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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 4 and 9-10 is rejected under 35 U.S.C. 101. Claim 1 is directed to neither a “process” nor a “machine”, but rather embraces or overlaps two different statutory classes of invention set forth in 35 USC 101. As required by 35 USC 101, different statutory classes of invention must be set forth in the alternative only.
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.
Claims 1, 4, 9-10 are 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 1 is directed to neither a “process” nor a “machine” and instead makes attempts to claim the limitations of both. The examiner is interpreting the method steps as being functional limitations and the apparatus will only need to be capable of performing the functions. Appropriate correction required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as over Naumann US11338369 and Naumann CN101125370 incorporated by reference col 1, line 62 in view of Naumann CN101125370 (Naumann CN).
Regarding claim 1, Naumann discloses an all-electric fixed underfloor wheel sets lathe (Naumann US; 1’; fig 4B), comprising: a frame (Naumann US; 3A/3B; fig 3B), two rails (Naumann US; 4A/4B/4C; fig 4B) provided on the frame, two lathe tools (Naumann US; A labeled on annotated figure below with a matching one on the other side; fig 4B) provided on the frame and two sets of wheel driving devices provided on the frame (Naumann US; 9; fig 4B), wherein each set of the two sets of wheel driving devices comprises leveling brackets (Naumann US; part of 12; fig 4B), drive assemblies (Naumann US; 10 and 11 supported by 15; fig 4B) provided on the leveling brackets, lifting assemblies (Naumann US; 24 connected to 12 through 14; fig 5) provided on the leveling brackets and leveling assemblies provided on the leveling brackets (Naumann US; hinge at 15; fig 3B), the lifting assemblies and the leveling assemblies are both fixedly connected to the frame (Naumann US; 15 connected to 3 through 2 and 24 connected to 3 directly; fig 3B and 5), the drive assemblies are configured for driving wheels to rotate (Naumann US; 9 drives 11 through 10; fig 4B), and the lifting assemblies are configured for lifting the leveling brackets (Naumann US; 24 configured to lift 12; fig 5).
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wherein each of the lifting assemblies comprises a lifting frame (Naumann US; 23; fig 5) and a drive structure (Naumann US; 24 through 25 through 23 through 14; fig 5) for driving the lifting frame, wherein the drive structure is fixedly connected to the frame (Naumann US; 14; fig 4B), and the lifting frame is hinged to a leveling bracket of the leveling brackets (Naumann US; part of 12 connected to 14 through 25; fig 5).
wherein the drive structure comprises a fixed housing (Naumann US; 3A and 3B; fig 3B), a drive rod having one end slidably connected in the fixed housing (Naumann US; 14; fig 3B), a first ball screw (Naumann US; 25 connected to 23; fig 5) rotatable in the fixed housing and a servo motor (Naumann US; 24; fig 4B) fixedly connected to the fixed housing, wherein the servo motor is in transmission connection with a screw of the first ball screw, a nut of the first ball screw is fixedly connected to the drive rod which is fixedly connected to the lifting frame (Naumann US; 23; fig 5), and the fixed housing is fixedly connected to the frame (Naumann US; 3A is part of 3; fig 5).
wherein each of the leveling assemblies comprises a leveling housing (Naumann US; X on annotated figure below; fig 3B), a leveling rod (Naumann US; Y at annotated figure below; fig 3B) having one end slidably connected in the leveling housing, a second ball screw rotatably connected in the leveling housing (Naumann US; inside X in annotated figure; below fig 3B) and a hand-held rod fixedly connected to the second ball screw (Naumann US; Z of annotated figure below; fig 3B), a nut of the second ball screw is fixedly connected to the leveling rod, the leveling rod is hinged to one of the leveling brackets (Naumann US; 15 hinged to 12 at Y in annotated figure below; fig 3B), and the leveling housing is fixedly
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connected to the frame (Naumann US; 15 connected to frame 3 by 2; fig 3B).
further comprising two sets of wheel axial limiting devices (Naumann US; 19; fig 4B), wherein the two sets of wheel axial limiting devices respectively abut against inner sides of two wheels, and the two sets of wheel axial limiting devices are configured for limiting the two wheels in an axial direction of the two wheels (Naumann US; described in col 6 lines 45-60).
wherein each of the two sets of the wheel axial limiting devices comprises device bodies (Naumann US; body at 19; fig 4B), limiting rods (Naumann US; rod connected to 19; fig 4B) having one end slidably connected in the device bodies, limiting pulleys (Naumann US; wheels at 19; fig 4B) rotatably connected to the limiting rods, and pushing assemblies (Naumann US; part of 18; fig 4B) configured for pushing the limiting rods to slide; the limiting pulleys are provided with limiting grooves abutting against rims of the two wheels (Naumann US; on wheels 19 (CN101125370 incorporated in col 1, line 62; Naumann CN teaches grooves at 31; fig 10; section [0032]); fig 4B); and the device bodies are fixedly connected to the frame (Naumann US; 19 connected to 2 through 18; fig 4B).
an implementation method of the all-electric fixed underfloor wheel sets lathe comprises:
when repairing the wheel using the all-electric fixed underfloor wheel sets lathe, the wheel is first moved onto the two rails (Naumann US; 4A/4B/4C; fig 4B) of the all-electric fixed underfloor wheel sets lathe, the servo motor (Naumann US; 9; fig 4B) is started, the drive rod drives the lifting frame (Naumann US; 10 and 11 supported by 15; fig 4B), the lifting frame (Naumann US; 24 connected to 12 through 14; fig 5) rotates relative to the leveling bracket (Naumann US; part of 12; fig 4B) and leveling bracket is lifted, the two friction driving pulleys abut against the wheel and lift the wheel off from the two rails, rotating the hand-held rod, so that the leveling rod drives the leveling bracket, the leveling bracket is gradually in a horizontal state to ensure a contact area between the two friction driving pulleys and the wheel, and starting the first drive motor again, so that the limiting rods drive the limiting pulleys toward the wheel, the limiting grooves abut against the rims of the wheel, the two second drive motors are started to drive the two friction driving pulleys to drive the wheel to rotate (Naumann US; 9 drives 11 through 10; fig 4B), and the two lathe tools repair the wheel (Naumann US; A labeled on annotated figure above with a matching one on the other side; fig 4B). All components required by the method are included though specific method steps are not performed in the order listed by applicant above meaning that the devices cited above are capable of the method thus meeting the limitations.
Naumann US does not explicitly disclose each of the pushing assemblies comprises a third ball screw and a first drive motor, wherein the first drive motor is in transmission connection with a screw of the third ball screw, a nut of the third ball screw is fixedly connected to one of the limiting rods, and the first drive motor is fixedly connected to one of the device bodies.
Naumann CN teaches each of the pushing assemblies comprises a third ball screw (Naumann CN; 3 on annotated figure below; fig 9) and a first drive motor (Naumann CN; 1 on annotated figure below; fig 9), wherein the first drive motor is in transmission connection with a screw of the third ball screw, a nut of the third ball screw is fixedly connected to one of the limiting rods (Naumann CN; 2 on annotated figure below; fig 9), and the first drive motor is fixedly connected to one of the device bodies (Naumann CN; drive motor connected to 29; fig 9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Naumann US to include the axial guide mechanism of Naumann CN which Naumann CN uses to provide a well-known means to better position and support the workpiece on the machine.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naumann US11338369 in view of Sakai US20100251863.
Regarding claim 4, Naumann discloses the all-electric fixed underfloor wheel sets lathe according to claim 3.
Naumann does not explicitly disclose the all-electric fixed underfloor wheel sets lathe further comprising a pressure sensor, by which the drive rod is fixedly connected to the lifting frame.
Sakai teaches the all-electric fixed underfloor wheel sets lathe further comprising a pressure sensor, by which the drive rod is fixedly connected to the lifting frame (Sakai; pressure sensors as part of 11 and 12; fig 3; section [0079]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Naumann to include pressure sensors such as those of Sakai which are used by Sakai to determine that the workpiece is being acted upon correctly by the holders. Section [0079]
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naumann US11338369 (Naumann US) in view of Naumann CN101125370 (Naumann CN).
Regarding claim 9, Naumann US discloses the all-electric fixed underfloor wheel sets lathe according to claim 7.
Naumann US does not explicitly disclose wherein an outer sleeve of each of the limiting rods is provided with a guide sleeve having one end slidably connected to the one of the device bodies, and the guide sleeve moves with movement of the one of the limiting rods though Naumann CN is incorporated by reference in Naumann US (col 1, line 62).
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Naumann CN teaches wherein an outer sleeve (Naumann CN; 29; fig 9) of each of the limiting rods (Naumann CN; A on annotated figure below; fig 9) is provided with a guide sleeve (Naumann CN; B on annotated figure below; fig 9) having one end slidably connected to the one of the device bodies, and the guide sleeve moves with movement of the one of the limiting rods.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Naumann US to include the axial guide mechanisms of Naumann CN which Naumann CN uses to provide a well-known means to better support and adjust the positioning of the workpiece as stated in section [0032] of the provided translation.
Regarding claim 10, Naumann US discloses all-electric fixed underfloor wheel sets lathe according to claim 9.
Naumann US does not explicitly disclose wherein a limiting block for limiting movement of the guide sleeve is provided on the one of the device bodies. a rotation seat is hinged on the one of the limiting rods, one of the limiting pulleys is rotatably connected to the rotation seat having one end near the one of the limiting pulleys hinged with the guide sleeve.
Naumann CN teaches a limiting block (Naumann CN; C in annotated figure above; fig 9) for limiting movement of the guide sleeve is provided on the one of the device bodies, a rotation seat is hinged on the one of the limiting rods (Naumann CN; illustrated on fig 10 showing the hinged nature of 31; fig 10), one of the limiting pulleys is rotatably connected to the rotation seat having one end near the one of the limiting pulleys hinged with the guide sleeve (Naumann CN; 31 connected to 75; fig 10).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Naumann US to include the limiting block of Naumann CN which is used to prevent the guide sleeve from interfering with the operation of the guide wheels and the wheels hinged to more readily support the work pieces. Sections [0008], [0032] and [0039].
Response to Arguments
Applicant's arguments filed 09/11/2025 have been fully considered but they are not persuasive. Applicant’s argument that the rejections filed 06/13/2025 and restated above do not have the limitations for the method in the amended claim 1. All functional limitations of the method claimed are accounted for though not the specific method. All rejections are upheld as they relate to the apparatus claims.
Conclusion
THIS ACTION IS MADE FINAL. 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 DUSTIN J TRUJILLO whose telephone number is (703)756-4705. The examiner can normally be reached 7-5 M-Th.
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, Sunil Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.J.T./Examiner, Art Unit 3722
/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722
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