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 .
Election/Restrictions
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 24, 2026.
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 1-15 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.
Claim 1 recites the limitations "…the dimensions and arranged elements…" in line 8 of the claim, “…the geometry” in line of the claim 9, and “…the assembly of the new hopper” in line 11 of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim 9 recites the limitation "…the union by means of a corner plate” in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "…the half round connection” in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "…the union by means of a corner plate” in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "…the corner plate” in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitations "…the assembly of the drive mechanisms…" in line 2 of the claim, “…the gate” in line of the claim 2, “…the shaft and the gate” in line 3 of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim 14 recites the limitation "…the material” in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "…the outer face” in lines 2 and 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jones et al. (US 12024211) discloses a railway car having a hopper having a unitary multi-gate assembly that is supported within a cargo discharge portion of the car body.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAYAN SALONE whose telephone number is (571)270-7739. The examiner can normally be reached M-F 9-60 PM.
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, David Bryant can be reached at (571)272-4526. 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.
/BAYAN SALONE/Primary Examiner, Art Unit 3726
Prosecution Insights