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 .
Election/Restrictions
Applicant’s election without traverse of figure 2 in the reply filed on 10/29/25 is acknowledged. Claims 1-5, 19-26, 29-32 and 36 will be examined. Claims 6-18, 27-28, 33-35 are withdrawn
Claim Objections
Claim amendments objected to because of the following informalities:
The top header of claim amendment and arguments submitted on 10/29/25 has the wrong case number. The case number should be 18713347
. 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, 26, 29-32, 36 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Antanaitis (US PG Pub No. 2020/0102993).
Regarding claim 1, Antanaitis teaches A system [[(100)]] for determining remaining life of at least one component [[(102)]] arranged to be installed on a vehicle [[(104)]], particularly a railway vehicle, comprising a control means [[(106)]] arranged for:
measuring, from when said at least one component [[(102)]] has been installed in the vehicle [[(104)]], a usage data of said at least one component [[(102)]]; (440 figure 4 determine brake wear paragraph 75)
receiving or including a predetermined end-of-life data, indicative of the expected end- of- life of the at least one component [[(102)]]; (455 figure 4 accumulated fatigue damage)
determining a remaining life value of the at least one component [[(102)]] based on the difference between the predetermined end-of-life data and said measured usage data. (460 to 465 figure 4 calculated remaining life expectancy and send driver thickness of rotor)
Regarding claim 26, Antanaitis teaches wherein said usage data is indicative of an activation time of said at least one component [[(102)]]. (paragraph 48-53 73-74 425-430 figure 4)
Regarding claim 29, Antanaitis teaches wherein the usage data arranged to be measured by the control means is a fluid volume data that has been received or generated by said at least one component [[(102)]] from when said at least one component [[(102)]] was installed in the vehicle [[(104)]]. (paragraph 72 brake fluid level sensor to infer brake rotor thickness)
Regarding claim 30, Antanaitis teaches wherein the control means comprises or is associated with a fluid measuring means arranged to be coupled to a fluid inlet port of the at least one component [[(102)]] and to measure a volume of fluid that was received by said at least one component [[(102)]]. (paragraph 72 brake fluid level sensor to infer brake rotor thickness)
Regarding claim 31, Antanaities teaches a braking means [[(502)]] arranged to generate a braking force to slow the vehicle; at least one component [[(102)]] arranged to be installed on the vehicle and whose activation is arranged to influence the braking force generated by the braking means [[(502)]]; and the system for determining remaining life of said at least one component of claim 1. (figure 1)
Regarding claim 32, Antanaitis teaches wherein said control means [[(102)]] is further arranged to control said braking means [[(502)]] to adjust said braking force adapted to slow the vehicle [[(104)]]. (figure 2 and 3).
Regarding claim 36, Antanaitis teaches wherein the control means comprises or is associated with a fluid measuring means arranged to be coupled to a fluid outlet port of the at least one component [[(102)]] and to measure a volume of fluid that was generated by said at least one component [[(102)]]. (paragraph 72 brake fluid level sensor to infer brake rotor thickness)
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) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antanaitis (US PG Pub No. 2020/0102993) in view of Diamond et al (US PG Pub No. 2021/0284197)
Regarding claim 2, Antanaitis does not explicitly teach however Diamond teaches wherein said predetermined end-of-life data is arranged to be derived from at least one of:
a data sheet provided by a manufacturer of the at least one component [[(102)]];
an experience return, REX, provided by the manufacturer of the at least one component [[(102)]] or manufacturer of the vehicle [[(104)]], or by an integrator of a system that includes the at least one component;
a component life duration verification test performed by the manufacturer of the vehicle [[(104)]] or the manufacturer of the at least one component [[(102)]], or by the integrator of the system that includes the at least one component; or
an accelerated life test performed by the manufacturer of the vehicle [[(104)]] or the manufacturer of the at least one component [[(102)]], or by the integrator of the system that includes the at least one component. (paragraph 14, 29 and 32)
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Antanaitis teaches Diamond to teach teaches wherein said predetermined end-of-life data is arranged to be derived from at least one of: a data sheet provided by a manufacturer of the at least one component [[(102)]]; an experience return, REX, provided by the manufacturer of the at least one component [[(102)]] or manufacturer of the vehicle [[(104)]], or by an integrator of a system that includes the at least one component; a component life duration verification test performed by the manufacturer of the vehicle [[(104)]] or the manufacturer of the at least one component [[(102)]], or by the integrator of the system that includes the at least one component; or an accelerated life test performed by the manufacturer of the vehicle [[(104)]] or the manufacturer of the at least one component [[(102)]], or by the integrator of the system that includes the at least one component. The motivation would be optimize remaining useful life of compound (Diamond abstract).
Regarding claim 3, Antanaitis does not explicitly teach however Diamond teaches wherein said control means [[(106)]] includes a communication means [[(200)]] or is arranged to be associated with said communication means (200'). (paragraph 19, 32, 44-45, 52 111 figure 1)
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Anatanaitis based on the teachings of Diamond to teach wherein said control means [[(106)]] includes a communication means [[(200)]] or is arranged to be associated with said communication means (200') . The motivation would be optimize remaining useful life of compound (Diamond abstract).
Regarding claim 4, Antanaitis does not explicitly teach however Diamond teaches wherein the control means [[(106)]] is arranged to, via said communication means (200, 200'), transmit the measured usage data and/or the determined remaining life value to at least one of:
a ground station [[(202)]];
a cloud [[(204)]];
or an additional control unit [[(206)]] on-board the vehicle [[(104)]]. (paragraph 19, 32, 44-45, 52 111 figure 1)
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Anatanaitis based on the teachings of Diamond to teach wherein the control means [[(106)]] is arranged to, via said communication means (200, 200'), transmit the measured usage data and/or the determined remaining life value to at least one of: a ground station [[(202)]]; a cloud [[(204)]]; or an additional control unit [[(206)]] on-board the vehicle [[(104)]]. The motivation would be optimize remaining useful life of compound (Diamond abstract).
Regarding claim 5, Antanaitis does not explicitly teach however Diamond teaches wherein said control means [[(106)]] is arranged to receive, via said communication means (200, 200'), the predetermined end-of-life data from a database including one or more predetermined end-of-life data; each end-of-life data included in the database being associated with a respective component. (paragraph 19, 32, 44-45, 52 111 figure 1)
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Anatanaitis based on the teachings of Diamond to teach wherein said control means [[(106)]] is arranged to receive, via said communication means (200, 200'), the predetermined end-of-life data from a database including one or more predetermined end-of-life data; each end-of-life data included in the database being associated with a respective component. The motivation would be optimize remaining useful life of compound (Diamond abstract).
Claim(s) 19-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antanaitis (US PG Pub No. 2020/0102993) in view of Emami et al (US PG Pub No. 2008/0183404).
Regarding claim 19, Antanaitis does not explicitly teaching however Emami teaches wherein, when the determined remaining life value is less than a first predetermined threshold, the control means [[(106)]] is arranged to determine that the component has reached a first level of wear. (figure 6-8 paragraph 55-58, 62-64).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Antanaitis based on the teachings of Emami to teach when the determined remaining life value is less than a first predetermined threshold, the control means [[(106)]] is arranged to determine that the component has reached a first level of wear. The motivation would be to generate warning of fatigue when element fails (Emami paragraph 11).
Regarding claim 20, Antanaitis does not explicitly teach however Emami teaches wherein, when the control means [[(106)]] determines that the at least one component has reached the first level of wear, the control means is arranged to generate a first alarm signal. (figure 6-8 paragraph 55-58, 62-64).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Antanaitis based on the teachings of Emami to teach wherein, when the control means [[(106)]] determines that the at least one component has reached the first level of wear, the control means is arranged to generate a first alarm signal. The motivation would be to generate warning of fatigue when element fails (Emami paragraph 11).
Regarding claim 21, Antanaitis does not explicitly teach however Emami teaches wherein when the determined remaining life value is less than a second predetermined threshold lower than said first predetermined threshold, the control means is arranged to determine that the component has reached a second wear level greater than the first wear level. (figure 6-8 paragraph 55-58, 62-64).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Antanaitis based on the teachings of Emami to teach wherein, when the determined remaining life value is less than a second predetermined threshold lower than said first predetermined threshold, the control means is arranged to determine that the component has reached a second wear level greater than the first wear level. The motivation would be to generate warning of fatigue when element fails (Emami paragraph 11).
Regarding claim 22, Antanaitis does not explicitly teach however Emami teaches wherein, when the control means determines that the component has reached the second level of wear, the control means is arranged to generate a second alarm signal. (figure 6-8 paragraph 55-58, 62-64).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Antanaitis based on the teachings of Emami to teach when the control means determines that the component has reached the second level of wear, the control means is arranged to generate a second alarm signal. The motivation would be to generate warning of fatigue when element fails (Emami paragraph 11).
Regarding claim 23, Antanaitis does not explicitly teach however Emami teaches wherein, when the determined remaining life value is zero, the control means is arranged to determine that the component has reached an end of life. (figure 6-8 paragraph 55-58, 62-64).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Antanaitis based on the teachings of Emami to teach wherein, when the determined remaining life value is zero, the control means is arranged to determine that the component has reached an end of life. The motivation would be to generate warning of fatigue when element fails (Emami paragraph 11).
Regarding claim 24, Antanaitis does not explicitly teach however Emami teaches wherein, when the control means determines that the component has reached the end of life, the control means is arranged to generate an end-of-life signal. (figure 6-8 paragraph 55-58, 62-64).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Antanaitis based on the teachings of Emami to teach when the control means determines that the component has reached the end of life, the control means is arranged to generate an end-of-life signal. The motivation would be to generate warning of fatigue when element fails (Emami paragraph 11).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antanaitis (US PG Pub No. 2020/0102993) in view of Roberts et al (US PG Pub No. 2013/0261890).
Regarding claim 25, Antanaitis does not explicitly teach however Roberts teaches wherein said usage data is indicative of the number of activations of said at least one component. (abstract)
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Antanaities based on the teachings of Roberts to teach wherein said usage data is indicative of the number of activations of said at least one component. The motivation would be to determine useable life (Roberts abstract)
Conclusion
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/GEORGE C JIN/Primary Examiner, Art Unit 3747