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 .
Claim Rejections - 35 USC § 102
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) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brackmann (DE 102005003962 A1).
Brackmann discloses a rail body 2 having a web and a head connected to the web and a recess located in an exterior of the surface of the head, as shown at the top of the rail in figure 3. A rail box 3 is positioned next to the rail and as stated in the disclosure; “In the rail attachment box 3 it may, for example, a revision box, a heater box, a drainage box, a hose connection box for lubrication, an actuator box, a point closure box or an electrical connection box.” The Examiner has interpreted that the box be a heater box with heating elements 14 being set adjacent to the rail head with an interference fit, as shown in figures 1 and 3.
Claim Rejections - 35 USC § 103
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) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brackmann (DE 102005003962 A1) in view of Suss (DE 102017109635 A1).
Brackmann discloses the rail body and heating element as disclosed above. However, Brackmann does not show the use of a cladding to secure the heating element and seal an opening. Suss discloses a heating element 22a, 22b and 22c in various positions on a railway switch. Suss also shows a cladding in the recess with the heating elements to secure and seal them from damage. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied a cladding, like that of Suss, to heating elements, like that of Brackmann, with the expected result of securing and sealing the heating elements so as to prevent debris from interfering with the operation of the heater and also to prevent damage to the heaters.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00.
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, S. Joseph 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
February 25, 2026
