DETAILED ACTION
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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 13-14, 16, 18, 21-23, 25, and 27 is rejected under 35 U.S.C. 103 as being unpatentable over Hubner US 6196132 B1 in view of in view of Junke et al. US 8733777 B2.
Regarding independent claim 13, Hubner discloses [a convolute for a bellows 1 for a gangway,] (Fig. 1; Col. 1, lines 8-12) the convolute having:
[an outer layer that extends from
a first rim 5 that is either arranged inwardly of further parts of the convolute or is arranged outwardly from further parts of the convolute,] (First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates a first rim 5 that is arranged inwardly/outwardly of further parts of the convolute.)
[via a curved section,] (First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates a curved section.)
[to a second rim 4, that is either arranged inwardly of further parts of the convolute or is arranged outwardly from further parts of the convolute, but is arranged on the same side relative to these further parts of the convolute than the first rim is,] (First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates a second rim 4 that is arranged inwardly/outwardly of further parts of the convolute.)
[wherein the outer layer has an inward facing surface that extends from the first rim via the inward facing surface of the curved section to the second rim;] (First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates the outer layer having an inward facing surface that extends from the first rim 5 via the inward facing surface of the curved section to the second rim 4.) and
[an inner layer having a first piece 10 and a second piece 20,] (Fig. 1 & 2; First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates the inner layer having a first piece and a second piece.) wherein
[the first piece has a first end that is attached to the outer layer in the region of the first rim] (First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates the first piece having a first end that is attached to the outer layer in the region of the first rim 5.) and has [a second end that is opposite the first end and that is arranged in the region of the inward facing surface of the curved section;] (First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates a second end that is opposite to the first end and that is arranged in the region of the inward facing surface of the curved section.) and
the [second piece has a first end that is attached to the outer layer in the region of the second rim] (First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates the second piece having a first end that is attached to the outer layer in the region of the second rim 4.) and has [a second end that is opposite the first end and that is arranged in the region of the inward facing surface of the curved section;] (First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates a second end that is opposite to the first end and that is arranged in the region of the inward facing surface of the curved section.) and
[wherein the second end of the first piece overlaps the second piece in the region of the inward facing surface of the curved section,] (Col. 2, line 7; First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates the second end of the first piece overlapping the second piece in the region of the inward facing surface of the curved section.) and [the second end of the second piece overlaps the first piece in the region of the inward facing surface of the curved section.] (Col. 2, line 7; First annotation of Fig. 1 below; As shown in the annotation of Fig. 1 below, Hubner illustrates the second end of the second piece overlapping the first piece in the region of the inward facing surface of the curved section.)
PNG
media_image1.png
746
827
media_image1.png
Greyscale
First Annotation of Fig. 1 of Hubner
Hubner does not disclose wherein the first piece is independent from the second piece and that there is no additional layer of material that is connected to the first piece and to the second piece.
Junke et al. teaches [the first piece is independent from the second piece and that there is no additional layer of material that is connected to the first piece and to the second piece.] (Fig. 1; As shown in Fig. 1, Junk et al. illustrates wherein the first piece 2 is independent from the second piece 3 and that there are not additional layers that is connected to the first piece 2 and second piece 3.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the independent piece structure of Junk et al. with the convolute of Hubner with a reasonable expectation of success because it would allow for the bellow to have multiple corrugated pieces that operate intendedly without requiring an additional layer between them, thus providing improved flexibility, manufacturability, and structural performance.
Regarding claim 14, Hubner, as modified, discloses all of the claimed limitations above, including [wherein the second end of the first piece is independent from the second piece and no additional layer of material is provided that is connected to the second end of the first piece and connected to the second piece; and/or the second end of the second piece is independent from the first piece and no additional layer of material is provided that is connected to the second end of the second piece and connected to the first piece.] (Annotation of Fig. 1 of Hubner above; As shown in the annotation of Fig. 1 above, Hubner illustrates wherein the second end of the first piece is independent from the second piece and no additional layer of material is provided that is connected to the second end of the first piece and connected to the second piece and the second end of the second piece is independent from the first piece and no additional layer of material is provided that is connected to the second end of the second piece and connected to the first piece.)
Regarding claim 16, Hubner, as modified, discloses all of the claimed limitations above, including [wherein the inward facing surface of the curved section has a crest 3,] (Col. 3, lines 58-62 of Hubner; Second annotation of Fig. 1 of Hubner below; As shown in the annotation of Fig. 1 below, Hubner illustrates wherein the inward facing surface of the curved section has a crest 3.) and wherein [the second end of the first piece is an edge of the first piece that extends parallel to the crest; and/or the second end of the second piece is an edge of the second piece that extends parallel to the crest.] (Second annotation of Fig. 1 of Hubner below; As shown in the annotation of Fig. 1 below, Hubner illustrates wherein the second end of the first piece is an edge of the first piece that extends parallel to the crest 3; and the second end of the second piece is an edge of the second piece that extends parallel to the crest.)
PNG
media_image2.png
746
825
media_image2.png
Greyscale
Second Annotation of Fig. 1 of Hubner
Regarding claim 18, Hubner, as modified, discloses all of the claimed limitations above, including [wherein the outer layer and the inner layer are made of different materials.] (Col. 2, lines 40-43 of Hubner; Hubner discloses that the first and second pieces are made of a coated, particularly rubber-impregnated tissue, the same of which the bellows too is made.; Col. 3, lines 46-47 of Hubner; Hubner discloses that the inner layer consist of an insulating layer which is made up of silicone foam.)
Regarding independent claim 21, Hubner discloses [a convolute for a bellows 1 for a gangway,] (Fig. 1; Col. 1, lines 8-12) comprising: [at least two convolutes 1 operably coupled the other, each convolute comprising:] (Fig. 1; As shown in Fig. 1, Hubner illustrates at least two convolutes operably coupled the other.)
[an outer layer that extends from
a first rim 5 that is either arranged inwardly of further parts of the convolute or is arranged outwardly from further parts of the convolute,] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a first rim 5 that is arranged inwardly/outwardly of further parts of the convolute.)
[via a curved section,] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a curved section.)
[to a second rim 4, that is either arranged inwardly of further parts of the convolute or is arranged outwardly from further parts of the convolute, but is arranged on the same side relative to these further parts of the convolute than the first rim is,] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a second rim 4 that is arranged inwardly/outwardly of further parts of the convolute.)
[wherein the outer layer has an inward facing surface that extends from the first rim via the inward facing surface of the curved section to the second rim;] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the outer layer having an inward facing surface that extends from the first rim 5 via the inward facing surface of the curved section to the second rim 4.) and
[an inner layer having a first piece 10 and a second piece 20,] (Fig. 1 & 2; First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the inner layer having a first piece and a second piece.) wherein
[the first piece has a first end that is attached to the outer layer in the region of the first rim] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the first piece having a first end that is attached to the outer layer in the region of the first rim 5.) and has [a second end that is opposite the first end and that is arranged in the region of the inward facing surface of the curved section;] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a second end that is opposite to the first end and that is arranged in the region of the inward facing surface of the curved section.) and
the [second piece has a first end that is attached to the outer layer in the region of the second rim] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the second piece having a first end that is attached to the outer layer in the region of the second rim 4.) and has [a second end that is opposite the first end and that is arranged in the region of the inward facing surface of the curved section;] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a second end that is opposite to the first end and that is arranged in the region of the inward facing surface of the curved section.) and
[wherein the second end of the first piece overlaps the second piece in the region of the inward facing surface of the curved section,] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the second end of the first piece overlapping the second piece in the region of the inward facing surface of the curved section.) and [the second end of the second piece overlaps the first piece in the region of the inward facing surface of the curved section.] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the second end of the second piece overlapping the first piece in the region of the inward facing surface of the curved section.)
Hubner does not disclose wherein the first piece is independent from the second piece and that there is no additional layer of material that is connected to the first piece and to the second piece.
Junke et al. teaches [the first piece is independent from the second piece and that there is no additional layer of material that is connected to the first piece and to the second piece.] (Fig. 1; As shown in Fig. 1, Junk et al. illustrates wherein the first piece 2 is independent from the second piece 3 and that there are not additional layers that is connected to the first piece 2 and second piece 3.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the independent piece structure of Junk et al. with the convolute of Hubner with a reasonable expectation of success because it would allow for the bellow to have multiple corrugated pieces that operate intendedly without requiring an additional layer between them, thus providing improved flexibility, manufacturability, and structural performance.
Regarding claim 22, Hubner, as modified, discloses all of the claimed limitations above, including [wherein a first convolute 1 of said at least two convolutes is arranged next to the second convolute,] (Fig. 1 of Hubner; As shown in Fig. 1, Hubner illustrates wherein a first convolute of said at least two convolutes is arranged next to the second convolute.) and [wherein the first rim 5 of the first convolute is connected to the second rim 4 of the second convolute.] (First annotation of Fig. 1 of Hubner; As shown in the annotation of Fig. 1 above, Hubner illustrates wherein the first rim 5 of the first convolute is connected to the second rim 4 of the second convolute.)
Regarding claim 23, Hubner, as modified, discloses all of the claimed limitations above, including [wherein the first end of the first piece of the inner layer of the first convolute 1 is connected to the first rim 5 by the same connection that connects the first rim of the first convolute to the second rim 4 of the second convolute.] (Fig. 1 of Hubner; Col. 3, lines 44-46 of Hubner; As shown in Fig. 1, Hubner illustrates the first end of the first piece of the inner layer of the first convolute 1 being connected to the first rim 5 through the frame bead 30, which is also used to connect the first rim of the first convolute to the second rim 4 of the second convolute.)
Regarding independent claim 25, Hubner discloses [a multi-car vehicle having a first car connected to a second car, and a bellows arranged between the first car and the second car, wherein the bellows comprising:] (Abstract: “Bellows of a connecting corridor between two hinge-linked vehicles or vehicle parts”; Hubner discloses two hinge-linked vehicles with bellows of a connecting corridor arranged between them.) [at least two convolutes 1 operably coupled the other, each convolute comprising:] (Fig. 1; As shown in Fig. 1, Hubner illustrates at least two convolutes operably coupled the other.)
[an outer layer that extends from
a first rim 5 that is either arranged inwardly of further parts of the convolute or is arranged outwardly from further parts of the convolute,] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a first rim 5 that is arranged inwardly/outwardly of further parts of the convolute.)
[via a curved section,] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a curved section.)
[to a second rim 4, that is either arranged inwardly of further parts of the convolute or is arranged outwardly from further parts of the convolute, but is arranged on the same side relative to these further parts of the convolute than the first rim is,] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a second rim 4 that is arranged inwardly/outwardly of further parts of the convolute.)
[wherein the outer layer has an inward facing surface that extends from the first rim via the inward facing surface of the curved section to the second rim;] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the outer layer having an inward facing surface that extends from the first rim 5 via the inward facing surface of the curved section to the second rim 4.) and
[an inner layer having a first piece 10 and a second piece 20,] (Fig. 1 & 2; First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the inner layer having a first piece and a second piece.) wherein
[the first piece has a first end that is attached to the outer layer in the region of the first rim] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the first piece having a first end that is attached to the outer layer in the region of the first rim 5.) and has [a second end that is opposite the first end and that is arranged in the region of the inward facing surface of the curved section;] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a second end that is opposite to the first end and that is arranged in the region of the inward facing surface of the curved section.) and
the [second piece has a first end that is attached to the outer layer in the region of the second rim] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the second piece having a first end that is attached to the outer layer in the region of the second rim 4.) and has [a second end that is opposite the first end and that is arranged in the region of the inward facing surface of the curved section;] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates a second end that is opposite to the first end and that is arranged in the region of the inward facing surface of the curved section.) and
[wherein the second end of the first piece overlaps the second piece in the region of the inward facing surface of the curved section,] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the second end of the first piece overlapping the second piece in the region of the inward facing surface of the curved section.) and [the second end of the second piece overlaps the first piece in the region of the inward facing surface of the curved section.] (First annotation of Fig. 1 above; As shown in the annotation of Fig. 1 above, Hubner illustrates the second end of the second piece overlapping the first piece in the region of the inward facing surface of the curved section.)
Hubner does not disclose wherein the first piece is independent from the second piece and that there is no additional layer of material that is connected to the first piece and to the second piece.
Junke et al. teaches [the first piece is independent from the second piece and that there is no additional layer of material that is connected to the first piece and to the second piece.] (Fig. 1; As shown in Fig. 1, Junk et al. illustrates wherein the first piece 2 is independent from the second piece 3 and that there are not additional layers that is connected to the first piece 2 and second piece 3.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the independent piece structure of Junk et al. with the convolute of Hubner with a reasonable expectation of success because it would allow for the bellow to have multiple corrugated pieces that operate intendedly without requiring an additional layer between them, thus providing improved flexibility, manufacturability, and structural performance.
Regarding claim 27, Hubner, as modified, discloses all of the claimed limitations above, including [wherein the first end of the first piece of the inner layer of the one convolute 1 is connected to the first rim 5 by the same connection that connects the first rim of the one convolute to the second rim 4 of the neighboring convolute 1.] (Fig. 1 of Hubner; Col. 3, lines 44-46 of Hubner; As shown in Fig. 1, Hubner illustrates the first end of the first piece of the inner layer of the one convolute 1 being connected to the first rim 5 through the frame bead 30, which is also used to connect the first rim of the one convolute to the second rim 4 of the neighboring convolute.)
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hubner in view of Junke et al. and further in view of Cai CN 2561648 Y.
Regarding claim 15, Hubner, as modified, does not disclose wherein at least one of the first piece and the second piece is unpadded.
Cai teaches [wherein at least one of the first piece and the second piece is unpadded.] (Fig. 6; As shown in Fig. 6, Cai illustrates a first piece 4 and a second piece 8 both being unpadded.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the unpadded first and second pieces of Cai with the convolute configuration of Hubner, as modified, with a reasonable expectation of success because it would allow for reduced weight and increased flexibility in the bellows, thus simplifying the structure and improving performance by enabling smoother movement between gangway sections.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hubner in view of Junke et al. and further in view of Stoehr DE 19721285 A1.
Regarding claim 17, Hubner, as modified, further discloses [an inner layer having a first piece 10 and a second piece 20,] (Fig. 1 & 2 of Hubner; First annotation of Fig. 1 of Hubner above; As shown in the annotation of Fig. 1 above, Hubner illustrates the inner layer having a first piece 10 and a second piece 20.)
Hubner does not disclose wherein at least one of: the first piece has cuts that extend from the second end into the material of the first piece; and the second piece has cuts that extend from the second end into the material of the second piece.
Stoehr teaches [wherein at least one of: the first piece has cuts 13 that extend from the second end into the material of the first piece; and the second piece has cuts that extend from the second end into the material of the second piece.] (Fig. 3; Page 3, lines 21-27; Stoehr discloses bellows having cuts and perforations 13 formed in the material to facilitate folding. These cuts extend from an edge in to the material of the bellows, therefore meeting the claimed feature of cuts extending from an edge into the material of the piece.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the cuts and perforations of Stoehr with the first and second pieces of Hubner, as modified, with a reasonable expectation of success because it would allow for easier folding and shaping of the bellow material, thus facilitating the formation of the desired bellow structure.
Claims 19-20, 24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Hubner in view of Junke et al. and further in view of Gao et al. EP 3666618 B1.
Regarding claim 19, Hubner, as modified, does not disclose wherein the outer layer comprises:
a longitudinal first side piece; a longitudinal top piece; a longitudinal second side piece; a first corner piece that connects the first side piece to the top piece; a second corner piece that connects the top piece to the second side piece; and wherein the inner layer is arranged inside the first side piece and/or inside the top piece and/or inside the second side piece and/or inside the first corner piece and/or inside the second corner piece.
Gao et al. teaches [wherein the outer layer comprises: a longitudinal first side piece;] (Annotation of Fig. 3; As shown in the annotation of Fig. 3 below, Gao et al. illustrates an outer layer comprising a longitudinal first side piece.) [a longitudinal top piece;] (Annotation of Fig. 3; As shown in the annotation of Fig. 3 below, Gao et al. illustrates an outer layer comprising a longitudinal top piece.) [a longitudinal second side piece;] (Annotation of Fig. 3; As shown in the annotation of Fig. 3 below, Gao et al. illustrates an outer layer comprising a longitudinal second side piece.) [a first corner piece that connects the first side piece to the top piece;] (Annotation of Fig. 3; As shown in the annotation of Fig. 3 below, Gao et al. illustrates an outer layer comprising a first corner piece that connects the first side piece to the top piece.) [a second corner piece that connects the top piece to the second side piece;] (Annotation of Fig. 3; As shown in the annotation of Fig. 3 below, Gao et al. illustrates an outer layer comprising a second corner piece that connects the top piece to the second side piece.) and [wherein the inner layer is arranged inside the first side piece and/or inside the top piece and/or inside the second side piece and/or inside the first corner piece and/or inside the second corner piece.] (Fig. 5; As shown in Fig. 5; Gao et al. illustrates wherein the inner layer is arranged inside the top and bottom pieces.)
PNG
media_image3.png
847
856
media_image3.png
Greyscale
Annotation of Fig. 3 of Gao et al.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the outer layer configuration of Gao et al. with the convolute of Hubner, as modified, with a reasonable expectation of success because it would allow for a structurally sound bellow assembly that can effectively accommodate movement between adjacent vehicles while ensuring alignment between the inner and outer layers, thus improving the durability and functionality of the bellows.
Regarding claim 20, Hubner, as modified, further discloses [wherein the inner layer is made up of at least a first inner layer section and a second inner layer section,] (Third annotation of Fig. 1 of Hubner below; As shown in annotation below, Hubner illustrates a first layer section and a second layer section.) and [wherein the first piece has a first section that forms part of the first inner layer section;] (Third annotation of Fig. 1 of Hubner below; As shown in annotation below, Hubner illustrates the first piece having a first section that forms part of the first inner layer section.) [the first piece has a second section that forms part of the second inner layer;] (Third annotation of Fig. 1 of Hubner below; As shown in annotation below, Hubner illustrates the first piece having a second section that forms part of the second inner layer section.) [the second piece has a first section that forms part of the first inner layer section;] (Third annotation of Fig. 1 of Hubner below; As shown in annotation below, Hubner illustrates the second piece has a first section that forms part of the first inner layer section.) [the second piece has a second section that forms part of the second inner layer section.] (Third annotation of Fig. 1 of Hubner below; As shown in annotation below, Hubner illustrates the second piece has a second section that forms part of the second inner layer section.)
PNG
media_image4.png
710
895
media_image4.png
Greyscale
Third Annotation of Fig. 1 of Hubner
Hubner does not explicitly disclose wherein the first section of the first piece is not connected to the second section of the first piece and/or the first section of the second piece is not connected to the second section of the second piece. However, according to MPEP 2144.04 (V)(C) (In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)), the separation between the first section and the second section does not confer patentability when such a modification does not alter the function or operation of the system. In this case, separating the first section of the first piece from the second section of the first piece and/or separating the first section of the second piece from the second section of the second piece would have been an obvious design choice for one of ordinary skill in the art as it merely reconfigures the known system without yielding an unexpected result.
Regarding claim 24, Hubner, as modified, further discloses [wherein each convolute is physically connected to a neighboring convolute.] (Fig. 1 of Hubner; As shown in Fig. 1, Hubner illustrates the two neighboring convolutes 1 being physically connected to each other.)
Hubner does not explicitly disclose wherein the at least two convolutes comprises three to twenty convolutes.
Gao et al. teaches [wherein the at least two convolutes comprises three to twenty convolutes.] (Annotation of Fig. 3 above; As shown the annotation above, Gao et al. illustrates wherein the at least two convolutes 101 comprises three to twenty convolutes.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the at least two convolutes comprises three to twenty convolutes of Gao et al. with the convolute configuration of Hubner, as modified, with a reasonable expectation of success because it would allow for a flexible, modular bellow system that can accommodate varying lengths between vehicles, thus improving adaptability in various train configurations, while maintaining structural integrity and ease of assembly.
Regarding claim 26, Hubner, as modified, further discloses [wherein each convolute is physically connected to a neighboring convolute,] (Fig. 1 of Hubner; As shown in Fig. 1, Hubner illustrates the two neighboring convolutes 1 being physically connected to each other.) and [wherein the first rim of one convolute is connected to the second rim of the neighboring convolute.] (First annotation of Fig. 1 of Hubner; As shown in the annotation of Fig. 1 above, Hubner illustrates wherein the first rim 5 of the first convolute is connected to the second rim 4 of the second convolute.)
Hubner does not explicitly disclose wherein the at least two convolutes comprises three to twenty convolutes.
Gao et al. teaches [wherein the at least two convolutes comprises three to twenty convolutes.] (Annotation of Fig. 3 above; As shown the annotation above, Gao et al. illustrates wherein the at least two convolutes 101 comprises three to twenty convolutes.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the at least two convolutes comprises three to twenty convolutes of Gao et al. with the convolute configuration of Hubner, as modified, with a reasonable expectation of success because it would allow for a flexible, modular bellow system that can accommodate varying lengths between vehicles, thus improving adaptability in various train configurations, while maintaining structural integrity and ease of assembly.
Response to Arguments
Applicant’s amendment filed 10/03/2025 (hereinafter Response) including claim amendments have been entered. Examiner notes that claims 13, 21, and 25 have been amended. In light of amendments, all objections have been withdrawn.
Applicant’s arguments, see Pages 5, lines 32-34 and Page 6, lines 15-19 of Remarks, filed 10/03/2025, with respect to the rejections of claims 13, 21, and 25 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Junke et al. US 8733777 B2.
Applicant argues that the newly added limitation to claim 13— “wherein the first piece is independent from the second piece and that there is no additional layer of material that is connected to the first piece and to the second piece”—distinguishes the claimed invention from Hubner.
While it is acknowledged that Hubner does not expressly disclose the independence of the first and second pieces without an additional connecting layer, an updated search was conducted in view of the amendments. The updated search identified Junke et al., which expressly teaches a corrugated below structure formed from two separate limb portions 2, 3 (i.e., first and second pieces). As shown in Junke et al., each limb defines part of the corrugation, and the limbs are structurally independent. Also, Junk et al. does not disclose any additional layer of material that is connected to both limbs, thereby meeting the amended limitation.
Accordingly, Applicant’s argument that the amended claim language is not taught or suggested by prior art is overcome by the teachings of Junke et al. The newly added limitation is therefore considered to be taught or rendered obvious by the art of record in combination with the newly identified reference.
Conclusion
THIS ACTION IS MADE FINAL. 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 Mohamed Medani whose telephone number is (703)756-1917. The examiner can normally be reached Monday - Friday, 8:30 am - 5:30 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, Valentin Neacsu can be reached at (571) 272-6265. 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.
/Mohamed M Medani/Examiner, Art Unit 3611
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611
Prosecution Insights