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 .
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(s) 24-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fifield (US 20180079436 A1) in view of Naef (EP 3670216 A1).
Regarding claim 24 Fifield as modified above teaches a method of operating a rail system (abstract), the rail system (Fifield, FIG. 1A: 100) having: a main track (Fifield, FIG. 1A: 101 & 102), a spur track (Fifield, FIG. 1C: 122) connected to the main track by a switch changeable between a closed state in which a vehicle traveling on the main track will stay on the main track across the switch, and cannot access the spur track, and an open state in which a vehicle traveling on the main track can be diverted from the main track onto the spur track (Fifield, FIG. 1C: 130; paragraph 37), a station spaced from the main track and accessible by the spur track (Fifield, FIG. 1A: 103) a train with a locomotive and a car coupled (Fifield, FIG. 1A: 108 & 109; paragraph 31), directly or indirectly, behind the locomotive (Fifield, FIG. 1A: depicted), and an embarkation/disembarkation (EMDI) vehicle releasably coupleable, directly or indirectly, behind the car (Fifield, FIG. 2B & 2C: 127; paragraph 37), in a first state of the rail system the switch being in the closed state, the train moving along the main track in a direction of travel toward the switch and the station, at a first speed, the EMDI vehicle being coupled to the car, and freight being carried by the EMDI vehicle, the method comprising: providing electric energy from an energy storage of the EMDI vehicle to at least one of an energy storage or a motor of the locomotive; decoupling the EMDI vehicle from the moving car; decelerating the EMDI vehicle to a second speed, less than the first speed, creating a separation between the EMDI vehicle and the car; after the train has moved past the switch, but before the EMDI vehicle has reached the switch, the switch then being changed from its closed state to its open state, diverting the EMDI vehicle from the main track to the spur track via the switch; and further decelerating the EMDI vehicle to a stop at the station (Fifield, FIG. 2A-2G: depicted performing this operation; paragraph 37). However, Fifield does not explicitly teach that the decoupling is done mechanically and electrically.
Naef does teach mechanically and electrically decoupling two vehicles (FIG. 1: mechanical coupling 61 and electrical coupling 62). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively included the mechanical and electrical coupling of Naef with the vehicles of Fifield in order to provide a secure and reliable connection that also allowed for electrical power supply for things like powering motors, recharging batteries, and climate control of the interiors.
Regarding claim 25 Fifield as modified above teaches unloading the freight from the EMDI vehicle into the station (Fifield, paragraph 37).
Regarding claims 26, 28, 31, & 33 Fifield as modified above teaches that the first or second car is a freight car (Fifield, paragraphs 30 & 37).
Regarding claim 27 Fifield as modified above teaches that the train is a first train, the locomotive is a first locomotive, the car is a first car, and the freight is a first freight, the switch being a first switch, the spur track being further connected to the main track by a second switch on the opposite side of the station from the first switch (Fifield, FIG. 1C: 131), the second switch being changeable between a closed state in which a vehicle traveling on the spur track cannot access the main track and an open state in which a vehicle traveling on the spur track can access the main track, the rail system further includes a second train having a second locomotive and a second car, and the rail system being in a second state in which the second switch is in its closed state the second train is moving along the main track in the direction of travel at a third speed, less than the first speed, and a second freight is located in the station, the method further comprising: loading the second freight from the station onto the EMDI vehicle; accelerating the EMDI vehicle on the spur track toward the second switch; after the second train has moved past the second switch, the switch then being changed from its closed state to its open state, exiting the EMDI vehicle from the spur track onto the main track via the second switch, behind the second train; accelerating the EMDI vehicle to a fourth speed, higher than the third speed; reducing a distance between the EMDI vehicle and the second train until the EMDI vehicle reaches the second car; and coupling the EMDI vehicle to the second car (Fifield, FIG. 1A-2G: depicted with multiple trains, cars, stations, etc. allowing for this method to be performed). However, Fifield does not explicitly teach that the decoupling is done mechanically and electrically or providing electric energy from the energy storage of the EMDI vehicle to at least one of an energy storage or a motor of the second locomotive.
Naef does teach mechanically and electrically decoupling two vehicles (FIG. 1: mechanical coupling 61 and electrical coupling 62) and providing electric energy from the energy storage of the EMDI vehicle to at least one of an energy storage or a motor of the second locomotive (FIG. 1: depicted with the structure to supply both vehicles’ motors and batteries). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively included the mechanical and electrical coupling of Naef with the vehicles of Fifield in order to provide a secure and reliable connection that also allowed for electrical power supply for things like powering motors, recharging batteries, and climate control of the interiors.
Regarding claim 29 Fifield as modified above teaches that the EMDI vehicle is releasably coupleable, directly or indirectly, behind the car while the train is moving at the first speed (Fifield, FIG. 2A & 2B: depicted).
Regarding claim 30 Fifield as modified above teaches a method of operating a rail system (abstract), the rail system having: a main track (Fifield, FIG. 1A: 101 & 102), a spur track (Fifield, FIG. 2C: 122) connected to the main track by a first switch and a second switch (Fifield, FIG. 2C: 130 & 131) disposed on opposite sides of a station (Fifield, FIG. 1A: 103), the station spaced from the main track and accessible by the spur track (Fifield, FIG. 1A: depicted), the first switch changeable between a closed state in which a vehicle traveling on the spur track cannot access the main track and an open state in which a vehicle traveling on the spur track can access the main track (Fifield, paragraph 37), a train with a locomotive and at least one car coupled, directly or indirectly, behind the locomotive (Fifield, FIG. 1A: 108 & 109), and an embarkation/disembarkation (EMDI) vehicle releasably coupleable, directly or indirectly, behind the car (Fifield, FIG. 2C: 127), in a first state of the rail system the first switch being in the closed state, the train moving along the main track in a direction of travel in which the first switch is past the station, at a first speed, the EMDI vehicle being disposed on the spur track adjacent to the station, and a freight is located in the station, the method comprising: loading the freight from the station onto the EMDI vehicle; accelerating the EMDI vehicle on the spur track toward the first switch; after the train has moved past the first switch, the first switch then being changed from its closed state to its open state, exiting the EMDI vehicle from the spur track onto the main track via the first switch, behind the train; accelerating the EMDI vehicle to a second speed, higher than the first speed; reducing a distance between the EMDI vehicle and the train until the EMDI vehicle reaches the car; coupling the EMDI vehicle to the car (Fifield, FIG. 2A-2G: depicted); and providing electric energy from an energy storage of the EMDI vehicle (Fifield, FIG. 4A: 404; paragraph 49) to at least one of an energy storage or a motor of the locomotive (Fifield, paragraphs 40 & 45, “internal system of electronic components to power traction motors”). However, Fifield does not explicitly teach that the decoupling is done mechanically and electrically.
Naef does teach mechanically and electrically decoupling two vehicles (FIG. 1: mechanical coupling 61 and electrical coupling 62). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively included the mechanical and electrical coupling of Naef with the vehicles of Fifield in order to provide a secure and reliable connection that also allowed for electrical power supply for things like powering motors, recharging batteries, and climate control of the interiors.
Regarding claim 32 Fifield as modified above teaches a method of operating a rail system (abstract), the rail system having: a main track (Fifield, FIG. 1A: 101 & 102), a spur track (Fifield, FIG. 2C: 122) connected to the main track at two separated locations by a first switch and a second switch (Fifield, FIG. 2C: 130 & 131) the first switch being changeable between a closed state in which a vehicle traveling on the main track will stay on the main track across the switch, and cannot access the spur track, and an open state in which a vehicle traveling on the main track can be diverted from the main track onto the spur track, the second switch being changeable between a closed state in which a vehicle traveling on the spur track cannot access the main track and an open state in which a vehicle traveling on the spur track can access the main track (Fifield, paragraph 37), a station spaced from the main track, accessible by the spur track, and disposed between the first switch and the second switch (Fifield, FIG. 1A: 103), a train with a locomotive and a car coupled (Fifield, FIG. 1A: 108 & 109), directly or indirectly, behind the locomotive, a first embarkation/disembarkation (EMDI) vehicle being releasably coupleable, directly or indirectly, behind the car (Fifield, FIG. 2A-2G: 127), and a second EMDI vehicle being releasably coupleable, directly or indirectly, behind the car (Fifield, FIG. 2A-2G: 129), in a first state of the rail system each of the first switch and the second switch being in its closed state, the train moving along the main track in a direction of travel in which the second switch is past the first switch, at a first speed, the first EMDI vehicle being coupled to the car, a first freight being carried by the first EMDI vehicle, and a second freight located in the station, the method comprising: providing electric energy from an energy storage of the first EMDI vehicle to at least one of an energy storage or a motor of the locomotive; before the train reaches the first switch, decoupling the first EMDI vehicle from the car; after the first EMDI vehicle has decelerated to a speed less than the first speed, creating a separation between the first EMDI vehicle and the car, the train has passed the first switch but the first EMDI vehicle has not reached the first switch, the first switch has changed from its closed state to its open state, and the first EMDI vehicle has diverted from the main track onto the spur track via the first switch, decelerating the train from the first speed to a second speed, lower than the first speed; after the train has moved past the second switch, after the second switch has changed from its closed state to its open state, after the second EMDI vehicle has had the second freight loaded from the station, left the station on the spur track, reached the first switch, and entered the main track from the spur track via the second switch, accelerating the second EMDI vehicle to a third speed, higher than the second speed, and reduced a distance between the second EMDI vehicle and the train until the second EMDI vehicle reaches the car, coupling the second EMDI vehicle to the car; and accelerating the train from the second speed to the first speed (Fifield, FIG. 2A-2G: depicted). However, Fifield does not explicitly teach that the decoupling is done mechanically and electrically or providing electric energy from the energy storage of the EMDI vehicle to at least one of an energy storage or a motor of the second locomotive.
Naef does teach mechanically and electrically decoupling two vehicles (FIG. 1: mechanical coupling 61 and electrical coupling 62) and providing electric energy from the energy storage of the EMDI vehicle to at least one of an energy storage or a motor of the second locomotive (FIG. 1: depicted with the structure to supply both vehicles’ motors and batteries). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively included the mechanical and electrical coupling of Naef with the vehicles of Fifield in order to provide a secure and reliable connection that also allowed for electrical power supply for things like powering motors, recharging batteries, and climate control of the interiors.
Regarding claim 34 Fifield as modified above teaches a method of operating a rail system (abstract), the rail system having: a main track (Fifield, FIG. 1A: 101 & 102), a spur track connected to the main track at two separated locations (Fifield, FIG. 2C: 122) by a first switch and a second switch (Fifield, FIG. 2C: 130 & 131), the first switch being changeable between a closed state in which a vehicle traveling on the main track will stay on the main track across the switch, and cannot access the spur track, and an open state in which a vehicle traveling on the main track can be diverted from the main track onto the spur track, the second switch being changeable between a closed state in which a vehicle traveling on the spur track cannot access the main track and an open state in which a vehicle traveling on the spur track can access the main track (Fifield, paragraph 37), a station spaced from the main track, accessible by the spur track, and disposed between the first switch and the second switch (Fifield, FIG. 1A: 103), a train with a locomotive and a car (Fifield, FIG. 1A: 108 & 109) coupled, directly or indirectly, behind the locomotive, a first embarkation/disembarkation (EMDI) vehicle being releasably coupleable, directly or indirectly, behind the car, and a second EMDI vehicle being releasably coupleable, directly or indirectly, behind the car (Fifield, FIG. 2C: 127 & 129), in a first state of the rail system each of the first switch and the second switch being in its closed state, the train moving along the main track in a direction of travel in which the second switch is past the first switch, at a first speed, the first EMDI vehicle being coupled to the car (Fifield, FIG. 2A-2G: depicted; paragraphs 30 & 37), a first freight being carried by the first EMDI vehicle, and a second freight located in the station (Fifield, paragraph 30), the method comprising: providing electric energy from an energy storage of the first EMDI vehicle to at least one of an energy storage or a motor of the locomotive (Fifield, FIG. 4A; 404; paragraphs 40, 45, & 49); decoupling the first EMDI vehicle from the car; after the first EMDI vehicle has been decoupled from the car and decelerated to a speed less than the first speed, creating a separation between the first EMDI vehicle and the car, and after the train has passed the first switch but the first EMDI vehicle has not reached the first switch, causing the first switch to change from its closed state to its open state, enabling the first EMDI vehicle to be diverted from the main track onto the spur track via the first switch; and after the train has moved past the second switch, but before the second EMDI vehicle, onto which has been loaded the second freight from the station and left the station on the spur track moving towards the second switch, has reached the second switch, causing the second switch to move from its closed position to its open position, enabling the second EMDI vehicle to enter the main track from the spur track via the second switch, behind the train (Fifield, FIG. 2A-2G: depicted). However, Fifield does not explicitly teach that the decoupling is done mechanically and electrically.
Naef does teach mechanically and electrically decoupling two vehicles (FIG. 1: mechanical coupling 61 and electrical coupling 62). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively included the mechanical and electrical coupling of Naef with the vehicles of Fifield in order to provide a secure and reliable connection that also allowed for electrical power supply for things like powering motors, recharging batteries, and climate control of the interiors.
Regarding claims 35 & 36 Fifield as modified above teaches that after the first EMDI vehicle has diverted from the main track onto the spur track via the first switch, causing the first switch to change from its open state to its closed state and that after the second EMDI vehicle has entered the main track from the spur track via the second switch, causing the second switch to change from its open state to its closed state (Fifield, FIG. 2A-2G: depicted; paragraph 37).
Regarding claim 37 Fifield as modified above teaches accelerating the second EMDI vehicle to a second speed higher than the first speed to reduce a distance between the second EMDI vehicle and the train until the second EMDI vehicle reaches the car (Fifield, FIG. 2A-2G: depicted); mechanically and electrically coupling the second EMDI vehicle to the car (see claim 34); and providing electric energy from an energy storage of the second EMDI vehicle to at least one of the energy storage or the motor of the locomotive (allowed for by structure of the combination through the electrical coupling of Naef).
Response to Arguments
Applicant’s arguments with respect to claim(s) 24, 30, 32, & 34 have been considered but are moot because the new rejection expressly teaches the newly amended limitations argued. Further limitations will be necessary to overcome the prior art.
Conclusion
Prior art made of record and not replied upon is considered pertinent to applicant’s disclosure. The references noted on the attached PTO 892 teach rail vehicles of interest.
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 extension fee 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 MAXWELL L MESHAKA whose telephone number is (571)272-5693. The examiner can normally be reached on Mon-Fri 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel J Morano IV can be reached on (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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/MAXWELL L MESHAKA/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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