Prosecution Insights
Last updated: July 17, 2026
Application No. 18/891,243

ROAD CONSTRUCTION MACHINE

Non-Final OA §102
Filed
Sep 20, 2024
Priority
Sep 21, 2023 — EU 23198702.5
Examiner
IMTIAZ, ZOHEB S
Art Unit
Tech Center
Assignee
Joseph Vögele AG
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
384 granted / 476 resolved
+20.7% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
24 currently pending
Career history
497
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
79.6%
+39.6% vs TC avg
§102
13.1%
-26.9% vs TC avg
§112
4.9%
-35.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 476 resolved cases

Office Action

§102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US publication no.: US 2022/0024324 A1. Regarding claims 1 and 19, Sopko, Jr et al. teach, A road construction machine comprising: a chassis (see figures 1-3 for the drive machine that includes frame 104); a driving gear (see paragraph 28 for the drive train components); one or more working aggregates for installing or removing a road surface and/or for conveying a paving material (see figures 1-3 and paragraph 23, where the working aggregates are depicted; hydraulic systems 112 ); one or more individual drives (PTO motor 214 and drive motor 200, figures 1-3) which are adapted to power the driving gear and/or the working aggregates; a primary drive system (power modules 304(1)- 304(7), figure 3)) for powering the one or more individual drives of the road construction machine; and an interface (power assembly 130, figures 1-3), wherein the interface is adapted to connect the primary drive system in a coupleable manner to the one or more individual drives to enable the one or more individual drives to be supplied with power from the primary drive system, and the primary drive system is adapted to be replaceable (see figure 3 and paragraphs 27 and 37-48, where it is explained that the power modules are interchangeable amongst many drive modules). Regarding claim 2, Sopko, Jr et al. teach, the road construction machine according to claim 1, wherein the primary drive system has a primary drive source, wherein the primary drive source is selected from the following group: a combustion engine, a fuel cell, an accumulator or an external power source located outside the road construction machine (see figure 3, where the primary power modules 304 are listed). Regarding claim 3, Sopko, Jr et al. teach, the road construction machine according to claim 1, further comprising a buffer battery (battery modules 304(1), figure 3) arranged between the primary drive system and the one or more individual drives (see paragraph 43, where the scenario is depicted where the engine powers the system directly or is utilized to charge the battery modules). Regarding claim 4, Sopko, Jr et al. teach, the road construction machine according to claim 3, wherein the buffer battery is a direct current battery or an alternating current battery (see paragraph 42). Regarding claim 5, Sopko, Jr et al. teach, the road construction machine according to claim 3, further comprising a first converter (DC/DC converter 220, paragraph 53) arranged between the primary drive system and the buffer battery. Regarding claim 6, Sopko, Jr et al. teach, the road construction machine according to claim 5, wherein the first converter comprises a first inverter, a first rectifier(DC/DC converter 220, paragraph 53) or a first transformer. Regarding claim 7, Sopko, Jr et al. teach, the road construction machine according to claim 3, further comprising one or more second converters (inverter 624, figure 5; paragraph 52) arranged between the buffer battery and the one or more individual drives. Regarding claim 8, Sopko, Jr et al. teach, the road construction machine according to claim 7, wherein each of the one or more second converters comprises a second inverter (inverter 624, figure 5; paragraph 52) or a second rectifier. Regarding claim 9, Sopko, Jr et al. teach, the road construction machine according to claim 3, further comprising a power distributor arranged (HV junction assembly 622, figure 6) between the buffer battery and the one or more individual drives. Regarding claim 10, Sopko, Jr et al. teach, the road construction machine according to claim 9, further comprising one or more second converters (inverter 624, figure 6; paragraph 52) arranged between the buffer battery and the one or more individual drives, wherein the power distributor is arranged between the one or more second converters and the buffer battery or between the one or more second converters and the one or more individual drives. Regarding claim 11, Sopko, Jr et al. teach, the road construction machine according to claim 1, wherein the primary drive system has lifting points (see paragraph 23). Regarding claim 12, Sopko, Jr et al. teach, the road construction machine according to claim 11, wherein the lifting points are attached to a combustion engine, a fuel cell, an accumulator, a fuel tank, a pressure tank, a hydrogen tank, or any combination thereof (see figures 1-3). Regarding claim 13, Sopko, Jr et al. teach, the road construction machine according to claim 1, wherein the road construction machine comprises several different primary drive systems (see figure 3). Regarding claim 14, Sopko, Jr et al. teach, the road construction machine according to claim 1, wherein the interface comprises a releasable mechanical connection, a first releasable electrical connection and/or a second releasable electrical connection (see paragraphs 27 and 47). Regarding claim 15, Sopko, Jr et al. teach, the road construction machine according to claim 1, further comprising a control system (master controller 206, figures 2-3) , wherein the control system is adapted to recognize type of the primary drive system (paragraph 48). Regarding claim 16, Sopko, Jr et al. teach, the road construction machine according to claim 15, wherein drive-specific information is displayable to a user depending on the primary drive system (see paragraph 36). Regarding claim 17, Sopko, Jr et al. teach, the road construction machine according to claim 15, wherein the control system is adapted to control the road construction machine depending on the primary drive system (see paragraphs 33-34). Regarding claim 18, Sopko, Jr et al. teach, the road construction machine according to claim 17, wherein the control system is adapted to control the one or more individual drives of the road construction machine (see paragraphs 33-34). Regarding claim 20, Sopko, Jr et al. teach, the method according to claim 19, further comprising: disconnecting the first primary drive system from the interface; removing the first primary drive system from the road construction machine; inserting a second primary drive system into the road construction machine; and connecting the second primary drive system to the interface (see paragraphs 27 and 47 and figure 3). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOHEB S IMTIAZ whose telephone number is (571)272-4308. The examiner can normally be reached 11am-730pm. 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, Eduardo Colon-Santana can be reached at 571-272-2060. 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. /ZOHEB S IMTIAZ/Primary Examiner , Art Unit 2837
Read full office action

Prosecution Timeline

Sep 20, 2024
Application Filed
Jun 09, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
81%
Grant Probability
95%
With Interview (+14.0%)
2y 6m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 476 resolved cases by this examiner. Grant probability derived from career allowance rate.

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