NON-FINAL REJECTION
Acknowledgements
1. This non-final rejection addresses reissue U.S. Application No. 17/935,090 (“instant application”). Examiners find the actual filing date of the instant application is September 24, 2022.
2. The instant application is a narrowing reissue application of U.S. Patent No. 10,444,095, (“‘095 Patent”) issued October 15, 2019. The ‘095 Patent was filed on July 18, 2016 as U.S. Application No. 15/212,461 (“461 Application”), titled “RAIL MEASURING SYSTEM”.
3. Examiners do not find any certificates of correction, ongoing/previous proceedings before the Office, or current ongoing litigation involving the ‘095 Patent.
4. The ‘095 Patent issued with claims 1-18 (“Patented Claims”). In the preliminary amendment filed Sept. 24, 2022 ("SEPTEMBER 2022 CLAIM AMENDMENTS"), claim 7 was canceled. Thus, claims 1-6 and 8-18 are pending and grouped as follows:
claims 1-6;
claims 8-11; and
claims 12-18.
Priority Claims
5. Examiners find the instant application claims foreign priority to GERMANY 10 2014 100 653.4 filed January 21, 2014.
6. The presumed effective filing date of the instant application is July 18, 2016.
Reissue Declaration
7. Claims 1-6 and 8-18 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251. See 37 CFR 1.175.
Specifically, the following box in the PTO/AIA /06 was left blank in this narrowing reissue, which is insufficient.
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Examiners suggest the following description to overcome this rejection.
“Patentee claimed more than he had the right to in the issued ‘095 Patent. Thus, claims 1 and 12 have been narrowed by claiming the ‘convertor structure.”
This is only a suggestion, and Applicant may describe any other narrowing limitation to overcome this rejection.
Corrected Application Data Sheet (“ADS”)
8. The corrected ADS filed January 20, 2026 has been received and a corrected filing receipt reflecting the correction in the corrected ADS will be issued.
Allowable Subject Matter
9. If a sufficient reissue declaration is filed, then claims 1-6, 8-11, and 12-18 would be in condition for allowance.
As to claims 1-6, the prior art does not disclose or make obvious “providing the at least one fiber-optic sensor unit across the neutral axis at a positive 1st angle of 30° to 60° relative to the neutral axis or at a negative angle of -30° to -60° relative to the neutral axis, wherein the at least one fiber-optic sensor unit is mounted to the rail through a converter structure, wherein one mounting point of the fiber-optic sensor unit is disposed on one side of the neutral axis and another mounting point is disposed on an opposite side of the neutral axis; wherein the converter structure comprises two spaced-apart rods connected by a bar each of the two spaced-apart rods having a mounting point opposite a suspension point, wherein the bar is disposed between the mounting points and suspension points defining a pair of 1st lever arms extending between the bar and the suspensions points and a pair of 2nd lever arms extending between the bar and the mounting points, wherein the converter structure is adapted to be mounted to the rail via the two mounting points, and wherein the at least one fiber-optic sensor unit is clamped to the 1st lever arms at the suspension points” in combination with the other limitations of the claims.
As to claims 8-11, the prior art does not disclose or make obvious “a converter structure comprising two spaced-apart rods connected by a bar, each of the two spaced-apart rods having a mounting point opposite a suspension point, wherein the bar is disposed between the mounting points and suspension points defining a pair of 1st lever arms extending between the bar and the suspensions points and a pair of 2nd lever arms extending between the bar and the mounting points, wherein the converter structure is adapted to be mounted to the rail via the two mounting points, and wherein the optical fiber is clamped to the 1st lever arms at the suspension points; and an edge filter for filtering a 1st part of a signal light generated by reflection or transmission of primary light irradiated on the fiber optical sensor unit, wherein the optical fiber connects the edge filter with the fiber Bragg grating” in combination with the other limitations of the claims.
As to claims 12-18, the prior art does not disclose or make obvious “at least one fiber-optic sensor unit for detecting the mechanical force that acts on the rail, wherein the at least one fiber-optic sensor unit is mounted to the rail, wherein one mounting point of the at least one fiber-optic sensor unit is disposed on one side of the neutral axis and another mounting point is disposed on an opposite side of the neutral axis, wherein the at least one fiber-optic sensor unit comprises: a fiber Bragg grating provided in an optical fiber which has a Bragg wavelength which depends on the mechanical force, wherein the at least one fiber-optic sensor unit is mounted to the rail across the neutral axis at a positive 1st angle of 30° to 60° relative to the neutral axis or at a negative 2nd angle of -30° to -60° relative to the neutral axis of the rail; and a converter structure comprising two spaced-apart rods connected by a bar, each of the two spaced-apart rods having a mounting point opposite a suspension point, wherein the bar is disposed between the mounting points and suspension points defining a pair of 1st lever arms extending between the bar and the suspensions points and a pair of 2nd lever arms extending between the bar and the mounting points, wherein the converter structure is adapted to be mounted to the rail via the two mounting points, and wherein the optical liber is clamped to the 1st lever arms at the suspension points” in combination with the other limitations of the claims.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANDRA M HUGHES whose telephone number is (571)272-6982. The examiner can normally be reached Generally M-Th 8AM-6PM.
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, Hetul Patel can be reached at 571-272-4184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Signed:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
Conferees:
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
/H.B.P/
Hetul PatelSupervisory Patent Examiner, Art Unit 3992
