DETAILED ACTION
This is a non-final Office Action in response to communications received on 06/07/2024 and Applicant’s arguments on 06/25/2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings filed on 06/07/2024 are acknowledged.
Response to Arguments
Applicant’s arguments, filed 06/25/2026, to claims 1-20 have been fully considered.
Applicant’s Remarks regarding Claim Objections have been found persuasive; therefore, the Objections are withdrawn.
Applicant’s Remarks regarding Claim rejection under 35 U.S.C. § 112(b) have been found persuasive; therefore, the Rejections are withdrawn.
With respect to the rejections of independent claims 1, and 10 and dependent claims 2-9, and 11-20 under applied prior art references of record in the office action dated 06/04/2026, have been fully considered.
Applicant argues that Sommerfeld only discloses energy absorption during a buff force and therefore fails to teach a movement in the claimed forward direction (FD).
Applicant further argues that Sommerfeld discloses components moving toward each other rather that apart.
The arguments are not persuasive.
Sommerfeld expressly discloses that the disclosed energy dissipating elastomer damper operates during both buff and draft loading. Specifically Sommerfeld discloses that the energy dissipating elastomer damper cooperates with the front and rear resilient members to absorb impact energy during buff loading/condition and cooperates with the front resilient member to absorb impact energy during draft loading. Please see Sommerfeld Paras. [0030]-[0035], [0039]-[0042].
Sommerfeld further teaches that an externally applied force causes axial movement of the force transmitting member relative to the surrounding elastomeric force absorbing member, therefore, compressing the elastomeric member and dissipating impact energy. See Paras. [0030]-[0035]. Therefore, teaches the claimed functional relationship of relative movement producing compression of the elastomeric elements.
Applicant’s argument that Sommerfeld discloses components moving toward each other rather than apart does not distinguish the claimed invention. Claim 1 is directed to relative movement of draw bracket with respect to the shell resulting in compression of the elastomeric elements. The claim does not require that the components move “apart” in an absolute sense. Sommerfeld teaches relative axial movement between the force transmitting member with respect to the surrounding housing that produces compression of the elastomeric member during operation. And expressly teaches that this operation occurs during both buff and draft loading. See Paras. [0039]-[0042].
Although Sommerfeld does not expressly use the terms “forward direction” or “rear direction”, one ordinary skill in the art would recognize that the claimed forward direction merely denotes one direction of the disclosed relative axial movement between the force transmitting member and surrounding structure during operation that result in compression of the elastomeric member. See Paras. [0030]-[0035], [0039]-[0042]. The claimed functional relationship (relative movement producing compression of the elastomer) is therefore taught or at least suggested by Sommerfeld.
Applicant’s argument regarding the claimed pivot pin have been found persuasive. Accordingly, the rejection has been modified. Please see the new grounds of rejection set forth below.
Disposition of Claims
Claims 1-20 are pending in the application. Claims 1-2, 5, and 9-10 are rejected. Claims 3-4, 6-8 and 11-20 are Objected.
Allowable Subject Matter
Claims 3-4, 6-8, and 11-20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Sommerfeld (US 2005/0167385), Ziegler (EP 1738985B1), Barker (US 6,446,820), and Ohda (US 8,844,913) are the closest prior arts of record. Neither of the prior arts teach or suggest that the first stroke is at least 20mm, or adjusting clearance by selecting length of the contact portion.
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.
Claims 1, and 9-10 are rejected under 35 U.S.C. 103 over Sommerfeld (US 2005/0167385) in view of Ziegler (EP 1738985B1), and further in view of Barker (US 6,446,820).
Regarding claim 1, Sommerfeld discloses the limitations of claim 1 as follows:
Damper arrangement for a railway coupler, the damper arrangement (1) comprising a shell (2) with a mounting bracket (21) for mounting on a rear part of a railway coupler, a draw bracket (3) for mounting in connection with a pivot pin of a forward part of a railway coupler, a damper (4) having a damper body (41) connected to the shell (2) and a piston (42) mounted on a damper head (43), the piston (42) being axially received in the damper body (41) and biased to extend in a forward direction (FD), and a plurality of elastomeric elements (5) arranged around the damper body (41) between a first disc (53) and a second disc (52), wherein the second disc (52) is slidable to a first axial stop (32) arranged on or connected to the draw bracket (3) at a rear part of the damper body (41), and the first disc (53) is slidable to a second axial stop (44) arranged on or connected to a forward part of the damper body (41), such that a movement of the draw bracket (3) in the forward direction (FD) in relation to the shell (2) causes a compression of the elastomeric elements (5) against the first disc (53). Sommerfeld, Paras. [0012], [0026], [0030]-[0042], and Figs. 1-4, teaches a damper arrangement for a railway coupler including a shell or housing, a damper body connected to the shell, a piston mounted to a force transmitting member (damper head) and axially received within the damper body, the piston being biased toward an extended position by the elastomeric spring arrangement, and elastomeric damping members that absorb buff and draft loads during relative movement of the coupler components. And further teaches that axial movement of the force transmitting member compressed the elastomeric damping members to absorb impact energy.
Sommerfeld does not explicitly disclose: a draw bracket mounted in connection with a pivot pin, a plurality of elastomeric elements arranged between first and second compression members (Discs), or first and second compression members movable into engagement with respective axial stop structures as recited.
However, Ziegler, Paras. [0011]-[0017], teaches a railway damper (cylinder element 6) having a hydraulic piston received within a cylinder and an elastomeric spring assembly comprising a plurality of elastomeric elements separated and bounded by metallic compression members (discs/end plates). These compression members correspond to the claimed first and second discs disposed on opposite sides of the elastomeric elements and transmitting compressive loads through the elastomer stack.
And Barker, Col. 8, ll. 29-53, Col. 9, ll. 21-67, Col. 10, ll. 1-17, Col. 11, ll. 51-67, Col. 12, ll. 1-10, Col. 13, ll. 1-67, Col. 14, ll. 1-28, Figs. 1-2, teaches a railway draft gear assembly including a yoke mounted to a coupler by a coupler pin, front and rear resilient members, a coupler follower movable within the yoke, and front and rear stop structures that limit longitudinal movement of the follower and resilient members. And further teaches that forward and rearward movement of the follower compresses the resilient members against the associated stop structures. Also teaches that resilient members are not limited to elastomer pads and may alternatively utilize friction springs, compressible fluids, liquid elastomers, or hydraulic as part of the resilient members. Therefore, expressly recognizing hydraulic energy absorption as an alternative resilient medium.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify Sommerfeld’s hydraulic railway damper to incorporate the elastomer stack and compression members as taught by Ziegler and further employ the draft gear architecture, coupler pin mounting, follower arrangement, and stop structure as taught by Barker. The compression members of Ziegler are incorporated into Barker’s stop limited draft gear architecture, in order to provide a railway coupler damper capable of absorbing buff and draft loads during railway coupler impacts while providing controlled compression of the elastomeric elements between opposed compression members Whitin a draft gear assembly.
Regarding claim 9, Sommerfeld, Ziegler and Barker disclose the limitations of claim 1. Sommerfeld, Ziegler and Barker disclose:
The damper arrangement of claim 1,wherein the damper (4) is pre-tensioned in the forward direction (FD). Sommerfeld, Ziegler and Barker teach the damper arrangement of claim 1, as set forth above.
Barker, Col. 8, ll. 29-53, Col. 9, ll. 21-67, Col. 10, ll. 1-17, Col. 11, ll. 51-67, Col. 12, ll. 1-10, Col. 13, ll. 1-67, Col. 14, ll. 1-28, Figs. 1-2, teaches preloading the resilient members of a railway draft gear assembly prior to operation. Barker specifically teaches tightening the assembly to compress the resilient members before installation, therefore, establishing a preload in the resilient members. And further teaches that the front resilient member biases the coupler follower against the forward stop structure, where the resilient members bias the coupler follower into engagement with the draft gear, stops in the neutral position, and that the front and back resilient members are maintained under equilibrium pre-loads, for example, between 25000 and 30,000 pounds.
The same motivation to combine utilized in claim 1 is equally applicable in the instant claim.
Regarding claim 10, Sommerfeld, Ziegler and Barker teach the limitations of claim 1. Sommerfeld, Ziegler and Barker disclose:
Coupler for a railway vehicle, the coupler comprising at least one damper arrangement according to claim 1. Sommerfeld, Ziegler and Barker teach the damper arrangement of claim 1, as set forth above.
Barker, Col. 7, ll. 3-30, Col. 8, ll. 6-32, Col. 9, ll. 21-67, Col. 10, ll. 1-17, Col. 11, ll. 51-67, Col. 12, ll. 1-10, Col. 13, ll. 1-67, Col. 14, ll. 1-28, Figs. 1-3, teaches a coupler for a railway vehicle including a draft gear assembly disposed between a coupler follower and a rear stop within a yoke, the draft gear absorbing buff and draft forces transmitted through the coupler.
The same motivation to combine utilized in claim 1 is equally applicable in the instant claim.
Claims 2 and 5 are rejected under 35 U.S.C. 103 over Sommerfeld (US 2005/0167385) in view of Ziegler (EP 1738985B1), and further in view of Barker (US 6,446,820), and Ohda (US 8,844,913).
Regarding claim 2, Sommerfeld, Ziegler and Barker disclose the limitations of claim1. Ohda discloses:
The damper arrangement of claim 1, wherein the damper head (43) is arranged with a clearance in relation to the first disc (53) such that the damper head (43) is able to move a first stroke length (S1) in the rear direction (RD) towards the first disc (53) without contacting the first disc (53). Sommerfeld, modified by Ziegler and Barker, teach the damper arrangement of claim 1, including a railway coupler damper having a damper body, a piston mounted on a force transmitting member (damper head), elastomeric elements arranged between compression members, and a draw gear arrangement including mounting and stop structures, as discussed with respect to claim 1.
Ohda, Col. 7, ll. 1-39, Col. 8, ll. 1-61, Col. 11, ll. 7-15, Figs. 1-5, teaches a buffering device including a piston rod 15 having a piston head 15b, positioned adjacent a restraining plate 7. Ohda expressly teaches that the piston head is capable of being moved into contact with or away from the restraining plate. In the separated/away condition, the piston head is spaced from the restraining plate prior to engagement during operation.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify he damper arrangement of Sommerfeld, as modified by Ziegler and Barker, to provide an initial clearance between the damper head and the first compression member, which provide an initially separated piston-head/plate arrangement, as suggested by Ohda. The damper head undergoes an initial movement prior to contacting the compression member, in order to reduce initial impact loading.
Regarding claim 5, Sommerfeld-Ziegler, Barker and Ohda disclose the limitations of claim 2. Sommerfeld-Ziegler, Barker and Ohda disclose:
The damper arrangement of claim 2, wherein the damper head (43) is configured to move a second stroke length (S2) together with the first disc (53) after the first stroke length (S1) by pushing against the first disc (53) for compressing the elastomeric elements (5). Sommerfeld-Ziegler, Barker and Ohda teach the damper arrangement of claim 2, including a damper head arranged with an initial clearance relative to a first disc such that the damper head is capable of moving a first stroke length toward the first disc without contacting the first disc, as discussed above.
Sommerfeld teaches a railway coupler damper including elastomeric elements compressed between opposing compression members.
Ziegler teaches elastomeric elements disposed between first and second end plates (discs), where movement of one end plate toward the other compresses the elastomeric elements.
Ohda, Col. 7, ll. 1-39, Col. 8, ll. 1-61, Col. 11, ll. 7-15, Figs. 1-5, teaches a piston head 15b positioned adjacent a restraining plate 7, where the piston head is capable of moving into contact with or away from the restraining plate. Therefore, teaches movement from a separated condition to a contacting condition between the piston head and the opposing plate.
Accordingly, the combined teachings of Sommerfeld-Ziegler, Barker and Ohda render obvious a damper head configured to move a second stroke length together with the first disc after the first stroke length by pushing against the first disc for compressing the elastomeric elements.
The same motivation to combine utilized in claim 2 is equally applicable in the instant claim.
References Considered But Not Relied Upon
Danielsson (US 2023/0365168) teaches an energy dissipation device comprises axially compressible, irreversibly deforming steel elements arranged in a housing and axially pre-tensioned between a compression means and a counter-pressure means.
Monaco (US 6,199,708) teaches a railcar cushioning device with a gas charged cylinder and a piston contained in the cylinder for cushioning buff and draft impacts.
Conclusion
Accordingly, claims 1-20 are pending.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PEGAH BARZEGAR whose telephone number is (703)756-4755.
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/P.B./Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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