Prosecution Insights
Last updated: April 19, 2026
Application No. 18/810,649

MILLING ATTACHMENT WITH ADJUSTABLE COVER

Non-Final OA §112
Filed
Aug 21, 2024
Examiner
KRECK, JANINE MUIR
Art Unit
3672
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Wirtgen GmbH
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
91%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
1038 granted / 1330 resolved
+26.0% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
25 currently pending
Career history
1355
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
37.2%
-2.8% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
24.0%
-16.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1330 resolved cases

Office Action

§112
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 . Specification The abstract of the disclosure is objected to because it appears to be directed to the invention claimed in the parent application. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). The title of the invention is not descriptive because it appears to be directed to the invention claimed in the parent application. A new title is required that is clearly indicative of the invention to which the claims are directed. Information Disclosure Statement The information disclosure statement filed 4 September 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. In particular, foreign reference 5 has no copy. Also, Examiner questions whether US45366361 (reference #1) is a typo as it does not appear pertinent to the invention. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 3, 10, and 20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 3 is indefinite regarding “other input” because the claim(s) include(s) elements not actually disclosed (those encompassed by "other"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Claim 10 is indefinite regarding “other input” because the claim(s) include(s) elements not actually disclosed (those encompassed by "other"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Claim 20 is indefinite regarding “other input” because the claim(s) include(s) elements not actually disclosed (those encompassed by "other"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Allowable Subject Matter Claim1, 2, 4-9, 11-19, and 21-23 are allowed. Claims 3, 10, and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The prior art includes active tilt mode machines such as ZANETIS US5299857 which described a milling /work machine including tilt cylinder 24, and US6116699 KACZMARSKI which described a milling /work machine which tilts on pivot axis 75 by action of side plate cylinder 50 (fig 5) both of which lack any floating. The prior art also includes DICKSON US5129755 (abstract) and WIRTGEN US3989304 (abstract) which describe milling /work machine which are allowed to float tilt but lack any tilt cylinder. The prior art fails to disclose or suggest the combination including the features of during the milling, switching the hydraulic circuit between the active tilt mode and the floating mode as required by claim 1; during the milling operation, switching the hydraulic circuit between the active tilt mode and the floating mode without interrupting the milling operation as required by claim 9 ; or configured to be switchable between the active tilt mode and the floating mode during milling of a ground surface by rotating the milling drum as required by claim 15 Any inquiry concerning this communication or earlier communications from the examiner should be directed to Janine M KRECK whose telephone number is (571)272-7042. The examiner can normally be reached telework: M-F 0600-1530 EST. 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, Nicole Coy can be reached at 5712725405. 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. /Janine M Kreck/ Primary Examiner, Art Unit 3672 1 Method And Machine For Electrical Resistance Roll Seam Welding With A Single Electrode-wire
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Prosecution Timeline

Aug 21, 2024
Application Filed
Mar 20, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12595733
ROTARY BORING MINING MACHINE INERTIAL STEERING SYSTEM
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2y 5m to grant Granted Mar 31, 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
91%
With Interview (+13.4%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 1330 resolved cases by this examiner. Grant probability derived from career allow rate.

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