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 .
Status of Claims
Claims 1-14, 16 are pending.
Claim 1 and 16 are amended
Claim 15 was previously cancelled.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 4-5, 9 and 11-14 are 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.
Regarding Claims 4-5, 9 and 11-14 are now indefinite in light of the amendment to claim 1, because the new amended limits in lines 21-22 of claim 1 require the second contact element to “consist entirely of a corrosion resistant electrically conductive steel material”, e.g. a single material. The word Consist has a closed, narrow meaning that prevents additional features (different from the single material), and so the limits of claims 4-5, 9, and 11-14 indefinite because they are incompatible with the limit of “consist entirely of”], as they include limits for the second contact element or portions thereof to include additional materials, two connected parts or portions with different material properties additional coatings: including: different electrical conductivity (claim 4, 11); zinc coating (claim 5, 14), copper material (claim 9); an electrically conductive metal coating (claim 13), an electrically conductive coating that protects against corrosion (claim 12). Due to the conflicting limits, claims 4-5, 9, and 11-14 will not be have a new rejection under 35 USC § 103 in this document.
Claim Rejections - 35 USC § 103
Claim(s) 1-3, 6-8 , 10 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US2167633 to Burrows (“Burrows”) in view of EP-1726674-A1 to Ishikawa (”Ishikawa”), and further in view of DE102016117104A1 to Murwah (“Murwah”).
Regarding Claim 1, Burrows discloses a multi-part railway wheel (Page 1, lines 31-34, Fig 1, 2) for a railway vehicle (Page 1 lines 1-3), comprising: a wheel tire (24 “tread surface that rolls upon rail” and 23 “rim”, Page 2 lines 25-27, Fig 1-2), an inner wheel part (5 “hub”, 9 “flange member, Page 1 lines 25-39, Page 2 lines 60-67, Fig 1,2); and at least one elastic body (two 26, 27 “rubber annular disks, Page 2, lines 27-35, lines 64-66, Fig 2) arranged between (Fig 1, 2) the wheel tire and the inner wheel part: wherein the at least one elastic body provides electrical insulation (“electrically insulate”, Page 2 lines 64-67), and supports (“carry vertical load in shear stress”, “support load” , “mechanically insulate” Page 2, lines 40-59, 64-67) the wheel tire on the inner wheel part; and a current bridge (37 ”jumper connection”, Page 2 lines 67-73, Fig 1,2) mounted on an externally-exposed outer end face (on external outward facing surface of flange 9, and on external outward facing and 22 flange of rim 23, Page 2 lines 68-74, Fig 1, 2) of the railway wheel, the current bridge comprises a first contact element (38 on 22 flange portion of 23 rim, Page 2 lines 67-73, Fig 1, 2) comprised of an electrically conductive material (implicit being a contact of an “effective electrical connecting path” , Page 2 lines 70-73) and lies against the wheel tire (22 flange of 23 rim, Fig 1, 2) with a contact surface (surface of jumper connection contacting 22 flange of 23 rim, Fig 2), a second contact element (39 “eyelet” , a single part having two integrally connected sections: the first contact section with a flat annular contact surface contacting wheel surface, having a hole [i.e. sleeve section] to receive a fastening element ( fastener shown Fig 2) to connect to the wheel surface and the second connection section a sleeve-like end wrapping around the cable end that fits into a passage opening in the sleeve-like element that is crimped to the cable end [i.e. a fastener element therein the sleeve] to connect to conductor 9 flange at 3 stud, Page 2 lines 60-73, Fig 1, 2) comprised of an electrically conductive material (implicit being a contact of an “effective electrical connecting path” , Page 2 lines 70-73) and lies against the outer end faces of the inner wheel part (external outward facing surface of flange 9) with its contact surface (Fig 2), and an electrical conductor (jumper/cable portion of 37 connecting between 38 and 39, Page 2, line 69-70 Fig 1) that connects the contact elements, wherein the inner wheel part comprises a light-metal material (9 flange being “thin metal plates”, Page 3 claim 3, claim 9, Page 1 lines 26-30, Fig 2), BRI: thin metal plates being lighter in weight than larger, thicker plates such as in the 23 rim tread 8, Fig 2) at least in the region in which the second contact element (10, Fig 2) of the current bridge that is assigned to the inner wheel part lies against the outer end face of the inner wheel part with its contact surface (as described above and shown Fig 2).
Burrows does not disclose wherein the contact surface of the second contact element that lies against the inner wheel part consist entirely of a corrosion-resistant, steel material; and wherein the inner wheel part consists of an aluminum material, a magnesium material or a titanium material in the region in which the assigned second contact element of the current bridge lies against it.
Ishikawa discloses a contact element (4,5 “separator” having a content of Cr 16 to 30% by weight [i.e. at least 16.5 wt.-% of Cr] for corrosion resistance, and a content of Mo content of 0.1 to 10.0% by weight [i.e. at least 2.0 wt.-% of Mo] to suppress local corrosion Para 1, 66, 67, 160, Claim 5) consisting entirely of a corrosion-resistant, electrically conductive steel material.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the multi-part railway wheel with a section of an electrical connector and a corrosion-resistant, electrically conductive steel material, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the multi-part railway wheel of Burrows and teaching of a corrosion-resistant, electrically conductive steel material of Ishikawa, to modify the second contact element of the railway wheel of Burrows, such that it is formed entirely of a corrosion-resistant, electrically conductive steel material (like Ishikawa), with the motivation to have a contact that is durably corrosion resistant and electrically conductive (Ishikawa Para 66, 67), having an expectation of equivalent function and a reasonable expectation of success.
Murwah discloses a multi-part railway wheel (English Translation “ET”, Page 2 Para 1 top first line, beginning “The present invention…” lines 1, Fig 1, 2), having an inner wheel part (12 “wheel body”, ET Page 1, line 2, Fig 1, 2 consists of an aluminum material (Page 4, Para 5 beginning “The wheel body…”, “a light metal Aluminum material…forged”, lines 1-2), in the region in which the assigned contact element of the current bridge lies against it.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the railway wheel and the railway wheel having an inner wheel part consists of an aluminum material in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the railway wheel of the combination of Burrows and Ishikawa and the teaching of the railway wheel having an inner wheel part consists of an aluminum material of Murwah to modify the inner wheel part (of the combination of Burrows and Ishikawa) such that it is of an Aluminum material (like Murwah), with the motivation to lighten the weight of the railway wheel, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 2, the combination of Burrows, Ishikawa and Murwah discloses the railway wheel according to claim 1, wherein the second contact element that lies against the inner wheel part consists entirely of the corrosion-resistant, electrically conductive steel material (as described in previous paragraph).
Regarding Claim 3, the combination of Burrows, Ishikawa and Murwah disclose the railway wheel according to claim 1, wherein the second contact element that lies against the inner wheel part with its contact surface composed of at least two sections, of which the one section is a connection section, by way of which the contact element is connected with the electrical conductor, and of which the other section is a contact section consisting of the corrosion-resistant steel material, which section is connected with the connection section in an electrically conductive manner (as described in paragraph 7 of this document, the connection section and the contact section of the second contact element, are two portions integral to a single part, thus connected and conducting electricity in between), and on which section the contact surface that lies against the inner wheel part is formed.
Regarding Claim 6, the combination of Burrows, Ishikawa and Murwah discloses the railway wheel according to claim 3, wherein the connection section and the contact section are firmly connected with one another by means of shape fit (as described in paragraph 7 of this document, the connection section and the contact section of the second contact element, are two portions integral to a single part, being connected at the interface between the eyelet and sleeve, each having a shape and fit to extend from eachother).
Regarding Claim 7, the combination of Burrows, Ishikawa and Murwah discloses the railway wheel according to claim 3, wherein a passage opening (*) is formed in the connection section and a fastening element (*) passes through a sleeve section (*) in the contact section and a passage opening in the connection section, to fasten the contact element to the inner wheel part (* passage openings, fastening elements and sleeve section as described in paragraph 7 of this document).
Regarding Claim 8, the combination of Burrows, Ishikawa and Murwah, discloses the railway wheel according to claim 3, wherein the contact section fully encases (the contact section [of the eyelet of Burrows described in paragraph 7 of this document], the contact section being on lower surface of the eyelet part contacting the wheel surface, it is known in the art that the sleeve section of eyelets are formed by a rolling/crimping of the flat material of the eyelet part to form a sleeve shape, where the lower contact surface of contact section, fully encases the connection section Fig 1), the connection section, at least in certain sections.
Regarding Claim 10, the combination of Burrows, Ishikawa and Murwah discloses the railway wheel according to claim 1, discloses wherein the corrosion-resistant steel of which the section of the second contact element of the current bridge consists, which section has the contact surface, assigned to the inner wheel part (2), has a Cr content of at least 16.5 wt.-% and a Mo content of at least 2.0 wt.-% (as described in paragraph 7 of this document).
Regarding Claim 16, the combination of Burrows, Ishikawa and Murwah discloses the railway wheel according to claim 1, wherein the inner wheel part is composed of multiple parts (2, 3 discs, Figs 1, 2), of which at least the part, at which the assigned contact element of the current bridge lies against the inner wheel part consists of the light-metal material (Aluminum as described in paragraph 7 of this document).
Response to Arguments
Applicant’s arguments Remarks filed 04-06-2026 with respect to claim(s) 1-14, and 16 have been considered but are moot because the new ground of rejection resulting from amendment to claim 1, to which a new set of rejections in contained herein.
Conclusion
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 EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe 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.
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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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