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 .
Response to Arguments
The rejection under 112, second paragraph to claim 19 has been withdrawn.
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Taniguchi with the inner layer taught in Durrer with a reasonable expectation of success because
Applicant’s arguments with respect to claim(s) 16 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. It can be seen in Figure 1 of Durrer teaching a handrail having multiple layers with an inner layer 10 comprising a textile. Durrer teaches “During its revolving movement, the profiled section slides in the lane of the i.d.R. fixed Führungs¬ rail. Therefore, the track or guide groove as well as the profiled portion is preferably provided with a low-friction surface. The profiled section of the lateral lips is preferably covered with a special sliding layer. This consists e.g. made of a woven, knitted or woven fabric of textile or plastic. Such a sliding layer is preferably also provided between the guide rail and the flexible base body” page 4 lines 14-23. Durrer teaches how additional flexibility helps the handrail move during transport and provides an efficiency during use. Taniguchi does not teach the flexibility of the handrail during movement as Durrer and it would provide a benefit to have an increased flexibility of the inner surface or handrail to increase the efficiency and lifespan of the handrail. Applicant has not distinguished itself from the cited prior art with structural claim language. For the foregoing reasons, the claims stand rejected.
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.
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) 16-31 are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi U.S. Patent No. 9,994,429 in view of Durrer WO-2006029706-A1.
Claim 16, Taniguchi teaches a handrail 4 for a passenger transport system 1, such as an escalator or a moving walkway 1 Fig. 1, comprising: at least one transponder 7 containing at least one piece of information integrally arranged on a surface or inside the handrail 4 C4 L50-55; wherein the transponder 7 is configured such that the at least one piece of information can be transmitted contactlessly via 20 from the transponder 7 to a reader 22 C4 L55-65 wherein the transponder (7 of Taniguchi) is integrated into the handrail C3 L40-50; wherein the handrail 4 comprises several layers Fig. 3; but does not teach as Durrer teaches one of the layers 10 is an inner layer 10 that comprises a textile; and wherein the transponder (7 of Taniguchi) is integrated into the inner layer 10 or rests against or rests on the inner layer 10 (P11 L22-26) Fig. 1. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Taniguchi with the inner layer taught in Durrer with a reasonable expectation of success because
Claim 17, Taniguchi teaches the transponder 7 includes an RFID tag or an NFC tag, and/or wherein the transponder includes a printed circuit board or PCB C3 L50-65.
Claim 18, Taniguchi teaches the at least one piece of information is configured to identify the transponder 7 and/or the handrail 4 C4 L30-50.
Claim 19, Taniguchi teaches the transponder 7 is arranged such that a side of the transponder 7 directed towards an outer side of the handrail 4 is spaced further or by the same distance from the outer side than a side of the layer in which the transponder 7 is embedded, directed towards the outer side upper side of the handrail 4 Fig. 4A, but does not teach as Durrer teaches the inner layer 10 Fig. 1. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Taniguchi with the inner layer taught in Durrer with a reasonable expectation of success because
Claim 20, Taniguchi teaches the outside side of the handrail 4 includes an upper side of the handrail 4 Fig. 3.
Claim 21, Taniguchi teaches the transponder 7 comprises a data memory 18 or is connected to a data memory 18; wherein the transponder 7 is configured to receive data and/or commands and to store the data and/or the commands on the data memory 18; and wherein the transponder 7 is configured to transmit the data contactless from the transponder 7 to the reader 22 C4 L30-50.
Claim 22, Taniguchi teaches the transponder 7 comprises a processing unit 25 or is connected to a processing unit 25 that is adapted to process the received data via 22, and wherein the transponder 7 is configured to allow processed data to be transmitted contactlessly from the transponder 7 to the reader 22 C4 L30-50.
Claim 23, Taniguchi teaches the handrail 4 comprises at least one sensor 24 and/or at least one transducer 21 with evaluation unit 17, and wherein the sensor 24 and/or the transducer 17 is integrated in the transponder 7 or is connected to the transponder 7 C4 L30-50.
Claim 24, Taniguchi teaches the transducer 21 is analog or digital C4 L30-50.
Claim 25, Taniguchi teaches the transponder 7 has a section of signal-optimizing 8 and/or attenuating material 17, and wherein the section is arranged adjacent to the transponder 7 and/or is attached to the transponder 7 C4 L30-50.
Claim 26, Taniguchi teaches the passenger transport system 1 includes an escalator or a moving walkway that includes the handrail 4 Fig. 1; and a data processing device 17 comprising the reader 22, wherein the data processing device 17 is configured to read the at least one piece of information of the transponder 7 and/or data stored via 18 on the transponder 7 via the reader 22 in a contactless manner and to evaluate and/or forward the at least one piece of information C3 L30-50.
Claim 27, Taniguchi teaches the system further comprises: at least one sensor device 24 configured to detect operational data and/or environmental data, and to forward the data to the transponder 7 and/or the data processing device 17, and wherein the data processing device 17 is configured to receive and process and/or forward the data from the sensor device 24 C4 L30-50.
Claim 28, Taniguchi teaches a handrail database 18 is stored on the data processing device 17 or the data processing device 17 is configured to establish a connection to a handrail database 18, wherein the at least one piece of information includes information about the identity of the handrail 4, and wherein the data processing device 17 is configured to detect whether the handrail 4 is an original handrail by matching the at least one piece of information about the identity of the handrail 4 with the database 18 C4 L50-67; C5 L1-20.
Claim 29, Taniguchi teaches the data processing device 17 is configured to perform or initiate an output of a message and/or a command to prevent the operation of the passenger transport system 1 upon detection of a non-original handrail 4 C5 L20-35.
Claim 30, Taniguchi teaches a method for monitoring a passenger transport system 1, comprising: providing the handrail 4 according to claim 16; contactlessly transmitting the at least one piece of information about the identity of the handrail 4 and/or operational data and/or environmental data from the transponder 7 to a data processing device 17 via the reader 22; and evaluating and/or forwarding the at least one piece of information and/or the operational data by the data processing device 17 C4 L30-67.
Claim 31, Taniguchi teaches acquiring the operational data and/or environmental data by a sensor device 24; and forwarding the operational data and/or environmental data to the trans-ponder and/or to the data processing device 17 C4 L30-50.
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 KAVEL SINGH whose telephone number is (571)272-2362. The examiner can normally be reached Monday - Thursday 8am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached on (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAVEL SINGH/Primary Examiner, Art Unit 3651
KS