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
This is the first non-final office action on the merits. Claims 1-15 are currently pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. ATA50786/2020, filed on 09/16/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/02/2023 has been received and considered by the examiner.
Drawings
The drawings are accepted.
Claim Objections
Claim 11 is objected to because of the following informalities: Claim 11 recites the term “wherein” twice in lines 2-3. It appears there should only be one recitation. Appropriate correction is required.
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) 1-5, 8-11__ is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganz (US 20190032282 A1), in view of Theurer (EP0564433A1, provided with translation).
Regarding claim 1, Ganz teaches (Fig. 1-3): A track maintenance machine (tamping machine 10) for tamping sleepers (crossties) installed on a ballast bed of a track (12)(para. 0022), comprising a machine frame (28) movable on rail-based running gears (undercarriages 30)(Fig. 1), track lifting and lining units for correcting the track geometry (adjustable in terms of height independently of one another; para. 0002 and 0009, lines 6-9; Fig. 2-3) as well as two 1-sleeper tamping units (tamping units 34, 38) arranged one behind the other in the direction of the longitudinal axis of the machine (10) that work independently of one another (Fig. 1-2; para. 0029), with each tamping unit (34, 38) comprising at least four tamping unit segments (four tamping units 34 and four tamping units 38; para. 0023, lines 1-8) that work independently of one another, adjustable in height via vertical drives (vertically adjustable; Fig. 2-3)(para. 0029) and horizontally shiftable in the transverse direction of the machine via transverse drives (para. 0002, lines 5-6 and para. 0042), with each tamping unit segment (34, 38) comprising at least one tamping tool carrier (carriers for tamping tools 40, 42; Fig. 2-3), with opposing tamping tools (tamping tools 40, 42) being mounted on the tamping tool carrier and coupled via a vibration drive (drive motor 76, 78 for oscillating tamping movement; para. 0029; Fig. 2), wherein one of the two tamping units (tamping units 34 of the first row 32) is designed as a turnout tamping unit (for use in sections of track that include a switch; para. 0040-0043), and that the other tamping unit (tamping unit 38) is designed as a plain-line tamping unit in such a way that the associated tamping unit segments (four tamping units 38) are transversely shiftably mounted and can be positioned with only one shifting unit (para. 0002, lines 5-9 and para. 0042).
Ganz teaches: each tamping unit (34, 38) comprises at least four tamping unit segments (para. 0023, lines 1-8) that work independently of one another (para. 0029), wherein the tamping units are horizontally shiftable in the transverse direction of the machine via transverse drives (para. 0002, lines 5-6 and para. 0042), but does not teach that by means of the shifting unit consisting of three transverse guiding units that work independently of one another the associated tamping unit segments are transversely shiftably mounted and can be positioned outwards with respect to the longitudinal axis of the machine in relation to the machine frame or in relation to a satellite frame movable along the longitudinal axis of the machine.
However, Theurer teaches an alternate tamping machine, wherein (Fig. 1 and 7): by means of a shifting unit (13, 35, 37) consisting of three transverse guiding units (transverse guides 13, auxiliary frame 35 guiding rotation of frame 34; and auxiliary guide 37; Fig. 7) that work independently of one another (para. 0032), the associated tamping unit segments (tamping units 3) are transversely shiftably mounted and can be positioned outwards with respect to the longitudinal axis of the machine in relation to the machine frame (machine frame 36)(Fig. 7).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for Ganz configure the transverse shifting mechanism as three transverse guiding units that work independently of one another, as disclosed by Theurer, with a reasonable expectation of success because it would “significantly increase the lateral displacement range of the four tamping units” (Theurer, para. 0032, lines 6-8), providing more flexibility for tamping sleepers further spaced apart in a turnout.
Regarding claim 2, Ganz and Theurer teach the elements of claim 1, as stated above. The combination of Ganz and Theurer further teaches through Theurer (Fig. 1 and 7): the tamping unit segments (3) of the turnout tamping unit (Fig. 7) are transversely shiftable on first transverse guides of a first transverse guiding unit (transverse guides 13)(para. 0032, lines 1-2), that the first transverse guiding unit (13) is transversely shiftable on second transverse guides of a second transverse guiding unit (auxiliary frame 35)(para. 0032, lines 2-4), and that the second transverse guiding unit (35) is transversely shiftable on third transverse guides of a third transverse guiding unit (auxiliary guides 37)(par. 0032, lines 4-6) in relation to the machine frame (36)(Fig. 7).
Regarding claim 3, Ganz and Theurer teach the elements of claim 1, as stated above. Ganz further teaches (Fig. 1-3): the front tamping unit (tamping units 34 of the first row 32), as seen in the direction of work (100)(Fig. 3), is designed as a turnout tamping unit (para. 0049).
Regarding claim 4, Ganz and Theurer teach the elements of claim 1, as stated above. Ganz further teaches (Fig. 1-3): both tamping units (34, 38) are arranged one behind the other in the direction of the longitudinal axis of the machine (Fig. 2-3) and that all tamping tools (40, 42) arranged one behind the other are approximately the same distance to each other in a neutral penetration position (Fig. 2).
Regarding claim 5, Ganz and Theurer teach the elements of claim 1, as stated above. Ganz further teaches (Fig. 1-3): the second tamping unit (38), not designed as a turnout tamping unit (para. 0036), is shiftably mounted in the direction of the longitudinal axis of the machine (10) by means of a longitudinal shifting unit (claim 24; Fig. 1).
Regarding claim 8: Ganz and Theurer teach the elements of claim 1, as stated above. Ganz further teaches (Fig. 1-3): the tamping tools (40, 42) of at least one tamping unit (34, 38) are swivelably mounted about an axis (pivot axis 52) running approximately in the direction of the longitudinal axis (100) of the machine (machine frame 28) and can be positioned by means of swivel drives (para. 0024, lines 12-17).
Regarding claim 9: Ganz and Theurer teach the elements of claim 1, as stated above. Ganz further teaches (Fig. 1-3): the two tamping units (34, 38) assembled modularly as well as symmetrically with respect to the kinematic and geometric arrangement and/or bearing of the tamping tools (34, 38) in relation to their respective tamping axes (Fig. 1-3).
Regarding claim 10: Ganz and Theurer teach the elements of claim 1, as stated above. Ganz further teaches (Fig. 1-3): the tamping tools (40, 42) of at least one tamping unit (34, 38) can be adjusted independently of one another in their inclination before lowering into the ballast bed by means of targeted actuation of the squeezing drives (drive shafts 80, 82)(para. 0029 and 0042-0043).
Regarding claim 11: Ganz and Theurer teach the elements of claim 1, as stated above. Ganz further teaches (Fig. 1-4): A method for tamping a track with a machine according to claim 1 (see claim 1 rejection above), wherein the tamping unit segments of the turnout tamping unit (34) and the tamping unit segments of the plain-line tamping unit (38) are positioned in the transverse direction of the machine (10) in a coordinated manner by means of associated transverse drives (drive shafts 80, 82)(para. 0029), wherein all transverse drives are actuated by means of shared control equipment (electronic circuit 90; para. 0032 and Fig. 4).
Regarding the instant claimed steps of method claim 12, note that the operation of the prior structure inherently requires the method steps as claimed (See rejection of claim 2 above).
Regarding the instant claimed steps of method claim 13, note that the operation of the prior structure inherently requires the method steps as claimed (See rejection of claim 1 above). Ganz further teaches (Fig. 1-4): two sleepers are tamped simultaneously (para. 0016). Theurer (EP 0564433 A1) further teaches: in the event of an obstacle in the track area, tamping unit segments positioned above the obstacle in each case are not lowered (para. 0031).
Regarding the instant claimed steps of method claim 14, note that the operation of the prior structure inherently requires the method steps as claimed (See rejection of claim 1 above). Theurer (EP 0564433 A1) further teaches: in the event of an obstacle in the track area, tamping unit segments positioned above the obstacle in each case are not lowered (para. 0031).
Regarding the instant claimed steps of method claim 15, note that the operation of the prior structure inherently requires the method steps as claimed (See rejection of claims 1-3 above). Theurer (EP 0564433 A1) further teaches: in the event of an obstacle in the track area, tamping unit segments positioned above the obstacle in each case are not lowered (para. 0031).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganz (US 20190032282 A1), in view of Theurer (EP0564433A1, provided with translation) and Theurer (US 4905604 A, known hereinafter as Theurer ‘604).
Regarding claim 7: Ganz and Theurer teach the elements of claim 1, as stated above. Ganz further teaches (Fig. 1-3): track lifting and lining units for correcting the track geometry (adjustable in terms of height independently of one another; para. 0002 and 0009, lines 6-9; Fig. 2-3), but does not explicitly teach a 3rd rail lifting unit is arranged on the machine frame and that the distance between the lifting point of the track lifting and lining unit and the tamping axis of the plain-line tamping unit is approximately the same as the distance between the lifting point of the 3rd rail lifting unit and the tamping axis of the turnout tamping unit.
However, Theurer ‘604 teaches an alternate switch tamping machine, wherein (Fig. 1-3): a 3rd rail lifting unit (auxiliary lifting device 20 with hoists 30) is arranged on a machine frame (Fig. 3), and that the distance between a lifting point of the track lifting and lining unit (leveling and lining tool carrier 17)(Fig. 1) and the tamping axis of a plain-line tamping unit (tamping head 15) is approximately the same as the distance between the lifting point of the 3rd rail lifting unit (20) and the tamping axis of the turnout tamping unit (auxiliary tamping head 16)(Fig. 1).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for Ganz to include an auxiliary rail lifting unit for lifting the turnout track with a distance to the turnout tamping unit that is approximately the same as the distance between the main lifting unit and the main tamping unit, as disclosed by Theurer ‘604, with a reasonable expectation of success because both the main track and the turnout tracks need to be separately lifted before the tamping operation, for the tamping units to have efficient and effective operation.
Allowable Subject Matter
Claim 6 is 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 claims and if all claim objections are overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the prior art fails to teach: mechanical devices serving as tipping prevention are attached on both outer track sides of the machine on at least one rail-based running gear each, with the devices being swivelable about an axis of rotation and having tilting rolling bodies engaging around a rail head. While another reference Theurer (US 4905604 A) teaches an alternate switch tamping machine having support cylinders 21 that may be interpreted as mechanical devices for tipping prevention (col. 4, lines 61-66; Fig. 1), the examiner finds no obvious reason to modify Theurer’s anti-tipping cylinders to be swivelable about an axis of rotation and have tilting rolling bodies engaging around a rail head. Such a modification would require improper hindsight reasoning and modifications to a modifying reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of rail tamping assemblies with transverse shifting movement: US-4369712-A, US-5007350-A, US-5007349-A, US-5127334-A, US-5343810-A, US-5515788-A, US-5862759-A, US-7383777-B2, US-10106934-B2, US-11179750-B2, DE-4313300-A1, DE-29622255-U1, CZ-355596-A3, WO-2016054667-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG XI LIN whose telephone number is (571)272-6102. The examiner can normally be reached Mon. through Fri. 9:00am to 6:00pm EST.
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/CHENG LIN/Examiner, Art Unit 3615