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
The Examiner acknowledges that the current application is a Continuation-In-Part of US Application No. 17/489,923, filed on 30 Sep. 2021, is a Continuation-In-Part of US Application No. 17/237,686, filed on 22 Apr. 2021, and is a Continuation-In-Part of US Application No. 17/585,719, filed on 27 Jan. 2022, which is a Continuation-In-Part of 16/722,281, filed on 20 Dec. 2019 (now US Patent No. 11,270,130), which is a Continuation-In-Part of US Application No. 15/651,067, filed on 17 Jul. 2017 (now US Patent No. 10,558,865), which claims priority to US Provisional Application No. 62/371,609, filed on 5 Aug. 2016. This application is also a Continuation-In-Part of U.S. Application No. 17/203,466, filed on 16 Mar. 2021, which claims priority to U.S. Provisional Application No. 62/993,274, filed on 23 Mar. 2020. This application also is a Continuation-In-Part of US Application No. 17/532,522, filed on 22 Nov. 2021, which claims priority to U.S. Provisional Application No. 63/122,701, filed on 8 Dec. 2020. Since the subject matter in the parent case has been modified (hence the "in part" aspect of the "continuation"), the Examiner assumes that the claims in the current application are at least partially related to the new subject matter presented in the current specification. Consequently, the effective filing date of the current application will be considered as the actual filing date of the current application, namely 10/19/2023. In the event that a prior art reference used in a rejection does not precede the earlier filing date of the parent application, the Examiner will carefully examine the subject matter of any affected claims to ensure that the earlier filed parent application does not provide sufficient support for the indicated subject matter. If such a situation arises and the Applicant disagrees with the Examiner regarding the lack of support from the parent case, the Applicant has the option to indicate the specific location(s) within the alleged support for those particular claims in their response to the Examiner. By doing so, the Examiner could consider whether there is sufficient support to justify reverting the effective filing date for those specific claims back to the actual filing date of the parent application. Additionally, it is worth noting that while not mandatory, if the Applicant submits a marked-up version of the current application's specification, highlighting the changes made in comparison to the specification of the parent case, it would greatly enhance the efficiency of determining the effective filing dates for individual claims. This way, the Examiner can promptly identify the additions, deletions, or other modifications in subject matter between the parent case's specification and the current specification.
Election/Restrictions
Claims 14 – 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 12/29/2025.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 1, 4 – 6, 8, 13 are objected to because of the following informalities:
As per claim 1,
Line 3 – 4 should read “a first propulsion system configured to propel the unoccupied control vehicle along a route, and optionally to stop or slow the unoccupied control vehicle;” because the limitation “unoccupied control vehicle” was previously introduced in claim 1, line 1.
Line 7 – 11 should read “a controller having one or more processors and that is configured to autonomously control the first propulsion system to move the unoccupied control vehicle along one or more routes, and to interface with and couple to a driver-operable vehicle that has a second propulsion system, and the controller is configured further to obtain control over the second propulsion system while the unoccupied control vehicle is interfaced and coupled with the driver-operable vehicle.” for same reason above.
Claim 4 should read “wherein the controller is configured to automatically control movement of the unoccupied control vehicle according to signals received from one or more of an off-board transportation management network system, another control vehicle, or wayside equipment.”
Claim 5 should read “wherein the controller is configured to automatically control movement of the unoccupied control vehicle based at least in part on signals received from one or more sensors onboard the unoccupied control vehicle.”
Claim 6 should read “wherein the controller is configured to automatically control movement of the unoccupied control vehicle based at least in part on signals received from one or more sensors offboard the unoccupied control vehicle”
Claim 8 should read “wherein the unoccupied control vehicle is a multi-terrain system configured to propel the unoccupied control vehicle along two or more different categories of routes, and the controller is configured further to switch operating modes from a track capable operating mode to road capable operating mode.”
Claim 13 should read “wherein the controller is configured further to control the driver-operable vehicle to one or more of: sand the route and thereby to increase its tractive effort, to annunciate by activating its horn, and drag charge a battery on the unoccupied control vehicle.”
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 - 13 are rejected under 35 U.S.C. 103 as being unpatentable over Filippone, Claudio (Publication No. US 20190256113 A1; hereinafter Filippone) in view of Cooper et al. (Publication No. US 20190276055 A1; hereinafter Cooper).
Regarding to claim 1, Filippone teaches A vehicle system, comprising an unoccupied control vehicle with no onboard driver (see fig. 1, “autonomous vehicle 1”) and having:
a first propulsion system configured to propel the control vehicle along a route, and optionally to stop or slow the control vehicle; ([Par. 0008], “rail vehicle 1 can be equipped with an autonomous power supply and propulsion system leveraging powered the coupling of an internal combustion engine with a battery recharging system, as normally equipping hybrid fossil-fueled and electric cars. The rail vehicle 1 can be magnetically “paired” to the locomotive (e.g. head locomotive), to wirelessly—or through transmission via tracks, provide visual and acoustic information via user interface to locomotive operators to ensure the locomotive has sufficient time to avoid collisions or derailment.”)
one or more onboard power sources configured to generate, store or both generate and store energy for powering at least the first propulsion system; ([Par. 0008], “rail vehicle 1 can be equipped with an autonomous power supply and propulsion system leveraging powered the coupling of an internal combustion engine with a battery recharging system, as normally equipping hybrid fossil-fueled and electric cars. The rail vehicle 1 can be magnetically “paired” to the locomotive (e.g. head locomotive), to wirelessly—or through transmission via tracks, provide visual and acoustic information via user interface to locomotive operators to ensure the locomotive has sufficient time to avoid collisions or derailment.” and
a controller having one or more processors and that is configured to autonomously control the first propulsion system to move the control vehicle along one or more routes, ([Par. 0031], “an autonomous scouting rail vehicle 1 that can travel in a rail track 4 ahead of a locomotive 26 to detect any defect 27 or obstruction 28 in rail track 4 or any other unsafe condition in the path of locomotive 26. In an exemplary embodiment, rail vehicle 1 may travel at a distance proportional to the locomotive's speed and its real-time braking capabilities at the locomotive's operating conditions (e.g., function of speed and total mass to be stopped), such that, upon detection of an unsafe condition, the locomotive operator can have sufficient time to stop locomotive 26 and avoid an accident.”; [Par. 0046], “Rail vehicle 1 may be fully autonomous and equipped with features that enable its rapid positioning on, or removal from, rail tracks. Railroad networks are mapped in rail vehicle 1 computer interfaced with automotive sensing equipment (e.g., LIDAR, RADAR, ultrasonic and video cameras) to define its surroundings and verify rail track viability. In addition to equipment dedicated to execute autonomous and driverless operations, rail vehicle 1 can be equipped with non-disruptive non-contact sensors and analyzers dedicated to detect track flaws.” This implies that the autonomous rail vehicle 1 is fully controlled by a dedicated computer system) and to interface with and couple to a driver-operable vehicle that has a second propulsion system, ([Par. 0033], “Rail vehicle 1 is paired with one or more locomotives 26. For example, rail vehicle 1 may be magnetically and wirelessly coupled to locomotive 26. Based on a global positioning system (GPS)and pre-mapped rail-track networks, rail vehicle 1 may automatically disconnect from locomotive 26and accelerate to travel at variable distances ahead of locomotive 26 to continuously scan for track anomalies, including track obstructions and track defects, as shown in, e.g., FIG. 2.” This should be understood as the locomotive 26 is driver-operable vehicle and has its own propulsion system because it is a movable, separate entity to the rail vehicle 1.) and
Filippone further teaches to directly actuate emergency braking system of the locomotive as described in par. [0031] but does not explicitly disclose the controller is configured further to obtain control over the second propulsion system while the control vehicle is interfaced and coupled with the driver-operable vehicle.
However, Cooper teaches the controller is configured further to obtain control over the second propulsion system while the control vehicle is interfaced and coupled with the driver-operable vehicle. ([Par. 0418 – 0419], “the lead vehicle 2502 may or may not be disposed at the front end of the vehicle consist 2500 (e.g., along a direction of travel of the vehicle consist 2500). Additionally, the remote vehicle2504 need not be separated from the lead vehicle 2502. For example, the remote vehicle 2504 maybe directly coupled with the lead vehicle 2502 or may be separated from the lead vehicle 2502 by one or more other remote vehicles 2504 and/or vehicles 2506. [0419] The operational command messages may include directives that direct operations of the remote vehicle 2504. These directives can include propulsion commands that direct propulsion systems of the remote vehicle 2504 to move in a designated location, at a designated speed, and/or power level, brake commands that direct the remote vehicles to apply brakes at a designated level, and/or other commands. The lead vehicle 2502 issues the command messages to coordinate the tractive efforts and/or braking efforts provided by the vehicles 2502, 2504 to propel the vehicle consist2500 along a route 2508, such as a track, road, waterway, or the like.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to modify Filippone to incorporate the teaching of Cooper. It would have been obvious because Filippone already discloses an autonomous control vehicle that exerts operational control over a coupled driver-operable vehicle (e.g., braking), and Cooper teaches that propulsion systems of coupled vehicles are routinely controlled via command signals to coordinate movement. Applying Cooper’s propulsion control to Filip’s control interface is a predictable use of known techniques to achieve coordinated vehicle operation.
Regarding to claim 2, the combination of Filippone and Cooper teaches the system of claim 1.
Filippone teaches the autonomous rail vehicle to lead the locomotive as described in claim 1 above.
Cooper further teaches wherein the controller is configured further to interface with a positive vehicle control system, and the driver-operable vehicle is not equipped to interface with the positive vehicle control system except through the controller. ([Par. 0524], “the PTC system 4006 on the lead vehicle 4002 may determine the movement adjustments to be made based on the travel restrictions along the route. The PTC system on the lead vehicle may communicate with the remote vehicles of the vehicle system to coordinate movements by utilizing the communication device 4018 of the first vehicle control system 4004. For example, the communication device 4018 may communicate with the remote vehicles via the communications links that are established as described herein. Therefore, the PTC system 4006 may cooperate with the vehicle control system 4004 to autonomously coordinate control of the vehicles in the vehicle system.” this is interpreted as the PCT communicates vehicle identifiers and movement authority to the lead vehicle controller, which then coordinates with the remote vehicles.)
The mapping is understood as Filip discloses an autonomous rail vehicle configured to physically interface with and lead a locomotive during operation (see, e.g., pars. [0031]–[0033]). However, Filip does not disclose that the lead vehicle interfaces with a positive vehicle control system. Cooper cures this deficiency by disclosing that a lead vehicle communicates directly with a positive train control (PTC) system and uses the received movement authority and restriction information to control one or more remote vehicles, where the remote vehicle corresponds to the locomotive traveling behind the lead vehicle. In Cooper, PTC-based movement control is mediated through the lead vehicle rather than requiring each remote vehicle to directly interface with the PTC system. As such, the remote vehicle may be equipped with propulsion and braking systems responsive to control commands, but is not required to independently interface with the PTC system, thereby satisfying the limitation that the driver-operable vehicle interfaces with the PTC system only through the controller.
Regarding to claim 3, the combination of Filippone and Cooper teaches the system of claim 2.
Cooper further teaches wherein the positive vehicle control system is a positive train control (PTC) system and obtaining control over the second propulsion system comprises switching from one operating mode to another operating mode. (([Par. 0418 – 0419], “the lead vehicle 2502 may or may not be disposed at the front end of the vehicle consist 2500 (e.g., along a direction of travel of the vehicle consist 2500). Additionally, the remote vehicle2504 need not be separated from the lead vehicle 2502. For example, the remote vehicle 2504 maybe directly coupled with the lead vehicle 2502 or may be separated from the lead vehicle 2502 by one or more other remote vehicles 2504 and/or vehicles 2506. [0419] The operational command messages may include directives that direct operations of the remote vehicle 2504. These directives can include propulsion commands that direct propulsion systems of the remote vehicle 2504 to move in a designated location, at a designated speed, and/or power level, brake commands that direct the remote vehicles to apply brakes at a designated level, and/or other commands. The lead vehicle 2502 issues the command messages to coordinate the tractive efforts and/or braking efforts provided by the vehicles 2502, 2504 to propel the vehicle consist2500 along a route 2508, such as a track, road, waterway, or the like.”; [Par. 0524], “the PTC system 4006 on the lead vehicle 4002 may determine the movement adjustments to be made based on the travel restrictions along the route. The PTC system on the lead vehicle may communicate with the remote vehicles of the vehicle system to coordinate movements by utilizing the communication device 4018 of the first vehicle control system 4004. For example, the communication device 4018 may communicate with the remote vehicles via the communications links that are established as described herein. Therefore, the PTC system 4006 may cooperate with the vehicle control system 4004 to autonomously coordinate control of the vehicles in the vehicle system.” this is interpreted as the PCT communicates vehicle identifiers and movement authority to the lead vehicle controller, which then coordinates with the remote vehicles.)
Regarding to claim 4, the combination of Filippone and Cooper teaches the system of claim 1.
Cooper further teaches wherein the controller is configured to automatically control movement of the control vehicle according to signals received from one or more of an off-board transportation management network system, another control vehicle, or wayside equipment. ([Par. 0511], “vehicle control systems 3914 may be configured to communicate with off-board systems, and may control movement of the vehicle system based on information received from the off-board systems. The second vehicle control system is configured to restrict movement of the vehicles based at least in part on the location of the vehicles along the route, such as the location relative to localities, other vehicle systems, route segments or blocks, work zones, speed restricted zones, and/or the like.”)
Regarding to claim 5, the combination of Filippone and Cooper teaches the system of claim 1.
Filippone further teaches wherein the controller is configured to automatically control movement of the control vehicle based at least in part on signals received from one or more sensors onboard the control vehicle. ([Par. 0044 – 0045], “rail vehicle 1 may also include one or more proximity sensors 22b to control the paring between rail vehicle 1 and locomotive 26. For example, the coupling between rail vehicle 1 and locomotive 26 may be achieved by an electro-magnetic paring mechanism, and the proximity sensors 22b may be used to control the coupling. In one exemplary embodiment, rail vehicle 1 may include magnetic couplers 23 configured to couple with magnetic couplers 22 of locomotive 26. [0045] Rail vehicle 1 may also include one or more non-contact sensors 16a to continuously scan rail track 4 to detect any flaw in rail track 4. Sensors 16a may be positioned under or on the sides of rail vehicle 1. Non-contact sensors 16a may be coupled to a flaw detection system 16, housed inside an enclosure 16c, where the enclosure 16c is equipped with active and passive vibration isolation elements 16b. Vibration isolation elements 16b can be formed by passive spring-damping shock absorbers.”)
Regarding to claim 6, the combination of Filippone and Cooper teaches the system of claim 1.
Cooper further teaches wherein the controller is configured to automatically control movement of the control vehicle based at least in part on signals received from one or more sensors offboard the control vehicle. ([Par. 0511], “The second vehicle control systems in FIG. 39 are configured to receive information from an off-board signaling system 3916 that includes wayside devices 3918disposed proximate to the route. The wayside devices 3918 may be transponders or beacons that wireless communicate with the vehicles via the second vehicle control systems. The wayside devices3918 may be disposed at predetermined locations along the route, such as at regular intervals, at the junctions between block segments, at terminals or stations (e.g., for departures and/or arrivals), and/or the like.”)
Regarding to claim 7, the combination of Filippone and Cooper teaches the system of claim 6.
Cooper further teaches the one or more sensors are disposed in a wayside device that is disposed at a crossing between the route and another route; ([Par. 0511], “The second vehicle control systems in FIG. 39 are configured to receive information from an off-board signaling system 3916 that includes wayside devices 3918disposed proximate to the route. The wayside devices 3918 may be transponders or beacons that wireless communicate with the vehicles via the second vehicle control systems. The wayside devices3918 may be disposed at predetermined locations along the route, such as at regular intervals, at the junctions between block segments, at terminals or stations (e.g., for departures and/or arrivals), and/or the like.”) and
Filippone further teaches the controller is configured further to respond to a determination that an obstacle is present in the crossing. ([Par. 0060], “While traveling at a distance enabling safe stop of the locomotive 26, rail vehicle 1 may detect rail tracks flaws 27 or obstacles 28 which can jeopardize safety. As a result, a first emergency notification is wirelessly transmitted from rail vehicle 1 to the rail operators in charge of the paired locomotive 26.”)
Regarding to claim 8, the combination of Filippone and Cooper teaches the system of claim 1.
Filippone further teaches wherein the control vehicle is a multi-terrain system configured to propel the control vehicle along two or more different categories of routes, and the controller is configured further to switch operating modes from a track capable operating mode to road capable operating mode. ([Par. 0010], “ix) It can utilize rail tracks sections (up to a few miles from the pair locomotive) to transmit and receive data to/from the locomotive; It can be maneuvered while off rail tracks with its own autonomous tread-traction motors to be aligned with the rail tracks and coupled to them; x) While off-track and maneuvering beside the rail tracks it can climb rugged terrains and the rail tracks themselves, execute alignment of rail vehicle 1 wheels and coupling with the rail tracks; xi) It can be equipped with sensor, data processing and transmission equipment to scan rail tracks for flaws as rail vehicle 1 travels ahead of the locomotive;”; [Par. 0061], “The extendable treaded and motorized traction modules 5 further comprise a set of traction treads 5a to propel and steer rail vehicle 1 when off-railing, on rugged terrain. The motorized traction modules 5 can be manually or remotely controlled to “drive” rail vehicle 1 around and above the rail tracks 4. The traction treads 5a are configured to climb the rail tracks 4, and to actuate lifting or lowering of rail vehicle 1 by actuators 6a. Actuators 6a are actuated to derail/ disengage or rail/engage rail vehicle 1 wheels 3 with the rail tracks 4.”)
Regarding to claim 9, the combination of Filippone and Cooper teaches the system of claim 1.
Fillippone further teaches further comprising at least one sensor in communication with the controller that is configured to inspect at least a portion of the route as the vehicle system traverse the route. ([Par. 0044 – 0045], “rail vehicle 1 may also include one or more proximity sensors 22b to control the paring between rail vehicle 1 and locomotive 26. For example, the coupling between rail vehicle 1 and locomotive 26 may be achieved by an electro-magnetic paring mechanism, and the proximity sensors 22b may be used to control the coupling. In one exemplary embodiment, rail vehicle 1 may include magnetic couplers 23 configured to couple with magnetic couplers 22 of locomotive 26. [0045] Rail vehicle 1 may also include one or more non-contact sensors 16a to continuously scan rail track 4 to detect any flaw in rail track 4. Sensors 16a may be positioned under or on the sides of rail vehicle 1. Non-contact sensors 16a may be coupled to a flaw detection system 16, housed inside an enclosure 16c, where the enclosure 16c is equipped with active and passive vibration isolation elements 16b. Vibration isolation elements 16b can be formed by passive spring-damping shock absorbers.”)
Regarding to claim 10, the combination of Filippone and Cooper teaches the system of claim 1.
Fillippone further teaches further comprising a coupler configured to automatically couple and decouple with one or more of a cargo vehicle, the driver-operable vehicle, and another control vehicle. ([Par. 0057], “The rail vehicle 1 external coupler housing comprises, the magnetic coupler and pairing system 7, the shock absorbing housing 12, and the magnetic coupler 23.”; [Par. 0059], “to summarize the mechanically coupling and magnetic pairing functions of rail vehicle 1 external coupler 24 and those of the railcar electromagnet housing 22, rail vehicle 1 is assumed to approach locomotive 26. As rail vehicle 1 nears the rail coupler 20, rail vehicle 1 external housing coupler 24 surrounds the rail coupler 20 as a sleeve without contacting it. As rail vehicle 1 continues the approach, the distance between the coupling stopper 32 and the frontal portions of the rail coupler 20 decreases, while being monitored through the redundant proximity sensors 22b.”)
Regarding to claim 11, the combination of Filippone and Cooper teaches the system of claim 1.
Cooper further teaches wherein the controller is configured further to control an engine onboard the driver-operable vehicle, and such control includes increased and decreasing a throttle of the engine, and, optionally, starting and stopping the engine. ([Par. 0510], “The DP command messages are communicated using the first vehicle control systems of the vehicles. For example, the first vehicle control system of the lead vehicle may wirelessly communicate a command message to the first and second remote vehicles. The command message may include a specific tractive setting or brake setting to be applied by the remote vehicles at a designated time or location. The first vehicle control systems of the remote vehicles may control the movement of the remote vehicles to implement the specific tractive setting or brake setting received in the command message. Thus, the first vehicle control systems are configured to provide intra-vehicle system communications for coordinating control of the vehicle system” wherein the “tractive setting” corresponds to the control of the engine of the remote vehicles.)
Regarding to claim 12, the combination of Filippone and Cooper teaches the system of claim 1.
Cooper further teaches wherein the controller is configured further to control a braking system on the driver-operable vehicle, whereby one or more traction motors on the driver-operable vehicle are set to a dynamic braking mode to brake the vehicle system and to generate electricity from the traction motors and supply such generated electricity to a resistor grid, a battery bank, or both a resistor grind and a battery bank. ([Par. 0510], “The DP command messages are communicated using the first vehicle control systems of the vehicles. For example, the first vehicle control system of the lead vehicle may wirelessly communicate a command message to the first and second remote vehicles. The command message may include a specific tractive setting or brake setting to be applied by the remote vehicles at a designated time or location. The first vehicle control systems of the remote vehicles may control the movement of the remote vehicles to implement the specific tractive setting or brake setting received in the command message. Thus, the first vehicle control systems are configured to provide intra-vehicle system communications for coordinating control of the vehicle system”
The mapping is understood as Cooper discloses that a controller transmits brake setting commands to remotely control braking systems on driver-operable vehicles (par. [0510]). Cooper further teaches that propulsion subsystems include traction motors, generators, brakes, and batteries, and that control systems autonomously direct operation of those subsystems (par. [0514]). In rail vehicle systems, braking via traction motors operating as generators constitutes dynamic braking, whereby electrical energy generated during braking is dissipated via resistor grids and/or stored in battery systems. Accordingly, Cooper teaches controlling a braking system on the driver-operable vehicle to place traction motors in a dynamic braking mode to generate and manage electrical energy as recited.)
Regarding to claim 13, the combination of Filippone and Cooper teaches the system of claim 1.
Fillipone further teaches wherein the controller is configured further to control the driver-operable vehicle to one or more of: sand the route and thereby to increase its tractive effort, to annunciate by activating its horn, and drag charge a battery on the control vehicle. ([Par. 0010], “It can wirelessly communicate with other rail vehicle 1s paired to locomotives traveling in the opposite bound, and exchange information about derailments, obstructions, potential rail-track off-normal conditions manifested in the rail tracks of locomotives traveling in opposite bounds; viii) It can recharge its battery pack as it is “pushed” or “pulled” by the locomotive (e.g. via rail vehicle 1 traction motors/generators);”
wherein Filip discloses that the controller autonomously controls coupling, pairing, and operational states in which the locomotive pushes or pulls the autonomous rail vehicle, during which the autonomous rail vehicle’s battery is recharged via traction motors operating as generators (par. 0010 ). By controlling the locomotive’s coupled operation that results in drag charging, the controller controls the driver-operable vehicle to drag charge the battery on the control vehicle as recited.)
Conclusion
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/STEVEN VU NGUYEN/Examiner, Art Unit 3668