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 .
Response to Arguments
Applicant’s amendments have resolved the previously presented claim objections and 112 issues from the Office Action of 2/13/26.
Applicant's arguments filed 5/8/26 have been fully considered but they are not persuasive.
Applicant asserts that “Ibarra’s motor drive circuit 106 is different in structure, function, and purpose from the claimed electronic switching device.” Applicant asserts that “the claimed electronic switching device is a separate, identifiable switching component, such as a solid-state relay […] configured to operate in different switching states (e.g. open state and closed state) and that provides contact state outputs for various applications.” With respect to applicant’s arguments on claim 1, it is noted that the features upon which applicant relies (e.g. particular operating states, providing contact state outputs for certain applications, being a solid-state relay) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The examiner notes that the switching device is a separate, identifiable switching component. It is a distinctly labelled and discussed element of Ibarra (specifically, element 106). Ibarra, and applicant’s own description of Ibarra, similarly highlights its functioning as a switching device e.g. in citing Para 0068, it is discussed that the switching device 106 “switches the polarity of the power to reverse motor direction” i.e. it functions to switch and operated in the various polarity/switching states. To the extent that applicant believes that the limitation requires more (e.g. “a discrete electronic switching device that provides user-programmable position-dependent contact states”), that is not present in the claim.
Second applicant argues that the programmable control unit of Ibarra is different from that claimed specifically, it appears, applicant is arguing that control unit 102 does not teach the required configuration. Applicant appears to be arguing a specific “user-programmed mapping between shaft positions and switching states”, concluding, “Ibarra does not disclose this combination”. However, here too, it is noted that the features upon which applicant relies (e.g. a specific “user-programmed mapping between shaft positions and switching states”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Lastly applicant argues the various purported technical benefits and unique problems addressed by applicant’s invention. However, the differences between the instant application and the prior art have not made their way to the prior art.
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) 1-4, 8, 10, 12-13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ibarra (US 20190351920 A1).
Regarding claim 1, Ibarra teaches crossing gate mechanism comprising:
an electric motor (Fig 4, motor 108) driving a main shaft (Fig 2, 4, shaft 112), wherein the main shaft is configured to couple to a crossing gate arm (Fig 2, gate arm 20, Para 0069),
a position detection unit configured to detect a position of the main shaft (Fig 3, sensor 114),
at least one electronic switching device configured to operate in different switching states (circuit 106, see Para 0068), and
a programmable control unit (Fig 3, controller 102) configured to control operation of the at least one switching device based on a detected position of the main shaft (Fig 3, sensor 114 feeds controller 102) in combination with a programmed switching state for the detected position (Fig 3, switching 106 interacts with 102, see Para 0068).
Regarding claim 2, Ibarra teaches wherein the position detection unit is configured to determine an angle of the main shaft (Para 0071).
Regarding claim 3, Ibarra teaches wherein the programmable control unit is configured to receive angular information from the position detection unit (Fig 3) and determine, based on the angle, a position of the main shaft (Para 0071).
Regarding claim 4, Ibarra teaches a user interface connected to the control unit for programming the different switching states based on different main shaft positions (Fig 3, interface 104).
Regarding claim 8, Ibarra teaches wherein the position detection unit comprises at least one sensor selected from an accelerometer, gyroscope, magnetometer, a proximity detector, a rotary encoder, and a combination thereof (Fig 3, encoder 120).
Regarding claim 10, Ibarra teaches a crossing gate system comprising:
one or more crossing gate arm(s) (Fig 2, gate arm 20, Para 0069), and
a crossing gate mechanism (see following elements) comprising:
an electric motor (Fig 4, motor 108) driving a main shaft (Fig 2, 4, shaft 112), wherein the main shaft is configured to couple to the one or more crossing gate arm(s) (Fig 2, gate arm 20, Para 0069),
a position detection unit configured to detect a position of the main shaft (Fig 3, sensor 114),
at least one electronic switching device configured to operate in different switching states (circuit 106, see Para 0068), and
a programmable control unit (Fig 3, controller 102) configured to control operation of the at least one switching device based on a detected position of the main shaft (Fig 3, sensor 114 feeds controller 102) in combination with a programmed switching state for the detected position (Fig 3, switching 106 interacts with 102, see Para 0068).
Regarding claim 12, Ibarra teaches wherein the programmable control unit is configured to receive angular information from the position detection unit (Fig 3) and determine, based on the angular information, a position of the main shaft (Para 0071).
Regarding claim 13, Ibarra teaches a user interface connected to the control unit for programming the different switching states based on different main shaft positions or other detected information (Fig 3, interface 104).
Regarding claim 15, Ibarra teaches wherein the at least one switching device is configured to provide an input for a motor control (Fig 3, input to controller and thus motor).
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) 5, 7, 9, 11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ibarra (US 20190351920 A1), in view of Nguyen (US 20180174449 A1).
Regarding claim 5, Ibarra is silent on wherein the at least one switching device comprises a solid-state relay.
Nguyen teaches wherein the at least one switching device comprises a solid-state relay (Para 0424, “one or more switches such as a relay or a system to provide an analogous or equivalent digital output signal (e.g. solid state relay. etc.).”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Ibarra by having one or more solid state relays as disclosed by Nguyen because it would be a simple substitution of one known element (the electrical circuit switch) for another (solid state relays) to obtain predictable results (switching functions in electrical devices).
Regarding claim 7, Ibarra teaches wherein the different switching states comprise an open state and a closed state (circuit 106 has been modified in the parent claim, see Para 0068 of Ibarra).
Regarding claim 9, Ibarra is silent on multiple electronic switching devices including the at least one electronic switching device.
Nguyen teaches multiple electronic switching devices (Para 0424, “one or more switches such as a relay or a system to provide an analogous or equivalent digital output signal (e.g. solid state relay. etc.).”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Ibarra by having one or more solid state relays as disclosed by Nguyen because it would be a simple substitution of one known element (the electrical circuit switch) for another (solid state relays) to obtain predictable results (switching functions in electrical devices).
Regarding claim 11, Ibarra is silent on multiple electronic switching devices including the at least one electronic switching device.
Nguyen teaches multiple electronic switching devices (Para 0424, “one or more switches such as a relay or a system to provide an analogous or equivalent digital output signal (e.g. solid state relay. etc.).”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Ibarra by having one or more solid state relays as disclosed by Nguyen because it would be a simple substitution of one known element (the electrical circuit switch) for another (solid state relays) to obtain predictable results (switching functions in electrical devices).
Regarding claim 14, Ibarra is silent on wherein the at least one switching device comprises a solid-state relay or electromechanical relay.
Nguyen teaches wherein the at least one switching device comprises a solid-state relay or electromechanical relay (Para 0424, “one or more switches such as a relay or a system to provide an analogous or equivalent digital output signal (e.g. solid state relay. etc.).”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Ibarra by having one or more solid state relays as disclosed by Nguyen because it would be a simple substitution of one known element (the electrical circuit switch) for another (solid state relays) to obtain predictable results (switching functions in electrical devices).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ibarra (US 20190351920 A1), in view of Sibley (US 3909632 A).
Regarding claim 5, Ibarra is silent on wherein the at least one switching device comprises a solid-state relay.
Sibley teaches wherein the at least one switching device comprises a solid-state relay (Column 2, line 30-31; Column 3, lines 39-50).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Ibarra by having one or more solid state relays as disclosed by Sibley because it would be a simple substitution of one known element (the electrical circuit switch) for another (solid state relays) to obtain predictable results (switching functions in electrical devices).
Regarding claim 6, Ibarra as modified teaches wherein the solid-state relay utilizes power semiconductor devices to switch between the different switching states (Column 2, line 30-31; Column 3, lines 39-50 and 56-59 of Sibley).
Regarding claim 7, Ibarra teaches wherein the different switching states comprise an open state and a closed state (circuit 106 has been modified in the parent claim, see Para 0068 of Ibarra).
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 THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
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, TARA SCHIMPF can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE N YAO/Primary Examiner, Art Unit 3676
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