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 .
Specification
The disclosure is objected to because of the following informalities:
In [0052], line 5, change “fille” to –filled--.
Appropriate correction is required.
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.
Claim(s) 1-5, 8 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piguet (11,384,986). Piguet discloses a rail heater (4) including a frame (column 5, lines 57-62) having rail-engaging wheels (18); a fuel source (64); a burner assembly (32) coupled, directly or indirectly, to the frame (SEE Figures 1 & 3), wherein burner assembly is positioned closely adjacent a first rail (12) of a railroad (SEE Figures 6-8), wherein the burner assembly includes at least one combustion chamber (equivalent is 36) that ignites fuel supplied from the fuel source (common knowledge in the art) and directs a flame from the at least one combustion chamber at a neutral axis of the first rail (clearly illustrated in Figures 6-8). In re claim 2, Piguet implicitly discloses an air intake in fluid communication with the at least one combustion chamber (as per compressor 66 and valve 62), wherein the air intake supplies air to the combustion chamber for combustion with the fuel (SEE Figure 5). In re claim 3, Piguet discloses a plenum (schematically shown in Figure 5) having an inlet and an outlet, wherein the inlet is in fluid communication with the air intake (from compressor 66) and the outlet (from valve 62) is in fluid communication with the at least one combustion chamber. In re claim 4, Piguet discloses a burner unit (42) coupled to the at least one combustion chamber; and tubing that connects the outlet of the plenum to the burner unit (SEE Figure 5). In re claim 5, Piguet discloses that the burner assembly (32) includes a first plurality of combustion chambers (SEE Figure 3 which illustrates a plurality heating units 36 which are being interpreted as combustion chambers) with aligned in a first row on a field side of the first rail; and tubing that fluidly connects each combustion chamber from the first plurality of combustion chambers. In re claim 8, Piguet discloses that the burner assembly further includes a second plurality of combustion chambers aligned in a second row on a gauge side of the first rail; and tubing that fluidly connects each combustion chamber from the second plurality of combustion chambers (also illustrated in Figure 3). In re claim 13, Piguet discloses in column 1, line 66 – column 2, line 3, that spraying mist or pre-wetting a rail tie for the purpose of reducing burning thereof during a heating operation was commonly known in the art and is not novel.
Claim(s) 1-6, 8, 9, 11, 12, 14 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abele (6,308,635). Abele discloses a rail heater (10) including a frame (Figures 1, 7, 8 & 14A) having rail-engaging wheels (62); a fuel source (45); a burner assembly (18), coupled, directly or indirectly, to the frame (SEE Figures 2 & 4), wherein burner assembly is positioned closely adjacent a first rail (16) of a railroad (Figure 2), wherein the burner assembly includes at least one combustion chamber (12) that ignites fuel supplied from the fuel source and directs a flame (17) from the at least one combustion chamber at a neutral axis of the first rail (Figure 2). In re claim 2, Abele discloses an air intake in fluid communication with the at least one combustion chamber (SEE evidence of air supply to mix with fuel for combustion in Figure 5), wherein the air intake supplies air to the combustion chamber for combustion with the fuel. In re claim 3, Abele discloses a plenum (23) having an inlet and an outlet, wherein the inlet is in fluid communication with the air intake and the outlet is in fluid communication with the at least one combustion chamber (SEE Figure 5). In re claim 4, Abele discloses a burner unit (SEE Figures 2 & 4, the burner is best identified as element 18) coupled to the at least one combustion chamber (12); and tubing (shown in Figure 3) that connects the outlet of the plenum to the burner unit. In re claim 5, Abele discloses that the burner assembly comprises: a first plurality of combustion chambers (SEE Figure 3 which illustrates multiple burners 18 side by side) aligned in a first row on a field side of the first rail (16); and tubing that fluidly connects each combustion chamber from the first plurality of combustion chambers (shown in Figure 3). In re claim 6, Abele discloses at least one flame outlet on each combustion chamber from the first plurality of combustion chambers; wherein the flame output from each of the at least one flame outlet is a torch-like flame pointed at the neutral axis on the field side of the first rail (clearly shown in Figure 2). In re claim 8, Abele discloses that the burner assembly further comprises: a second plurality of combustion chambers (also shown in Figure 3) aligned in a second row on a gauge side of the first rail; and tubing that fluidly connects each combustion chamber from the second plurality of combustion chambers. In re claim 9, Abele discloses that the burner assembly further comprises: at least one flame outlet on each combustion chamber from the second plurality of combustion chambers; wherein the flame output from each of the at least one flame outlet is a torch-like flame (17) pointed at the neutral axis on the gauge side of the first rail (SEE Figure 3). In re claim 11, Abele discloses an exhaust pipe (69) located between the first plurality of combustion chambers and the second plurality of combustion chambers (SEE Figures 12 & 13 and column 7, lines 52-65). In re claim 12, Abele discloses a cabin (30) for an operator of the rail heater, wherein the cabin is located forward of the burner assembly relative to a drive direction of the rail heater (the driving vehicle 30 is located forward of the burner assembly as per Figure 1). In re claim 14, Abele discloses structure capable of carrying out the method of the applicants claimed invention including inputting air into a burner unit (as per Figure 5) on a burner assembly (18) carried by a frame (SEE Figures 1, 7, 8 and 14A) of a rail heater having rail-engaging wheels (62) that move along a first rail of a railway; mixing air and diesel fuel in the burner unit (Figure 5); combusting the air and diesel fuel mixture in a first combustion chamber (12); generating a torch-like flame (17) at an outlet of the first combustion chamber; directing the torch-like flame toward a neutral axis of the first rail (column 5, lines 41-54); and is capable of heating the first rail to a neutral temperature (SEE Figure 2). In re claim 16, Abele discloses a vehicle (30) having a cabin (well known) inside the vehicle which drives the rail heater forwardly along the first rail (Figure 1), wherein a cabin (30) that houses an operator is position forwardly of the burner assembly that is adapted to reduce the likelihood of the cabin moving through exhaust from the burner assembly as the rail heater moves forward (inherent, if the vehicle is in front of the burner assemblies the exhaust will exit behind the vehicle). In re claim 17, Abele discloses inputting air into the burner unit from an air plenum that is in fluid communication with a plurality of combustion chambers (Figure 5), wherein the first combustion chamber is one of the combustion chambers from the plurality of combustion chambers (Figure 3 illustrates a plurality of combustion chambers). In re claim 18, Abele discloses exhausting heat through an exhaust stack (69) that extends through an air plenum (as per Figures 12 & 13). In re claim 19, Abele further discloses inputting air into a second burner unit on a second burner assembly (as per the combination of Figures 3 & 5) carried by the frame of the rail heater, wherein the second burner assembly is positioned on an opposite side of the first rail; mixing air and diesel fuel in the second burner unit; combusting the air and diesel fuel mixture in a second combustion chamber; generating a torch-like flame (17) at an outlet of the second combustion chamber; directing the torch-like flame toward the neutral axis of the first rail on an opposite side of the first rail from the first combustion chamber (Figure 2); and capable of heating the first rail to the neutral temperature.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Eads et al (4,860,727) and Deal (3,525,326) also provide a teaching of mobile rail heaters.
Allowable Subject Matter
Claims 7, 10 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A WILSON whose telephone number is (571)272-4882. The examiner can normally be reached M-F; 7:00am-4:30pm.
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/GREGORY A WILSON/ Primary Examiner, Art Unit 3762 June 5, 2026
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