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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 8 and 26 are objected to because of the following informalities:
Claim 8, line 2: “comprises is configured as” should be “configured as”.
Claim 26, line 7: appears to have a period after “and”.
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 10, 11, 15, 16 and 20 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.
Regarding claims 10 and 11 the phrases "for example", “particularly where”, and “such as” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 15 recites the limitation "the corresponding matrix modulus" in line 5. There is insufficient antecedent basis for this limitation in the claim. Examiner recommends changing to “an elastic modulus of said portion of the pad matrix”. This rejection likewise applies to claim 16.
Claim 20 recites the limitation "the gaps or holes or grooves or other types of profile" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 1-6, 8-13, 18-20, 23-24 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eckert (DE 202017104578 U1).
Regarding claim 1: Eckert discloses a rail pad comprising: a pad matrix comprising a first material (1; Fig.1), and at least one damping element at least partially encapsulated or embedded in the pad matrix (D1; Fig.2a-2b), the damping element comprising a second material, and wherein the second material comprises a damping factor tan delta greater than or equal to 0.5 at a frequency of 1000 Hz at room temperature (see attached EPO translation; Para.[0042]-[0043]).
Regarding claim 2: Eckert further discloses the rail pad according to claim 1, wherein the at least one damping element comprises between 10% and 90% of a total volume of the rail pad (apparent from Fig.2a-4b).
Regarding claim 3: Eckert further discloses the rail pad according to claim 1, further comprising a single damping element (Para.[0016], lines 6-7).
Regarding claim 4: Eckert further discloses the rail pad according to claim 1, further comprising a plurality of damping elements (D1; Fig.2a).
Regarding claim 5: Eckert further discloses the rail pad according to claim 1, wherein the at least one damping element comprises a polygonal or circular cross-section in at least one plane (Fig.5a-8b) configured to form shapes of, cuboids (Para.[0074], lines 1-3) and cylinders (26; Fig.7a).
Regarding claim 6: Eckert further discloses the rail pad according to claim 1, wherein the at least one damping element comprises a plurality of monodispersed or polydisperse particle-like units (Para.[0043]).
Regarding claim 8: Eckert further discloses the rail pad according to claim 1,wherein the at least one damping element is configured as a sheet or film (Fig.3b).
Regarding claim 9: Eckert further discloses the rail pad according to claim 8, wherein the sheet or film configuration comprises at least one corrugated surface (Fig.3b).
Regarding claim 10: Eckert further discloses the rail pad according to claim 1, wherein the at least one damping element (D1-D4) further comprises at least one of polyisobutylene, crosslinked polyisobutylene (butyl rubber, llB), polyurethane elastomers (PU), polymermodified bitumen, polar polymers, such as nitrile, hydrogenated or carboxylated nitrile rubber (NBR, HNBR, XNBR), chlorinated polyolefins (for example, polychloroprene (CR), chlorinated polyethylene or polypropylene, or chlorosulfonated polyethylene), acrylate rubbers (ACM)or epoxidized rubbers (ER), particularly where these have been modified with polar fillers and/or plasticizers or antiplasticizers, conventional vulcanized rubbers such as natural rubber (NR) or synthetic polyisoprenes (Pl), polybutadiene (PBD), styrene-butadiene rubber (SBR), styrene-butadiene-styrene black copolymers (SBS), ethylene-propylene diene monomer rubber (EPDM), particularly where these contain high proportions of carbon black or silica fillers and plasticizers or antiplasticizers (natural or synthetic rubber or suitable elastomers; Para.[0043]).
Regarding claim 11: Eckert further discloses the rail pad according to claim 1, wherein the pad matrix comprises at least one of crosslinked or non-crosslinked ethylene vinyl acetate (EVA), high density polyethylene (HOPE), polyurethane (PU), crosslinked ethylene-propylene-diene monomer (EPDM) rubber or natural rubber (NR), synthetic cis 1 ,4-polyisoprene rubber (IR), polybutadiene (PBD), PBD-based copolymers such as styrene-5 butadiene rubber (SBR) or nitrile-butadiene rubber (NBR), or chloroprene rubber (CR), styrenic block copolymers (SBC), thermoplastic elastomers (TPO) based on rubbery semicrystalline polyolefin copolymers, thermoplastic vulcanizates (TPV) such as isotactic polypropylene-vulcanized ethylene- propylene-diene-monomer (EPDM) blends, copolyester elastomers (COPE), or polyamide elastomers (PAE) (natural or synthetic rubber or suitable elastomers; Para.[0041]).
Regarding claim 12: Eckert further discloses the rail pad according to claim 1, wherein at least one of the pad matrix and at least one damping element comprises at least one of pores, cavities and voids (Para.[0041] and [0043]).
Regarding claim 13: Eckert further discloses the rail pad according to claim 12, wherein at least one of the pores, cavities and voids are sized and distributed so that at least one of the pad matrix and the at least one damping element is configured as a close-celled or open-celled foam (Para.[0041], line 5).
Regarding claim 18: Eckert further discloses the rail pad according to claim 8, wherein the sheet further comprises external studs or ribs or other types of profile on one or both major faces (Fig.3b).
Regarding claim 19: Eckert further discloses the rail pad according to claim 1, wherein at least one of the pad matrix and the at least one damping element comprises internal gaps or holes
Regarding claim 20: Eckert further discloses the rail pad according to claim 8, wherein the gaps or holes or grooves or other types of profile comprise a cylindrical with a spherical cross-section, or grooves with a semispherical or semi ellipsoidal or rectangular cross-section (Figs. 2a-4b and 7a-c) .
Regarding claim 23: Eckert further discloses the rail pad according to claims 19, wherein the gaps or holes or grooves or other types of profile of the pad matrix is either filled with air or with a material different from a one used for the damping element, whose bulk modulus is lower than the bulk modulus of the damping element and/or the pad matrix (microcellular composition; Para.[0041], line 5).
Regarding claim 24: Eckert further discloses the rail pad according to claim 19, wherein said gaps or holes or grooves or other types of profile of said pad matrix and/or said at least one damping element are filled with a material whose bulk modulus is a least one order of magnitude lower than that of the respective material used for the said pad matrix and/or said at least one damping element (Para.[0041] and Para.[0043], lines 5-10).
Regarding claim 26: Eckert discloses a method for producing a rail pad, comprising the steps of: a) preparing in a preform at least one damping element comprising a material having a damping factor tan delta greater than 0.5 at a frequency of 1000 Hz at room temperature; b) introducing in a mold a before-prepared at least one damping element (Para.[0038]); and c) performing a multi-step molding process to at least partially encapsulate or embed the at least one damping element with a pad matrix and wherein the rail pad comprises a pad matrix comprising a first material and at least one damping element at least partially encapsulated or embedded in the pad matrix (Para.[0038]), the damping element comprising a second material wherein the second material of the at least one damping element comprises a damping factor tan delta greater than or equal to 0.5 at a frequency of 1000 Hz at room temperature (Para.[0042]).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Eckert.
Regarding claim 7: Eckert teaches the rail pad according to claim 6, wherein the plurality of monodispersed or polydisperse particle-like units (Para.[0043]).
Eckert teaches the claimed invention except for the particle-like units being an average dimension between 50 nanometers and 1 millimeter. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a particle-like unit with an average dimension between 50 nanometers and 1 millimeter for desired effects, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05 (II)(A).
Claims 14-17, 19, 21-22 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Eckert in view of Zhu et al. (CN 1488810 A).
Regarding claim 14: Eckert does not teach one or more stiffness modifying element arranged within or onto the pad matrix, separated from the at least one damping element.
However, Zhu teaches one or more stiffness modifying element arranged within or onto the pad matrix (3; Fig.3-8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the rail pad of Eckert to include stiffness modifying elements as in Zhu to achieve desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Eckert in view of Zhu teaches the claimed invention except for the stiffness modifying element being separated from the at least one damping element. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the stiffness modifying element separated from the at least one damping element, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C).
Regarding claim 15: Eckert does not teach wherein the one or more stiffness modifying element comprises a material configured to increase stiffness of at least a portion of the pad matrix, relative to a stiffness of the pad matrix and comprising elastic moduli at least one of which is higher than the corresponding matrix modulus.
However, Zhu teaches the one or more stiffness modifying element comprises a material configured to increase stiffness of at least a portion of the pad matrix, relative to a stiffness of the pad matrix and comprising elastic moduli at least one of which is higher than the corresponding matrix modulus (3; Fig.5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the rail pad of Eckert to include stiffness modifying elements as in Zhu to achieve desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Regarding claim 16: Eckert does not teach wherein the one or more stiffness modifying element is configured to decrease the stiffness of at least a portion of the pad matrix relative to a stiffness of the pad matrix and comprises elastic moduli at least one of which is lower than the corresponding matrix modulus.
However, Eckert teaches wherein the one or more stiffness modifying element is configured to decrease the stiffness of at least a portion of the pad matrix relative to a stiffness of the pad matrix and comprises elastic moduli at least one of which is lower than the corresponding matrix modulus (desired non-metallic materials; Para.[0014]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the stiffness modifying element with a desired material for stiffness modification for desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Regarding claim 17: Eckert does not teach wherein the one or more stiffness modifier comprises a polygonal or circular cross-section in at least one plane, forming cuboids, spheres, ellipsoids, cylinders, or prisms.
However, Zhu teaches wherein the one or more stiffness modifiers (3,8,6; Figs.15-22) comprises a polygonal or circular cross-section in at least one plane, forming cuboids. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the rail pad of Eckert with the various shaped stiffness modifiers as in Zhu to achieve desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Regarding claim 19: Eckert teaches wherein at least one of the pad matrix and the at least one damping element comprises internal gaps or holes or other types of profile (Para.[0041] and [0043]). Eckert does not teach internal grooves.
However, Zhu teaches the rail pad according to claim 1, wherein at least one of the pad matrix and the at least one damping element comprises internal gaps or holes or grooves or other types of profile (various internal gaps, holes and grooves; Figs.5,7,8,18,19,22). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the rail pad of Eckert with the various shaped gaps, holes and grooves as in Zhu to achieve desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Regarding claim 21: Eckert does not teach wherein the grooves comprise rectilinear trajectories.
However, Zhu teaches wherein the grooves comprise rectilinear trajectories (Fig.7,8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the rail pad of Eckert with the rectilinear shaped grooves as in Zhu to achieve desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Regarding claim 22: Eckert does not teach wherein the groove comprise regular or irregular zigzag or curvilinear trajectories.
However, Zhu teaches wherein the groove comprise regular or irregular zigzag or curvilinear trajectories (Fig.22). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the rail pad of Eckert with the zig zag or curvilinear grooves as in Zhu to achieve desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Regarding claim 27: Eckert does not teach the step of introducing in the mold at least one stiffening modifier before performing the multi-step molding process.
However, Zhu teaches the use of at least one stiffening modifier (steel; Fig.3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Eckert with the addition of at least one stiffening modifier introduced in the mold before performing the multi-step molding process to achieve desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Eckert in view of Miessbacher (WO 2009073910 A2).
Regarding claim 25: Eckert does not teach wherein the gaps or holes or grooves or other types of profile of said pad matrix and/or the at least one damping element are filled with an elastomeric close-celled or open-celled foam.
However, Miessbacher teaches wherein the gaps or holes or grooves or other types of profile of said pad matrix and/or the at least one damping element are filled with an elastomeric close-celled or open-celled foam (15; Fig.5 and see attached EPO translation; Para.[0047]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the rail pad of Eckert with the use of foam within the rail pad to achieve desired stiffness of the rail pad for the applicable system environment and ensure longevity of components with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEAVEN BUFFINGTON whose telephone number is (703)756-1546. The examiner can normally be reached Monday-Friday 9:00am to 5:00pm ET.
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/HEAVEN R BUFFINGTON/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615