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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/14/2025 has been entered.
Response to Amendment
The amendment filed 8/14/2025 has been entered. Claims 1 and 3-10 remain pending in the application. Applicant’s amendments to claims 1 and 3-10 have overcome each and every U.S.C. 103 rejection previously set forth in the Final Office Action mailed on 5/27/2025. However, applicant’s amendments to claim 1 does not overcome the new U.S.C. 103 rejections.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN113120031A) in view of Xing (CN203601297U), Mian (US5636026A), Qin (CN211032589U), and He (CN110962880A).
Regarding claim 1, Peng teaches an online high-precision measuring device for full-size parameters of a wheel set of a rail transit vehicle, comprising: a first laser sensor, wherein
the first laser sensor (9) is configured to measure data of an inner distance of a to-be-measured wheel set (1, [0015]) and is arranged on an inner side of a track bearing the wheel set (Figs. 1-3);
Peng fails to teach:
a second laser sensor, a third laser sensor, a track, and a polygon measuring module, wherein
the second laser sensor is arranged below the track, and configured to emit a laser to pass through a slit formed in the track and located above the second laser sensor to irradiate a tread of the wheel set for determining a profile of the tread;
the third laser sensor is configured to measure data of an axle lower profile of the wheel set and is arranged on an outer side of the track;
the third laser sensor emits a laser beam to irradiate the axle lower profile on the axle of the wheel set to determine position data of the axle lower profile;
the polygon measuring module is butted with the track and is configured to measure a radial runout value of the tread of the wheel set;
the polygon measuring module comprises a floating probe, and the floating probe is supported by a spring to float up and down, and maintains contact with the tread of the wheel set, such that the radial runout value of the tread of the wheel set is determined; and
the polygon measuring module further comprises a guide rail and a displacement sensor; the guide rail is a main supporting structure of the polygon measuring module, and is butted with the track to support movement of the wheel set and provide guidance; and the displacement sensor is configured to measure an up and down floating distance of the floating probe.
However, in the same field of endeavor of online rail detection devices, Xing teaches the second laser sensor (1, Fig. 2) installed below the wheel (paragraph [0024]) to measure the tread (paragraph [0049]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng with the laser sensor below the wheel taught in Xing because it allows for high measurement accuracy while allowing multiple points on the wheel to be measured (Xing: paragraph [0010]).
Peng and Xing do not teach a track, a slit formed in the track and located above the second laser sensor to irradiate a tread of the wheel set, the third laser sensor is configured to measure data of an axle lower profile of the wheel set and is arranged on an outer side of the track;
the third laser sensor emits a laser beam to irradiate the axle lower profile on the axle of the wheel set to determine position data of the axle lower profile;
the polygon measuring module is butted with the track and is configured to measure a radial runout value of the tread of the wheel set;
the polygon measuring module comprises a floating probe, and the floating probe is supported by a spring to float up and down, and maintains contact with the tread of the wheel set, such that the radial runout value of the tread of the wheel set is determined; and
the polygon measuring module further comprises a guide rail and a displacement sensor; the guide rail is a main supporting structure of the polygon measuring module, and is butted with the track to support movement of the wheel set and provide guidance; and the displacement sensor is configured to measure an up and down floating distance of the floating probe.
However, in the same field of invention of online rail detectors, Mian teaches a track (‘rail’ – 2, Fig. 4) with a slit in it where light from a laser sensor travels upwards and irradiates the wheel (column 9, lines 19-23).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng modified by Xing with the track with a slit in it for a laser light taught in Mian as this arrangement allows accurate readings without contacting the wheel (column 3, lines 48-50).
Mian fails to teach the third laser sensor is configured to measure data of an axle lower profile of the wheel set and is arranged on an outer side of the track;
the third laser sensor emits a laser beam to irradiate the axle lower profile on the axle of the wheel set to determine position data of the axle lower profile;
the polygon measuring module is butted with the track and is configured to measure a radial runout value of the tread of the wheel set;
the polygon measuring module comprises a floating probe, and the floating probe is supported by a spring to float up and down, and maintains contact with the tread of the wheel set, such that the radial runout value of the tread of the wheel set is determined; and
the polygon measuring module further comprises a guide rail and a displacement sensor; the guide rail is a main supporting structure of the polygon measuring module, and is butted with the track to support movement of the wheel set and provide guidance; and the displacement sensor is configured to measure an up and down floating distance of the floating probe.
However, in the same field of invention of online rail detectors, Qin teaches the third laser sensor (a laser triangulation imaging device (1, Fig. 5; 13, Fig. 6)) arranged on the outside of the track (paragraph [0018]) which uses a laser beam to illuminate the axle in order to obtain information to determine the position of the axle (paragraph [0043]). It is the position of the examiner that the device of Qin is described as "online", and therefore "outside" and "outer side" of the track are being interpreted to be functionally the same.
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng modified by Xing and Mian with the laser sensor placed on the outside of the track taught in Qin because it allows accurate positioning to be determined (Qin: paragraph [0043]).
Peng, Xing, Mian, and Qin do not teach the polygon measuring module is butted with the track and is configured to measure a radial runout value of the tread of the wheel set;
the polygon measuring module comprises a floating probe, and the floating probe is supported by a spring to float up and down, and maintains contact with the tread of the wheel set, such that the radial runout value of the tread of the wheel set is determined; and
the polygon measuring module further comprises a guide rail and a displacement sensor; the guide rail is a main supporting structure of the polygon measuring module, and is butted with the track to support movement of the wheel set and provide guidance; and the displacement sensor is configured to measure an up and down floating distance of the floating probe.
However, in the same field of endeavor of online rail detectors, He discloses a detection mechanism installed on the inner side of the rail which measures radial run-out (paragraph [0012]). He further discloses a pedal assembly which the train wheel presses on (paragraph [0036]), elastic element which returns the pedal assembly upward (paragraph [0036]; paragraph [0021] further discloses the elastic element is a spring), a guide column and guide sleeve (paragraph [0012]; paragraph [0037] discloses the guide post and guide sleeve prevent the other elements from unwanted movement. Examiner interprets this as the main supporting structure for the mechanism), and a displacement sensor used to measure the distance moved by the pedal assembly (paragraph [0036]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng modified by Xing, Mian, and Qin with the detection mechanism taught by He because it allows for an improved structural stability of the detection device (He: paragraph [0009]), while also allowing for different wheel rim heights to be measured (He: paragraph [0036]).
Regarding claim 3, Peng in view of Xing, Mian, Qin, and He teach the invention as explained above in claim 1, but Peng fails to teach a distance between a contact point of the floating probe and the tread of the wheel set and an inner side surface of a wheel in the wheel set is ΔL=70 mm (paragraph [0022] discloses this is the distance where the tread is commonly measured).
However, Xing discloses that it is well known in the art that the base point of the tread is 70 mm away from the side of the wheel and this is the distance where the tread is commonly measured in the art (paragraph [0022]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng modified by Xing, Mian, Qin and He with the tread measurement point taught in Xing as it is common knowledge in the art.
Regarding claim 4, Peng in view of Xing, Mian, Qin, and He teach the invention as explained above in claim 1, and Peng further teaches the first laser sensor is provided with two laser sensing devices; and the two laser sensing devices are symmetrically distributed along a center line of the track.
Peng fails to teach the second laser sensor and the third laser sensor each are provided with two laser sensing devices; and the two laser sensing devices are symmetrically distributed along a center line of the track.
Xing teaches the second laser sensor, but fails to teach the second laser sensor being provided with two laser sensing devices that are symmetrically distributed. Similarly, Qin teaches the third laser sensor but fails to teach the third laser sensor being provided with two laser sensing devices that are symmetrically distributed.
However, it has been held that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04(VI)(B). It is the position of the examiner that duplicating the laser sensors and distributing them symmetrically would not yield a new and unexpected result. The duplicated parts would simply perform the same functions.
Regarding claim 5, Peng in view of Xing, Mian, Qin, and He teach the invention as explained above in claim 3, and Peng further teaches that the first laser sensor is arranged on the track at a certain angle (9, Figs. 1-4), and remain static with the track (paragraph [0025]).
Peng does not teach the second laser sensor and the third laser sensor each are arranged on the track at a certain angle, and remain static with the track.
However, Xing teaches the second laser sensor is perpendicular to the rail (paragraphs [0009], [0029]) and is installed (fixed) along the rail (paragraph [0028]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng with the second laser fixed at an angle taught in Xing as it results in high measurement accuracy (Xing: paragraph [0058]).
Peng and Xing fail to teach the third laser sensor arranged on the track at a certain angle, and remains static with the track.
However, Qin teaches the third laser sensor is installed (fixed) on the track (paragraph [0010]) and is angled towards the track (1, Fig. 5).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng with the third laser sensor fixed at an angle taught in Qin as it minimizes detection error (Qin: paragraph [0048]).
Regarding claim 6, Peng in view of Xing, Mian, Qin, and He teach the invention as explained above in claim 3, and Peng further teaches that the first laser sensor is provided with a wheel sensor (8) configured to detect whether the wheel set reaches a measuring position (paragraph [n0010]).
Peng fails to teach the second laser sensor and the third laser sensor each are provided with a wheel sensor configured to detect whether the wheel set reaches a measuring position.
Xing teaches the second laser sensor, but is silent on whether the second laser is provided with a wheel sensor.
However, a person having ordinary skill in the art would be able to reasonably combine the wheel sensors taught in Peng with the second laser sensor taught in Xing and obtain the predictable results of turning the measuring device on and off (Peng: paragraph [0010]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the wheel sensors taught in Peng with the second laser sensor taught in Xing as a way to turn the measuring device on and off (Peng: paragraph [0010]).
The third laser device taught in Qin also sends a trigger signal (paragraphs [0040], [0043]) when a wheel is sensed at the designated measuring position.
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng with the wheel sensing mechanism of Qin as it would communicate to the other parts of the device when to begin data collection (Qin: paragraph [0044]).
Regarding claim 7, Peng in view of Xing, Mian, Qin, and He teach the invention as explained above in claim 1, and Peng further teaches an online high-precision measuring method for full- size parameters of a wheel set of a rail transit vehicle (abstract), comprising:
S100: measuring and storing the data of the inner distance of the wheel set using the first laser sensor (paragraph [n0031], the laser sensors collect multiple sets of data on the inner distance of the wheel set in step one), and measuring and storing the data of the profile of the tread of the wheel set using the second laser sensor (paragraph [n0031], the laser sensors continuously collect tread profile in step one);
S200: processing the measured data of the inner distance and the profile, and calculating an equivalent conicity (paragraphs [n0032-n0034], steps two thru four process the data and calculate equivalent taper, which is another term well-known in the art for equivalent conicity).
Peng fails to teach:
S300: measuring and storing the data of the axle lower profile of the wheel set using the third laser sensor;
S400: calculating a spatial height position of a center of an axle of the wheel set relative to an upper surface of the track through algorithm analysis, so as to calculate a wheel diameter of the wheel set;
S500: rolling the wheel set from the polygon measuring module to make the floating probe contact with the tread of the wheel set, so as to measure the radial runout value of the tread;
S600: calculating a wheel polygon value of the wheel set through algorithm analysis according to the measured wheel diameter and radial runout value; and
S700: outputting a data report of the profile, the wheel diameter, the equivalent conicity, and the wheel polygon value.
However, Qin teaches one embodiment where the laser device (third laser sensor) obtains information on the position of the wheel axle (paragraph [0043]) through some sort of data analyzer (paragraph [0041]). Qin does not explicitly disclose what the reference point is to calculate the position of the axle. Regardless, a person of ordinary skill in the art would be able to reasonably modify the data analysis taught in Qin to calculate an axle position in relation to the track with relative ease.
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the method of Peng with the wheel axle position method taught in Qin as a way to accurately determine the position of the wheel axle (Qin: paragraph [0043]).
Peng and Qin fail to teach:
S500: rolling the wheel set from the polygon measuring module to make the floating probe contact with the tread of the wheel set, so as to measure the radial runout value of the tread;
S600: calculating a wheel polygon value of the wheel set through algorithm analysis according to the measured wheel diameter and radial runout value; and
S700: outputting a data report of the profile, the wheel diameter, the equivalent conicity, and the wheel polygon value.
However, He teaches a method where the train wheel presses on the pedal assembly (floating probe) which enables the radial runout of the train wheel tread to be calculated (paragraph [0036]). He does not disclose a method to calculate the wheel polygon value. Regardless, He makes a number of different calculations (wheel tread circumference, radial runout (paragraph [0103]), height of the wheel rim (paragraph [0104])) and a person with ordinary skill in the art would be able to reasonably modify the data analysis method to include the wheel polygon value as it is well known in the art.
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the method of Peng with the method to calculate radial runout taught in He as it is a stable way to monitor wheel wear to ensure safety (paragraph [0004]).
Peng, Qin and He are silent as to whether there is a step that includes outputting a data report of the profile, the wheel diameter, the equivalent conicity, and the wheel polygon value. However, it is the position of the examiner that outputting of the data that is already measured would be an obvious addition to the claimed method in order to provide the data to a user.
Regarding claim 8, Peng in view of Xing, Mian, Qin, and He teach the method as explained above in claim 7, and Peng further teaches that the first laser sensor is provided with a wheel sensor (8) at a measuring position, and the wheel sensor is configured to detect whether the wheel set reaches a measuring position (paragraph [n0010]).
Peng fails to teach the second laser sensor and the third laser sensor each are provided with a wheel sensor configured to detect whether the wheel set reaches a measuring position.
Xing teaches the second laser sensor, but is silent on whether the second laser is provided with a wheel sensor.
However, a person having ordinary skill in the art would be able to reasonably combine the wheel sensors taught in Peng with the second laser sensor taught in Xing and obtain the predictable results of turning the measuring device on and off (Peng: paragraph [0010]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the wheel sensors taught in Peng with the second laser sensor taught in Xing as a way to turn the measuring device on and off (Peng: paragraph [0010]).
The laser device taught in Qin also sends a trigger signal (paragraphs [0040], [0043]) when a wheel is sensed at the designated measuring position.
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng with the wheel sensing mechanism of Qin as it would communicate to the other parts of the device when to begin data collection (Qin: paragraph [0044]).
Regarding claim 9, Peng in view of Xing, Mian, Qin, and He teach the method as explained above in claim 7, and Peng further teaches the first laser sensor does not move with the wheel set, and remains static (paragraph [0025]).
Peng does not teach the second laser sensor and the third laser sensor do not move with the wheel set, and remain static with the track.
However, Xing teaches the second laser sensor is installed (fixed) along the rail (paragraph [0028]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng with the second laser being fixed taught in Xing as it results in high measurement accuracy (Xing: paragraph [0058]).
Peng and Xing fail to teach the third laser sensor does not move with the wheel set, and remains static with the track.
However, Qin teaches the third laser sensor is installed (fixed) on the track (paragraph [0010]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng with the third laser sensor being fixed taught in Qin as it minimizes detection error (Qin: paragraph [0048]).
Regarding claim 10, Peng in view of Xing, Mian, Qin, and He teach the method as explained above in claim 7, but Peng fails to teach in step S500, the up and down floating distance of the floating probe is determined using a displacement sensor, and the radial runout value of the tread of the wheel set is determined.
Xing and Qin are also silent as to in step S500, the up and down floating distance of the floating probe is determined using a displacement sensor, and the radial runout value of the tread of the wheel set is determined.
However, He teaches a pedal assembly and a displacement sensor used to measure the distance moved by the pedal assembly (paragraph [0036]), and the value measured by the displacement sensor being used to calculate radial runout (paragraph [0036]).
A person having ordinary skill in the art prior to the effective filing date of the claimed invention would find it obvious to combine the device of Peng with the method of calculating radial runout taught in He as it allows the radial runout to be measured online dynamically while also improving the measurement efficiency (He: paragraph [0036]).
Conclusion
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/ALEXANDRIA MENDOZA/ Examiner, Art Unit 2877
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2877