]). Kickbusch does not directly disclose reaching a destination and assigning a new destination. However, Sengupta teaches reaching a destination (e.g., “current station”) and assigning a new destination (e.g., “next…station”) (see at least [0028], [0030], [0032]). (Same motivation and rationale to combine as Claim 5) As to Claim 12, Kickbusch discloses successively setting each vehicle agent waiting at one of the passing places in the graph to be a current vehicle agent heading to their destination (see at least [0025]-[0026], [0030], [0033], [0044]). Kickbusch does not directly disclose until all vehicle agents have reached their destination. However, Sengupta teaches until all vehicle agents have reached their destination (see at least [0028], [0030], [0032]. Sengupta teaches the train goes from one station to the next along the railroad route.). (Same motivation and rationale to combine as Claim 5) Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: US 20130151133 A1 discloses a method includes determining an operational parameter of a first vehicle traveling with a plurality of vehicles in a transportation network and/or a route in the transportation network, identifying a failure condition of the first vehicle and/or the route based on the operational parameter, obtaining plural different sets of remedial actions that dictate operations to be taken based on the failure condition, simulating travel of the plurality of vehicles in the transportation network based on implementation of the different sets of remedial actions, determining potential consequences on travel of the plurality of vehicles in the transportation network when the different sets of remedial actions are implemented in the travel that is simulated, and, responsive to the potential consequences, receiving a selection of at least one of the different sets of remedial actions to be implemented in actual travel of the plurality of vehicles in the transportation network. US 9073562 B2 discloses a system and method of planning the movement of plural trains over a network of track by simulating the movement of the trains over the network of track. US 20210248290 A1 discloses a system for design, modeling, simulation, and analysis of transportation systems, wherein said system may obtain a set of configuration data for a set of transportation systems. Said system may generate a set of models for the set of transportation systems based on the set of configuration data and may simulate operations of the proposed transportation system and the one or more other transportation systems based the set of models. The system may also obtain a set of performance metrics for the set of transportation systems based on the simulation. US 7512481 B2 discloses a system and method for controlling the movement of plural trains over a rail network, where the rail network is divided into a plurality of planning areas with a boundary element of common track between adjacent planning areas, using a local coordinating agent for controlling the movement of the trains through the boundary elements. Written Authorization Required for Internet Communication MPEP § 502.03 II, “Without a written authorization by applicant in place, the USPTO will not respond via email to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122. A paper copy of such correspondence and response will be placed in the appropriate patent application by the examiner. Except for correspondence that only sets up an interview time, all correspondence between the Office and the applicant including applicant's representative must be placed in the appropriate patent application. If an email contains any information beyond scheduling an interview, such as an interview agenda, it must be placed in the application. The written authorization may be submitted via the USPTO patent electronic filing system, mail, or fax. It cannot be submitted by email.” Contact Information Primary Examiner Calvin Cheung’s contact information is listed at the bottom, and he is best reached MONDAY-THURSDAY, 0700-1700 ET. If attempts to reach the primary by telephone are unsuccessful, the primary’s supervisor, ERIN PIATESKI, is available at telephone number (571) 270-7429. Applicants are encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice for scheduling an examiner interview that will be performed over telephone or video conferencing (using a USPTO supplied web-based collaboration tool). Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CALVIN CHEUNG/ Direct Office Number (571) 270-7041 Email and Fax send to Calvin.Cheung@USPTO.GOV
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Prosecution Timeline

Feb 23, 2024
Application Filed
Jun 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+8.3%)
2y 5m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 965 resolved cases by this examiner. Grant probability derived from career allowance rate.

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