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 .
Status of the Claims
Claims 14-32 are pending. Claims 1-13 are cancelled. Claims 14-32 are newly added.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01 August 2023, 22 August 2023, and 19 August 2025 were filed before the mailing date of the first Office Action on the merits. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 14 is objected to because of the following informalities:
Claim 14, line 8, “screw at at least one” should read –screw at least one--.
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.
Claims 17, 20-23, 27-31, and 32 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 17 recites the limitation "the buffer screws" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation “a fastening element” in lines 1-2. It is unclear if this limitation is the same or different from the fastening elements previously recited in claim 14 from which claim 20 depends.
Claim 21 recites the limitation “fastening elements or bores” in line 2. It is unclear if this limitation is the same or different from the fastening elements previously recited in claim 14 from which claim 21 depends. Claims 22-23 are rejected as being dependent on, and failing to cure the deficiencies of rejected base claim 21.
Claim 27 recites the limitation “a buffer having a buffer flange” in line 2. It is unclear if this limitation is the same or different from the buffer and buffer flange previously recited in claim 14 from which claim 27 depends. Claims 28-31 are rejected as being dependent on, and failing to cure the deficiencies of rejected base claim 27.
Claim 27 recites the limitation “a mounting interface according to claim 14 attached with screws to said buffer flange” in lines 3-4. It is unclear if this limitation is the same or different from the mounting interface and screws previously recited in claim 14 from which claim 27 depends.
Claim 32 recites the limitation “a buffer with a buffer flange” in lines 1-2. It is unclear if this limitation is the same or different from the buffer and buffer flange previously recited in claim 14 from which claim 32 depends.
Claim 32 recites the limitation “a mounting interface according to claim 14 attached with screws to said buffer flange” in lines 2-3. It is unclear if this limitation is the same or different from the mounting interface and screws previously recited in claim 14 from which claim 32 depends.
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) 14-23, 27, and 30-32 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Helbig (EP 2808222 A1).
In regards to claim 14, Helbig discloses a mounting interface for attaching supporting components to a buffer (14) (Fig. 6) of a rail vehicle, the mounting interface comprising:
a mounting body (12) (Fig. 1) having a component-fastening region (1.2) and an attachment region (1.1) different from said component-fastening region (as seen in Fig. 1);
said component-fastening region being equipped with fastening elements (25, 26) and/or formed with bores for attaching the supporting components; and
said attachment region being shaped to enable said attachment region to be fastened to a front side (as seen in Fig. 6) of a buffer flange (13) of the buffer with a screw (see machine translation, para. [0047]) at at least one fastening point (10) (Fig. 2).
In regards to claim 15, Helbig discloses the mounting interface according to claim 14, wherein said attachment region has a shape that is the same as a shape of a predetermined buffer flange or at least a part of the predetermined buffer flange (as seen in Fig. 2, the shape of the attachment region 1.1 matches at least a part of the predetermined buffer flange 13).
In regards to claim 16, Helbig discloses the mounting interface according to claim 14, wherein said attachment region is formed with a recess configured to encompass a buffer housing (as seen in Fig. 6) of a predetermined buffer (14).
In regards to claim 17, Helbig discloses the mounting interface according to claim 16, wherein said attachment region corresponds to only part of the area (as seen in Fig. 2, the shape of the attachment region 1.1 matches at least a part of the predetermined buffer flange 13) of a buffer flange of the predetermined buffer with at least one bore (10) (Fig. 2) for one of the buffer screws and is formed with a recess where a buffer housing is situated at or on the buffer flange (as seen in Fig. 6, the buffer 14 fits against the attachment region 1.1 at the buffer flange 13).
In regards to claim 18, Helbig discloses the mounting interface according to claim 14, wherein said attachment region is angled relative (as seen in Fig. 1) to said component-fastening region.
In regards to claim 19, Helbig discloses the mounting interface according to claim 18, wherein said attachment region extends orthogonally (as seen in Fig. 1, component-fastening region 1.2 is composed of a horizontal and vertical section wherein the horizontal section is orthogonal to the vertical attachment region) to said component-fastening region.
In regards to claim 20, Helbig discloses the mounting interface according to claim 14, wherein a fastening element (25, 26) (Fig. 1) is a bolt or a screw (para. [0049]) and said component-fastening region is fixedly attached to said mounting body (12) (as seen in Fig. 1), and/or wherein a bore in said component-fastening region is formed with a thread (para. [0049]).
In regards to claim 21, Helbig discloses the mounting interface according to claim 14, further comprising fastening elements (25, 26) (Fig. 1) or bores in said component-fastening region for attaching further attachment parts (4.1, 9.1) (Fig. 1).
In regards to claim 22, Helbig discloses the mounting interface according to claim 21, wherein the further attachment parts are configured for attaching at least one component selected from the group consisting of a step, a footplate, a handle and a platform (as seen in Fig. 1, under the broadest reasonable interpretation attachment part 9.1 is a platform).
In regards to claim 23, Helbig discloses the mounting interface according to claim 21, wherein the further attachment parts are configured for attaching at least one component selected from the group consisting of a coupler handle, a switchman's footplate, a switchman's platform, a maintenance platform (para. [0016], under the broadest reasonable interpretation attachment part 9.1 is a maintenance platform as it protects the railway carriages), a railing, and a handlebar.
In regards to claim 27, Helbig discloses a buffer system, comprising:
a buffer (14) (Fig. 6) having a buffer flange (13); and
a mounting interface (12) according to claim 14 (see rejection of Claim 14 above) attached with screws (para. [0047]) to said buffer flange.
In regards to claim 30, Helbig discloses the buffer system according to claim 27, wherein said attachment region of said mounting interface has at least partially a shape that is the same as a shape of said buffer flange (as seen in Fig. 2, the shape of the attachment region 1.1 matches at least a part of the predetermined buffer flange 13), and said mounting interface is formed with bores (10) (Fig. 2) at corresponding locations as bores of said buffer flange, and wherein said mounting interface is fastened to said buffer flange by means of the screws (para. [0047]).
In regards to claim 31, Helbig discloses the buffer system according to claim 30, wherein:
said attachment region of said mounting interface is formed with a recess that encompasses a buffer housing at least partially (as seen in Fig. 6); and
said attachment region corresponds to only part of an area of said buffer flange (as seen in Fig. 2, the shape of the attachment region 1.1 matches at least a part of the predetermined buffer flange 13), and said mounting interface is fastened to said buffer flange with at least one screw (para. [0047]).
In regards to claim 32, Helbig discloses a rail vehicle (para. [0001]), comprising a buffer system having a buffer (14) (Fig. 6) with a buffer flange (13); and a mounting interface according to claim 14 attached with screws (para. [0047]) to said buffer flange.
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) 28 is rejected under 35 U.S.C. 103 as being unpatentable over Helbig (EP 2808222 A1) in view of Koerner (US 9802628 B2).
In regards to claim 28, Helbig teaches the buffer system according to claim 27, comprising a
Helbig does not teach a crash element attached to said buffer flange on a side opposite of the mounting interface.
Koerner teaches a crash element (2) (Fig. 2) attached to said buffer flange (3) on a side opposite of the mounting interface (4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the buffer system of Helbig to include a crash element as taught by Koerner with a reasonable expectation of success for the purpose of increasing the energy absorption of the system (see Koerner, col. 4, lines 41-46).
Claim(s) 29 is rejected under 35 U.S.C. 103 as being unpatentable over Helbig (EP 2808222 A1) in view of Koerner (US 9802628 B2) and Radewagen (US 7552830 B2).
In regards to claim 29, the combination of Helbig as modified by Koerner above teaches the buffer system according to claim 28, wherein said buffer is
Helbig does not teach wherein the buffer is a center flange buffer.
Radewagen teaches wherein the buffer is a center flange buffer (col. 1, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the buffer system of Helbig to include being a center flange buffer as taught by Radewagen with a reasonable expectation of success for the purpose of decreasing the labor needed to install the system (col. 4, lines 9-13).
Allowable Subject Matter
Claims 24-26 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:
The prior art fails to teach the combination of limitations as recited in claim 24, Helbig teaches the mounting interface according to claim 14, wherein said mounting body is formed with
Helbig does not teach at least one weakening between said component-fastening region and said attachment region; said weakening being configured to separate said component-fastening region from said attachment region when a predetermined force acts on said weakening.
Koerner teaches one weakening (62) (Fig. 14) between said component-fastening region (63) and said attachment region (60). However, Koerner does not teach wherein said weakening is configured to separate said component-fastening region from said attachment region when a predetermined force acts on said weakening.
It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mounting interface of Helbig to include the weakening of Koerner, while further including wherein said weakening is configured to separate said component-fastening region from said attachment region when a predetermined force acts on said weakening as the modifications necessary would require an improper amount of hindsight, i.e., the modifications needed would require destroying the intended purpose of Helbig as the attachment region separating from the component-fastening region would reduce the protective capability of the system.
Thus, claim 24 is non-obvious in view of the prior art of record however claim 24 is objected to as being dependent upon a rejected base claim. Claims 25-26 are also allowable due to dependence upon claim 24, but are also objected to as being dependent upon a rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang (CN 111976780 A) discloses a central coupler suitable for collision energy management system and locomotive with the same.
Kim (KR 20200103326 A) discloses a shock absorber and centering apparatus for coupling of a railway vehicle.
Bak (KR 20200086528 A) discloses a shock absorber component for a connector of a railway vehicle.
Straud (RU 2668143 C2) discloses a coupler with a buffer column.
Kwon (KR 20180076379 A) discloses a shock absorber component for a connector of a railway vehicle.
Hirata (US 20170183019 A1) discloses a railcar with a buffer including a gangway footplate.
Ewerding (US 8783479 B2) discloses a coupling arrangement for the front of a tracked vehicle.
Kochmanski (EP 2727792 A1) discloses a device protecting rial cars against climbing in case of a railway collision.
Holm (US 3159284 A) discloses a convertible buffer and draft gear.
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/JAMES WILLIAM JONES/ Examiner, Art Unit 3615
/S. Joseph Morano/ Supervisory Patent Examiner, Art Unit 3615