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 1-8 are pending. Claims 1 and 5-8 are currently amended. The 35 U.S.C. 103 rejection of claims 1-8 are maintained. A response to applicant’s remarks filed 18 March 2026 can be found at the end of this Office Action. This Office Action is Final.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Applicant is advised that should claim 6 be found allowable, claims 7-8 will be objected to under 37 CFR 1.75 as being substantial duplicates thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claim 5-8 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 5 recites the limitation "the upper metal fitting" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. Claims 6-8 are rejected as being dependent on, and failing to cure the deficiencies of rejected independent claim 5.
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) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hirano (JP 2013189097 A) in view of Alden (US 1751065 A) and Zhou (US 20180345996 A1).
In regards to claim 1, Hirano teaches a straddle type monorail vehicle comprising:
a vehicle body (15) (Fig. 2) including a center pin (18) (Fig. 3) fixed in a mode of being suspended from a bolster beam (14, 16) forming a floor portion (as seen in Fig. 3);
a bogie (as seen in Fig. 2) including a center pin holding portion (74) into which a lower end portion (as seen in Fig. 8) of the center pin (18) is inserted in order to support the vehicle body; and
a fixing metal fitting (26), a lower metal fitting (24), and an
wherein the center pin has a hollow shape in which both ends are opened (as seen in Fig. 8), and includes a large cylindrical portion on the bolster beam side (see annotated Fig. 8 below) and a small cylindrical portion (see annotated Fig. 8 below) that is connected to the large cylindrical portion and that is coaxial with the large cylindrical portion (as seen in Fig. 8),
wherein the center pin holding portion (74) is elastically supported by a bogie frame (70) forming a frame body of the bogie, and has a hollow portion into which the small cylindrical portion of the center pin (18) is inserted (as seen in Fig. 8),
wherein the fixing metal fitting (26) has a cylindrical rod shape inserted through (as seen in Fig. 8) the center pin (18),
wherein the lower metal fitting (24) is disposed below the center pin holding portion (74), and
wherein, in a state (as seen in Fig. 8) in which
Hirano does not teach a first threaded portion at an upper end portion; and threadedly engaging a nut with the first threaded portion that penetrates through the hole.
Alden teaches a first threaded portion at an upper end portion (pg. 2, col. 1, lines 36-39); and threadedly engaging a nut (22) with the first threaded portion (pg. 2, col. 1, lines 36-39) that penetrates through the hole (as seen in Fig. 1).
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 center pin of Hirano to include a first threaded portion at an upper end portion of the center pin as taught by Alden with a reasonable expectation of success for the purpose of increasing the ease of assembly (pg. 1, col. 1, lines 13-16).
Hirano does not teach an upper metal fitting is disposed within the bolster beam and disposed on an upper end surface of the center pin, and has a hole through which a portion penetrates wherein the upper metal fitting is biased toward an upper end of the center pin.
Zhou teaches an upper metal fitting (40) (Fig. 5) disposed within (as seen in Fig. 5) the bolster beam (1) and disposed on an upper end surface (as seen in Fig. 5) of the center pin (9) (Fig. 5), and has a hole (34) through which a portion penetrates (as seen in Fig. 5, bolt 35 passes through upper metal fitting 40 into hole 34) wherein the upper metal fitting (40) is biased toward an upper end (as seen in Fig. 5) of the center pin (39).
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 center pin of Hirano to include an upper metal fitting as taught by Zhou with a reasonable expectation of success for the purpose of increasing the ease of assembly (see Zhou, para. [0053], lines 24-26).
Hirano does not teach a second threaded portion formed at a lower end portion; and the lower metal fitting has a female threaded hole to be threadedly engaged with the second threaded portion.
Zhou teaches a second threaded portion (36) (Fig. 6) formed at a lower end portion (as seen in Fig. 6); and the lower metal fitting (27) has a female threaded hole (37) to be threadedly engaged (para. [0053], lines 16-20) with the second threaded portion (36).
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 center pin of Hirano to include a second threaded portion and a female threaded hole as taught by Zhou with a reasonable expectation of success for the purpose of increasing the stability and resistance of the assembly (para. [0005]).
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In regards to claim 2, the combination of Hirano as modified by Alden and Zhou above teaches the straddle type monorail vehicle according to claim 1, wherein the first threaded portion (Alden, pg. 2, col. 1, lines 36-39) of the fixing metal fitting (26) (Hirano, Fig. 8)
the second threaded portion (36) (Zhou, Fig. 6) of the fixing metal fitting (26) (Hirano, Fig. 8)
Hirano does not explicitly teach the first threaded portion including a coarse thread, and the second threaded portion including a fine thread.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a coarse thread for the first threaded portion and a fine thread for the second threaded portion with a reasonable expectation of success for the purpose of increasing the ease of assembly, since such a modification of the dimensions involves only routine skill in the art. A change in dimensions that does not significantly affect performance is generally recognized as being within the level of ordinary skill in the art. In Gardner v.TEC Syst., 469 U.S. 830, 220 USPQ 777 (Fed. Cir. 1984). See MPEP § 2144.04(IV)(A).
In regards to claim 3, the combination of Hirano as modified by Alden and Zhou above teaches the straddle type monorail vehicle according to claim 1, wherein in the center pin (18) (Hirano, Fig. 8), a hollow tapered portion (Hirano, as seen in Fig. 8) is disposed between the large cylindrical portion and the small cylindrical portion (Hirano, see annotated Fig. 8 above).
In regards to claim 4, the combination of Hirano as modified by Alden and Zhou above teaches the straddle type monorail vehicle according to claim 1, wherein an annular or tubular cushioning rubber (50) (Hirano, Fig. 8) is interposed between (Hirano, as seen in Fig. 8) the center pin (18) (Hirano, Fig. 8) and the center pin holding portion (74) (Hirano, Fig. 8).
In regards to claim 5, Hirano teaches an assembly method of a straddle type monorail vehicle comprising:
allowing a fixing metal fitting (26) (Fig. 8) to penetrate through a center pin (18) from an opening (as seen in Fig. 4) formed in a bolster beam (14, 16) (Fig. 3), and
Hirano does not teach threadedly engaging a second threaded portion with a female threaded hole of a lower metal fitting; and an upper metal fitting disposed within the bolster beam.
Zhou teaches threadedly engaging (Zhou, para. [0053], lines 16-20) a second threaded portion (36) (Zhou, Fig. 6) with a female threaded hole (37) (Zhou, Fig. 6) of a lower metal fitting (24); and an upper metal fitting (40) (Fig. 5) disposed within (as seen in Fig. 5) the bolster beam (1).
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 center pin of Hirano to include a second threaded portion, a female threaded hole, and an upper metal fitting as taught by Zhou with a reasonable expectation of success for the purpose of increasing the stability and resistance of the assembly (para. [0005]).
Hirano does not teach a step of threadedly engaging a nut with the first threaded portion after passing the first threaded portion of the fixing metal fitting through a hole of the upper metal fitting; and a step of tightening the nut until an upper end portion of the fixing metal fitting protrudes by a determined dimension from an upper end surface of the nut.
Alden teaches a step of threadedly engaging (Alden, pg. 2, col. 1, lines 36-39) a nut (22) (Alden, Fig. 1) with a first threaded portion (Alden, pg. 2, col. 1, lines 36-39) after passing the first threaded portion (Alden, pg. 2, col. 1, lines 36-39) of the fixing metal fitting (26) (Hirano, Fig. 8) through the hole (Alden, as seen in Fig. 1) of the upper metal fitting (23) (Alden, Fig. 1); and a step of tightening the nut (22) (Alden, Fig. 1) until an upper end portion of the fixing metal fitting (26) (Hirano, Fig. 8) protrudes (Alden, as seen in Fig. 1) by a predetermined dimension from an upper end surface of the nut (22) (Alden, Fig. 1).
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 center pin of Hirano to include a first threaded portion at an upper end portion of the center pin as taught by Alden with a reasonable expectation of success for the purpose of increasing the ease of assembly (pg. 1, col. 1, lines 13-16).
In regards to claim 6, the combination of Hirano as modified by Alden and Zhou above teaches an assembly method of the straddle type monorail vehicle according to claim 5, the assembly method comprising:
a step of allowing the fixing metal fitting (26) (Fig. 8) to penetrate through the center pin (18) from an opening (as seen in Fig. 4) formed in the bolster beam (14, 16) (Fig. 3), and threadedly engaging (Zhou, para. [0053], lines 16-20) the second threaded portion (36) (Zhou, Fig. 6) with the female threaded hole (37) (Zhou, Fig. 6) of the lower metal fitting (24);
a step of threadedly engaging (Alden, pg. 2, col. 1, lines 36-39) the nut (22) (Alden, Fig. 1) with the first threaded portion (Alden, pg. 2, col. 1, lines 36-39) after passing the first threaded portion (Alden, pg. 2, col. 1, lines 36-39) of the fixing metal fitting (26) (Hirano, Fig. 8) through the hole (Alden, as seen in Fig. 1) of the upper metal fitting (40) (Zhou, Fig. 5); and
a step of tightening the nut (22) (Alden, Fig. 1) until an upper end portion of the fixing metal fitting (26) (Hirano, Fig. 8) protrudes (Alden, as seen in Fig. 1)by a predetermined dimension from an upper end surface of the nut (22) (Alden, Fig. 1).
In regards to claim 7, the combination of Hirano as modified by Alden and Zhou above teaches an assembly method of the straddle type monorail vehicle according to claim 6, the assembly method comprising:
a step of allowing the fixing metal fitting (26) (Fig. 8) to penetrate through the center pin (18) from an opening (as seen in Fig. 4) formed in the bolster beam (14, 16) (Fig. 3), and threadedly engaging (Zhou, para. [0053], lines 16-20) the second threaded portion (36) (Zhou, Fig. 6) with the female threaded hole (37) (Zhou, Fig. 6) of the lower metal fitting (24);
a step of threadedly engaging (Alden, pg. 2, col. 1, lines 36-39) the nut (22) (Alden, Fig. 1) with the first threaded portion (Alden, pg. 2, col. 1, lines 36-39) after passing the first threaded portion (Alden, pg. 2, col. 1, lines 36-39) of the fixing metal fitting (26) (Hirano, Fig. 8) through the hole (Alden, as seen in Fig. 1)of the upper metal fitting (40) (Zhou, Fig. 5); and
a step of tightening the nut (22) (Alden, Fig. 1) until an upper end portion of the fixing metal fitting (26) (Hirano, Fig. 8) protrudes (Alden, as seen in Fig. 1)by a predetermined dimension from an upper end surface of the nut (22) (Alden, Fig. 1).
In regards to claim 8, the combination of Hirano as modified by Alden and Zhou above teaches an assembly method of the straddle type monorail vehicle according to claim 4, the assembly method comprising:
a step of allowing the fixing metal fitting (26) (Fig. 8) to penetrate through the center pin (18) from an opening (as seen in Fig. 4) formed in the bolster beam (14, 16) (Fig. 3), and threadedly engaging (Zhou, para. [0053], lines 16-20) the second threaded portion (36) (Zhou, Fig. 6) with the female threaded hole (37) (Zhou, Fig. 6) of the lower metal fitting (24);
a step of threadedly engaging (Alden, pg. 2, col. 1, lines 36-39) the nut (22) (Alden, Fig. 1) with the first threaded portion (Alden, pg. 2, col. 1, lines 36-39) after passing the first threaded portion (Alden, pg. 2, col. 1, lines 36-39) of the fixing metal fitting (26) (Hirano, Fig. 8) through the hole (Alden, as seen in Fig. 1)of the upper metal fitting (40) (Zhou, Fig. 5); and
a step of tightening the nut (22) (Alden, Fig. 1) until an upper end portion of the fixing metal fitting (26) (Hirano, Fig. 8) protrudes (Alden, as seen in Fig. 1)by a predetermined dimension from an upper end surface of the nut (22) (Alden, Fig. 1).
Response to Arguments
Applicant’s arguments filed 18 March 2026 in regards to the newly amended claim language of claim 1 requiring that the that the upper metal fitting is disposed within the bolster beam and disposed on an upper end surface of the center pin has been fully considered.
Applicant argues that Alden does not teach an upper metal fitting disposed within the bolster beam and disposed on an upper end surface of the center pin.
The examiner responds in agreement, and presents the above rejections utilizing Zhou instead of Alden to teach the upper metal fitting disposed within the bolster beam and disposed on an upper end surface of the center pin.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JAMES WILLIAM JONES whose telephone number is (571)270-7063. The examiner can normally be reached M-F: 11am-7pm.
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, Samuel Morano can be reached at (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES WILLIAM JONES/ Examiner, Art Unit 3615
/S. Joseph Morano/ Supervisory Patent Examiner, Art Unit 3615
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