DETAILED ACTION
The Information Disclosure Statement filed on February 10, 2023 has been reviewed and considered by the Examiner.
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 § 112
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.
Claim 15 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 15 recites that the “prime movers includes a gaseous-fuel powered engines, such as a natural gas-powered engine, a bio-methane powered engine or a hydrogen powered fuels cell. The term “such as” does not aid in determining the type of gaseous fuel powered engine being utilized by the invention. It is unclear if the engines listed are examples or if one is specifically used in the locomotive. This leaves the claims vague and indefinite.
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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myers et al (US 2017/0145961).
Myers et al discloses a locomotive 10 comprised of a main deck 20 extending along a longitudinal axis and supporting one or more prime movers 60 configured to be powered by gaseous fuel. A first truck and a second truck 12 are axially spaced apart in the direction of the longitudinal axis, the first and second trucks supporting the main deck, as shown in figure 1 and a plurality of fuel compartments 24 are integrated into the main deck along the longitudinal axis. The fuel compartments are further comprised of supports 18 configured to support loads exerted on the main deck, and one or more storage wells, shown in figures 5A-5C, adapted to store one or more storage tanks for storing the gaseous fuel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00.
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/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
September 5, 2025