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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Claim Rejections - 35 USC § 102
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 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1-3, 6-7, 8-10, 13-15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Green et al. 2006/0102042.
Claim 1, Green teaches a rail securement rack assembly (figure 8 embodiment) for a tie-down flatcar (316) in a consist of flatcars (300, figure 3) for transporting continuous rail sections (e.g. 102a) greater in length than a single flatcar (e.g. see paragraphs 0054, 0055, and 0101), and adapted for top loading (note the topmost rail supporting shelves 324 in the figure 8 embodiment are selectively rotatable to an out of the way position 346 which could accommodate top loading; see paragraph 0056 - lines 1-8 and 23-27; paragraph 0057, lines 1-5 and 11-15 etc.) and end unloading of the rail sections as broadly claimed (see paragraph 0065, 0098 etc.). The rail securement rack includes a vertically oriented support frame (322, 328a+, figure 8) which is adapted for fixed connection to the tie-down flatcar as broadly claimed and plural rail clamping shelves (324) configured to selectively engage said support frame in a stacked manner (e.g. see figure 8). Each of the rail clamping shelves includes an upper surface (e.g. the top of shelf 324 at pocket 354 supporting a portion of the rail 102a sections as seen in figure 8) for supporting plural continuous rail sections therebelow (as seen in FIG.8 where the clamp assembly 352 is provided between two separate (plural) continuous rail sections on either side) and a rail clamp assembly (352) for retainably engaging the portion of the continuous rail sections. Portions of the rail clamping shelves (324) are selectively positionable between a first position (348) generally orthogonal to said portion of the continuous rail sections (figure 8; paragraph 0056, last three lines) to facilitate support thereof and a second position (346) which is out of the way of the next lower shelf 324 such that a rail section could be placed into the rack from above such that it would enable placement as broadly claimed - see paragraphs 0056, lines 23-25.
Claim 2, the rail clamping shelves are rotatably coupled to the support frame along a vertical axis such that they are rotatable between the first position and the second position (see paragraph 0056, lines 5-9 and paragraph 0057). The second position aligns the rail clamping shelves in generally parallel alignment with the portion of the continuous rail sections which would facilitate the top loading as broadly claimed.
Claim 3, alternatively reading only elements 328a and 328b on the support frame, the rail clamping shelves are replaceably coupled to the frame as broadly claimed - see paragraph 0056, lines 9-27.
Claims 6 and 7, the clamp elements define plate elements secured by fasteners such that they abut and apply force to the rail base flanges (e.g. see figure 8) to secure them to the shelves. With additional regard to claim 7, to the extent that the clamp plate portions engage the rail base along at least an abutting portion of the base, they are deemed to define "conformal" clamps which apply a "conformal force" as very broadly claimed.
Claim 8, Green teaches a consist of flatcars (300, figure 3) for transporting continuous rail sections (e.g. 102a) greater in length than a single flatcar (e.g. see paragraphs 0054, 0056, and 0101 etc.) and adapted for top loading (e.g. note topmost rail supporting shelves 324 are selectively rotatable to an out of the way position 346 to expose lower shelves - see position 348, figure 7) which would accommodate top loading. Additionally, the consist is adapted for end loading as broadly claimed - see paragraph 0065, paragraph 0098 etc. The consist comprises a tie-down flatcar (316, figure 3) with a rail securement rack (322, 328a+; figure 8) fixed thereto. The rail securement rack includes a vertical support frame (322, 328a+), plural rail clamping shelves (at 324) configured to selectively engage said support frame in a stacked manner as broadly claimed (e.g. see figure 8). Each of the rail clamping shelves includes an upper surface (e.g. the top of shelf 324 at pocket 354 supporting a portion of the rail 102a sections as seen in figure 8) for supporting a portion of the continuous rail sections thereupon and a rail clamp assembly (352) for retainably engaging the portion of the continuous rail sections. Portions of the rail clamping shelves (324) are selectively positionable between a first position (348) generally orthogonal to said portion of the continuous rail sections (figure 8; paragraph 0056, last three lines) to facilitate support thereof and a second position (346) which is out of the way of the next lower shelf 324 such that a rail section could be placed into the rack from above such that it would enable placement as broadly claimed - see paragraphs 0056, lines 23-25. The consist further includes plural support flatcars (e.g. see the two flatcars 314 on either side of the tiedown flatcar in figure 3). Each of the support flatcars has a roller rack (322, 328a+; figure 7 rack embodiment) fixed thereto that includes plural roller shelves (324, figure 7) that each comprise plural rollers (350) to supportingly engage the rail sections to enable movement of the rail sections along a longitudinal axis of said consist as broadly claimed. The roller shelves are pivotally mounted to said roller racks between a loading position (346, figure 7) that would provide clearance for placement of the rail sections from above the consist and a transport position (348, figure 7) generally orthogonal to the rail sections to facilitate support thereof during transit and unloading of the consist (see paragraph 0056, lines 5-8 and 24-28 etc.).
Claim 9, the rail clamping shelves are rotatably coupled to the support frame along a vertical axis such that they are rotatable between the first position and the second position (see paragraph 0056, lines 5-9 and paragraph 0057). The second position aligns the rail clamping shelves in generally parallel alignment with the portion of the continuous rail sections which would facilitate the top loading as broadly claimed.
Claim 10, alternatively reading only elements 328a and 328b on the support frame, the rail clamping shelves are replaceably coupled to the frame as broadly claimed - see paragraph 0056, lines 9-27.
Claims 13 and 14, the clamp elements define plate elements secured by fasteners such that they abut and apply force to the rail base flanges (e.g. see figure 8) to secure them to the shelves. With additional regard to claim 14, to the extent that the clamp plate portions engage the rail base along at least an abutting portion of the base, they are deemed to define "conformal" clamps which apply a "conformal force" as very broadly claimed.
Claim 15, the consist includes two end flatcars (see end cars 312 in figure 3) coupled to ones of the support flatcars. Each end car includes a roller rack fixed thereto as best understood (e.g. see paragraph 0057, lines 1-9). The end cars also include a longitudinal barrier 356 at an unconnected end as broadly claimed and a door 358 operable to open and enable the rail sections to be manipulated as broadly claimed and as best understood - see paragraph 0058 etc.
Claim 17, the support frame includes two side supports 328a, 328b and a center support 322 which are vertically oriented. The rail clamping shelves are positioned as broadly claimed - see figure 8.
Allowable Subject Matter
Claims 11-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 4-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 16 is objected to for the minor informality noted above but is otherwise allowable.
Response to Arguments
Applicant's arguments filed 5/6/26 have been fully considered but they are not persuasive.
Applicant argues Green does not provide for the newly amended claim limitations of having a tie down 352 for “retainably engaging plural continuous rail sections therebelow”. Examiner disagrees. As seen in FIG.8, Green provides clamp assembly (352) positioned between two separate continuous rail sections on either side thereof. That is only continuous rail section is provided to the left of the clamp assembly and one continuous rail section is provided to the right of the clamp assembly where the clamp assembly engages and retains both (the plurality) of the continuous rail sections. As two can be considered a plurality, Green satisfies the claims as amended. The rejection set forth above is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Herzog et al. '038 and Hilton '885 are cited as further examples of transport and securement of elongated objects on a railcar.
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 HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
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