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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 9, 11, 12, 14, 15, & 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schindler et al. (WO 2020048934 A1, herein after referred to as Schindler).
Regarding claim 1 Schindler teaches a rail vehicle, comprising: a bogie (FIG. 1: 2; paragraph 19); a plurality of wheels being disposed on the bogie (FIG. 1: 3; paragraph 19); a chassis disposed on the bogie (FIG. 1: 12; paragraph 18) and connected to the bogie through a first suspension (FIG. 1: 6; paragraph 19); and a carriage disposed on the chassis (FIG. 1: 9; paragraph 17) and connected to the chassis through a second suspension (FIG. 1: 15; paragraph 17).
Regarding claim 11 Schindler teaches a rail system, comprising a rail vehicle (FIG. 1: 1) and a rail beam (FIG. 1: 14), wherein: the rail vehicle comprises: a bogie (FIG. 1: 2); a plurality of wheels being disposed on the bogie (FIG. 1: 3); a chassis disposed on the bogie (FIG. 1: 12) and connected to the bogie through a first suspension (FIG. 1: 6); and a carriage disposed on the chassis and connected to the chassis (FIG. 1: 9) through a second suspension (FIG. 1: 15); and the rail beam is configured to support the rail vehicle (FIG. 1: depicted).
Regarding claims 2 & 12 Schindler teaches that the second suspension comprises: a vibration damping member (FIG. 1: 15 serves to dampen vibration; paragraph 17), wherein a first end of the vibration damping member is connected to the chassis (FIG. 1: depicted); a first installation portion disposed at a second end of the vibration damping member; and a second installation portion disposed at a bottom of the carriage and detachably connected to the first installation portion (paragraph 22).
Regarding claims 4 & 14 Schindler teaches that the chassis comprises: a first support area (FIG. 1: area between 9 & 12), wherein a plurality of suspension installation points are disposed in the first support area (FIG. 1: depicted with 15), the second suspension is disposed at a suspension installation point of the suspension installation points (FIG. 1: depicted with 15), and the carriage is detachably disposed in the first support area by the second suspension (paragraph 22); and a second support area disposed at a front portion and/or a rear portion of the first support area (either front or rear; it is symmetrical), wherein a cab (FIG. 1: cabin 9) is defined by the second support area and a hood of the carriage (FIG. 1: front or rear portion of 9).
Regarding claims 5 & 15 Schindler teaches that the wheels comprise a plurality of pairs, wheels of each pair are respectively disposed on two sides of the bogie in a width direction of the rail vehicle (FIG. 1: depicted of wheel pairs 3; paragraph 19).
Regarding claims 9 & 19 Schindler teaches a load support position disposed on the chassis, wherein the load support position is configured to support a load (FIG. 1: every part of 12 underneath an instance of 15).
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) 3 & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindler et al. (WO 2020048934 A1, herein after referred to as Schindler) in view of Xu (CN 102744702 B).
Regarding claims 3 & 13 Schindler does not explicitly that at least one of the first installation portion and the second installation portion is configured to be a magnetic absorption member. However, Xu does teach connecting things to springs with magnetic absorption members (FIG. 6: 90). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used magnetic absorption members for the first and second installation portions in order to facilitate easy and simple installation.
Claim(s) 6-8 & 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindler et al. (WO 2020048934 A1, herein after referred to as Schindler) in view of Xiao et al. (CN 113291343 A, herein after referred to as Xiao).
Regarding claims 6 & 16 Schindler does not teach a wheel avoidance compartment that protrudes toward the carriage and is configured to accommodate a wheel, wherein the wheel avoidance compartment is formed on a side of the first support area, and at least one seat is disposed on the wheel avoidance compartment.
However, Xiao does teach a wheel avoidance compartment that protrudes toward the carriage and is configured to accommodate a wheel (FIG. 6A-10: depicted around wheels 501 & 502). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively included the wheel avoidance compartment of Xiao with the vehicle of Schindler in order to reduce the carriage height for easier boarding. As a result of the combination the wheel avoidance compartment would be formed on a side of the first support area, and at least one seat would be disposed on the wheel avoidance compartment as part of making the combination functional.
Regarding claims 7 & 17 Schindler as modified above teaches that the wheel avoidance compartment comprises a top plate and a side plate (Xiao, FIG. 7B: depicted), the side plate is connected to an end of the top plate (Xiao, FIG. 7B: depicted) and extends toward a rail beam (Xiao, FIG. 7B: depicted), the top plate and the side plate define an accommodating chamber configured to accommodate a wheel (Xiao, FIG. 7B: depicted), and one of the suspension installation points is disposed on the top plate or the side plate (result of the above combination).
Regarding claim s 8 & 18 Schindler as modified above teaches a pair of horizontal wheels disposed on the bogie (Schindler, FIG. 1: 3, paragraph 19, the axis of rotation of the wheels is horizontal), wherein the horizontal wheels are supported on side surfaces of an escape passage of a rail beam (rail wheels function by being supported on the outer sides of the rails, the escape passage is understood to be the space between the rails under the vehicle).
Claim(s) 10 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindler et al. (WO 2020048934 A1, herein after referred to as Schindler) in view of Davidson (US 2404475 A).
Regarding claims 10 & 20 Schindler does not explicitly teach a third suspension disposed between the wheels and the bogie, however Davidson does (FIG. 1: 9). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have alternatively included the third suspension of Davidson with the rail system of Schindler in order to provide a more comfortable and stable ride.
Conclusion
Prior art made of record and not replied upon is considered pertinent to applicant’s disclosure. The references noted on the attached PTO 892 teach rail systems of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAXWELL L MESHAKA whose telephone number is (571)272-5693. The examiner can normally be reached Mon-Fri 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel J Morano IV can be reached on (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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/MAXWELL L MESHAKA/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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