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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP21203954.9, filed on 10/21/21.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/18/24, 6/24/24, 4/11/25 and 8/7/25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because fig. 7 fails to show the steps as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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) 1-2 and 8-15 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Rosenberger et al. (US 20180029619 hereinafter Rosenberger).
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)).
Regarding to claim 2, Rosenberger 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 8, Rosenberger discloses the monitoring unit according to claim 1, wherein the wheel sensor comprises an inductive sensor (paragraph 0029).
Regarding to claim 9, Rosenberger 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 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)).
Regarding to claim 12, Rosenberger 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 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 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).
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) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosenberger.
Regarding to claim 3, Rosenberger 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 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 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 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 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).
Claims 1-2 can be rejected as followed:
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Da Costa et al. (US 20170120938 hereinafter Da Costa).
Regarding to claim 1, Da Costa discloses a monitoring unit for monitoring a railway track (fig. 1 and paragraph 0008 discloses a rail crossover control system included a maintenance control unit (MCU) disposed adjacent the rail track section and arranged to facilitate local control and monitoring of at least one set of rail switches), the monitoring unit comprising:
a processing unit (fig. 1 shows the combination of crossover interface unit 58 and MCUs 50 and 52 and interlock control unit 26);
at least one wheel sensor connectable to a rail of the railway track (fig. 1 shows wheel sensors 54 and 56, paragraph 0016 discloses at least one wheel sensor may be disposed adjacent a first end of the crossover track section, and at least one wheel sensor may be disposed adjacent a second opposite end of the crossover track section); and
a sensor arrangement connectable to a railway switch of the railway track (fig. 1 shows the sensor arrangement included 54, 20, 18 and 56, 24, 22), wherein:
the wheel sensor and the sensor arrangement are connected with the processing unit (fig. 1 shows the sensor arrangement connected to the processing unit which is the combination of MCUs 50, 54 and crossover interface unit 58, interlock control unit 26); and
the processing unit comprises an output that is connectable to a signaling system (fig. 1 shows the processing unit output to signaling system 30 via network 28).
Regarding to claim 2, Da Costa 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 (paragraph 0069 discloses wheel sensors 54, 56 arranged to detect presence of a wheel, the wheel sensors 54, 56 communicating wheel detection information to a crossover interface unit 58).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T LE whose telephone number is (571)270-5818. The examiner can normally be reached M to F, 7AM - 4PM.
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/SON T LE/ Primary Examiner, Art Unit 2863