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 Claims
This action is in reply to the application filed on 09/06/2023. Claims 1-10 are currently pending and have been examined.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accorLuoce with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accorLuoce with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“quick unit connecting devices used for connecting the left robot grinding unit and the right robot grinding unit” in claim 1. Where in the instant case, each of the quick unit connecting devices are interpreted per the applicant’s disclosure in originally filed claim 4 and pp 0037 to include the following: comprises a connecting device base, a base, a rotating flange bearing, an electromagnet, unit connecting tightening nuts, an electromagnet tightening bolt, a rotatable flange, an end face gasket and unit connecting tightening bolts; the connecting device base is fixedly installed below the frame; the base is fixedly connected with the connecting device base through bolts, and the rotating flange bearing is installed on an outer ring of a protruding part of the base; the rotatable flange is installed on an outer ring of the rotating flange bearing; the electromagnet is fixedly installed on an inner ring of the protruding part of the base through the electromagnet tightening bolt; the end face gasket is fixedly installed at a position of an end face of the rotatable flange; and the unit connecting tightening nuts and the unit connecting tightening bolts are used for fixedly connecting two rotatable flanges.
“the shell component is fixedly installed on the frame and used for covering and protecting components inside the frame” in claim 1. Where in the instant case, the shell component is interpreted per the applicant’s disclosure in originally filed claim 8 and pp [0036] to include “the shell component comprises a shell, a front view glass, a side view glass and a rear door; the shell is fixedly installed around an outer side of the frame; the front view glass is fixedly installed in a front of the shell; the side view glass is fixedly installed on an outer side of the shell; and the rear door is installed at a rear of the frame through hinges”.
“the electric control component is fixedly installed on the frame and used for controlling the grinding position, grinding angle and grinding speed” in claim 1. Where in the instant case, the electric control component is interpreted per the applicant’s disclosure in originally filed claim 9 and pp [0045] to include “the electric control component comprises an electric control screen, an electric control outer shell and an electric control box; the electric control outer shell is fixedly installed above the frame; the electric control screen is fixedly installed in a front of the electric control outer shell; and the electric control box is fixedly installed in a front of the inner side of the frame”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-10 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 1, the limitation “A road-rail dual purpose quick disassembly and assembly type rail grinding maintenance robot, wherein the road-rail dual purpose quick disassembly and assembly type rail grinding maintenance robot comprises” and all of the recitations of the term “type” within the preambles of claims 2-10, are indefinite because the term “type” renders the claim indefinite as being a relative term. Per MPEP 2173.05(b)(III)(E) “The addition of the word "type" to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite”, where in the instant case, it is unclear what other “types” are of rail grinding is included. For purposes of examination the Office will interpret the limitation to read as “A road-rail dual purpose quick disassembly and assembly
Claims 2-10 are rejected as being dependent on claim 1.
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.
Claims 1, 5-6, 7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Luo et al (Chinese Patent Publication No. CN111661097), as evidenced by the machine translation of Luo, in view of Hu et al (Chinese Patent Publication No. CN110886270) as evidenced by the machine translation of Hu, and in further view of Xu et al (Chinese Patent Publication No. CN113445375) as evidenced by the machine translation of Xu, hereinafter referred to as Luo, Hu, and Xu, respectively.
Regarding claim 1, Luo discloses a road-rail dual purpose quick disassembly and assembly type rail grinding maintenance robot [Luo, fig 1, 300], wherein the road-rail dual purpose quick disassembly and assembly type rail grinding maintenance robot comprises a left robot grinding unit used for grinding a left rail [Luo, fig 1, 1]; a right robot grinding unit used for grinding a right rail [Luo, fig 1, 4]; quick unit connecting devices used for connecting the left robot grinding unit and the right robot grinding unit [Luo, fig 1, 13, where 13 is functionally equivalent to the claimed device because 13 performs the same function is substantially the same way in with substantially the same result of the claimed function being able to connected 1 and 4 together and to separate 1 and 4];
each of the left robot grinding unit and the right robot grinding unit [Luo, fig 1, 1 and 4] comprises a robot grinding device [Luo, fig 6, 20], a rail walking device [Luo, fig 1, 9], a frame [Luo, fig 1, 2], a shell component [Luo, fig 5, 400];
the robot grinding device is fixedly installed on an inner side of an upper part of the frame [Luo, fig 6, 20 is installed on the inner part of 1 and 4 on the upper portion of 1 and 4];
during working, a front end of the robot grinding device extends out from an inner side of the frame to a position of a rail, and full profile grinding of the rail is achieved by adjusting position and posture of the robot grinding device [Luo, abstract];
the rail walking device is fixedly installed at a bottom of the frame [Luo, fig 5, 9 is on the bottom of 1 and 4];
the shell component is fixedly installed on the frame and used for covering and protecting components inside the frame [Luo, fig 5, 400 is installed on each of 1 and 4 and protects at least 20, where the shell component is functionally equivalent because it performs the identical function as claimed in substantially the same way with substantially the same result].
Luo does not explicitly disclose each of the left robot grinding unit and the right robot grinding unit comprises road walking devices, and an electric control component; the road walking device is fixedly installed at the bottom of the frame; and the electric control component is fixedly installed on the frame and used for controlling the grinding position, grinding angle and grinding speed.
Regarding the road walking devices, Hu teaches a road-rail dual purpose rail grinding maintenance robot [Hu, fig 1], wherein the road-rail dual purpose grinding maintenance robot comprises a robot grinding unit used for grinding a rail [Hu, fig 1, items 1-12];
each of the left robot grinding unit and the right robot grinding unit comprises a robot grinding device [Hu, fig 1, 12], a rail walking device [Hu, fig 1, 10], road walking devices [Hu, fig 1, 7-9], a frame [Hu, fig 1, 3], and a shell component [Hu, fig 1, 2];
during working, a front end of the robot grinding device extends out from an inner side of the frame to a position of a rail [Hu, fig 1, 12 comprises at least one component to grind the inner portion of a rail];
the rail walking device is fixedly installed at a bottom of the frame [Hu, figs 1 and 7, 10 is installed at the bottom of 3] ;
the road walking device is fixedly installed at the bottom of the frame [Hu, figs 1 and 8, 7-9 are installed below 3];
the shell component is fixedly installed on the frame [Hu, fig 1, 2 is installed on 3].
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 device of Luo to further include the road walking devices with the rail walking devices as taught by Hu because this configuration eliminates waste of time by switching modes of operation along railway tracks which further leads to reduced safety hazards [Hu, page 7, pp’s 0011-0012, summarized].
Regarding the electric control component, Xu teaches a road-rail dual purpose rail grinding maintenance robot [Xu, fig 1], wherein the rail grinding maintenance robot comprises at least one robot grinding unit used for grinding a rail [Xu, fig 1, 3 and 5];
the robot grinding unit comprises a robot grinding device [Xu, fig 1, 3], a rail walking device [Xu, fig 1, 1], a frame [Xu, fig 1, 2 and 4], and an electric control component [Xu, figs 1 and 8, 5];
the robot grinding device is fixedly installed on an inner side of an upper part of the frame [Xu, fig 1, 3 is installed within the inner portion of the rail];
during working, a front end of the robot grinding device extends out from an inner side of the frame to a position of a rail [Xu, figs 1 and 3, showing 312 extends from the inside of the device and grinds the rail], and full profile grinding of the rail is achieved by adjusting position and posture of the robot grinding device [Xu, page 51, pp 0077];
the rail walking device is fixedly installed at a bottom of the frame [Xu, fig 1, 1 is installed at the bottom of 2 and 4]; and
the electric control component is fixedly installed on the frame [Xu, fig 1, 5 is installed on 2 and 4] and used for controlling the grinding position, grinding angle and grinding speed [Xu, pages 50-52, pp’s 0075, 0077, and 0078, where the electrical component is functionally equivalent because it performs the identical function as claimed in substantially the same way with substantially the same result].
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 each robot grinding device of Luo to include the electric control component as taught by Xu because this configuration allows for a user to comfortably control the mechanism when required to travel in two directions along a rail [Xu, page 52, pp’s 0078, summarized].
Regarding claims 5-6, Luo as modified further discloses the road-rail dual purpose quick disassembly and assembly type rail grinding maintenance robot according to claim 1, wherein the rail walking device comprises a rail front wheel and a rail rear wheel [Luo, fig 3, showing at least 9 on the front and rear of 1 and consequently 4];
the rail front wheel is fixedly installed in a front of the bottom of the frame [Luo, fig 3, showing 9 on the left]; and
the rail rear wheel is fixedly installed at a rear of the bottom of the frame [Luo, fig 3, showing 9 on the right] (clm 5); and
further comprising a rail front wheel dust board and a rail rear wheel dust board, wherein the rail front wheel dust board is fixedly installed on an inner side of the rail front wheel [Luo, figs 6-7, showing 400 has a component that is installed on the inner side of 9 on the front wheels of 9]; and the rail rear wheel dust board is fixedly installed on an inner side of the rail rear wheel [Luo, figs 6-7, showing 400 has a component that is installed on the inner side of 9 on the rear wheels of 9] (clm 6).
Regarding claim 7, Luo as modified further discloses the road-rail dual purpose quick disassembly and assembly type rail grinding maintenance robot according to claim 1, wherein each of the road walking devices [Hu, fig 8, 7-9] comprises a caster [Hu, fig 8, 8], a caster connecting piece [Hu, fig 8, connection between 7 and 2], a caster motor [Hu, page 34, rotary drive unit being an electric motor], a motor mounting plate [Hu, page 34, connection of electric motor], a caster rotating shaft [Hu, page 34, output shaft of electric motor], a caster fixing base [Hu, fig 8, 7] and a caster support plate [Hu, fig 8, plate of 2 that connects to 7];
the motor mounting plate is fixedly connected with the frame [Hu, the electric motor is connected via intermediate members to the frame 3];
the caster fixing base is fixedly connected with the frame [Hu, fig 8, 7 is connected to 3 via intermediate members];
an inner hole at an upper end of the caster connecting piece is connected with the caster fixing base through the caster rotating shaft [Hu, fig 8, the holes that bolts or fasteners that are between 2 and 7, and are connected via intermediate members];
the caster motor is fixedly connected with the motor mounting plate [Hu, fig 8, the electric motor is connected to 9 via at least a direct connection or an intermediate member];
an output shaft of the caster motor is connected with the caster rotating shaft through a coupling [Hu, fig 8, the electric motor of 9 must connect to 8 through a shaft in order to rotate 8]; and
the caster is fixedly installed below the caster connecting piece [Hu, fig 8, 8 is connected to the connection between 7 and 2 via intermediate members].
Regarding claims 9-10, Luo as modified further discloses the road-rail dual purpose quick disassembly and assembly type rail grinding maintenance robot according to claim 1, wherein the electric control component comprises an electric control screen [Xu, fig 8, 52 shows a screen], an electric control outer shell [Xu, fig 8, 51 shows a shell] and an electric control box [Xu, fig 8, 53];
the electric control outer shell is fixedly installed above the frame [Xu, fig 8, 51 is installed above 2];
the electric control screen is fixedly installed in a front of the electric control outer shell [Xu, fig 8, 52 is installed on the front of 51]; and
the electric control box is fixedly installed in a front of the inner side of the frame [Xu, fig 1, 1 is installed on two sides, including a front side, or rear side, which can change direction depending on the vantage point of the user] (clm 9); and
also comprising a battery box, wherein the battery box is fixedly installed at a rear of the inner side of the frame, and a rechargeable lithium battery is installed in the battery box [Xu, page 12, pp 0016 and page 50, pp 0075, 54] (clm 10).
Allowable Subject Matter
Claims 2-4 and 8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, Luo et al (Chinese Patent Publication No. CN111661097) teaches a robot grinding device [Luo, fig 6, 20].
Xu et al (Chinese Patent Publication No. CN113445375) teaches a robot grinding device [Xu, figs 2-3, 3] comprising a grinding wheel motor [Xu, fig 3, 32], a mechanical arm motor [Xu, fig 3, 331], a secondary mechanical arm [Xu, fig 3, 341], a gear transmission shaft [Xu, fig 3, 343], and a grinder [Xu, fig 3, 312].
The prior art considered as a whole, alone or in combination, neither anticipates nor renders obvious “one end of the mechanical arm joint is installed on a lower end face of the primary mechanical arm, another end of the mechanical arm joint is installed on an upper end face of the secondary mechanical arm, and the primary mechanical arm is hinged and matched with the secondary mechanical arm; the upper connecting flange is hinged with the secondary mechanical arm through the mechanical arm joint; an upper end of the flange support plate is fixedly connected with the upper connecting flange, and a lower end of the flange support plate is fixedly connected with the lower connecting flange” together in combination with the rest of the limitations of the claim and in the independent claim.
Claim 3 would be allowed as being dependent on claim 2.
Regarding claim 4, Luo et al (Chinese Patent Publication No. CN111661097) teaches a quick unit connecting devices used for connecting the left robot grinding unit and the right robot grinding unit [Luo, fig 1, 13]. However, Luo does not teach the claimed configuration of the quick unit connecting device(s).
Therefore, the prior art considered as a whole, alone or in combination, neither anticipates nor renders obvious “an electromagnet … the electromagnet is fixedly installed on an inner ring of the protruding part of the base through the electromagnet tightening bolt ” together in combination with the rest of the limitations of the claim and in the independent claim.
Regarding claim 8, Luo et al (Chinese Patent Publication No. CN111661097) teaches a shell [Luo, figs 5-6, 400]. However, Luo does not teach the glass and configuration of the shell as claimed.
The prior art considered as a whole, alone or in combination, neither anticipates nor renders obvious “the front view glass is fixedly installed in a front of the shell; the side view glass is fixedly installed on an outer side of the shell; and the rear door is installed at a rear of the frame through hinges.” together in combination with the rest of the limitations of the claim and in the independent claim.
Conclusion
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/ROBERT F NEIBAUR/Primary Examiner, Art Unit 3723
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