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 the Claims
Claims 1-20 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02 October 2023 was filed before the mailing date of the first Office Action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1, 3-4, 6-7, 9-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fries (US 20100258682 A1).
In regards to claim 1, Fries discloses a signal communication system, comprising:
a signaling lamp assembly (132) (Fig. 3) including a lamp (148) configured to generate light (para. [0089], lines 1-4) indicative of a status (para. [0117], lines 14-20) of a wayside device (108), the lamp configured to generate the light (para. [0089], lines 1-4) responsive to receiving an activation signal (para. [0049], lines 1-13);
a receiver device (136) (Fig. 3) configured to receive timing signals (para. [0107], “time stamp validation”) from one or more remote signal sources (para. [0049], lines 5-10), and to output a time indication (para. [0107], “time stamp validation”) based on the timing signals that are received (para. [0049], lines 5-10), the receiver (136) configured to output the time indication (para. [0107], “time stamp validation”) responsive to the lamp (148) receiving the activation signal (para. [0049], lines 1-13); and
a communication device (106) (Fig. 2) configured to send a status signal (para. [0040], lines 30-34) responsive to the lamp (148) receiving the activation signal (para. [0049], lines 1-13), the status signal indicating the status (para. [0117], lines 14-20) of the wayside device (108) and the time indication (para. [0107], “time stamp validation”).
In regards to claim 3, Fries discloses the signal communication system of claim 1, wherein the receiver device (136) (Fig. 3) and the communication device (106) are configured to be activated (para. [0108], lines 1-5, “may override”) while the lamp (148) receives the activation signal (para. [0049], lines 1-13), and the receiver device (136) and the communication device (106) are configured to be deactivated (para. [0108], lines 1-5, “may override”) (para. [0108], lines 15-25) while the lamp (148) does not receive the activation signal (para. [0108], lines 13-15).
In regards to claim 4, Fries discloses the signal communication system of claim 1, wherein the lamp (148) (Fig. 3) is configured to generate the light in a designated color or pattern to indicate the status of a light signal (para. [0143], lines 29-35) as the wayside device (108).
In regards to claim 6, Fries discloses the signal communication system of claim 1, wherein the communication device (106) (Fig. 2) includes a radio transmitter (para. [0021], lines 17-18).
In regards to claim 7, Fries discloses the signal communication system of claim 1, wherein the communication device (106) (Fig. 2) is configured to send the status signal to indicate a state of a switch (para. [0041]) disposed at an intersection between two or more routes (para. [0109, lines 6-7).
In regards to claim 9, Fries discloses the signal communication system of claim 1, wherein the communication device (106) (Fig. 2) is configured to send a unique identifier (para. [0075], lines 17-21) in the status signal (para. [0117], lines 14-20).
In regards to claim 10, Fries discloses the signal communication system of claim 1, wherein the communication device (106) (Fig. 2) is configured to wirelessly send the status signal (para. [0006]) to one or more vehicles (122).
In regards to claim 11, The signal communication system of claim 10, wherein the communication device (106) (Fig. 2) is configured to wirelessly send the status signal (para. [0006]) to one or more vehicles (122) while the signaling lamp assembly (132) is not visible (para. [0108], lines 23-25, “absence of a train… through a message”) to the one or more vehicles (122).
In regards to claim 12, Fries discloses a method, comprising:
generating light (para. [0089], lines 1-4) using a lamp (148) (Fig. 3) of a signaling lamp assembly (132) responsive to receiving an activation signal (para. [0049], lines 1-13), the light (para. [0089], lines 1-4) indicative of a status (para. [0117], lines 14-20) of a wayside device (108);
receiving timing signals (para. [0107], “time stamp validation”) at a receiver (136) of the signaling lamp assembly (132) from one or more remote signal sources (para. [0049], lines 5-10);
outputting a time indication (para. [0107], “time stamp validation”) based on the timing signals that are received by the receiver (136), outputting the time indication (para. [0107], “time stamp validation”) responsive to the lamp (148) receiving the activation signal (para. [0049], lines 1-13); and
communicating a status signal (para. [0040], lines 30-34) responsive to the lamp (148) receiving the activation signal (para. [0049], lines 1-13) using a communication device (106) (Fig. 2) of the signaling lamp assembly (132) (Fig. 3), the status signal indicating the status (para. [0117], lines 14-20) of the wayside device (108) and the time indication (para. [0107], “time stamp validation”).
In regards to claim 13, Fries discloses the method of claim 12, further comprising generating (para. [0108], lines 1-5, “may override”) the time indication (para. [0107], “time stamp validation”) and the status signal (para. [0040], lines 30-34) while the lamp (148) receives the activation signal (para. [0049], lines 1-13), and not generating (para. [0108], lines 1-5, “may override”) (para. [0108], lines 15-25) the time indication (para. [0107], “time stamp validation”) and the status signal (para. [0040], lines 30-34) while the lamp (148) does not receive the activation signal (para. [0108], lines 13-15).
In regards to claim 14, Fries discloses the method of claim 12, further comprising generating the light in a designated color or pattern to indicate the status of a light signal (para. [0143], lines 29-35) as the wayside device (108).
In regards to claim 15, Fries discloses the method of claim 12, further comprising communicating the status signal to indicate a state of a switch (para. [0041]) disposed at an intersection between two or more routes (para. [0109, lines 6-7).
In regards to claim 17, Fries discloses the method of claim 12, further comprising wirelessly transmitting or broadcasting (para. [0006]) the status signal (para. [0117], lines 14-20) to the one or more vehicles (122).
In regards to claim 18, Fries discloses the method of claim 17, further comprising wirelessly communicating (para. [0006]) the status signal (para. [0117], lines 14-20) to the one or more vehicles (122) while the signaling lamp assembly (132) is not visible (para. [0108], lines 23-25, “absence of a train… through a message”) to the one or more vehicles (122).
In regards to claim 19, Fries discloses a method, comprising:
generating a first signal (para. [0089], lines 1-4) using a signaling assembly (132) (Fig. 3) responsive to receiving an activation signal (para. [0049], lines 1-13), the first signal (para. [0089], lines 1-4) indicative of a status (para. [0117], lines 14-20) of a wayside device (108);
receiving timing signals (para. [0107], “time stamp validation”) at a receiver (136) of the signaling assembly (132) from one or more remote signal sources (para. [0049], lines 5-10);
outputting a time indication (para. [0107], “time stamp validation”) based on the timing signals that are received by the receiver (136), outputting the time indication (para. [0107], “time stamp validation”) responsive to the signaling assembly (132) receiving the activation signal (para. [0049], lines 1-13); and
communicating a status signal (para. [0040], lines 30-34) responsive to the signaling assembly (132) receiving the activation signal (para. [0049], lines 1-13) using a communication device (106) (Fig. 2) of the signaling assembly (132) (Fig. 3), the status signal indicating the status (para. [0117], lines 14-20) of the wayside device (108) and the time indication (para. [0107], “time stamp validation”).
In regards to claim 20, Fries discloses the method of claim 19, further comprising wirelessly transmitting or broadcasting (para. [0006]) the status signal (para. [0117], lines 14-20) to the one or more vehicles (122).
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) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fries (US 20100258682 A1) in view of Panuski (US 20210055101 A1).
In regards to claim 2, Fries teaches the signal communication system of claim 1, wherein the lamp (148), the receiver device (136), and the communication device (106) are
Fries does not teach wherein the lamp, the receiver device, and the communication device are configured to be disposed within an outer housing shaped to fit entirely within a recess of the wayside device.
Panuski teaches various devices (212, 216, 218) (Fig. 2) configured to be disposed within (para. [0024]) an outer housing (210) shaped to fit entirely within a recess (152) of the wayside device (150).
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 signal communication system of Fries to include configuring various devices to be disposed within an outer housing shaped to fit entirely within a recess of the wayside device as taught by Panuski with a reasonable expectation of success for the purpose of reducing the overall size of the device since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fries (US 20100258682 A1) in view of Xue (CN 110782683 A).
In regards to claim 5, Fries teaches the signal communication system of claim 1, wherein the receiver device (136) (Fig. 3)
Fries does not teach a location device.
Xue teaches a location device (see machine translation, para. [0051]).
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 receiver device of Fries to include a location device as taught by Xue with a reasonable expectation of success for the purpose of increasing data collected (see Xue, para. [0051], lines 3-4)
Allowable Subject Matter
Claims 8 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach the combination of limitations as recited in claim 8. Fries teaches the signal communication system of claim 1, wherein the receiver device (136) (Fig. 3) is configured to
Fries does not teach wherein the receiver device is configured to determine a geographic location based on the timing signals, and the communication device is configured to send the geographic location in the status signal.
It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the signal communication system of Fries to include the receiver device is configured to determine a geographic location based on the timing signals, and the communication device is configured to send the geographic location in the status signal. The Examiner finds no obvious reason to modify the signal communication system of Fries to meet the claimed limitation.
Thus, claim 8 is non-obvious in view of the prior art of record, however claim 8 is objected to as being dependent upon a rejected base claim.
The prior art fails to teach the combination of limitations as recited in claim 16 due to containing similar allowable limitations as claim 8, however claim 16 is objected to as being dependent upon a rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Houghton (US 20200017131 A1) discloses a solar powered cell network switch point indicator system.
King (US 20170291619 A1) discloses a mechanized signal mast.
Shields (US 20160381758 A1) discloses a system and method for controlling a wayside device.
Nagrodsky (US 20160335889 A1) discloses an integrated lamp assembly and method.
Cooper (US 20160107663 A1) discloses a system and method for configuring and updating wayside devices.
Kernwein (US 20150344048 A1) discloses a locomotive-to-wayside device communication system and method for a wayside device.
Malaska (US 8599040 B2) discloses a vehicle traffic signal transmission notification system for a driver.
Noffsinger (US 20120325980 A1) discloses a system and method for communicating with a wayside device.
Kernwein (AU 2008312724 B2) discloses a system and method to determine train location in a track network.
Donich (US 8032078 B1) discloses a wayside monitoring system.
Braband (WO 2011023481 A1) discloses a method for transmitting data from a track-side device to a vehicle.
Knott (US 20100063656 A1) discloses a train control method and system.
Kumar (US 20090212168 A1) discloses a system and method for transporting wayside data on a rail vehicle.
Mollet (US 20050253689 A1) discloses a remote system for monitoring and controlling railroad wayside equipment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES WILLIAM JONES whose telephone number is (571)270-7063. The examiner can normally be reached M-F: 11am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel 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.
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/JAMES WILLIAM JONES/ Examiner, Art Unit 3615
/S. Joseph Morano/ Supervisory Patent Examiner, Art Unit 3615