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 § 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(s) 9 is/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 claim 9 the phrase “the accelerating the EMDI vehicle” does not make sense. The claim is examined as best understood. Amending the claim to make clear what is meant by this limitation would overcome this rejection.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4-9, 11, 12, 20, 21, 27, & 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fifield (US 20180079436 A1).
Regarding claim 1 Fifield teaches a method of operating a rail system, the rail system (FIG. 1A: 100) having: a main track (FIG. 1B: 101 & 102), the main track having a coupling section (FIG. 1C: proximal to 130 and 131), a spur track connected to the main track (FIG. 1C: 122) by a first switch and a second switch (FIG. 1C: 130 & 131) disposed on opposite sides of a station (FIG. 1B: 103, FIG. 1C: 120; paragraphs 32 & 36), the station spaced from the main track and accessible by the spur track (FIG. 1C: depicted), the first switch proximate to the coupling section of the main track (FIG. 1C: depicted), the first switch changeable between a closed state in which a vehicle traveling on the spur track cannot access the main track and an open state in which a vehicle traveling on the spur track can access the main track (FIG. 2A-2G: depicted; paragraph 37; the phrase “FIG. 2A-2G” herein after referred to as “FIG. 2” for brevity), a train with a locomotive (FIG. 3: 300) and at least one passenger car (FIG. 4A: 400) coupled, directly or indirectly, behind the locomotive (FIG. 1B: 108 & 109; paragraph 31), and an embarkation/disembarkation (EMDI) vehicle releasably coupleable, directly or indirectly, behind the passenger car (FIG. 2: 127, 129, and others), in a first state of the rail system the first switch being in the closed state, the train moving along the main track in a direction of travel in which the first switch is past the station, at a first speed, the EMDI vehicle being disposed on the spur track adjacent to the station, and a passenger is located in the station, the method comprising: embarking the passenger from the station onto the EMDI vehicle; accelerating the EMDI vehicle on the spur track toward the first switch; after the train has moved past the first switch, the first switch then being changed from its closed state to its open state, exiting the EMDI vehicle from the spur track onto the main track via the first switch, behind the train; while traveling along the coupling section of the main track: accelerating the EMDI vehicle to a second speed, higher than the first speed; reducing a distance between the EMDI vehicle and the train until the EMDI vehicle reaches the passenger car; and coupling the EMDI vehicle to the passenger car (FIG. 2: depicted).
Regarding claims 2 & 8 Fifield teaches discharging the passenger from the EMDI vehicle into the passenger car via a passenger passage coupled to the EMDI vehicle (FIG. 4A: through 407; paragraph 48, it should be appreciated that the passenger car and the EMDI vehicle referenced in the claim are both passenger cars as taught by 400 in the prior art).
Regarding claims 4 & 11 Fifield teaches that the coupling section of the main track is configured to limit non-axial motion of the EMDI vehicle and the passenger car relative to a direction of travel (all rail systems are designed to prevent the cars from leaving the track, otherwise the rails would not work).
Regarding claim 5 Fifield teaches that the coupling the EMDI vehicle to the passenger car includes coupling via a coupler (FIG. 4A; 403; paragraph 44), the EMDI vehicle including an engagement mechanism configured to temporarily engage a receiving mechanism at a rear end of the passenger car (FIG. 4A: 403; the EMDI vehicle and passenger car claimed are both taught by the passenger car 400 of Fifield).
Regarding claim 6 Fifield teaches that a portion of the engagement mechanism is configured to be advanced from a front end of the EMDI vehicle toward the receiving mechanism of the passenger car prior to coupling the EMDI vehicle to the passenger car via the coupler (FIG. 4A: engagement mechanism 403 is always advanced from the front end of the car, advanced being understood to mean that it is positioned ahead of).
Regarding claim 7 Fifield teaches a method of operating a rail system (FIG. 1A: 100), the rail system having: a main track (FIG. 1b: 101 & 102), a spur track connected to the main track (FIG. 1C: 122) by a first switch and a second switch (FIG. 1C: 130 & 131) disposed on opposite sides of a station (FIG. 1B: 103, FIG. 1C: 120; paragraphs 32 & 36), the station spaced from the main track and accessible by the spur track (FIG. 1C: depicted), the first switch changeable between a closed state in which a vehicle traveling on the spur track cannot access the main track and an open state in which a vehicle traveling on the spur track can access the main track (FIG. 2: depicted; paragraph 37), a train with a locomotive and at least one passenger car coupled (FIG. 3 & 4A: 300 & 400), directly or indirectly, behind the locomotive (FIG. 1B: 108 & 109; paragraph 31), and an embarkation/disembarkation (EMDI) vehicle releasably coupleable, directly or indirectly, behind the passenger car (FIG. 2: 127, 129, and others), in a first state of the rail system the first switch being in the closed state, the train moving along the main track in a direction of travel in which the first switch is past the station, at a first speed, the EMDI vehicle being disposed on the spur track adjacent to the station, and a passenger is located in the station, the method comprising: embarking the passenger from the station onto the EMDI vehicle; accelerating the EMDI vehicle on the spur track toward the first switch; after the train has moved past the first switch, the first switch then being changed from its closed state to its open state, exiting the EMDI vehicle from the spur track onto the main track via the first switch, behind the train; accelerating the EMDI vehicle to a second speed, higher than the first speed; reducing a distance between the EMDI vehicle and the train until the EMDI vehicle reaches the passenger car (FIG. 2: depicted); advancing a portion of an engagement mechanism of the EMDI vehicle toward a receiving mechanism of the passenger car (FIG. 4A: 403); limiting non-axial motion of the EMDI vehicle and the passenger car relative to a direction of travel in response to the engagement mechanism of the EMDI vehicle engaging the receiving mechanism of the passenger car (limited by the engagement, the EMDI can not move in a non-axial direction beyond what the coupling permits); coupling the EMDI vehicle to the passenger car via a coupler (FIG. 4A: 403); and disengaging the engagement mechanism of the EMDI vehicle from the receiving mechanism of the passenger car after the coupling (structure allows for releasing).
Regarding claim 9 Fifield teaches that the main track includes a coupling section proximate the first switch (FIG. 1C: area of track around 130), the EMDI vehicle traveling along the coupling section of the main track from at least a portion of the accelerating the EMDI vehicle to the second speed to the coupling the EMDI vehicle to the passenger car (FIG. 2: depicted).
Regarding claim 12 Fifield teaches receiving data from at least one sensor during the reducing the distance between the EMDI vehicle and the passenger car (paragraph 6).
Regarding claim 20 Fifield teaches a method of operating a rail system, the rail system having: a main track, a spur track connected to the main track at two separated locations by a first switch and a second switch, a station spaced from the main track, accessible by the spur track, and disposed between the first switch and the second switch, a train with an electrically powered locomotive and a passenger car coupled, directly or indirectly, behind the locomotive, a first embarkation/disembarkation (EMDI) vehicle being releasably coupleable, directly or indirectly, behind the passenger car (see claim 1), the first EMDI vehicle including a first energy storage (FIG. 4A: 404; paragraph 49), and a second EMDI vehicle being releasably coupleable, directly or indirectly, behind the passenger car (FIG. 2: 129), the second EMDI vehicle including a second energy storage (same as the first EMDI vehicle), the rail system being in a first state in which the train is moving at a first speed along the main track, the first EMDI vehicle is coupled to the passenger car and is carrying a first passenger (FIG. 2A: depicted except for passenger, however, 127 is described as a passenger car so it may contain a passenger), and the second EMDI vehicle is at the station (FIG. 2: 129 depicted at station in FIG. 2A), has embarked a second passenger (allowed for by structure as described above), and the second energy storage is substantially fully charged (allowed for by structure), the method comprising: transferring electric power from the first energy storage of the first EMDI vehicle to the locomotive (paragraph 45, structure allows for power transfer between the locomotive and passenger cars/EMDI vehicles); before the train reaches the first switch, decoupling the first EMDI vehicle from the passenger car (FIG. 2: depicted); diverting the first EMDI vehicle from the main track onto the spur track via the first switch (FIG. 2: depicted); opening the second switch such that the second EMDI vehicle travels from the spur track onto the main track behind the passenger car, the second EMDI vehicle traveling along the main track at a second speed greater than the first speed such that a distance between the second EMDI vehicle and the passenger car is reduced until the second EMDI vehicle reaches the passenger car; coupling the second EMDI vehicle to the passenger car (FIG. 2: depicted); and transferring electric power for the second energy storage of the second EMDI vehicle to the locomotive (allowed for by structure, see above).
Regarding claim 21 Fifield teaches that each of the first energy storage and the second energy storage is at least one rechargeable battery (paragraph 49).
Regarding claim 27 Fifield teaches that the transferring electric power from the first energy storage includes transferring electric power until an energy level of the first energy storage falls below a threshold energy level (that threshold may be 99.9% and thus include any power transfer at all, the broadest reasonable interpretation of this unspecified threshold for power transfer allows it to be met by any power transfer at all).
Regarding claim 28 Fifield teaches decelerating the first EMDI vehicle to a stop at the station (paragraph 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) 22-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fifield (US 20180079436 A1).
Regarding claim 22 Fifield does not explicitly teach receiving, at the second energy storage and while the second EMDI vehicle is at the station, energy from an energy source accessible via the station.
However, Fifield does teach that the passenger cars may be powered (paragraph 40) and collecting power from a third rail or overhead powerline (paragraph 45). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have included a third rail or overhead powerline at the station and a corresponding connection on the passenger car as part of making the passenger car self powered as taught in paragraph 40.
Regarding claim 23 Fifield as modified above modified for claim 22 teaches allowing the first passenger to disembark the first EMDI vehicle while the first EMDI vehicle is stopped at the station (abstract); and receiving, at the first energy storage and while the first EMDI vehicle is at the station, energy from an energy source accessible via the station (see claim 22).
Regarding claim 24 Fifield as modified above does not explicitly teach that the energy source includes a solar panel array, at least a portion of the solar panel array being disposed along at least a portion of the main track.
However, official notice is taken that solar panel arrays are commonly known in the power source art. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have disposed solar panel arrays across the rail system, including along at least a portion of the main track and the station, as an energy source to reduce the cost of powering the rail system.
Regarding claim 25 Fifield as modified above teaches that the portion of the solar panel array disposed along at least the portion of the main track is a first portion of the solar panel array, a second portion of the solar panel array being disposed at the station (see above).
Regarding claim 26 Fifield as modified above teaches that the portion of the solar panel array disposed along at least the portion of the main track is a first portion of the solar panel array, a second portion of the solar panel array being coupled to the first EMDI vehicle, and a third portion of the solar panel array being coupled to the second EMDI vehicle (electrically coupled as taught in claims 22 & 23).
Claim(s) 3 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fifield (US 20180079436 A1) in view of Taylor et al. (US 0968289 A, herein after referred to as Taylor)
Regarding claims 3 & 10 Fifield does not explicitly teach that the main track includes rail having a first class and the coupling section of the main track includes rail having a second class higher than the first class. However, Taylor teaches the use of high speed rail (second class) and low speed rail (first class) (page 3, left column, lines 45-65). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively used the high and low speed rails of Taylor with the rail system of Fifield with the low speed rail on most of the main track to reduce cost and the high speed rail on the coupling section where the speed is highest because of the EMDI catching up to the locomotive.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fifield (US 20180079436 A1) in view of Bischof et al. (US 20050103940 A1, herein after referred to as Bischof).
Regarding claim 13 Fifield does not explicitly teach that the at least one sensor is a laser distance measuring sensor. However, Bischof does teach the use of laser distance measuring sensors for coupling objects (claim 18). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used a laser distance measuring sensors as taught by Bischoff for the sensors of Fifield because Fifield does not teach a specific sensor to use.
Claim(s) 14 & 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (KR 20180024495 A, herein after referred to as Choi) in view of Fifield (US 20180079436 A1).
Regarding claim 14 Choi teaches an apparatus, comprising: a stiffener (FIG. 3: 121, serves to stiffen in that it limits the axial displacement between the coupled cars which meets the broadest reasonable interpretation of the claimed limitations) movably coupled to a front-end portion of a vehicle (FIG. 4B: depicted coupled), the vehicle releasably coupleable, directly or indirectly, behind a passenger car of a train (FIG. 4: depicted releasably couplable); an actuator coupled to the vehicle (page 37, line 3, coupled by the coupling of the vehicles), the actuator configured to transition the stiffener between a first configuration and a second configuration when actuated (locked and unlocked); and a receiver coupled to a rear end portion of the passenger car (coupled by the coupler), the receiver configured to receive a portion of the stiffener when the stiffener is in the second configuration to limit non-axial motion of the vehicle and the passenger car relative to a direction of travel of the train (structure serves to limit non-axial motion by virtue of connecting the two vehicles at a limited distance from each other). Choi does not explicitly teach that the vehicle is an EMDI vehicle.
However, Fifield does teach the use of an EMDI vehicle (FIG. 2: depicted). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the coupler of Choi on an EMDI vehicle as taught by Fifield to reliably couple the EMDI vehicle and produce an efficient train system in addition to the original coupling system of Fifield for redundancy.
Regarding claim 16 Choi as modified above teaches that the receiver is configured to transition from a first configuration to a second configuration in response to receiving the portion of the stiffener, the receiver in the second configuration configured to retain the portion of the stiffener within the receiver (Choi, FIG. 4A & 4B: depicted).
Regarding claim 17 Choi as modified above does not explicitly teach that the receiver includes electromagnets, the receiver transitioning from the first configuration to the second configuration in response to the electromagnets being energized. However, official notice is taken that electrically driven actuators are commonly known in the actuator art and if an electrically driven actuator was used it would function as claimed. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used an electrically driven actuator as the actuator taught is unspecified and electrically driven actuators are simple and reliable.
Regarding claim 18 Choi as modified above teaches a system for coupling the EMDI vehicle to the passenger car of the train during locomotion (Fifield, FIG. 1A-2G: depicted), the system comprising: the apparatus of claim 14 (result of the combination); a sensor configured to sense an alignment of the EMDI vehicle relative to the passenger car (Choi, page 60); coupler having a first portion coupled to the EMDI vehicle and a second portion coupled to the passenger car; wherein the limiting of the non-axial motion when the portion of the stiffener in the second configuration is received in the receiver allowing each of the first portion and the second portion of the mechanical coupler and the first portion and the second portion of the power coupler to couple the EMDI vehicle to the passenger car during the locomotion (allowed for by structure). However, Choi as modified above does not explicitly teach both a mechanical and a power coupler, Fifield merely teaching that the cars can be coupled/decoupled (paragraphs 10 & 41) and that this is done through a computer system (paragraph 41) meaning that they must be powered and the way that they allow for passenger transfer means that they coupling must also be mechanical.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively duplicated the powered mechanical coupler of Fifield (thus providing a pair of couplers, both of which may be described as power and mechanical couplers) to provide redundant coupling to prevent dangerous accidental decoupling.
Regarding claim 19 Choi as modified above teaches that the stiffener is configured to transition from the second configuration to the first configuration in response to the mechanical coupler and the power coupler coupling the EMDI vehicle to the passenger car (configuration as a result of the combination allows for this behavior).
Claim(s) 15is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (KR 20180024495 A, herein after referred to as Choi) in view of Fifield (US 20180079436 A1) and further in view of Paxton (US 0953706 A).
Regarding claim 15 Choi as modified above does not teach that the stiffener is in a retracted position relative to the front-end portion of the EMDI vehicle when in the first configuration and is in an extended position relative to the front-end portion of the EMDI vehicle when in the second configuration.
However, Paxton teaches a means for retracting a stiffener (FIG. 2: 8). it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively included the retraction mechanism of Paxton with the apparatus of Choi as modified above in order to keep the stiffener out of the way when not in use.
Conclusion
Prior art made of record and not replied upon is considered pertinent to applicant’s disclosure. The references noted on the attached PTO 892 teach rail systems of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAXWELL L MESHAKA whose telephone number is (571)272-5693. The examiner can normally be reached Mon-Fri 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel J Morano IV can be reached on (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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/MAXWELL L MESHAKA/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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