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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 6/23/26 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/23/26. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosenberger, and further in view of Gao et al. (CN 107858883, hereinafter Gao).
Regarding to claim 1, Rosenberger discloses a monitoring unit for monitoring a railway track (abstract), the monitoring unit comprising:
a processing unit (fig. 5 shows a combination of sub evaluation unit 26 and evaluation unit 10 as a processing unit);
at least one wheel sensor connectable to a rail of the railway track (fig. 4-5 show sensor 11 arranged at the track as wheel sensor); and
a sensor arrangement connectable to a railway switch of the railway track (fig. 4-5 show sensor arrangement include tracking sensor 12 included sensor 16), wherein:
the wheel sensor (11) and the sensor arrangement (12) are connected with the processing unit (26 and 10); and
the processing unit comprises an output that is connectable to a signaling system (fig. 5-6 show output of 10 connectable to 30 (30 interpreted as signaling system)).
Rosenberger does not disclose the sensor arrangement is configured to monitor the movement of at least one movable part of the railway switch.
However, Gao discloses a fibre grating sensor to collect the low-frequency data such as track system stress, temperature and small displacement and FIG. 3 is a schematic view of the installation of the rail displacement sensor.
Therefore, at the time before the effective filing date, it would be obvious to a POSITA to incorporate the fiber sensor as taught by Gao into Rosenberger in order to provides reliable guarantee for the safe and stable operation of the train.
Regarding to claim 2, Rosenberger in view of Gao discloses the monitoring unit according to claim 1, wherein the processing unit is configured to receive signals detected by the wheel sensor or signals detected by the sensor arrangement (combination of 26 and 10 received signal from sensor 11 and sensor arrangement 12).
Regarding to claim 3, Rosenberger in view of Gao discloses the monitoring unit according to claim 1, wherein the sensor arrangement (12) comprises a sensor (16) that is configured to measure a spatial position of at least a segment of a movable railway element of the railway switch in a contactless measurement (abstract paragraphs 0036-38 discloses fiber optic sensor 16 which is contactless to measure the position of noise along the track (position of train) fig. 6b-c shows the monitoring unit to monitor the movable track).
Rosenberger does not disclose configured to measure differentiate between at least two different spatial positions of the segment of the movable railway element.
Fig. 6b-c shows the monitoring unit to monitor the movable track and the monitoring unit has the same configuration as claimed.
Therefore, at the time before the effective filing date, it would be obvious that the monitoring unit of Rosenberger capable to differentiate between at least two different spatial positions of the segment of the movable railway element as a matter of intended use.
Regarding to claim 4, Rosenberger in view of Gao discloses the monitoring unit according to claim 3, wherein the movable railway element comprises a tongue rail (fig. 6b-c).
Regarding to claim 5, Rosenberger in view of Gao discloses the monitoring unit according to claim 3, except wherein the sensor is configured to differentiate between at least three different spatial positions of the segment of the movable railway element.
Fig. 6b-c shows the monitoring unit to monitor the movable track and the monitoring unit has the same configuration as claimed.
Therefore, at the time before the effective filing date, it would be obvious that the monitoring unit of Rosenberger capable to differentiate between at least three different spatial positions of the segment of the movable railway element as a matter of intended use.
Regarding to claim 6, Rosenberger in view of Gao discloses the monitoring unit according to claim 3, wherein the sensor arrangement is configured to provide a sensor signal to the processing unit, and the sensor signal comprises the measured spatial position (fig. 1 and 5 show position output signal from sensors 11 and 16 to evaluation units).
Regarding to claim 7, Rosenberger in view of Gao discloses the monitoring unit according to claim 6, wherein the processing unit is configured to provide an output signal at its output to the signaling system, and the output signal comprises information from the sensor signal (fig. 5 and paragraph 0074 shows and discloses the position output signal from sensors 11 and 16 to evaluation units then to 30).
Regarding to claim 8, Rosenberger in view of Gao discloses the monitoring unit according to claim 1, wherein the wheel sensor comprises an inductive sensor (paragraph 0029).
Regarding to claim 9, Rosenberger in view of Gao discloses the monitoring unit according to claim 1, wherein the processing unit (fig. 5 shows a combination of sub evaluation unit 26 and evaluation unit 10 as a processing unit) is configured to receive a position signal from the wheel sensor (fig. 5 shows signal from 11 to 26 as part of processing unit), the processing unit is configured to provide an output signal at its output to the signaling system, and the output signal comprises information from the position signal (fig. 5 shows a combination of sub evaluation unit 26 and evaluation unit 10 send signal to 30).
Regarding to claim 10, Rosenberger in view of Gao discloses the monitoring unit according to claim 9, wherein the position signal comprises the information that a wheel of a rail vehicle passed a position of the wheel sensor (paragraph 0065 discloses position sensor 11 can detect rail vehicles 19 passing over the position of the position sensor 11).
Regarding to claim 11, Rosenberger discloses a method for monitoring a railway track (abstract), the method comprising:
detecting at least one position signal by a wheel sensor connected to a rail of the railway track (fig. 4-5 show position sensor 11 arranged at the track as wheel sensor);
transferring the position signal to a processing unit (fig. 4-5 show signal from 11 to 26 (26 a part of a processing unit));
detecting at least one sensor signal by a sensor arrangement connected with a railway switch of the railway track (fig. 6b-c show the sensor arrangement 12 included optic sensor 16 for railway monitoring with several railway tracks 14 and several turnouts 32 (switch 32));
transferring the sensor signal to the processing unit (fig. 6b-c show signal from 16 to 10 (10 is a part of a processing unit)); and
providing an output signal by the processing unit to a signaling system (fig. 6b-c show that 10 outputs to 30 (30 interpreted as signaling system)).
Rosenberger does not disclose wherein the sensor arrangement is configured to monitor the movement of at least one movable part of the railway switch.
However, Gao discloses a fibre grating sensor to collect the low-frequency data such as track system stress, temperature and small displacement and FIG. 3 is a schematic view of the installation of the rail displacement sensor.
Therefore, at the time before the effective filing date, it would be obvious to a POSITA to incorporate the fiber sensor as taught by Gao into Rosenberger in order to provides reliable guarantee for the safe and stable operation of the train.
Regarding to claim 12, Rosenberger in view of Gao discloses the method for monitoring a railway track according to claim 11, wherein the output signal comprises information from the position signal and information from the sensor signal (the output signal from the combination of 26 and 10 is position signal).
Regarding to claim 13, Rosenberger in view of Gao discloses the method for monitoring a railway track according to claim 11, wherein a spatial position of at least a segment of a movable railway element of the railway switch is measured in a contactless measurement by a sensor of the sensor arrangement (abstract paragraphs 0036-38 discloses fiber optic sensor 16 which is contactless to measure the position of noise along the track (position of train) fig. 6b-c shows the monitoring unit to monitor the movable track).
Rosenberger does not disclose wherein the sensor is configured to differentiate between at least two different spatial positions of the segment of the movable railway element.
Fig. 6b-c shows the monitoring unit to monitor the movable track and the monitoring unit has the same configuration as claimed.
Therefore, at the time before the effective filing date, it would be obvious that the monitoring unit of Rosenberger capable to differentiate between at least two different spatial positions of the segment of the movable railway element as a matter of intended use.
Regarding to claim 14, Rosenberger in view of Gao discloses the method for monitoring a railway track according to claim 13, wherein the sensor signal comprises the measured spatial position (fig. 1 and 5 show position output signal from sensors 11 and 16 to evaluation units).
Regarding to claim 15, Rosenberger discloses the method for monitoring a railway track according to claim 11, wherein the position signal comprises the information that a wheel of a rail vehicle passed a position of the wheel sensor (paragraph 0065 discloses position sensor 11 can detect rail vehicles 19 passing over the position of the position sensor 11).
Regarding to claim 16, Rosenberger discloses a monitoring unit for monitoring a railway track (abstract), the monitoring unit comprising:
a processing unit (fig. 5 shows a combination of sub evaluation unit 26 and evaluation unit 10 as a processing unit);
at least one wheel sensor connectable to a rail of the railway track (fig. 4-5 show sensor 11 arranged at the track as wheel sensor); and
a sensor arrangement connectable to a railway switch of the railway track fig. 4-5 show sensor arrangement include tracking sensor 12 included sensor 16), wherein:
the wheel sensor (11) and the sensor arrangement (12) are connected with the processing unit (26 and 10); and
the processing unit comprises an output that is connectable to a signaling system (fig. 5-6 show output of 10 connectable to 30 (30 interpreted as signaling system)),
the sensor arrangement comprises a sensor that is configured to measure a spatial position of at least a segment of a movable railway element of the railway switch in a contactless measurement (abstract paragraphs 0036-38 discloses fiber optic sensor 16 which is contactless to measure the position of noise along the track (position of train) fig. 6b-c shows the monitoring unit to monitor the movable track),
the sensor has a sensing range within which the sensor is configured to measure the spatial position of the segment of the movable railway element (it would has necessitated that the sensor has a sensing range within which the sensor is configured to measure the spatial position of the segment of the movable railway element).
Rosenberger does not disclose, the sensor is configured to detect the movement of electrically conductive material within the sensing range.
However, Gao discloses a fibre grating sensor to collect the low-frequency data such as track system stress, temperature and small displacement and FIG. 3 is a schematic view of the installation of the rail displacement sensor.
Therefore, at the time before the effective filing date, it would be obvious to a POSITA to incorporate the fiber sensor as taught by Gao into Rosenberger in order to provides reliable guarantee for the safe and stable operation of the train.
Conclusion
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/SON T LE/Primary Examiner, Art Unit 2858
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