Prosecution Insights
Last updated: August 16, 2026
Application No. 18/712,350

METHOD FOR OPERATING A TAMPING MACHINE

Non-Final OA §102
Filed
May 22, 2024
Priority
Nov 22, 2021 — AT A50929/2021 +1 more
Examiner
MCCARRY JR, ROBERT J
Art Unit
Tech Center
Assignee
Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft M B H
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
1254 granted / 1534 resolved
+21.7% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
1556
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
35.6%
-4.4% vs TC avg
§102
41.5%
+1.5% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1534 resolved cases

Office Action

§102
DETAILED ACTION The Information Disclosure Statement filed on May 22, 2024 has 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 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) 16, 22, 25, 26 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hofstatter (WO 2020052879 A1). Hofstatter discloses tamping machine, and method of operating the machine. The machine is comprised of four tamping units 6, each having four tamping tools 9 and a lifting and lining unit in the form of a tool carrier 10. A measuring system 4 with a measuring value transducer and a control/regulating device 16 having at least two controllers including a first controller 17 assigned to a first lifting mode for a standard operation, and a second controller 18 assigned to a second lifting mode for turnouts. The tamping machine is configured for carrying out the method which comprises the steps of actuating the lifting and lining unit 10 via the control/regulating device 16 in dependence on a track position recorded by means of the measuring system 4 such that a treated track section is lifted to a target level during a lifting time and selecting at least two controllers 17, 18 set up in the control/regulating device 16 such that a first controller 17 of the controllers is activated in a first lifting mode for standard operation and that a second controller 18 of the controllers is activated in a second lifting mode for turnouts. The method further comprises providing the control/regulating device 16 with position data of the track for switching between the first and second lifting modes, based on the machine being over a straight section or a turnout section of the track. Allowable Subject Matter Claims 17-21, 23, 24, 27 and 29-32 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lichtberger (US 10,550,525), Philipp (WO 2020083584 A1) and Plasser (AT 519739 B1) all show various tamping machines and methods of operating. 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 July 13, 2026
Read full office action

Prosecution Timeline

May 22, 2024
Application Filed
Jul 16, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
99%
With Interview (+16.9%)
2y 9m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1534 resolved cases by this examiner. Grant probability derived from career allowance rate.

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