DETAILED ACTION
RAIL SENSOR UNIT
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 .
Status of the Claims
Regarding the status of the claims, please see the following:
Claims 9, 11 and 13 are amended
Claims 1-40 are pending.
Claims 14- 20 are objected to as being allowable.
Claims 21-40 are allowed.
Response to Arguments
Applicant’s arguments, see page 11, filed 04/02/2026, with respect to the Specification and claim objection have been fully considered and are persuasive. The Specification and Claim objection has been withdrawn per applicants’ amendments.
Response to Arguments
Applicant's arguments filed on 04/02/2026 have been fully considered but they are not persuasive. To benefit the Applicant, arguments will be discussed below.
On pages 11-12 of the remarks, Applicant alleges that " ... Aroe does not disclose a housing comprising a housing body made in one piece...". The Examiner respectfully disagrees with Applicants position.
In response to applicant’s argument that there is no teaching the examiner recognizes that ascertaining the differences between the prior art and the claims at issue requires interpreting the claim language, and considering both the invention and the prior art references as a whole. See MPEP § 2111 - § 2116.01.
The previous rejection explained why a person having ordinary skill in the art would reasonably have expected that Aroe clearly states in multiple location in the disclosure (see Aroe [¶0074, lines 1-5], for example) that the primary purpose of the invention is a system for detecting events or situations having associated patterns of acoustic vibrations in a train rail and the housing components are destined to be adjoined to the web W.
It has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893). For these reasons, there would have been a reasonable expectation of success. After have considered all of applicants’ arguments, the obviousness rejection of claims 1-13 is maintained.
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipating by Aroe discloses (EP 3473518) “submitted by Applicant on IDS”.
Regarding claim 1, Aroe discloses a rail sensor unit for attachment to a rail of a rail track, the rail sensor unit being configured for sensing by attachment to the rail at least one physical parameter associated with objects interacting mechanically with the rail, the sensor unit comprising (see abstract):
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a housing (33) comprising a housing body (331, 332) made in one piece (Fig. 5, the two piece forming one piece), the housing body (331, 332) having a sensing wall portion (34) with a contoured contact surface for fitting against at least a portion of a rail profile (2), and the housing body (331, 332) further comprising an interior compartment defined at least partly by the sensing wall portion [(34); “the box 33 comprises a lower part 332 and an upper part 331. The lower part 332 defines a volume V for housing components and is destined to be adjoined to the web W and the upper part 332 is a cover of the box 33, as shown in figure 5”)], a transducer (31) in the interior compartment of the housing body (331, 332) and coupled to the sensing wall portion (34) of housing body (331, 332) for sensing the parameter transmitted to the sensor unit (3) through physical attachment of the housing to the rail (2); and electronic processing circuitry (41) in the interior compartment of the housing body (331, 332) for processing a signal from the transducer (31; “the signals will fit a pattern stored in the VDU or maybe not. In the latter case, the processor is configured to send to the control unit 41 the data associated with the vibrations for further analysis”).
Regarding claim 2, Aroe further discloses the contoured contact surface of the sensing wall portion (34) of the housing body (331, 332) having a contour configured for fitting against one or more of a head of a rail profile (Fig. 5).
Regarding claim 3, Aroe further discloses the housing body (331, 332) having an open extremity (Fig. 6), and wherein the housing (33) further comprises a cover securable over the open extremity for closing the open extremity (Fig. 3).
Regarding claim 4, Aroe further discloses the housing body (331, 332) has an elongate tub shape (Fig. 5), comprising the sensing wall portion (34) having an elongate form (Fig. 5), at least two elongate side walls (side of 34) extending from the sensing wall portion (34) opposite one another (Fig. 6), and at least two end walls (side of 34) extending from the sensing wall portion (34).
Regarding claim 5, Aroe further discloses the contact surface of the sensing wall portion (34) comprises a shoulder (Top of 34), and a ridge upstanding from the shoulder (Fig. 10-11).
Regarding claim 6, Aroe further discloses the ridge has a surface that is inclined beveled (Fig. 5 and Fig. 10-11).
Regarding claim 7, Aroe further discloses the shoulder being configured for fitting against an underside of an undercut of the head of the rail (Fig. 3), and the ridge is configured for fitting against a side edge of the head of the rail (Fig. 4-5).
Regarding claim 8, Aroe further discloses the housing body further comprises a side surface for at least one of facing towards (Fig. 5) and fitting against the web of the rail (2), and wherein a junction between the shoulder (Top of 34) and the side surface has a non-square shape (Fig. 6-7).
Regarding claim 9, Aroe further discloses the contoured contact surface comprises a generally symmetric convex surface (Fig. 5).
Regarding claim 10, Aroe further discloses at least a first magnet “the attachment means 34 comprising a magnet” positioned within the interior compartment of the housing body adjacent to the sensing wall portion (34) for magnetically attracting the housing to a rail (2) via the sensing wall portion (34).
Regarding claim 11, Aroe further discloses the housing body provides substantially all of a contact surface of the housing for fitting against the rail (2).
Regarding claim 12, Aroe further discloses the transducer is coupled to the sensing wall portion (34) of the housing body (331, 332) via an intermediate member in the interior compartment (Fig. 3-5).
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Regarding claim 13, Aroe discloses a rail sensor unit for attachment to a rail of a rail track, for sensing by physical attachment to the rail at least one physical parameter associated with objects interacting mechanically with the rail (see abstract), the sensor unit comprising a housing (33) at least one transducer (31) within the housing for sensing the parameter transmitted to the rail sensor through physical attachment to the rail “The acoustic sensor 31 is an accelerometer, a microphone or a piezo electric sensor”, and electronic circuitry (41) within the housing (33) for receiving a signal from the at least one transducer (31), the electronic circuitry (41) having a controllable dynamic range configuration settable in at least: a first configuration for handling a relatively weak occurrence “the processor comprising stored patterns corresponding to known events, the processor being configured to preprocess the vibrations transmitted to the rail, to determine if the vibrations correspond to a stored pattern” of the physical parameter to be sensed by the at least one transducer (31), and [(34); “the box 33 comprises a lower part 332 and an upper part 331. The lower part 332 defines a volume V for housing components and is destined to be adjoined to the web W and the upper part 332 is a cover of the box 33, as shown in figure 5”)] a second configuration for handling a relatively strong occurrence of the physical parameter to be sensed by the at least one transducer (31) and wherein the electronic circuitry (41) further comprises a controller (4) for dynamically switching between the dynamic range configurations (¶0079, lines 1-6).
Allowable Subject Matter
Claims 14- 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.
Claims 21-40 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The Prior arts made available do not teach or fairly suggest, alone or in combination a rail sensor unit and method for attachment to a rail of a rail track, for sensing by physical attachment to the rail at least one physical parameter associated with objects interacting mechanically with the rail, the sensor unit having a housing provided with a housing body made in one piece, the housing body is provided with a sensing wall portion with a contoured contact surface for fitting against a portion of a rail profile, the housing body is provided with an interior compartment defined partly by the sensing wall portion, in independent claims 21 and 29 when combined with the limitations a first transducer having a first sensitivity to the physical parameter and generating a first signal, and a second transducer having a second sensitivity to the physical parameter and generating a second signal, the second sensitivity being smaller than the first sensitivity, and wherein the electronic circuitry comprises first and second input channels for the first and second signals.is provided in the interior compartment of the housing body and is coupled to the sensing wall portion of housing body for sensing the parameter transmitted to the sensor unit through physical attachment of the housing to the rail and electronic processing circuitry in the interior compartment of the housing body is provided for processing a signal from the transducer also in independent claims 21 and 29 distinguish the present invention from the combined prior art.
Kumar discloses a rail-mounted, wheel-sensing system is shown having a wheel sensor and a rail mounting platform. The system includes a rugged steel rail clamp including two blocks mounted on the base of the rail by a pair of bolt extending under the rail. One block is connected to a vertically adjustable mounting bracket for carrying a sensor or other device. The mounting bracket includes a platform for the sensor. Two shields on the platform protecting a sensor mounted between them. An adapter plate may be added between the mounting bracket and the clamp for installation on lighter or heavier rails.
However, Kumar fails to disclose a transducer within and coupled to the housing for sensing the parameter transmitted to the rail sensor through physical attachment to the rail, and an at least partly flexible printed circuit substrate within the housing.
Van discloses a system for detecting one or more vehicles, such as a train, on a rail track, includes at least one optical conductor extending near and parallel to the rail track with a light source and light detector coupled thereto. One or more sensors are coupled to the rail track and include the light conductor, which sensors affect the light attenuation in the light conductor locally upon the presence of the vehicle.
Van fails to discloses a method of operation in a rail sensor unit, the rail sensor unit configured for attachment to a rail of a rail track, for sensing by physical attachment to the rail at least one physical parameter associated with objects interacting mechanically with the rail, the sensor unit having a first configuration and a second configuration for handling a relatively strong occurrence of the physical parameter to be sensed by the at least one transducer.
Hence the prior art of record fails to teach the invention as set forth in claims 21-40. The examiner cannot find specific teaching of the invention, nor reasons within the cited art to combine the elements of these references other than applicant’s own reasoning to fully encompass the current pending 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 BRANDI N HOPKINS whose telephone number is (571)270-7042. The examiner can normally be reached M & F 9-5 and T-TH, 6-4.
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, Kristina Deherrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRANDI N HOPKINS/Primary Examiner, Art Unit 2855
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