DETAILED ACTION
Claims 14, 16-31 are currently pending. Claims 14, 16-18, and 23-29 are rejected under new grounds. Claims 19-22 and new claims 30 and 31, depending therefrom, are allowed. A response to Applicant’s arguments can be found at the end of this Office action. Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL.
Claim Rejections - 35 USC § 102
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) 14, 16-18, and 23-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klein et al. (US 4,013,175).
Referring to Claim 14: Klein discloses a device for deflection of a coupler of a train vehicle, comprising:
a deflection arm (18) adapted to be connected to a coupler pivot anchor (13) (Fig. 1); and
a drive (21) connected to the deflection arm, wherein the drive is operative to rotate the deflection arm about the coupler pivot anchor (Col. 2, lines 37-41);
wherein the drive comprises two hydraulic or pneumatic cylinders (21) and each of the cylinders has a rod (20), wherein the two rods are arranged in parallel with each other (Fig. 1) (Col. 2, lines 31-36).
Referring to Claim 16: Klein discloses the device according to claim 14, wherein the drive (21) comprises a deflection arm end connected to the deflection arm (18), and a train vehicle side end adapted to be connected to a part of the train vehicle (25) (Fig. 1) (Col. 2, lines 31-36).
Referring to Claim 17: Klein discloses the device according to claim 14, wherein the deflection arm (18) comprises:
a drive end connected to the drive (21); and
a pivot anchor end (19) adapted for connection to a coupler pivot anchor (13) (Fig. 1) (Col. 2, lines 31-36).
Referring to Claim 18: Klein discloses the device according to claim 17, wherein the pivot anchor end (19) attaches to a pivot pin (13) of the coupler pivot anchor (Fig. 1) (Col. 2, lines 14-22 and 31-36).
Referring to Claim 23: Klein discloses a coupler for a train vehicle comprising:
a coupler pivot anchor (13); and
a device comprising:
a deflection arm (18) connected to the coupler pivot anchor (Col. 2, lines 31-36); and
a drive (21) connected to the deflection arm (Col. 2, lines 37-41);
wherein the drive (21) is operative to rotate the deflection arm (18) about the coupler pivot anchor (13); wherein the drive has two hydraulic or pneumatic cylinders (21) and each of the two cylinders has a rod (20), wherein the two rods are arranged in parallel with each other (Fig. 1) (Col. 2, lines 31-36).
Referring to Claim 24: Klein discloses the coupler according to claim 23, wherein said coupler further comprises:
a coupler rod (12);
wherein the coupler pivot anchor (13) includes a pivot pin that extends along a pivot axis, the coupler rod being connected to the pivot pin such that a rotation of the pivot pin around the pivot axis leads to the coupler rod swiveling about the pivot axis (Fig. 1) (Col. 2, lines 14-22).
Referring to Claim 25: Klein discloses the coupler according to claim 24, wherein the coupler pivot anchor (13) further comprises a cage (25) having an opening; wherein the pivot pin (13) is fixedly attached to the cage; wherein the coupler rod (12, 23) extends through the opening of the cage, and wherein elastic elements (22) are arranged inside the cage (Fig. 3), the elastic elements resting against an inside wall of the cage and resting against an outer circumferential surface of the coupler rod (23) (Fig. 3) (Col. 2, lines 57-64).
Referring to Claim 26: Klein discloses a car of a multi-car vehicle, the car comprising:
a coupler comprising:
a coupler pivot anchor (13);
a coupler rod (12); and
a device comprising:
a deflection arm (18) connected to the coupler pivot anchor (Fig. 1); and
a drive (21) connected to the deflection arm, wherein the drive is operative to rotate the deflection arm about the coupler pivot anchor (Col. 2, lines 37-41);
wherein the drive has two hydraulic or pneumatic cylinders and each of the two cylinders has a rod (20), wherein the two rods are arranged in parallel with each other (Fig. 1) (Col. 2, lines 31-36).
Referring to Claim 27: Klein discloses the car of claim 26, wherein the coupler further comprises a coupler head (11), said coupler head attached to the coupler rod (12), wherein said coupler head is deflectable by said device for aligning with a coupler head of another car (Fig. 1) (Col. 2, lines 14-22).
Referring to Claim 28: Klein discloses a method for coupling a first car of a multi-car vehicle with a second car of a multi-car vehicle (Col. 1, lines 6-12), wherein: the first car includes a first car coupler having a first car coupler head; and the second car includes a second car coupler having a second car coupler head; and wherein in a first position the coupler head of the first car is misaligned with the coupler head of the second car (Col. 1, lines 13-20), the method comprising:
connecting a deflection arm (18) of a device to a coupler pivot anchor (13) of the first car coupler (Fig. 1);
connecting a drive (21) to the deflection arm, wherein the drive has two hydraulic or pneumatic cylinders (Col. 2, lines 37-41) and the deflection arm end and each of the two cylinders has a rod (20), wherein the two rods are arranged in parallel with each other (Fig. 1) (Col. 2, lines 31-36);
driving the drive (21) to rotate the deflection arm (18) about the coupler pivot anchor (13) to bring the first car coupler head (11) into alignment with the coupler head of the second car (Fig. 1) (Col. 2, lines 31-45).
Referring to Claim 29: Klein discloses the method of claim 28, further comprising:
providing the coupler pivot anchor (13) with a pivot pin that extends along a pivot axis (Fig. 1) (Col. 2, lines 14-22);
attaching a pivot anchor end (19) of the deflection arm (18) to the pivot pin of the coupler pivot anchor (Fig. 1) (Col. 2, lines 31-36);
fixedly attaching the pivot pin to a cage (see unlabeled circular structure in annotated Fig. 1 below) of the coupler pivot anchor (13);
disposing a coupler rod (12) within the cage (Fig. 1) (Col. 2, lines 31-36);
wherein driving the drive (21) to rotate the deflection arm (18) about the coupler pivot anchor (13) turns the pivot pin and the cage about the pivot axis, thereby causing the coupler rod to swivel about the pivot axis (Col. 2, lines 37-41).
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Allowable Subject Matter
Claims 19-22, 30 and 31 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art fails to teach the combination of limitations recited in amended independent claims 19. The subject matter of claim 19 was previously explained as allowable in the Non-Final Rejection filed 11/25/2025 (pages 8-9).
Response to Arguments
Applicant argues that the previous rejection citing Sprave (US 2005/0121404 A1) and Peckham et al. (US 2014/0284297 A1) fails to teach the claims as amended, and more specifically, fails to teach that “the drive comprises two hydraulic or pneumatic cylinders and each of the cylinders has a rod, wherein the two rods are arranged in parallel with each other,” as recited in claim 14 and similarly recited in amended independent claims 23, 26, and 28. Examiner agrees and has withdrawn the previous rejection in favor of the rejection above citing Klein (see the parallel hydraulic/pneumatic cylinders 21 of Klein as shown in Fig. 1). Examiner notes, when comparing Fig. 1 of Klein with Fig. 9 of the instant invention, Klein fails to teach rods extending from the parallel cylinders in opposing longitudinal directions, i.e., an amendment definitively reciting this feature may overcome the current anticipatory rejection citing Klein.
Conclusion
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 ZACHARY L KUHFUSS whose telephone number is (571)270-7858. The examiner can normally be reached Monday - Friday 10:00am to 6:00 pm CDT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached on (571)272-6682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY L KUHFUSS/Primary Examiner, Art Unit 3615A
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