DETAILED ACTION
The Information Disclosure Statements file don March 2, 2023 and July 11, 2024 have both 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 is 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 “insert and outer shell characterized to provide a spike pull-out force threshold greater than 1900 pounds, measured according to AMERICAN RAILWAY ENGINEERING AND MAINTENANCE-OF-WAY ASSOCIATION (AREMA) standard.”
It is unclear as to how the pull-out force is determined when based on an industry standard. Industry standards are subject to change over time in light of further innovation in the industry and the claim can not reliably be based on the standard. 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, 8, 9, 11, 12, 14 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Collins et al (US 4,113,177).
Collins et al discloses a railway tie and method of constructing, comprised of an outer shell 2 having an inner surface, as shown in figure 1, and defining a shell void in the outer shell. A void material, in the form of sand 15 fills the shell void. An insert, located in the shell void, that spans from a first side of the outer shell to a second side of the outer shell and reinforces the outer shell against force applied to one or both of the first side and the second side. The insert is further comprised of an insert-shell component 9 and a conduit component 10 located in the insert-shell component, the conduit component sized and shaped to receive a railway fastener 5 and being spaced to set beneath the rail plates. The conduit component comprising a plurality of conduit components, each positioned according to a respective location of a baseplate aperture of a plurality of baseplate apertures defined by a baseplate that is used to secure a rail to the railway tie, as shown in figure 2 and 3. End caps 12 are set at each end of the tie as shown in figures 1. The conduit component is comprised of a different material than the insert-shell component, in this case being wood. The fastener insert comprising a plurality of fastener inserts spaced such that a first of the plurality of inserts align with a first rail of a railway and a second of the plurality of inserts aligns with a second railway of the railway when the railway tie is installed under the first and second rails. Figures 2 and 3 further show knurled inserts for the fasteners.
Claim Rejections - 35 USC § 103
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins et al (US 4,113,177) in view of Johnson (US 5,597,629).
Collins et al discloses the railway tie as described above. However, Collins et al does not show the insert components to be a pultruded beam cutaway. Johnson discloses a pultruded woven fabric. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied a pultruded material, like that of Johnson, to a railway tie insert, like that of Collins et al, with the expected result of providing an insert of increased strength and more efficient material and construction for the components.
Claim(s) 3-7, 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins et al (US 4,113,177) in view of Lane (US 2007/0040293).
Collins et al discloses the railway tie as described above. However, Collins et al does not show an insert material of foam with the insert components of the railway tie. Lane discloses a railway tie with a foam core supporting the exterior shell and rails. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied a foam core, like that of Lane, to a railway tie, like that of Collins et al, with the expected result of increasing the strength and stability of the tie when enduring forces of passing trains.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins et al (US 4,113,177) in view of Rosen (US 3,163,872).
Collins et al discloses the railway tie as described above. However, Collins et al does not show the conduit component being made of steel. Rosen discloses a steel threaded lock. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied a steel material, like that of Rosen, to a conduit component on a railway tie, like that of Collins et al, with the expected result of increasing the strength and stability of the tie when enduring forces of passing trains.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins et al (US 4,113,177).
Collins et al discloses the railway tie as described above. However, Collins et al does not show the spike pull-out force to be greater than 1900 pounds. It would have been an obvious design choice to one of ordinary skill in the art, before the effective filing date of the claimed invention, to choose a spike pull-out force of greater than 1900 pounds with the expected result of ensuring the spikes do not accidently dislodge from the railway tie.
Conclusion
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/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
July 23, 2025