DETAILED ACTION
The instant application having Application Number: 18/175,615 filed on 2/28/23 has a total of 21 claims pending for examination; there is/are 1 independent claims and 20 dependent claims, all of which are examined below.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in EPO on 3/1/22. It is noted, however, that applicant has not filed a certified copy of the EPO 22159524.2 application as required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement(s) has been reviewed by the examiner and is found to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609.
Drawings
The drawings are objected to because some of the drawings such as figs 1-9 don’t have satisfactory reproduction characteristics. See MPEP 608.02 V referencing 37 CFR 1.84 section (l):
(l) Character of lines, numbers, and letters. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Appropriate correction is required.
Claim Objections
Claim 8 is objected to because of the following informalities:
The claim appears to improperly introduce at least a second instance of a vehicle by reciting “the vehicles” in line 3. The claim should be amended to properly introduce said at least second instance of a vehicle since only a single vehicle had been previously introduced at this point within the claim dependency.
Appropriate correction is required.
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 14 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 pre-AIA the applicant regards as the invention.
With regards to claim 14, the term “and/or” renders the claim indefinite since it’s not clear if to interpret it as all inclusive or in the alternate form.
Due to the vagueness and a lack of clear definiteness in the claims, the claims have been treated on their merits as best understood by the examiner.
Claim Rejections - 35 USC § 102
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 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) 1-3, 6-8, 15 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN-112061173-A to Zhou et al. (hereinafter Zhou) with corresponding machine translation.
With regards to claim 1, Zhou teaches a work platform [figs 1-4 elements 204, 202] for working on a roof area of a vehicle [fig 1 roof of “railway vehicles” elements], particularly on a roof area of an electrified vehicle [fig 1 roof of “railway vehicles” elements], comprising at least one platform [figs 1-4 element 204, 202], the at least one platform [figs 1-4 element 204, 202]
having at least one first platform element [figs 1-4 element 204], which forms a work plane [figs 1-4 horizontal axis across element 204], and a longitudinal extent [fig 2 element 204 shown running parallel to a railway vehicle track – having a longitudinal extent] with two mutually opposite long sides [figs 3-4 left side and right sides of each element 204 – See paragraph 9 below “Embodiment” section of machine translation], and
having at least one second platform element [figs 1-5 element 202], which is arranged along at least one of the long sides of the at least one first platform element [figs 1-5 element 202 is coupled to the long sides of elements 204] and can be transferred between two positions [figs 1-5 element 202 pivots between vertical and horizontal positions] with respect to the at least one first platform element [figs 1-4 element 204 - See paragraph 12 below “Embodiment” section of machine translation], wherein
the at least one second platform element [figs 1-5 element 202] forms a fall protection device in a first position [figs 1-5 element 202 in the vertical position] and a continuation of the work plane of the at least one first platform element [figs 1-4 element 204] in a second position [figs 1-5 element 202 in the horizontal position - See paragraph 12 below “Embodiment” section of machine translation].
With regards to claim 2, Zhou teaches the work platform according to claim 1, wherein the at least one second platform element is arranged in a pivotable manner [figs 1-5 element 202 pivots between vertical and horizontal positions] on the at least one first platform element [figs 1-4 element 204 - See paragraph 12 below “Embodiment” section of machine translation].
With regards to claim 3, Zhou teaches the work platform according to claim 1, wherein the at least one second platform element [figs 1-5 element 202] is constructed in a multipart manner [See paragraph 12 below “Embodiment” section of machine translation – platform element and servo rotating motor element], wherein one of the platform element parts [figs 1-5 element 202] can be transferred between two positions [figs 1-5 element 202 pivots between vertical and horizontal positions See paragraph 12 below “Embodiment” section of machine translation] with respect to a different platform element part [See paragraph 12 below “Embodiment” section of machine translation – servo rotating motor element may be set below the end part or at end of element 204].
With regards to claim 6, Zhou teaches the work platform according to claim 1, wherein a plurality of second platform elements are provided along at least one long side of the at least one first platform element [See paragraph 12 below “Embodiment” section of machine translation – “the turning plate 202 in the longitudinal direction can be a plurality of orderly set, also can be a continuously set one, and the same one turning plate 202 set of the rotating mechanism can be one, also can be multiple.”].
With regards to claim 7, Zhou teaches the work platform according to claim 1, wherein at least two first platform elements [see annotated figure below] are provided, which are spaced from one another with the formation of an accommodating region [see annotated figure below] for accommodating the vehicle [see annotated figure below] between the two first platform elements [see annotated figure below], wherein the second platform elements of the two first platform elements are respectively arranged on the long side of the same, which sides face one another [see annotated figure below].
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With regards to claim 8, Zhou teaches the work platform according to claim 7, wherein the first platform element [see annotated figure below], has at least one second platform element respectively on both of its long sides [see annotated figure below ] between two accommodating regions [see annotated figure below] for the vehicles [see annotated figure below] (OBJECT OR 112?), wherein each at least one second platform element on one long side of the first platform element can be transferred from the first position to the second position independently of the other at least one second platform element on the other long side of the first platform element [figs 1-5 element 202 pivots between vertical and horizontal positions - See paragraph 12 below “Embodiment” section of machine translation].
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With regards to claim 15, Zhou teaches a maintenance device for working on roof areas of vehicles, particularly on roof areas of electrified vehicles, comprising at least one work platform according to claim 1 [see claim 1 rejection above].
With regards to claim 18, Zhou teaches the work platform according to claim 6, wherein each of the second platform elements can be transferred between two positions independently of the other second platform elements [figs 1-5 element(s) 202 pivots between vertical and horizontal positions - See paragraph 12 below “Embodiment” section of machine translation].
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 112061173 A to Zhou et al. (hereinafter Zhou) with corresponding machine translation in view of US Patent No. 11,512,477 to Restivo (hereinafter Restivo).
With regards to claim 11, Zhou teaches all of the above but is silent as to the work platform according to claim 7, wherein at least one fall protection element is arranged on at least one of the second platform elements, wherein the at least one fall protection element can be transferred from a storage position to a safety position.
However, Restivo teaches at least one fall protection element [Restivo figs 2A-4B, 8A-8B, 12A - element 130] is arranged on at least one of the second platform elements [Restivo figs 2A-4B, 8A-8B, 12A - element 120], wherein the at least one fall protection element [Restivo figs 2A-4B, 8A-8B, 12A - element 130] can be transferred from a storage position to a safety position [Restivo figs 2A-4B, 8A-8B, 12A - element 130 when shown extended and when shown retracted] for the benefit of providing fall protection to maintenance workers while on platforms [Restivo column 1 lines 30-41, column 6 line 63 to column 7 line 2 and lines 19-32].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhou and Restivo to have at least one fall protection element [Restivo figs 2A-4B, 8A-8B, 12A - element 130] is arranged on at least one of the second platform elements [Restivo figs 2A-4B, 8A-8B, 12A - element 120], wherein the at least one fall protection element [Restivo figs 2A-4B, 8A-8B, 12A - element 130] can be transferred from a storage position to a safety position [Restivo figs 2A-4B, 8A-8B, 12A - element 130 when shown extended and when shown retracted] for the benefit of providing fall protection to maintenance workers while on platforms [Restivo column 1 lines 30-41, column 6 line 63 to column 7 line 2 and lines 19-32].
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 112061173 A to Zhou et al. (hereinafter Zhou) with corresponding machine translation in view of KR20170118404 to Won et al. (hereinafter Won).
With regards to claim 12, Zhou teaches all of the above but is silent as to the work platform according to claim 1, wherein a position detection device is provided for detecting the position of a vehicle in the work platform.
However, Won teaches a work platform having a position detection device [Won fig 3b] being provided for detecting the position of a vehicle [Won figs 1-2, 6 – railway train vehicle element] in the work platform [Won fig 3b – sensor element 23] for the benefit of preventing the work platform from colliding with the vehicle [Won fig 3b – see corresponding translation for fig 3b].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhou and Won to have a position detection device [Won fig 3b] being provided for detecting the position of a vehicle [Won figs 1-2, 6 – railway train vehicle element] in the work platform [Won fig 3b – sensor element 23] for the benefit of preventing the work platform from colliding with the vehicle [Won fig 3b – see corresponding translation for fig 3b].
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 112061173 A to Zhou et al. (hereinafter Zhou) with corresponding machine translation in view of US Patent Application Publication No. 20170305396 to Shiratsuchi (hereinafter Shiratsuchi).
With regards to claim 13, Zhou teaches all of the above but is silent as to the work platform according to claim 1, wherein a positioning device for positioning the vehicle is provided along the work platform.
However, Shiratsuchi teaches a train having a positioning device [Shiratsuchi fig 1 element 6] for positioning the vehicle [Shiratsuchi fig 1 element 1] is provided along the work platform [Shiratsuchi figs 1, 7 element “platform”] for the benefit of precisely stopping a vehicle at a target position so that it is properly aligned along a platform [Shiratsuchi abstract, paragraphs 2, 9, 10, 12].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhou and Shiratsuchi to have a positioning device [Shiratsuchi fig 1 element 6] for positioning the vehicle [Shiratsuchi fig 1 element 1] is provided along the work platform [Shiratsuchi figs 1, 7 element “platform”] for the benefit of precisely stopping a vehicle at a target position so that it is properly aligned along a platform [Shiratsuchi abstract, paragraphs 2, 9, 10, 12].
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 112061173 A to Zhou et al. (hereinafter Zhou) with corresponding machine translation in view of CN-108482424-A (hereinafter CN).
With regards to claim 14, Zhou teaches all of the above but is silent as to the work platform according to claim 1, wherein at least one work plane safety device is provided for detecting objects and people on the work plane, wherein the at least one work plane safety device preferably comprises a scanner, particularly preferably a rotary scanner and/or a thermal imaging camera as thermal scanner.
However, CN teaches a work platform according to claim 1, wherein at least one work plane safety device is provided for detecting objects and people on the work plane [CN - abstract], wherein the at least one work plane safety device preferably comprises a scanner [CN elements 3, 4], particularly preferably a rotary scanner and/or a thermal imaging camera as thermal scanner [CN – elements 3, 4] for the benefit of preventing railway accidents [CN - abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhou and CN to have at least one work plane safety device is provided for detecting objects and people on the work plane [CN - abstract], wherein the at least one work plane safety device preferably comprises a scanner [CN elements 3, 4], particularly preferably a rotary scanner and/or a thermal imaging camera as thermal scanner [CN – elements 3, 4] for the benefit of preventing railway accidents [CN - abstract].
With regards to claim 21, the combination of Zhou and CN teaches the work platform according to claim 14, wherein the at least one work plane safety device comprises a scanner [CN – elements 3, 4], combined under the same rationale as above.
Allowable Subject Matter
Claims 4-5, 9-10, 16-17 and 19-20 are 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 claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claim 4, the prior art of record alone or in combination fails to teach or fairly suggest wherein in the region of the free end of the at least one second platform element at least one distance bridging device is provided for at least partial bridging of a distance between the free end of the at least one second platform element and a vehicle located in the work platform, in combination with the other limitations found in the claim.
With regards to claims 5 and 16-17, due to their direct or indirect dependence from claim 4, they are indicated as including allowable subject matter for at least the same reasons.
With regards to claim 9, the prior art of record alone or in combination fails to teach or fairly suggest wherein at least two closing elements are provided as second platform elements on each first platform element, wherein the at least two closing elements are formed in the second position for end-face closure of the accommodating region, in combination with the other limitations found in the claim.
With regards to claims 10 and 19-20, due to their direct or indirect dependence from claim 9, they are indicated as including allowable subject matter for at least the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent No. 12,202,688 teaches a foldable gangway assembly for accessing and maintaining the roof of a vehicle.
US Patent No. 7,140,467 teaches a foldable stair assembly for accessing and maintaining the roof of a vehicle.
US Patent No. 8,479,882 teaches a foldable gangway assembly for accessing and maintaining the roof of a vehicle.
US Patent No. 8,015,647 teaches a foldable gangway and cage assembly for accessing and maintaining the roof of a vehicle.
US Patent No. 10,087,641 teaches a foldable gangway and cage assembly for accessing and maintaining the roof of a vehicle.
CN-110817759-A teaches a platform that extends towards a train vehicle to allow for maintenance.
CN-208411754-U teaches a foldable platform assembly for accessing and maintaining the roof of a train vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E MARTINEZ whose telephone number is (571)272-4152. The examiner can normally be reached Monday-Friday 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel P Cahn can be reached on (571)270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEM
/DAVID E MARTINEZ/Primary Examiner, Art Unit 3634