Prosecution Insights
Last updated: October 04, 2026
Application No. 18/868,241

Rail Vehicle with Pneumatic Suspension

Non-Final OA §103
Filed
Nov 22, 2024
Priority
May 25, 2022 — AT A50374/2022 +1 more
Examiner
SMITH, JASON CHRISTOPHER
Art Unit
Tech Center
Assignee
Siemens Mobility Austria GmbH
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1302 granted / 1558 resolved
+23.6% vs TC avg
Moderate +13% lift
Without
With
+13.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
63 currently pending
Career history
1586
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
46.5%
+6.5% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1558 resolved cases

Office Action

§103
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 . ________________________________________ Information Disclosure Statement The information disclosure statements filed November 22, 2024 have been considered. ________________________________________ Claim Objections Claim 7 is objected to because of the following informality: “rotatable mounted” is grammatically incorrect. Appropriate correction is required under MPEP § 608.01(m). Suggested Correction: In claim 7, replace “rotatable mounted” with “rotatably mounted.” ________________________________________ Claim Interpretation The auxiliary air tank extending in a recess in the car body is interpreted as a tank enclosure received at least partly within a cavity in the body structure. The description distinguishes an independent tank from an airtight section of the body and identifies the main cross member as part of the underframe (specification, pages 3–4 and 7; Figures 1–2). The claimed recess is not limited to an aperture in a flat floor sheet. The welded and cast language in claims 9–12 is considered for the resulting structure and material of the respective components, consistent with MPEP § 2113. ________________________________________ References Used Reference 1 (Primary) - KR 10-1242155 B1. Reference 2 - US 2014/0300076 A1. Reference 3 - US 2019/0118839 A1. Reference 4 - CN 105346551 A. ________________________________________ Claim Rejections - 35 U.S.C. 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, 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 3. Claim Text (L1) A rail vehicle with pneumatic suspension, comprising: a car body; (L2) at least one chassis rotatable mounted relative to the car body; and (L3) at least one pneumatic spring arranged between the car body and the at least one chassis; (L4) wherein each pneumatic spring is paired with an auxiliary air tank having a volume which is connected to a volume of the pneumatic spring; and (L5) wherein the auxiliary air tank is arranged above the pneumatic spring and extends in a recess in the car body. Analysis (L1) Reference 1 teaches a rail vehicle with a body underframe 200 and a bolster 100 attached to that underframe by flanges 111 and bolts B (Figure 7; paragraphs 0020 and 0025–0026). (L2) Reference 1 identifies bogie 300 as the chassis but does not expressly state the claimed relative rotation in the relied-upon passage. Reference 3 describes the conventional relative rotation of a rail-vehicle body and bogie accommodated by transverse displacement of the air springs (paragraphs 0004–0005). That conventional rotatable support relationship is applied to the body and bogie of Reference 1. (L3) Reference 1 places air spring 410 between bogie 300 and the body-attached bolster 100 (Figure 7). (L4) Internal space 140 provides auxiliary air volume communicating with air spring 410 through through-hole 121a and air injection nozzle 411 (paragraphs 0021–0024, 0027–0028 and 0038). Reference 1 does not expressly provide a distinct tank enclosure within that space. Reference 2 provides reservoir tank 270, with its own walls enclosing volume 205, received within cavity 204 of beam 218 and connected by hose 290 to bellows 241 (paragraphs 0084–0088; Figures 13–14A). (L5) Reference 1 places its communicating volume above spring 410 within the body-attached transverse bolster 100, but does not expressly disclose the claimed distinct tank extending into a receiving recess. Reference 2 supplies the tank-in-structural-cavity construction just described and additionally teaches an auxiliary reservoir in vehicle-frame cross member 789 (paragraphs 0104–0108). Its paragraphs 0114–0118 permit interchange of features and separate or integral reservoir construction. The combination provides a distinct reservoir within the receiving cavity of the body-attached bolster, retaining Reference 1's above-spring position and pneumatic connection. The receiving cavity is thus in the body structural member; it is not an asserted cavity in a detached bogie beam. Motivation It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Reference 1's above-spring body-attached bolster with the separate reservoir-in-cavity construction taught by Reference 2 and the conventional rotatable body-to-bogie support relationship described by Reference 3. Reference 2 uses structural-member interior space to accommodate an auxiliary reservoir and expressly permits separate and integral constructions to be interchanged. Applying its separate enclosure in the already hollow bolster provides the auxiliary volume without requiring an additional external tank envelope and keeps the pressure enclosure distinct from the surrounding structural member. Retaining the lower spring connection preserves pneumatic communication. Reference 3's conventional rotational accommodation permits the bogie to change direction relative to the body while the reservoir remains body-mounted. Each teaching concerns a compatible aspect of pneumatic vehicle support or reservoir packaging, yielding the predictable result of a communicating auxiliary tank in the above-spring body-member cavity with relative body/bogie rotation. ________________________________________ Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 3. Claim Text (L1) The rail vehicle with pneumatic suspension as claimed in claim 7, (L2) wherein the recess is formed in a main cross member of the car body. Analysis (L1) The claim 7 analysis is incorporated. (L2) Reference 1's bolster 100 spans the spring-support locations and is attached to underframe 200 through flanges 111 and bolts B, thereby constituting the body load-transmitting cross member (Figure 7; paragraphs 0020 and 0025–0028). Reference 1 does not expressly provide a recess receiving a distinct reservoir. Reference 2 teaches tank 270 within structural cavity 204 and separately teaches a reservoir associated with frame cross member 789 (paragraphs 0084–0088 and 0104–0108). Applying that receiving-cavity construction to the body-attached bolster places the tank recess in the main body cross member while preserving its transverse load-supporting role. Motivation It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the interior of Reference 1's body-attached main cross member as the receiving recess for Reference 2's separate reservoir, while retaining the support relationship of claim 7. Reference 2 teaches use of structural-member space for auxiliary air volume. Using that space in the cross member directly above the existing spring connection accommodates the reservoir without adding an outboard tank enclosure, predictably retaining both the transverse load path and the spring-connected auxiliary volume. ________________________________________ Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 3. Claim Text (L1) The rail vehicle with pneumatic suspension as claimed in claim 8, (L2) wherein the main cross member is produced from a plurality of steel components which are welded together. Analysis (L1) The claim 8 analysis is incorporated. (L2) Reference 1 describes upper plate 110, lower plate 120 and side plates 130 joined by welding, but does not expressly identify steel in the relied-upon disclosure (paragraphs 0021–0022). Reference 3 expressly teaches bolster 2 as a hollow box welded from steel plates with internal reinforcing structure (paragraph 0065; Figure 9). Applying that steel-plate construction to the body-attached cross member produces the claimed plural welded-steel components. The distinct reservoir supplied by Reference 2 remains within the member; its enclosure is not equated with the load-bearing steel plates. Motivation It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to construct the cross member of claim 8 from welded steel plates as expressly taught for Reference 3's bolster 2. Reference 1 already uses a welded-plate hollow member, and Reference 3 supplies a documented steel-box implementation for carrying rail-suspension loads. Selecting that compatible construction preserves the hollow receiving region and allows plate and reinforcing members to form the load-supporting box, predictably yielding a welded-steel cross member around the separate auxiliary reservoir. ________________________________________ Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 3, and further in view of Reference 4. Claim Text (L1) The rail vehicle with pneumatic suspension as claimed in claim 7, (L2) wherein the at least one auxiliary air tank is made of light metal via a casting process. Analysis (L1) The claim 7 analysis is incorporated. (L2) References 1–3 as applied in claim 7 do not expressly require a cast-light-metal tank. Reference 4 identifies cast-aluminum bolster structures with auxiliary air volume in paragraph 0003 and describes integral casting of a box having connected internal chambers in paragraphs 0005, 0008 and 0011. Aluminum is the light metal. Applying that cast-aluminum enclosure construction to the distinct reservoir supplied by Reference 2 produces a hollow cast-light-metal tank while preserving its above-spring receiving cavity and connection. This is a modification of the separate reservoir, not a statement that Reference 4 expressly places a separate tank within a body recess. Motivation It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the separate auxiliary reservoir of claim 7 as a cast-aluminum enclosure using Reference 4's documented cast-aluminum auxiliary-volume construction. Reference 4 teaches an integral cast box with connected chambers for railway pneumatic suspension. Applying that construction to the reservoir's own enclosure forms its walls and internal connections in an integral component rather than requiring the reservoir to be assembled from individually joined wall plates. The structural receiving member and the spring connection are retained, so the predictable result is the same communicating auxiliary volume packaged as a cast-light-metal tank. ________________________________________ Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 3, and further in view of Reference 4. Claim Text (L1) The rail vehicle with pneumatic suspension as claimed in claim 8, (L2) wherein the at least one auxiliary air tank is made of light metal via a casting process. Analysis (L1) The claim 8 analysis is incorporated. (L2) The inherited combination places a separate reservoir in the main cross-member recess but does not require a cast-light-metal enclosure. Reference 4's paragraph 0003 identifies cast-aluminum auxiliary-volume bolster construction; paragraphs 0005, 0008 and 0011 describe an integral cast box with communicating chambers. Using that construction for Reference 2's separate tank provides the cast-light-metal tank in the retained main cross-member recess. The tank and the receiving cross member remain distinct components. Motivation It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to manufacture the separate tank received in the main cross member of claim 8 as the cast-aluminum enclosure taught by Reference 4. An integral casting forms the reservoir walls and connected chamber structure while leaving the surrounding load-bearing cross member and above-spring location unchanged. Reference 4 applies that construction to the same pneumatic auxiliary-volume function, and Reference 2 permits a separate enclosure within structural space, making their adaptation technically compatible and predictably producing the claimed cast tank within the cross-member recess. ________________________________________ Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 3, and further in view of Reference 4. Claim Text (L1) The rail vehicle with pneumatic suspension as claimed in claim 9, (L2) wherein the at least one auxiliary air tank is made of light metal via a casting process. Analysis (L1) The claim 9 analysis is incorporated, including the welded-steel main cross member. (L2) That combination does not expressly require the separate tank to be cast light metal. Reference 4 supplies cast-aluminum auxiliary-volume enclosure construction at paragraph 0003, together with the integral cast box and connected chambers of paragraphs 0005, 0008 and 0011. Reference 2's reservoir tank 270 has its own enclosure within cavity 204 of the surrounding member (paragraphs 0084–0088; Figures 13–14A). Accordingly, the tank enclosure is formed as the cast-aluminum component while the main cross member remains the plural welded-steel structure supplied by Reference 3. The two material limitations apply to different components; neither inherited limitation is removed. Motivation It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to retain the welded-steel cross member of claim 9 and use Reference 4's cast-aluminum construction for the separate auxiliary tank within it. Reference 2 separates the tank enclosure from the surrounding structural beam, allowing the load-bearing member to retain its documented steel-plate construction while the reservoir is formed as an integral cast pressure enclosure. This preserves the steel load path and uses the cast connected-chamber structure for its disclosed air-volume function, predictably obtaining both structures without requiring a single part to be made of incompatible materials. ________________________________________ Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 3, and further in view of Reference 4. Claim Text (L1) The rail vehicle with pneumatic suspension as claimed in claim 10, (L2) wherein the auxiliary air tank comprises a hollow shape having the volume which is connected to the volume of the pneumatic spring. Analysis (L1) The claim 10 analysis is incorporated. (L2) Reference 2's tank 270 has its own enclosing walls defining hollow volume 205, connected through hose 290 to bellows 241 (paragraphs 0087–0088; Figures 14–14A). Reference 1 supplies the retained spring connection through through-hole 121a and nozzle 411, and Reference 4 supplies the cast enclosure with connected internal chambers. Forming the separate enclosure by casting retains its hollow communicating volume; no additional solid-filled tank or disconnected chamber is proposed. Motivation It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to retain the hollow communicating-volume arrangement of Reference 2's tank when applying the cast construction in claim 10. The auxiliary reservoir performs its pneumatic function through that enclosed volume and its connection to the spring, while Reference 4 expressly uses connected internal chambers in a casting. Preserving those passages and the hollow interior predictably preserves the additional pneumatic volume rather than defeating the reservoir's disclosed function. ________________________________________ Allowable Subject Matter Claim 14 is 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. The following is a statement of reasons for the indication of allowable subject matter: Claim 14, through claims 13, 10 and 7, requires the communicating cast-light-metal auxiliary tank above the pneumatic spring and extending into a body recess, with its hollow shape extending both annularly around the spring and substantially cuboidly toward the car-body center. US 2014/0300076 A1 teaches a separate reservoir in a structural cavity and a spacer 470 with an open-ended receiving cavity 487, but does not establish this complete annular-plus-centerward-cuboid relationship (Figures 14A and 17–19). CN 105346551 A teaches cast auxiliary-volume construction, but its circular spring seat 20 is not an annular tank volume and does not supply the centerward-cuboid extension. KR 10-1242155 B1 supplies the above-spring body-attached reservoir location, not that combined tank shape. Their reservoir-packaging and casting teachings do not provide a reason to select the particular combined spatial relationship required by claim 14. The indication includes every limitation of claims 7, 10 and 13, not the added geometry in isolation. ________________________________________ Conclusion Claims 1–6 are canceled. Claims 7–14 are pending. Claims 7–13 are rejected. Claim 7 is additionally objected to for the stated grammatical informality. Claim 14 contains allowable subject matter but is objected to as dependent upon a rejected base claim and would be allowable only if rewritten in independent form including all limitations of claims 7, 10 and 13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. ________________________________________ Art Considered but Not Applied US 2015/0122145 A1 was considered for its auxiliary reservoir and air-spring end-member construction, but does not supply a better whole-claim disclosure of the above-spring tank in a body recess or claim 14's combined tank geometry. US 2017/0307043 A1 was considered for its communicating chambers and hollow end-member construction, but does not supply the annular-plus-centerward-cuboid cast tank required by claim 14 in the inherited body-recess arrangement. EP 3 121 089 A1 was considered for its tubular auxiliary reservoir and mounting bracket. Its externally mounted reservoir does not disclose the claimed receiving body recess or the complete tank shape of claim 14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON C SMITH whose telephone number is (703)756-4641. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM. 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, 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. /Jason C Smith/ Primary Examiner, Art Unit 3615
Read full office action

Prosecution Timeline

Nov 22, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12746826
SYSTEM FOR ELECTRICALLY FEEDING AT LEAST ONE ELECTRICALLY POWERED VEHICLE
3y 4m to grant Granted Sep 29, 2026
Patent 12738704
SLIDABLE CURRENT COLLECTOR AND METHOD FOR CONTACTING CONDUCTOR RAIL
2y 12m to grant Granted Sep 15, 2026
Patent 12715483
RAIL CAR MODULARIZED MODIFICATION PROGRAMS ALTERING THE NATURE OF THE CENTER SILL IN THE MODIFIED RAILCAR AND THE MODIFIED RAILCARS FORMED THEREBY
3y 2m to grant Granted Aug 25, 2026
Patent 12715488
CONVEYANCE SYSTEM, METHOD FOR CONTROLLING CONVEYANCE SYSTEM, AND STORAGE MEDIUM
3y 1m to grant Granted Aug 25, 2026
Patent 12709161
METHOD FOR CONTROLLING AN OPERATING CHARACTERISTIC OF A VEHICLE, SUCH AS THE GROUND CLEARANCE
4y 7m to grant Granted Aug 18, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
97%
With Interview (+13.0%)
2y 3m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1558 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month