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 .
The disclosure is objected to because of the following informalities:
Paragraph 0071 – line 11, “cylinders 112” should be –cylinders 122--.
Appropriate correction is required.
Claim 16 is objected to because of the following informalities:
In line 2, “fastener” should be –fasteners—to correct grammar.
Appropriate correction is required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 15 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.
Claim 1, “the rail securement rack comprising” in lines 3 and 4 is somewhat unclear and should apparently be –the rail securement rack assembly comprising--. Note also “said rail securement rack” in the last line lacks clear support and should apparently be –said rail securement rack assembly--.
Regarding claims 2-7, it should be noted that the preambles do not match the preamble of the base claim. It appears “rack” in the first line of each of these claims (i.e. 6 places total) should be –rack assembly—for consistency.
Claim 15, “said two support flatcars” in line 3 lacks clear antecedent basis and could be written as –two of said plural support flatcars—for clarity as best understood. Additionally, “to be drawn of an end” at the end of the claim is generally awkward and not wholly understood.
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 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.
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 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.
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.
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.
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.
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/STEPHEN T GORDON/Primary Examiner, Art Unit 3614