CTNF 18/566,744 CTNF 86242 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. 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. Claim Objections 07-29-01 AIA Claim 10 is objected to because of the following informalities: Claim 10 improperly depends upon itself. For the purposes of examination, claim 10 will be interpreted as depending from claim 9 . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-7, 9 and 13 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Auer (US 2019/0316300 A1) (“Auer ‘300”) . Referring to Claim 1 : Auer ‘300 discloses a method for correcting vertical position defects of a track (2) after a lifting-tamping process, with a stabilizing process carried out by means of a dynamic track stabilizer (6) in which a stabilizing unit (16) acts on the track at a forward-moving working point (at 16) in a working direction (4) (Fig. 1), with track position data of the untreated track (I) being recorded before the lifting-tamping process (Para. [0030]), and with track position data of the tamped track (U) being recorded after the lifting-tamping process at a measuring point (at middle measuring axle 14) located in front of the stabilizing unit (16) in the working direction (4) (Para. [0027]) (Fig. 1), wherein additional track position data of the stabilized track (4) are recorded at a post-measuring point (18) located behind the stabilizing unit (16) in the working direction (4) (Para. [0028]) (Fig. 1), and that the dynamic track stabilizer (6) is actuated during the stabilizing process as a function of track position data (I, U) of the untreated (I) and the tamped track (U) at the working point (at 16) and of track position data (R) of the stabilized track at the post-measuring point (18) (Para. [0030-0031]) (Fig. 2). Referring to Claim 2 : Auer ‘300 discloses the method according to claim 1, wherein track position data of a target position (S) of the track (2) are predefined, and that the dynamic track stabilizer (6) is additionally actuated during the stabilizing process as a function of correction data (f) which are derived for the working point (at 16) from the data of the target position (S) and the track position data of the untreated track (I) (Para. [0030-0031]) (Fig. 2). Referring to Claim 3 : Auer ‘300 discloses the method according to claim 1,wherein one of the claims 1 to 2, a longitudinal gradient or longitudinal level and a crossfall or superelevation of the track (2) are each measured at the respective measuring point (14, 18) to record the track position data (Para. [0009]). Referring to Claim 4 : Auer ‘300 discloses the method according to claim 1, wherein at least one of the following operating parameters (u) of the dynamic track stabilizer (6) is changed during the stabilizing process as a function of the recorded track position data: - a vibration frequency, - a travelling speed (v dgs ), - an imposed load acting on a left rail (al dgs ), - an imposed load acting on a right rail (ar dgs ), - a total imposed load (u) (Para. [0002-0004], [0008] and [0030]). Referring to Claim 5 : Auer ‘300 discloses the method according to claim 4, wherein the stabilizing process is started with an output value (u) of the respective operating parameter, and that an adjusted value is continuously calculated (Para. [0008] and [0015]) for the respective operating parameter during the stabilizing process by means of an algorithm set up in a computing unit (21) (Para. [0040-0041]). Referring to Claim 6 : Auer ‘300 discloses the method according to claim 5, wherein weighting factors (c) are stored in the algorithm for the respective operating parameter (u), and that the weighting factors (c) are continuously adjusted (Para. [0015]) by means of a control (13) (Para. [0040-0041]). Referring to Claim 7 : Auer ‘300 discloses the method according to claim 1, wherein a track position measuring system (15) comprising a plurality of measuring devices (14, 18) is carried along with the dynamic track stabilizer (6) (Fig. 1) (Para. [0027-0028]), and that the corresponding track position with respect to a common reference system is recorded at the respective measuring point by means of the assigned measuring devices (14, 18) (Fig. 1) (Para. [0027-0028]). Referring to Claim 9 : Auer ‘300 discloses a system for carrying out a method according to claim 1, having a track position measuring system (15) and having a dynamic track stabilizer (6) for correcting vertical position defects at a forward-moving working point (at 16) of a track (2), wherein the track position measuring system (15) is set up to record the track position at a measuring point (at middle measuring axle 14) arranged in front of the dynamic track stabilizer (6) in the working direction (4) and at a post-measuring point (18) arranged after the dynamic track stabilizer (6) in the working direction (4) (Fig. 1), that the dynamic track stabilizer (6) comprises a control device (13) to which track position data recorded by means of the track position measuring system (5) are fed (Para. [0027]), and that the control device (13) is set up to actuate the dynamic track stabilizer (6) as a function of track position data assigned to the working point (at 16) and the post-measuring point (18) (Fig. 1) (Para. [0027-0028]). Referring to Claim 13 : Auer ‘300 discloses the system according to claim 9, wherein a tamping machine (5) is arranged immediately in front of the track stabilizer (6) in the working direction (4), and that the track position measuring system (15) comprises at least one measuring device (14) which is assigned to the tamping machine (5) (Fig. 1) (Para. [0026-0027]) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 8, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auer ‘300 in view of Lichtberger (US 9,518,845) . Referring to Claim 8 : Auer ‘300 does not specifically teach that the reference system is formed by camera and reference marks. However, Lichtberger teaches a device for surveying tracks, wherein the reference system is formed by means of a camera (16,17) attached to one of the measuring devices and a reference mark (14, 20) attached to another measuring device (15, 21) and positioned in a recording area (18, 19) of the camera (Figs. 1-4), and that measuring marks attached to the remaining measuring devices are recorded by means of the camera in order to record the track position data (Col. 4, lines 47-61). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Auer ‘300 to form the reference system using a camera and reference marks, as taught by Lichtberger, in order to accurately measure tracks for track laying machines with a reasonable expectation of success. Referring to Claim 10 : Auer ‘300 does not specifically teach that a distance (a) between the working point (at 16) and the post-measuring point (18) lies in a range between 3 m and 10 m, particularly between 5 m and 8 m. However, Lichtberger teaches a device for surveying tracks, wherein “[t]he outer position measurement carriages, which are embodied as track-traveling, are located at the distances a and b from the camera measurement carriage. Typically, a has a length between 4 and 6 m and b has a length between 8 and 12 m.” (Col. 5, lines 11-15) (Fig. 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Auer ‘300 to form the reference system using a working point and a post-measuring point lying in a range between 3 m and 10 m, similar to the range taught by Lichtberger, in order to optimize the camera angles and distances, and thereby, accurately measure tracks for track laying machines with a reasonable expectation of success. Further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05 (II)(A). Referring to Claim 11 : Auer ‘300 further teaches the system, wherein the control device (13) comprises a computing unit (21) in which an algorithm is implemented for recalculating at least one operating parameter (Para. [0040-0041]) of the dynamic track stabilizer (6) on the basis of continuously updated (Para. [0015]) track position data (Para. [0027-0028]) . 07-21-aia AIA Claim (s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auer ‘300 in view of Plasser et al. (US 3,469,534) Referring to Claim 12 : Auer ‘300 teaches a stabilizing unit (16) that imposes a vertical load and vibrates (Para. [0028]), but does not specifically teach a vibration generator and roller clamps that can be clamped onto rails of the track and is supported against a machine frame with imposed load drives that can be actuated separately. However, Plasser teaches a mobile track liner and tamper, comprising a stabilizing unit (2) comprising a vibration generator and roller clamps that can be clamped onto rails of the track (5) and is supported against a machine frame (1) with imposed load drives that can be actuated separately (Col. 2, lines 47-55) (Figs. 1 and 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Auer ‘300 to impose loading and vibration using a vibration generator and roller clamps, as taught by Plasser, in order to stabilize each rail individually, using components commonly known in the art, with a reasonable expectation of success . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 14 and 15 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 14 and depending claim 15, the prior art, including Auer ‘300 in view of Lichtberger, fails to teach that “a camera is attached to a first measuring device, that a reference mark is attached to a second measuring device, and that at least one further measuring device with a measuring mark is attached between the first and second measuring device,” as recited in claim 14. Lichtberger teaches a camera attached to the middle measuring device (Figs. 3, 4 and 6), rather than the orientation claimed. Examiner finds that it would require an improper degree of hindsight reasoning to modify Auer ‘300 in view of Lichtberger to satisfy the claimed orientation of the camera, measuring devices and measuring mark . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY L KUHFUSS whose telephone number is (571)270-7858. The examiner can normally be reached Monday - Friday 10:00am to 6:00 pm CDT. 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, Samuel (Joe) Morano can be reached on (571)272-6682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ZACHARY L KUHFUSS/Primary Examiner, Art Unit 3615A Application/Control Number: 18/566,744 Page 2 Art Unit: 3615 Application/Control Number: 18/566,744 Page 3 Art Unit: 3615 Application/Control Number: 18/566,744 Page 4 Art Unit: 3615 Application/Control Number: 18/566,744 Page 5 Art Unit: 3615 Application/Control Number: 18/566,744 Page 6 Art Unit: 3615 Application/Control Number: 18/566,744 Page 7 Art Unit: 3615 Application/Control Number: 18/566,744 Page 8 Art Unit: 3615 Application/Control Number: 18/566,744 Page 9 Art Unit: 3615