DETAILED ACTION
The Information Disclosure Statement filed on August 11, 2023 has been reviewed and considered by the Examiner.
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 § 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) 12, 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krezak et al (US 4,125,029) in view of Hill (US 2,432,156) and further in view of Lehmann (DE 202013100965 U1).
Krezak et al discloses a movement device for moving a load provided with wheels and rolling on railway rails comprised of a drive roller 34 attached to the free end of a power supply device 18 and the drive roller being arranged to come to bear against one of the wheels 48 of the load 50 to be moved. Two support rollers 36, 38 are arranged to come to bear against the rail of the railway track, with lower roller 38 and for receiving said wheel of the load to be moved, with upper roller 36 and configured to be rotated by adhesion by said drive roller against the railway wheel 48 being moved. An arm 22 is connected at one end thereof to the shaft of the geared motor, by way of side plate 24, and extending horizontally and perpendicularly to the axis of rotation of the shaft. A brake shoe 44 is rigidly connected to the free end of said arm, as shown in figure 1, and arranged, to be disposed in the vicinity of said wheel of the load to be moved on the side opposite to said drive roller, as shown in figure 2, with part 16 opposite part 38, and bears against the rail of the railway track receiving the wheel. The arm is mounted so as to pivot about the axle of support roller 38, as shown in figure 1.
Krezak et al discloses the load moving mechanism as described above. However, Krezak et al does not specifically show a geared motor attached to the drive roller. Hill discloses a railway car moving apparatus comprised of a motor 20 with a derive shaft to engage a gearbox. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied a motor, like that of Hill, to a moving device, like that of Krezak et al, with the expected result of providing a direct drive motor to the drive roller as shown in Krezak et al.
Krezak et al discloses the load moving mechanism as described above. However, Krezak et al does not specifically show that the extended arm can be adjusted. Lehmann discloses a movement device for rail cars comprised of drive and support rollers and a horizontally extending arm that may be adjusted to fit around a rail wheel. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied an adjustable arm, like that of Lehmann, to a moving device, like that of Krezak et al, with the expected result of allowing the arm to be movable and make the assembly easier to maneuver around a rail wheel.
Krezak et al discloses the load moving mechanism as described above. However, Krezak et al does not specifically show that the brake shoe is made of an elastomer material. It is well known in the art that brake shoes may be made of soft metals or elastomer materials so as to allow for a level of friction adhesion as well as wear to slow the wheels where the brake is engaged. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied an elastomer material in the brake shoe, like that of Krezak et al, with the expected result of allowing the shoe to flex and form around the surface of the wheel so as to apply a slowing and stopping force to the rail wheel when desired.
Allowable Subject Matter
Claims 14, 15 and 17-21 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.
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.
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/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
March 3, 2026
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