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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/07/2022 and 08/15/2025 are being considered by the examiner.
References relied upon
Reference 1: WO 2008/132124, Meissner et al., “Automatic articulated coupling” Reference 2: US 1,949,813, Regan, “Coupler shield” Reference 3: US 2,246,406, Wittmer, “Car coupler” Reference 4: US 3,871,531, Brisard et al., “Automatic central buffer couplings for rail vehicles” Reference 5: US 9,027,485 B2, Konomi et al., “Obstacle deflector of railcar”
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.
Rejection I
Claims 13 and 26 are rejected under 35 U.S.C. § 103 as being unpatentable over Reference 1 in view of Reference 2 and further in view of Reference 3.
Claim 13
A coupler for coupling a railway vehicle to another railway vehicle, comprising: a mounting arm for mounting the coupler to a railway vehicle; a coupling arm; and a joint; wherein the mounting arm and the coupling arm are connected to each other via the joint in such a way that the mounting arm and the coupling arm are movable relative to each other and the coupling arm can be brought into a pivoted position; and wherein the coupler further comprises a coupler deflecting device comprising a deflector plate arranged on a deflector plate holder on the mounting arm and arranged to deflect the coupler sidewards in a pivoted position when it comes into contact with another coupler.
Analysis
Reference 1 teaches a coupler for coupling one railway vehicle to another railway vehicle. Reference 1 discloses a central buffer coupling for a rail vehicle having a front shaft part 5, a rear shaft part 6, a connecting bolt 7, a coupling head 2, and a bearing block 4 configured to be attached to a rail vehicle.
The limitation of “a mounting arm for mounting the coupler to a railway vehicle” is taught by Reference 1’s rear shaft part 6 together with bearing block 4. Rear shaft part 6 is the rear structural arm of the articulated coupler and is mounted to the rail vehicle through bearing block 4.
The limitation of “a coupling arm” is taught by Reference 1’s front shaft part 5. Front shaft part 5 carries the coupling head 2 and is the forward arm that performs the coupling function.
The limitation of “a joint” is taught by Reference 1’s connecting bolt 7. Connecting bolt 7 joins front shaft part 5 to rear shaft part 6.
The limitation “wherein the mounting arm and the coupling arm are connected to each other via the joint in such a way that the mounting arm and the coupling arm are movable relative to each other” is taught by Reference 1 because front shaft part 5 is pivotable relative to rear shaft part 6 about the axis defined by connecting bolt 7.
The limitation “and the coupling arm can be brought into a pivoted position” is likewise taught by Reference 1 because its pivoting mechanism permits front shaft part 5 to swing relative to rear shaft part 6 into an angled or pivoted position.
Reference 1, however, does not expressly disclose that the coupler further comprises a coupler deflecting device comprising a deflector plate arranged on a deflector plate holder on the mounting arm and arranged to deflect the coupler sidewards in a pivoted position when it comes into contact with another coupler.
Reference 2 teaches the missing holder/plate structure. Reference 2 teaches a frame carried by the coupler and provided with a collar 11 receiving the coupler shank 2. Reference 2 further teaches that the frame has upper and lower walls and front and rear walls, and that the front wall 18 / 30 is provided with a projection or flange 22 / 35 having an outwardly and rearwardly inclined face for diverting the blow of a mating coupler. Thus, Reference 2 teaches a deflector plate in the form of front wall 18 / 30 and its projection 22 / 35 arranged on a deflector plate holder in the form of the frame/collar structure carried on the coupler shank.
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to a person of ordinary skill in the art to adapt the holder/plate structure of Reference 2 to the articulated coupler of Reference 1 by placing the Reference 2 frame/collar on the rear shaft part 6 of Reference 1, which is the mounting-arm region of the articulated coupler, so that the front wall/projection of Reference 2 is presented forwardly on the mounting arm.
Reference 3 teaches the missing sideward deflection function in a pivoted coupler environment. Reference 3 teaches pivotally mounted car couplers at pivots 11 and 12, and further teaches that contact between abutment surfaces of angled couplers occurs to the side of the line joining the pivots, such that the couplers rotate and slide on each other to straighten. Reference 3 also teaches, in another embodiment, that contact between abutment 26 and abutment 32 on the side of line Y-Y causes the couplers to rotate and slide on each other in a direction that straightens them.
Accordingly, the combined teachings of References 1, 2, and 3 teach or render obvious a coupler deflecting device comprising a deflector plate on a holder on the mounting arm, wherein contact between pivoted couplers produces a lateral force component causing the coupler to be deflected sidewards.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the articulated coupler of Reference 1 with the holder/plate structure of Reference 2 in order to protect the mounting-arm/joint region from direct impact and to ensure that contact occurs first through a robust plate carried on the coupler rather than directly through more vulnerable coupling structure. It would further have been obvious to shape and use that forward plate in the manner taught by Reference 3 so that, when pivoted couplers contact one another, the contact occurs on the side of the pivot line and causes the couplers to rotate and slide relative to one another, thereby deflecting the couplers sidewards and reducing undesirable head-on interference and jack-knifing. The combination merely applies known coupler-protection and coupler-guiding teachings to the articulated railway coupler of Reference 1 for their known and predictable benefits.
Claim 26
A rail vehicle comprising: a coupler that couples the railway vehicle to another railway vehicle, comprising: a mounting arm for mounting the coupler to the railway vehicle; a coupling arm; and a joint; wherein the mounting arm and the coupling arm are connected to each other via the joint in such a way that the mounting arm and the coupling arm are movable relative to each other and the coupling arm can be brought into a pivoted position; and wherein the coupler further comprises a coupler deflecting device comprising a deflector plate arranged on a deflector plate holder on the mounting arm and arranged to deflect the coupler sidewards in a pivoted position when it comes into contact with another coupler.
Analysis
Claim 26 is directed to a rail vehicle carrying the coupler of claim 13. Reference 1 already teaches the articulated coupler mounted to a rail vehicle through bearing block 4. Thus, the rail vehicle aspect is expressly taught by Reference 1.
The coupler recited in claim 26 includes the same coupler structure discussed above for claim 13, namely: rear shaft part 6 as the mounting arm, front shaft part 5 as the coupling arm, connecting bolt 7 as the joint, and relative pivoting between front shaft part 5 and rear shaft part 6. The additional holder/plate structure on the mounting arm is taught by Reference 2 as applied to the Reference 1 rear shaft part 6, and the sideward deflection in a pivoted position is taught by Reference 3 as discussed above.
Accordingly, claim 26 is unpatentable for the same reasons set forth with respect to claim 13.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide the rail vehicle of Reference 1 with the modified coupler of claim 13 because doing so merely installs the obvious articulated-and-deflecting coupler arrangement on the rail vehicle that already carries the articulated coupler in Reference 1, thereby obtaining the predictable benefit of protecting the coupler region and deflecting pivoted couplers laterally upon contact.
Rejection II
Claims 14, 22-25, 27, and 28 are rejected under 35 U.S.C. § 103 as being unpatentable over Reference 1 in view of Reference 2 and further in view of Reference 3 and further in view of Reference 4.
Claim 14
The coupler of claim 13, further comprising: a front portion having a forward end and a rear end, and a coupler head arranged on the forward end of the front portion; a rear portion having a forward end and a rear end and extending along a longitudinal axis (A) from the rear end to the forward end; a pivot anchor arranged on a rear end of the rear portion, the pivot anchor being configured to be attached to a car of a rail vehicle; a joint for connecting a rear end of the front portion to the forward end of the rear portion, the joint being configured to allow the front portion to pivot in relation to the rear portion about a pivot axis (B) that is perpendicular to the longitudinal axis (A) from an operational position in which the forward portion and the rear portion are aligned so that the forward portion extends in a forward direction from the rear portion, to a pivoted position in which the forward portion is pivoted about the pivot axis (B) so that the forward portion extends at an angle from the rear portion; and wherein: a deflector plate is arranged on a deflector plate holder at the forward end of the rear portion, said deflector plate having a front surface that is substantially vertical and inclined at an acute angle (α) with respect to the longitudinal axis (A) of the rear portion.
Analysis
The further limitation of “a front portion having a forward end and a rear end, and a coupler head arranged on the forward end of the front portion” is taught by Reference 1’s front shaft part 5 carrying coupling head 2.
The limitation of “a rear portion having a forward end and a rear end and extending along a longitudinal axis (A)” is taught by Reference 1’s rear shaft part 6.
The limitation of “a pivot anchor arranged on a rear end of the rear portion, the pivot anchor being configured to be attached to a car of a rail vehicle” is taught by Reference 1’s bearing block 4 at the rear mounting end of the rear shaft part 6.
The limitation of “a joint for connecting a rear end of the front portion to the forward end of the rear portion” is taught by connecting bolt 7 in Reference 1.
The limitation that the joint allows the front portion to pivot relative to the rear portion about a pivot axis perpendicular to the longitudinal axis from an operational position to a pivoted position is likewise taught by Reference 1, because front shaft part 5 pivots relative to rear shaft part 6 about the axis defined by bolt 7.
The limitation that “a deflector plate is arranged on a deflector plate holder at the forward end of the rear portion” is rendered obvious by the adaptation of Reference 2 to Reference 1. Reference 2 teaches a holder/frame carried on the shank by collar 11 and pushed forward over the shank until it is located immediately adjacent the forward coupling region. When applied to Reference 1, a person of ordinary skill in the art would have located the Reference 2 holder on the forward end of rear shaft part 6, i.e., immediately adjacent joint bolt 7, because that is the portion of the rear structure nearest the anticipated coupler-to-coupler contact and the most effective place from which to intercept contact before it reaches the front portion and joint.
The limitation that the deflector plate has “a front surface that is substantially vertical and inclined at an acute angle (α) with respect to the longitudinal axis (A) of the rear portion” is taught by Reference 4. Reference 4 teaches buffing plate 11 having shank portion 111, inclined intermediate plate portion 113, and front plate portion 112, with the relative angle between shank portion 111 and front plate portion 112 being an acute angle, for example about 15 degrees. Reference 4 also teaches substantially vertical faces 321, 322, and 323, and a vertical deflector 52. Thus, Reference 4 teaches the use of a substantially vertical plate/face geometry that is inclined at an acute angle relative to the coupler’s longitudinal direction.
A person of ordinary skill in the art would have found it obvious to configure the Reference 2 front-wall/projection plate, as adapted to the forward end of the rear shaft part 6 of Reference 1, with the acute-angle front-face geometry taught by Reference 4 in order to improve redirection of contact forces and promote deflection rather than square impact.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to one of ordinary skill in the art, before the effective filling date of the claimed invention, to apply the acute-angle plate geometry of Reference 4 to the holder-mounted front plate of Reference 2 as adapted to Reference 1 because Reference 4 is in the same rail-coupler field and teaches that a front plate portion can be arranged at an acute angle relative to a shank portion. A person of ordinary skill would have recognized that doing so on the forward end of Reference 1’s rear shaft part 6 would predictably improve the ability of the plate to redirect contact forces away from a head-on condition and toward lateral deflection, thereby further protecting the articulated joint and front portion.
Claim 22
The coupler according to claim 14, wherein the deflector plate holder is mounted on the rear portion.
Analysis
The added limitation that the deflector plate holder is mounted on the rear portion is taught by the adaptation of Reference 2 to Reference 1. Reference 2 teaches a holder/frame mounted on the coupler shank by collar 11. In the modified Reference 1 coupler, the analogous shank-like, car-mounted rear structure is rear shaft part 6, i.e., the rear portion. Therefore, the holder is mounted on the rear portion.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to mount the holder directly on Reference 1’s rear shaft part 6 because Reference 2 already teaches mounting a holder/frame on the shank portion of a coupler, and the rear shaft part 6 of Reference 1 is the analogous rear structural member. This provides a direct, rigid load path and leaves the pivoting front portion free to move.
Claim 23
The coupler according to claim 14, wherein the deflector plate holder is mounted on the joint at a rear joint portion that is non-pivotably arranged on the rear portion.
Analysis
Reference 1 teaches that the forward end of rear shaft part 6 is the rear-side portion of the joint structure associated with connecting bolt 7. That rear-side joint portion is non-pivoting with respect to the rear shaft part 6, since it forms part of the rear structure joined to the front shaft through bolt 7.
Reference 2 teaches locating the holder/frame at the forward end of the shank and immediately adjacent the coupling-head region by pushing the collar/yoke forward until the frame is aligned with the forward coupling structure. Thus, Reference 2 teaches joint-adjacent placement of the holder/plate structure at the forward end of the rear structural member.
Although Reference 2 does not use the same terminology as claim 23, it would have been obvious, in adapting Reference 2 to Reference 1, to place the holder not merely somewhere on the rear shaft part 6, but specifically on the rear-side joint region immediately adjacent connecting bolt 7, because that location is non-pivoting with the rear portion, places the holder/plate closest to the expected contact zone, and shortens the structural load path from the plate into the rear structure.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to place the holder at the rear-side joint portion of the Reference 1 joint rather than farther back on rear shaft part 6 because joint-adjacent placement provides the most direct transfer of lateral and impact loads into the non-pivoting rear structure and positions the deflecting plate nearest the collision interface. This is a predictable placement optimization within the same structure, not a change in principle of operation.
Claim 24
The coupler according to claim 14, wherein the deflector plate is fixed to the rear portion.
Analysis
Reference 2 teaches a holder/frame carried by the coupler, and further teaches an integral embodiment in which the shielding frame is cast integral with the coupler body. When adapted to Reference 1, this teaches or at least renders obvious fixing the plate/holder assembly to the rear shaft part 6 rather than leaving it loosely movable. Moreover, permanent fixation, such as welding or rigid fastening, is a routine and predictable way of mounting a plate to a rear structural portion in railway-coupler design.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to fix the deflector plate to the rear portion because fixed mounting is the simplest and strongest way to transmit contact loads into the rear structure and because Reference 2 expressly contemplates an integral frame embodiment. The resulting structure predictably improves durability and load transfer.
Claim 25
The coupler according to claim 14, wherein the deflector plate is removably attached to the rear portion.
Analysis
Reference 2 teaches a removable holder/frame arrangement in which collar 11 is threaded onto shank 2 and pushed forward into operating position. That is a removable attachment arrangement. When applied to Reference 1, this teaches or renders obvious a deflector plate and holder that are removably attached to the rear shaft part 6.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide removable attachment because Reference 2 already teaches a holder/frame that is installed onto the shank and can be removed. Removability predictably facilitates repair, replacement, and maintenance after impact damage.
Claim 27
The rail vehicle of claim 26, further comprising: the coupler having: a front portion having a forward end and a rear end, and a coupler head arranged on the forward end of the front portion; a rear portion having a forward end and a rear end and extending along a longitudinal axis (A) from the rear end to the forward end; a pivot anchor arranged on a rear end of the rear portion, the pivot anchor being configured to be attached to a car of the rail vehicle.
Analysis
Claim 27 is the vehicle counterpart of the structural limitations addressed in claim 14, but without yet repeating the full deflector-plate geometry. Reference 1 teaches front shaft part 5 with coupling head 2, rear shaft part 6, and bearing block 4 attached to the car body. Thus, the added vehicle/coupler structural limitations are taught by Reference 1.
Because claim 27 depends from claim 26, the base limitations of claim 26 are met for the reasons discussed above with respect to claim 26. The additional front portion, rear portion, and pivot anchor limitations are expressly met by Reference 1.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide the rail vehicle with the articulated coupler structure of Reference 1 as modified above because Reference 1 already mounts that structure on a rail vehicle, and the modification merely adds the obvious holder/plate deflection arrangement discussed in claim 26.
Claim 28
The rail vehicle of claim 27, further comprising: the coupler having: a joint for connecting a rear end of the front portion to the forward end of the rear portion, the joint being configured to allow the front portion to pivot in relation to the rear portion about a pivot axis (B) that is perpendicular to the longitudinal axis (A) from an operational position in which the forward portion and the rear portion are aligned so that the forward portion extends in a forward direction from the rear portion, to a pivoted position in which the forward portion is pivoted about the pivot axis (B) so that the forward portion extends at an angle from the rear portion; and wherein: a deflector plate is arranged on a deflector plate holder at the forward end of the rear portion, said deflector plate having a front surface that is substantially vertical and inclined at an acute angle (α) with respect to the longitudinal axis (A) of the rear portion.
Analysis
Claim 28 is the vehicle counterpart of claim 14. The joint and pivoting relationship are taught by Reference 1 via connecting bolt 7 joining front shaft part 5 to rear shaft part 6. The holder/plate at the forward end of the rear portion is rendered obvious by adapting the Reference 2 holder/frame to the forward end of rear shaft part 6 in Reference 1. The substantially vertical, acutely inclined front surface is rendered obvious by Reference 4’s buffing plate 11 with shank portion 111, inclined portion 113, and front plate portion 112 at an acute angle, together with its vertical face geometry and vertical deflector 52.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to incorporate the same claim-14 plate/holder geometry into the vehicle-mounted coupler of claim 27 because that is simply the vehicle version of the same structural arrangement and yields the same predictable benefit of directing contact away from a direct head-on engagement and toward sideward deflection.
Rejection III
Claims 15-21 are rejected under 35 U.S.C. § 103 as being unpatentable over Reference 1 in view of Reference 2 and further in view of Reference 3 and further in view of Reference 4 and further in view of Reference 5.
Claim 15
The coupler according to claim 14, wherein the front surface of the deflector plate is curved such that the inclination angle (α) increases in a direction away from the longitudinal axis (A) of the rear portion.
Analysis
Reference 5 teaches an obstacle deflecting plate 11 for a railcar having a main plate portion 13 with a front end portion 13a curved in a convex shape and side portions 13b extending rearwardly. Reference 5 further teaches upper and lower sub plate portions 14 and 15 with gradually increasing regions 14b and 15b that smoothly continue from front constant regions and whose projecting amounts gradually increase as they extend rearwardly. These teachings disclose a front/contact surface whose shape changes progressively such that the effective angular relationship increases away from the central front portion.
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to apply the curved, progressively changing contact-surface geometry of Reference 5 to the deflector plate of claim 14 as rendered obvious by References 1-4, in order to provide more progressive contact, smoother sideward camming, and reduced peak impact during sliding engagement.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to curve the front surface so that the effective inclination increases away from the longitudinal axis because Reference 5 teaches that progressively changing deflecting-plate geometry improves controlled deflection and load distribution in the rail-vehicle context. Applying that known geometry to the claim-14 deflector plate is a predictable refinement.
Claim 16
The coupler according to claim 14, wherein the front surface of the deflector plate comprises a top portion that is located above a rear joint portion.
Analysis
Reference 5 teaches that main plate portion 13 has an upper end region associated with upper sub plate portion 14. This upper region is plainly a top portion of the plate structure. When that known plate geometry is applied to the plate/holder arrangement of claim 14 positioned adjacent the rear-side joint region of the Reference 1 coupler, the upper region of the plate necessarily lies above the rear joint portion.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide a top portion above the rear joint portion because Reference 5 teaches plate geometry with an upper region and upper sub plate portion, and placing a portion of the plate above the joint predictably increases shielding and contact-control above the joint region.
Claim 17
The coupler according to claim 16, wherein the front surface of the deflector plate comprises a side portion that is located aside the rear joint portion.
Analysis
Reference 5 teaches side portions 13b of main plate portion 13 and middle sub plate portions 16 and 17 at the vertically middle portion of the main plate. These teachings disclose side/lateral portions of the deflecting plate structure. When applied to the claim-14 arrangement adjacent the rear joint portion, those side portions are located laterally beside the rear joint portion.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide a side portion beside the rear joint portion because Reference 5 teaches side regions of a deflecting plate, and extending the plate laterally beside the joint predictably broadens the contact and guidance zone during coupler-to-coupler engagement.
Claim 18
The coupler according to claim 14, wherein the front surface of the deflector plate comprises a bottom portion that is located below a rear joint portion.
Analysis
Reference 5 teaches lower sub plate portion 15 provided at the lower end portion of main plate portion 13. This is a bottom portion of the plate structure. When applied to the claim-14 arrangement adjacent the rear joint portion of the articulated coupler, that lower region is located below the rear joint portion.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide a bottom portion below the rear joint portion because Reference 5 teaches a lower plate region, and extending the deflector plate below the joint predictably improves the vertical extent of protection and contact control.
Claim 19
The coupler according to claim 18, wherein the front surface of the deflector plate comprises a side portion that is located aside the rear joint portion.
Analysis
For the reasons set forth above with respect to claims 17 and 18, Reference 5 teaches both a lower region and side regions of the plate structure. Thus, when adapted to the claim-14 plate, the resulting plate includes both a bottom portion below the rear joint portion and a side portion located beside the rear joint portion.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide both bottom and side portions because Reference 5 teaches both lower and side regions in a single rail-vehicle deflecting plate, and combining those known regions on the claim-14 plate predictably enlarges the guidance and shielding envelope around the joint area.
Claim 20
The coupler according to claim 17, wherein the front surface of the deflector plate comprises a bottom portion that is located below the rear joint portion.
Analysis
Reference 5 teaches upper, lower, and middle/side plate regions in a single plate structure. Thus, once the top portion and side portion of claim 17 are present, adding the bottom portion is directly suggested by the same Reference 5 plate geometry.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to add the bottom portion to the already-present top and side portions because Reference 5 teaches an integrated plate geometry with upper, lower, and middle/side regions, and extending the plate across those regions predictably improves the ability to guide or shield contact over a larger vertical area.
Claim 21
The coupler according to claim 20, wherein the front surface of the deflector plate is smooth.
Analysis
Reference 5 teaches that the gradually increasing regions 14b and 15b are smoothly continuous with the front constant regions 14a and 15a. Reference 5 therefore teaches a smooth, continuous plate surface geometry rather than an abrupt stepped or jagged interface. Applying that known smooth continuity to the front surface of the claim-20 deflector plate renders this limitation obvious.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide a smooth front surface because Reference 5 teaches smoothly continuous transitions in a rail-vehicle deflecting plate, and a smooth surface predictably improves sliding engagement and controlled deflection during contact.
Rejection IV
Claim 29 is rejected under 35 U.S.C. § 103 as being unpatentable over Reference 1 in view of Reference 2 and further in view of Reference 3.
Claim 29
The coupler according to claim 13, wherein the front surface of the deflector plate is arranged to slide along a front surface of another coupler when it comes into contact with it to cause deflection of the coupler in a pivoted position.
Analysis
Claim 29 depends from claim 13 and includes all limitations of claim 13, which are met by References 1, 2, and 3 as set forth above.
The additional limitation is that the front surface of the deflector plate is arranged to slide along a front surface of another coupler when it comes into contact with it to cause deflection of the coupler in a pivoted position.
Reference 3 directly teaches this functionality. Reference 3 teaches that in pivotally mounted couplers the contact between abutment 26 of one coupler and abutment 32 of the opposing coupler occurs on the side of line Y-Y joining pivots 38 and 39 and “will cause the couplers to rotate and slide on each other in a direction that will straighten them out.” Thus, Reference 3 expressly teaches front-contact surfaces on pivoted couplers sliding on each other to cause deflection/rotation of the couplers.
Reference 2 provides the holder/plate structure carried on the coupler shank/mounting-arm region, while Reference 3 teaches exactly the sliding, pivoted-coupler contact behavior. Therefore, when the Reference 2 plate/front wall structure is adapted to the articulated coupler of Reference 1 and shaped/used according to Reference 3, the resulting front surface is arranged to slide along the front surface of another coupler and thereby cause sideward deflection of the pivoted coupler.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to configure the plate/front surface to slide along a mating coupler surface because Reference 3 expressly teaches that sliding contact between laterally offset contact surfaces of pivoted couplers causes the couplers to rotate and straighten. Applying that known sliding-contact principle to the holder-mounted plate of Reference 2 on the articulated coupler of Reference 1 is a predictable way to achieve sideward deflection and avoid direct interference between pivoted couplers.
Response to Arguments
Applicant’s arguments with respect to claim(s) 13-29 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments have been fully considered but are not persuasive.
Applicant’s prior arguments directed to Hans and Wolfe are not persuasive with respect to the present rejections because Hans and Wolfe are not relied upon in the present ground of rejection.
Applicant argues that the amended independent claims now require: (1) a deflector plate arranged on a deflector plate holder on the mounting arm; and (2) the deflector plate is arranged to deflect the coupler sidewards in a pivoted position when it comes into contact with another coupler.
Those arguments have been considered and are not persuasive because the presently applied combination teaches those features.
Reference 1 teaches the articulated railway coupler architecture, including a front shaft part, a rear shaft part, and a connecting bolt that permits relative pivoting of the front shaft part and rear shaft part. Reference 2 teaches a holder/frame carried by the coupler shank by means of a collar and having a front wall/projection for diverting the blow of a mating coupler. Reference 3 teaches pivotally mounted couplers in which contact between laterally offset contact surfaces occurs on the side of the pivot line and causes the couplers to rotate and slide to straighten. Accordingly, the present combination teaches both a holder/plate arrangement on the mounting-arm region and sideward deflection of a pivoted coupler when it contacts another coupler.
To the extent Applicant contends that “sidewards” requires the plate itself to be independently laterally movable, that argument is not persuasive. The claim requires that the coupler be deflected sidewards. In an articulated coupler of the type taught by Reference 1, when a contact surface on the mounting-arm region receives a lateral force component from a mating coupler, the coupler itself swings sideward about its pivot anchor/joint structure. That is the claimed result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON C SMITH whose telephone number is (703)756-4641. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 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, Joseph Morano can be reached at (571) 272-6684. 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.
/Jason C Smith/ Primary Examiner, Art Unit 3613