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.
Claims 1-16 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 a hollow sleeper having a cavity for “accommodating and possibly removing cables”. The term “possibly removing” does not add to the structure of the sleeper and it is unclear as to if the cables are removed or not. This leaves the claims vague and indefinite.
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, 2, 7-11, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lucarini (EP 3173523 A1).
Lucarini discloses a hollow, concrete sleeper 1 for use in railway tracks and comprised of a body having at least one upper bearing surface 12 for rails R1, R2 and
a cavity 4 surrounded by the body on at least three sides for accommodating and possibly removing cables, as shown in the cross section of figures 3 and 4. The cavity 4 is reinforced by a pipe of a plastic material.
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) 3-6, 12, 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lucarini (EP 3173523 A1) in view of Nose (WO 2021/243431).
Lucarini discloses the hollow, concrete sleeper as disclosed above. However, Lucarini does not specifically show the reinforcement components to be constructed of glass, carbon or ceramic fibers. Nose discloses a U-shaped sleeper constructed with glass fibers and/or carbon fibers as described in paragraph 00113. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized glass or carbon fibers, like that of Nose, and apply the materials to a hollow sleeper, like that of Lucarini, with the expected result of providing a light weight yet durable sleeper for continued use in various environments and elements.
Allowable Subject Matter
Claim 14 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00.
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, S. Joseph 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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/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
February 13, 2026
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