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 .
Response to Arguments
Applicant's arguments filed August 20, 2025 have been fully considered but they are not persuasive.
In response to Applicant's argument on page 6 pertaining to “For example, Carroll does not disclose or suggest a control circuit to, one, receive an output signal from a deformation detection circuit, wherein the output signal comprises the axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle and, two, derive a frequency of axle deformation for the time period based on the output signal.”. The Examiner respectfully disagrees.
Any axle under load will bend and have a downward curve. The bend is due to material on the top of the beam being pressed (compression force) and material on the bottom of the beam being pulled (tension force). The tension force results in axial elongation and the compression force results in axial compression. Carroll discloses, a control circuit (Fig. 18, ¶ 18 computing device 1800, cracked axle detection) that receives an output signal that comprises the axial elongations and compressions of the axle (Fig. 18, ¶ 32 axle bending displacements) as the axle rotates. The axle rotations while under tension and compression forces results in a frequency of axle deformation. Carroll further teaches deriving the frequency of axle deformation by measurement (Fig. 18, ¶ 45 vibration sensors and/or one or more acoustic sensors) (Fig. 18, ¶ 39 resonances frequencies to also shift). Nordvall teaches, a deformation detection circuit that outputs a signal, wherein the output signal comprises the axial elongations and compressions of the axle. It would be obvious for one skilled in the art to combine the axle deformation detection circuit disclosed by Nordvall with the axle control circuit disclosed by Carroll for the benefit of determining axle rotation in a convenient and effective way.
In response to Applicant's argument on page 6 pertaining to “With respect to dependent Claim 17, the Office Action asserts: Mancosu further teaches, the system of claim 17, wherein the at least one piezoelectric sensor is parallel to the axle (Fig. 1, Pg. 2, Ln 23: piezoelectric; Examiner interpretation: the axial surface of the tyre is parallel to the axle). Mancosu merely discloses positioning extensometers "into the tread of the tyre." Mancosu, at p. 2, line 25. The foregoing simply does not amount to a disclosure or suggestion of a sensor oriented parallel to the axle and configured to detect axial elongations and compressions of the axle due to a value of a normal load exerted by the axle.”. The Examiner respectfully disagrees. Claim 18 only recites that the sensor should be parallel to the axle. The inside of the tire surface that is in contact with the road is parallel to the axle. Mancosu discloses a sensor that is placed inside a tire surface parallel to the axle to detect tire surface deformation (Pg. 2, Ln 22 – 24 extensometers, that is so-called strain gage sensors, e.g. prismatic elements of a piezoelectric inserted into the tread of the tyre to detect localized deformations of the 25 tread in the footprint). Since the sensors disclosed by Mancosu detect surface deformations, it is obvious that they can detect deformations on an axle due to tension and compression forces. Nordvall teaches, a deformation detection circuit that outputs a signal, wherein the output signal comprises the axial elongations and compressions of the axle. It would be obvious to combine the sensor disclosed by Mancosu with the deformation detection disclosed by Nordvall for the benefit of measuring load on an axle using few transducers.
Claim Rejections - 35 USC § 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.
Claim(s) 11 – 13, 15 – 18, 21, 23, 25, 27 are rejected under 35 U.S.C. 103 as being unpatentable over MANCOSU et al (WO 01/68388 A1) (herein after Mancosu) in view of JAN NORDVALL (GB 1 559 596) (herein after Nordvall), and further in view of Carroll (US 2019/0041296 A1) (herein after Carroll).
Regarding Claim 11, Mancosu teaches, a system for determining an angular speed value of an axle (Fig. 1, Pg. 15, Ln 20 a curved trajectory) of a railway vehicle (Fig. 1, Pg. 15, Ln 19 – 20 moving vehicle), — and estimate the angular speed value of the axle for the time period as a function of the frequency (Fig. 1, Pg. 15, Ln. 26 angular velocity of the said tyre).
Mancosu fails to teach, the system comprising: a deformation detection circuit coupled to the axle of the railway vehicle, the deformation detection circuit comprising a sensor oriented parallel to the axle and configured to detect axial elongations and compressions of the axle over time due to a value of a normal load exerted by the axle on a rail; and a control circuit to: receive an output signal from the deformation detection circuit, wherein the output signal comprises the axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle; derive a frequency of axle deformation for the time period based on the output signal;
In analogous art, Nordvall teaches, the system comprising: a deformation detection circuit (Fig. 1 processing circuit) coupled to the axle of the railway vehicle, the deformation detection circuit comprising a sensor oriented parallel to the axle (Fig. 1, Pg. 1, Ln 74 – 92: transducers 6, 6’, certain elongation indicating the axle load; ”transducers 6, 6, are parallel to the axle to detect axle elongations”) and configured to detect axial elongations and compressions (Fig. 1, Pg. 1, Ln. 87, 90 flexural rigidity, bending moment) of the axle over time due to a value of a normal load exerted by the axle on a rail (Fig. 1, Pg. 1, Ln. 91 axle load); —
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancosu by combining the system taught by Mancosu with the system comprising: a deformation detection circuit coupled to the axle of the railway vehicle, the deformation detection circuit comprising a sensor oriented parallel to the axle and configured to detect axial elongations and compressions of the axle over time due to a value of a normal load exerted by the axle on a rail; taught by Nordvall for the benefit of measuring load on an axle using few transducers. [Nordvall, Pg. 1, Ln. 31 – 33].
Mancosu in view of Nordvall fail to teach, — and a control circuit to: receive an output signal from the deformation detection circuit, wherein the output signal comprises the axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle; derive a frequency of axle deformation for the time period based on the output signal; —
In analogous art, Carroll teaches, and a control circuit (Fig. 18, ¶ 18 computing device 1800, cracked axle detection) to: receive an output signal (Fig. 18, ¶ 45 vibration sensors and/or one or more acoustic sensors) from the deformation detection circuit, wherein the output signal comprises the axial elongations and compressions of the axle (Fig. 18, ¶ 32 axle bending displacements) for a time period comprising a plurality of complete axial rotations of the axle (Fig. 18, ¶ 39 axle rotation for axles); derive a frequency of axle deformation (Fig. 18, ¶ 39 resonances frequencies to also shift) for the time period based on the output signal; —
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancosu in view of Nordvall by combining the system taught by Mancosu in view of Nordvall with, and a control circuit to: receive an output signal from the deformation detection circuit, wherein the output signal comprises the axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle; derive a frequency of axle deformation for the time period based on the output signal; taught by Carroll for the benefit of determining axle rotation in a convenient and effective way [Carroll: ¶ 33 – 34].
Regarding Claim 12, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 11, which this claim depends on.
Mancosu further teaches, the system of claim 11, wherein wheels having a radius (Fig. 1, Pg. 5, Ln 15: tyre and its radius are known) are configured to be coupled to the axle and the control circuit is further to convert the angular speed value of the axle into a tangential speed value (Fig. 1, Pg. 9, Ln 16: curvilinear movement; Examiner interpretation: curvilinear movement is a result of tangential and radial components as known in circular motion) of the railway vehicle according to the radius of the wheels.
Regarding Claim 13, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 12, which this claim depends on.
Mancosu further teaches, the system of claim 12, wherein the control circuit is further to convert the angular speed value of the axle into the tangential speed value of the railway vehicle using a product of the angular speed value and the radius of the wheels (Fig. 1, Pg. 9, Ln 16: curvilinear movement; Examiner interpretation: tangential speed is calculated using Vtang = Vω * r as known in circular motion.)
Regarding Claim 15, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 11, which this claim depends on.
Mancosu further teaches, the system of claim 11, wherein the sensor comprises at least one strain-gage sensor (Fig. 1, Pg. 2, Ln 22: strain gage).
Regarding Claim 16, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 15, which this claim depends on.
Mancosu further teaches, the system of claim 15, wherein the at least one strain-gage sensor is parallel to the axle (Fig. 1, Pg. 2, Ln 22: strain gage; Examiner interpretation: the axial surface of the tyre is parallel to the axle).
Regarding Claim 17, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 11, which this claim depends on.
Mancosu further teaches, the system of claim 11, wherein the sensor comprises at least one piezoelectric sensor (Fig. 1, Pg. 2, Ln 23: piezoelectric).
Regarding Claim 18, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 17, which this claim depends on.
Mancosu further teaches, the system of claim 17, wherein the at least one piezoelectric sensor is parallel to the axle (Fig. 1, Pg. 2, Ln 23: piezoelectric; Examiner interpretation: the axial surface of the tyre is parallel to the axle).
Regarding Claim 21, Mancosu teaches, a system for determining an angular speed value of an axle rotatable about an axis of rotation (Fig. 1, Pg. 15, Ln 20 a curved trajectory; Fig. 1, Pg. 10, Ln 19 rotation of the said tyre), — and estimate the angular speed value of the axle for the time period as a function of the frequency (Fig. 1, Pg. 15, Ln. 26 angular velocity of the said tyre).
Mancosu fails to teach, — the system comprising: a deformation detection circuit coupled to the axle and configured to monitor axial elongations and compressions of the axle along the axis of rotation; and a control circuit to: receive an output signal from the deformation detection circuit, wherein the output signal comprises axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle; derive a frequency of axle deformation for the period of time based on the axial elongations and compressions of the axle along the axis of rotation monitored by the deformation detection circuit; —
In analogous art, Nordvall teaches, — the system comprising: a deformation detection circuit (Fig. 1 processing circuit) coupled to the axle and configured to monitor axial elongations and compressions (Fig. 1, Pg. 1, Ln. 87, 90 flexural rigidity, bending moment) of the axle along the axis of rotation (Fig. 1, Pg. 1, Ln. 91 axle load); —
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancosu by combining the system taught by Mancosu with the system comprising: a deformation detection circuit coupled to the axle and configured to monitor axial elongations and compressions of the axle along the axis of rotation; taught by Nordvall for the benefit of measuring load on an axle using few transducers. [Nordvall, Pg. 1, Ln. 31 – 33].
Mancosu in view of Nordvall fail to teach, — and a control circuit to: receive an output signal from the deformation detection circuit, wherein the output signal comprises axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle; derive a frequency of axle deformation for the period of time based on the axial elongations and compressions of the axle along the axis of rotation monitored by the deformation detection circuit; —
In analogous art, Carroll — and a control circuit (Fig. 18, ¶ 18 computing device 1800, cracked axle detection) to: receive an output signal (Fig. 18, ¶ 45 vibration sensors and/or one or more acoustic sensors) from the deformation detection circuit, wherein the output signal comprises axial elongations and compressions of the axle (Fig. 18, ¶ 32 axle bending displacements) for a time period comprising a plurality of complete axial rotations of the axle (Fig. 18, ¶ 39 axle rotation for axles); derive a frequency of axle deformation (Fig. 18, ¶ 39 resonances frequencies to also shift) for the period of time based on the axial elongations and compressions of the axle along the axis of rotation monitored by the deformation detection circuit; —
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancosu in view of Nordvall by combining the system taught by Mancosu in view of Nordvall with, and a control circuit to: receive an output signal from the deformation detection circuit, wherein the output signal comprises axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle; derive a frequency of axle deformation for the period of time based on the axial elongations and compressions of the axle along the axis of rotation monitored by the deformation detection circuit; taught by Carroll for the benefit of determining axle rotation in a convenient and effective way [Carroll: ¶ 33 – 34].
Regarding Claim 23, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 21, which this claim depends on.
Carroll further teaches, the system of claim 21, wherein the output signal comprises a sinusoidal type curve defining the frequency (Fig. 18, ¶ 33 resonance frequency shifts), and wherein the frequency corresponds to a rotation frequency (Fig. 18, ¶ 32 rotational harmonics) of the axle about the axis of rotation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancosu in view of Nordvall in view of Carroll by combining the system taught by Mancosu in view of Nordvall in view of Carroll with a system wherein, the output signal comprises a sinusoidal type curve defining the frequency, and wherein the frequency corresponds to a rotation frequency of the axle about the axis of rotation; taught by Carroll for the benefit of determining axle rotation in a convenient and effective way [Carroll: ¶ 33 – 34].
Regarding Claim 25, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 11, which this claim depends on.
Carroll further teaches, the system of claim 11, wherein the output signal comprises a sinusoidal type curve defining the frequency (Fig. 18, ¶ 33 resonance frequency shifts), and wherein the frequency corresponds to a rotation frequency (Fig. 18, ¶ 32 rotational harmonics) of the axle about the axis of rotation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancosu in view of Nordvall in view of Carroll by combining the system taught by Mancosu in view of Nordvall in view of Carroll with a system wherein, the output signal comprises a sinusoidal type curve defining the frequency, and wherein the frequency corresponds to a rotation frequency of the axle about the axis of rotation; taught by Carroll for the benefit of determining axle rotation in a convenient and effective way [Carroll: ¶ 33 – 34].
Regarding Claim 27, Mancosu in view of Nordvall teaches the limitations of claim 19, which this claim depends on.
Mancosu in view of Nordvall fail to teach, the method of Claim 19, further comprising receiving, by a control circuit, an output signal comprising a sinusoidal type curve defining the frequency, and wherein the frequency corresponds to a rotation frequency of the axle about the axis of rotation.
In analogous art, Carroll teaches, the method of Claim 19, further comprising receiving, by a control circuit (Fig. 18, ¶ 18 computing device 1800, cracked axle detection), an output signal (Fig. 18, ¶ 45 vibration sensors and/or one or more acoustic sensors) comprising a sinusoidal type curve defining the frequency (Fig. 18, ¶ 33 resonance frequency shifts), and wherein the frequency corresponds to a rotation frequency (Fig. 18, ¶ 32 rotational harmonics) of the axle about the axis of rotation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancosu in view of Nordvall by combining the system taught by Mancosu in view of Nordvall with a system further comprising, receiving by a control circuit, an output signal comprising a sinusoidal type curve defining the frequency, and wherein the frequency corresponds to a rotation frequency of the axle about the axis of rotation; taught by Carroll for the benefit of determining axle rotation in a convenient and effective way [Carroll: ¶ 33 – 34]
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over MANCOSU et al (WO 01/68388 A1) (herein after Mancosu) in view of JAN NORDVALL (GB 1 559 596) (herein after Nordvall) in view of Carroll (US 2019/0041296 A1) (herein after Carroll), and further in view of Mitani (US 2006/0089019 A1) (herein after Mitani).
Regarding Claim 14, Mancosu in view of Nordvall in view of Carroll teaches the limitations of claim 11, which this claim depends on.
Mancosu in view of Nordvall in view of Carroll fail to teach, the system of claim 11, wherein the control circuit is further to estimate the angular speed value of the axle using a function: Vω = 2*π*f.
In analogous art, Mitani teaches, the system of claim 11, wherein the control circuit is further to estimate the angular speed value of the axle using a function: Vω = 2*π*f (
f
=
1
2
π
K
M
Fig. 1, ¶ 40 vibrating object; formula 1; Examiner interpretation: The formula can be rearranged to calculate the angular velocity due to flexural vibration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancosu in view of Nordvall in view of Carroll by including a controller, wherein control circuit is further configured to estimate an angular speed value of an axle using a function: Vω = 2*π*f; taught by Mitani for the benefit of detecting angular velocity of a vehicle with a sensor having stabilized output characteristics [Mitani: ¶ 0046.]
Claim(s) 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over MANCOSU et al (WO 01/68388 A1) (herein after Mancosu) in view of JAN NORDVALL (GB 1 559 596) (herein after Nordvall).
Regarding Claim 19, Mancosu, teaches, a method for determining an angular speed value of an axle of a railway vehicle (Fig. 1, Pg. 1, ln 7 – 8: a method for the continuous determination of the behaviour of a tyre; Fig. 1, Pg. 15, Ln 20 a curved trajectory; Fig. 1, Pg. 15, Ln 19 – 20 moving vehicle), — and estimating the angular speed value of the axle for the time period as a function of the frequency (Fig. 1, Pg. 15, Ln. 26 angular velocity of the said tyre).
Mancosu fails to teach, — the method comprising: detecting axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle due to a value of normal load exerted by the axle on a rail; deriving a frequency of axle deformation for the time period based on the axial elongations and compressions of the axle; —
In analogous art, Carroll teaches, — the method comprising: detecting axial elongations and compressions of the axle (Fig. 18, ¶ 32 axle bending displacements) for a time period comprising a plurality of complete axial rotations of the axle (Fig. 18, ¶ 39 resonances frequencies to also shift) (Fig. 18, ¶ 39 axle rotation for axles) due to a value of normal load exerted by the axle on a rail (Fig. 18, ¶ 39 static loading); deriving a frequency of axle deformation (Fig. 18, ¶ 39 resonances frequencies to also shift) for the time period based on the axial elongations and compressions of the axle; —
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Mancosu by combining the method taught by Mancosu with the method comprising: detecting axial elongations and compressions of the axle for a time period comprising a plurality of complete axial rotations of the axle due to a value of normal load exerted by the axle on a rail; deriving a frequency of axle deformation for the time period based on the axial elongations and compressions of the axle; taught by Carroll for the benefit of determining axle rotation in a convenient and effective way [Carroll: ¶ 33 – 34].
Regarding Claim 20, Mancosu in view of Carroll teaches the limitations of claim 19, which this claim depends on.
Mancosu further teaches, the method of claim 19, wherein wheels having a radius (Fig. 1, Pg. 5, Ln 15: tyre and its radius are known) are configured to be coupled to the axle, the method further comprising: converting the angular speed value of the axle into a tangential speed value (Fig. 1, Pg. 9, Ln 16: curvilinear movement; Examiner interpretation: curvilinear movement is a result of tangential and radial components as known in circular motion) as a function of the radius of the wheels.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Leitel et al (US 2011/0231039 A1) teaches, a system for determining an angular speed value of an of a railway vehicle (Fig. 12. ¶ 151 angular velocity ω).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH O. NYAMOGO whose telephone number is (469)295-9276. The examiner can normally be reached 9:00 A to 5:00 P CT.
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/JOSEPH O. NYAMOGO/
Examiner
Art Unit 2858
/FARHANA A HOQUE/Primary Examiner, Art Unit 2858