DETAILED ACTION
The Information Disclosure Statement filed on November 7, 2024 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) 1-6, 9-12, 14-17, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frisbie et al (US 2019/0234024) in view of Judson et al (US 2008/0217042).
Frisbie et al discloses a conductor assembly for a railroad rail 8, the conductor assembly is comprised of a first conductor 18 and a plurality of second conductors 20, 22 and the plurality of second conductors exhibit different lengths between a free end of the respective second conductor, as shown in figures 2 and 4 where the second conductors are spaced in the longitudinal direction of the rail.
Frisbie et al discloses the conductor assembly as described above. However, Frisbie et al does not specifically show the conductors connected to the rail by an exothermic weld. Judson et al discloses a conductor cable 14 and conductor plate 26 mounted to the web of a rail 10 by way of an exothermic weld as best described in paragraphs 0027 and 0036. 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 exothermic weld, like that of Judson et al, to a conductor assembly, like that of Frisbie et al, with the expected result of providing a durable weld so as to resist damage by passing trains and varying weather and environmental factors. It further would have been an obvious design choice to one of ordinary skill in the art, before the effective filing date of the claimed invention, to make the welds a first thickness of the exothermic
weld measured substantially perpendicular to an axial direction of the first conductor is less than 3.5 times a thickness of one of the plurality second conductors, with the expected result of providsi8ng an accurate and durable weld as stated above.
Frisbie et al discloses a pair of second conductors, as shown above. However, Frisbie et al does not show three or more conductors. It would have been an obvious multiplication of parts to one of ordinary skill in the art, before the effective filing date of the claimed invention, with the expected result of providing more contacts so as to distribute the conductive connection so as not to overload the system and cause irreparable damage.
The combination of Frisbie et al and Judson et al further disclose a method of forming as described in the combinations of the apparatus above.
Allowable Subject Matter
Claims 7, 8, 13 and 18 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reichle (US 2006/0032933) and Burke (US 2,887,743) both show conductive rail connections.
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
June 11, 2026
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