Prosecution Insights
Last updated: August 06, 2026
Application No. 18/809,525

MONITORING DEVICE FOR A SLIPFORM PAVER FOR MONITORING THE COMPACTION OF CONCRETE AND METHOD FOR MONITORING THE COMPACTION OF CONCRETE DURING THE OPERATION OF A SLIPFORM PAVER

Non-Final OA §102
Filed
Aug 20, 2024
Priority
Aug 29, 2023 — DE 10 2023 123 252.5
Examiner
RISIC, ABIGAIL ANNE
Art Unit
Tech Center
Assignee
Wirtgen GmbH
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
870 granted / 1120 resolved
+17.7% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
30 currently pending
Career history
1140
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
56.5%
+16.5% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1120 resolved cases

Office Action

§102
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 . 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, 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heimbruch et al. (5,992,238) (“Heimbruch”). Regarding claim 1, Heimbruch teaches a slipform paver, comprising: a slipform configured to form a concrete structure from concrete (Column 1, Lines 15-25); at least one hydraulic concrete compaction device (10) including a hydraulic motor (18) for driving a vibration-generating imbalance; a hydraulic fluid system configured to provide a hydraulic fluid to the hydraulic motor (20, 22); and a monitoring system for monitoring a compaction of the concrete, the monitoring system including: at least one pressure sensor (88) arranged in the hydraulic fluid system, and configured to generate a pressure signal correlated to a pressure in the hydraulic fluid; and a controller (70) configured to receive the pressure signal and to evaluate the compaction of the concrete based on an analysis of the pressure signal (Column 5, Lines 25-60). Regarding claim 8, Heimbruch teaches the hydraulic fluid system comprises a pressure line leading to the hydraulic motor (18) of the concrete compaction device and a return line leading from the hydraulic motor, and the at least one pressure sensor (88) is arranged in or on the pressure line and/or the return line. Regarding claim 11, Heimbruch teaches a method of monitoring a compaction of concrete placed in a slipform of a slipform paver with at least one hydraulic concrete compaction device (10), which has a hydraulic motor (18) for driving a vibration-generating imbalance (Column 3, Lines 30-45), which is operated with a hydraulic fluid that is provided in a hydraulic fluid system, the method comprising: measuring a pressure in the hydraulic fluid using at least one pressure sensor (88) arranged in the hydraulic fluid system, which pressure sensor generates a pressure signal correlating with the pressure in the hydraulic fluid; and determining the compaction of the concrete placed into the slipform of the slipform paver based at least in part on an analysis of the pressure signal (Column 5, Lines 25-50). Allowable Subject Matter Claims 2-7, 9-10, 12-16 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 is listed on the attached PTO-892. Muller teaches a slipform paver with compaction monitoring. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL ANNE RISIC whose telephone number is (571)270-7819. The examiner can normally be reached 8-5, M-Th. 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, Chris 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. /ABIGAIL A RISIC/Primary Examiner, Art Unit 3671 July 10, 2026
Read full office action

Prosecution Timeline

Aug 20, 2024
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12698605
MODULAR ROAD SAFETY BARRIER AND AN EMERGENCY OPENABLE PASSAGE
3y 8m to grant Granted Aug 04, 2026
Patent 12698604
STOWABLE DOCK SYSTEM
3y 9m to grant Granted Aug 04, 2026
Patent 12700306
Traffic Intersection
3y 6m to grant Granted Aug 04, 2026
Patent 12698603
PAVING MACHINE INCLUDING SCREED ASSEMBLY WITH COMPRESSION MECHANISMS
3y 2m to grant Granted Aug 04, 2026
Patent 12692672
CONCRETE SURFACE WORKING MACHINE WITH ACTUATOR-CONTROLLED ROCK TAMPER
3y 3m to grant Granted Jul 28, 2026
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
85%
With Interview (+7.3%)
2y 2m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1120 resolved cases by this examiner. Grant probability derived from career allowance rate.

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