Prosecution Insights
Last updated: October 04, 2026
Application No. 18/868,878

RAIL VEHICLE AND METHOD FOR CAPTURING A TRACK GAUGE COURSE

Non-Final OA §102
Filed
Nov 25, 2024
Priority
May 24, 2022 — AT A50364/2022 +1 more
Examiner
BUTLER, KEVIN C
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft M B H
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
831 granted / 928 resolved
+21.5% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
25 currently pending
Career history
948
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
57.2%
+17.2% vs TC avg
§102
33.4%
-6.6% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 928 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 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) 11-21 is/are rejected under 35 U.S.C. 102(a)(1) & 102(a)(2) as being anticipated by Bingmann (US-3906789). In regards to claim 11, Bingmann teaches a rail vehicle, comprising: (abstract; 1 fig. 1, ‘rail test car’) a vehicle frame having a longitudinal direction and being movable on a track having a track gauge; (s, 1 fig. 1, ‘track gauge’, ‘‘rail test car with longitudinal frame’; 48 col.2 - 60 col. 4) rail running gears supporting said vehicle frame; (2, 4, 6 , 8 fig. 1,’ leading track gage carriage’, ‘trailing track gage carriage’, ‘pair of gaging wheels’) a first track gauge measurement system disposed on the rail vehicle for recording a first course of the track gauge; (2 fig. 1,’ leading track gage carriage’) a second track gauge measurement system disposed at a spacing in the longitudinal direction of the vehicle from said first track gauge measurement system, (6 fig. 1, ‘trailing track gage carriage’) for recording a second course of the track gauge; and (13, 16-22 fig. 1, ‘recorders, ’computer’, ‘storage device’) a higher-level analysis device coupled to said first and second track gauge measurement systems, said analysis device having an algorithm for determining an offset of the first and second courses of the track gauge. (13-14, 16, 21-22 fig. 1, ‘electronic computer’, ‘odometer’, ‘recorder’, ‘computer evaluation unit’, ‘storage unit’; 48 col.2 - 60 col. 4) In regards to claim 12, Bingmann teaches a rail vehicle according to claim 11, (see claim rejection 11) wherein said analysis device has an algorithm calculating at least one of a travelling speed or a covered travel distance from said time offset of the first and second courses of the track gauge and a known spacing between said first and second track gauge measurement systems. (22-59 col. 4; 48 col.2 - 60 col. 4) In regards to claim 13, Bingmann teaches a rail vehicle according to claim 11, (see claim rejection 11) which further comprises a distance measurement sensor disposed on a wheel axle, said distance measurement sensor being coupled to said analysis device for checking a measured travel distance. (14 fig. 1, ‘odometer’; 58-68 col. 3) In regards to claim 14, Bingmann teaches a rail vehicle according to claim 11, (see claim rejection 11) wherein each of said track gauge measurement systems includes two respective gauge recording units each configured for non-contact recording of a rail of the track. (2, 6 fig. 1,’ leading track gage carriage’, ‘‘trailing track gage carriage’) In regards to claim 15, Bingmann teaches a rail vehicle according to claim 14, wherein said gauge recording units are light-section sensors. (15 fig. 1, ‘moving chart’; ‘The electrical signals from track gaging wheels 8, 8 are recorded on chart 15 as graph 18 and the discrete signals from delay circuit 12, which are reflective of the track gages measured by gaging wheels 4, 4, are recorded on the chart as graph 19, all the graphs being recorded side-by-side to distance markers 20 showing the distance traversed by car 1 and correspondingly by moving chart 15’; 1-37 col. 4) In regards to claim 16, Bingmann teaches a rail vehicle according to claim 11, (see claim rejection 11) which further comprises a work unit disposed on said vehicle frame for maintaining the track, said analysis device storing a spacing between said work unit and at least one of said first and second track gauge measurement systems. (13, 21, 22 fig. 1,’electronic computer’, ’computer evaluation means’, ‘storage device’) In regards to claim 17, Bingmann teaches a rail vehicle according to claim 11, (see claim rejection11) wherein said rail running gears include front and rear rail running gears, one of said track gauge measurement systems is disposed on said front rail running gear and another of said track gauge measurement systems is disposed on said rear rail running gear. (2, 6 fig. 1,’ leading track gage carriage’, ‘‘trailing track gage carriage’; (2, 6 fig. 1,’ leading track gage carriage’, ‘‘trailing track gage carriage’) In regards to claim 18, Bingmann teaches a method for operating a rail vehicle, the method comprising: (abstract; 1 fig. 1, ‘rail test car’) providing the rail vehicle according to claim 11; (see claim rejection 11) using said first and second track gauge measurement systems to record the respective first and second courses of the track gauge; (2, 4, 6 , 8 fig. 1,’ leading track gage carriage’, ‘trailing track gage carriage’, ‘pair of gaging wheels’) feeding the courses of the track gauge to said analysis device; (14, 16, 21-22 fig. 1, ‘odometer’, ‘recorder’, ‘computer evaluation unit’, ‘storage unit’; 48 col.2 - 60 col. 4) the algorithm in said analysis device to determine the offset of the first and second courses of the track gauge. (14, 16, 21-22 fig. 1, ‘odometer’, ‘recorder’, ‘computer evaluation unit’, ‘storage unit’; 48 col.2 - 60 col. 4) In regards to claim 19, Bingmann teaches a method according to claim 18, (see claim rejection 18) which further comprises using an algorithm in said analysis device to determine at least one of a travelling speed or a covered travel distance from a time offset of the first and second courses of the track gauge and a spacing between said first and second track gauge measurement systems. (21-22 fig. 1, ‘computer evaluation unit’, ‘storage unit’; 22-59 col. 4; 48 col.2 - 60 col. 4) In regards to claim 20, Bingmann teaches a method according to claim 18, (see claim rejection 18) which further comprises using a distance measurement sensor disposed on a wheel axle to measure a travel distance, and checking the measured travel distance in said analysis device by comparing the measured travel distance with the offset of the first and second courses of the track gauge. (14 fig. 1, ‘odometer’; 22-59 col. 4; 48 col.2 - 60 col. 4) In regards to claim 21, Bingmann teaches a method according to claim 18, which further comprises positioning a work unit on said vehicle frame above the track based on the offset of the first and second courses of the track gauge.(15, 16-19, 20 fig. 1, ‘moving chart’, ‘distance markers’; 48 col.2 - 60 col. 4) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited Speldrich (US 11,391,613), Ishikawa (US 2005/0058575), and Syage (US 2007/0034024) references further describe a sampling module with multiple flow paths as described by the claims. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN C BUTLER whose telephone number is (571)270-3973. The examiner can normally be reached 9-5. 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, Stephanie E Bloss can be reached at (571)272-3555. 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. /K.C.B/Examiner, Art Unit 2852 /STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852
Read full office action

Prosecution Timeline

Nov 25, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12748002
STRESS AND DISPLACEMENT SENSORS AND METHODS OF SENSING
2y 11m to grant Granted Sep 29, 2026
Patent 12748023
LOCALIZED REWORK USING POWDER BED FUSION GENERATED SEGMENTS
3y 2m to grant Granted Sep 29, 2026
Patent 12734615
METHOD FOR MONITORING THE CONDITION OF A LASER MACHINING HEAD, AND LASER MACHINING SYSTEM FOR CARRYING OUT SAID METHOD
3y 6m to grant Granted Sep 15, 2026
Patent 12736443
AIR PURIFIER
3y 7m to grant Granted Sep 15, 2026
Patent 12728184
TISSUE-MIMICKING HYDROGEL MATERIAL
3y 5m to grant Granted Sep 08, 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
90%
Grant Probability
98%
With Interview (+8.8%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 928 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