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 .
DETAILED ACTION
This is the first non-final office action on the merits. Claims 1-20 are currently pending.
Priority
The Acknowledgment is made of applicant’s claim for priority under provisional Application No. 63/290,903, filed on 12/17/2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/17/2024 has been received and considered by the examiner.
Drawings
The drawings are accepted.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation “the rotatable frame” in lines 2-3. It is unclear which rotatable frame is applicant is referring to. Claim 1 recites a buffer frame that rotates between two positions, and claim 15 recites a rotatable gear box frame. For examination purposes, “the rotatable frame” has been construed as “the rotatable gear box frame”.
Claim 20 recites the limitation "the motor and/or the lifting platform" in line 20. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, "the motor and/or the lifting platform" has been construed as "a motor and/or a lifting platform".
Allowable Subject Matter
Claims 1-20 are allowable if all rejections in view of 35 USC § 112 second paragraph are overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1 and its depending claim(s) 2-20, the closest prior art reference Lu et al. (CN 102900048, provided) teaches (Fig. 1 and 5): An apparatus for buffing rails of a railway line (102)(Fig. 4 and 5-1), the apparatus comprising: a wheel subunit comprising: a wheel frame (chassis of vehicle) having a front end and a back end (Fig. 1); two front guide wheels (1), each of said front guide wheels (1) being located on opposing sides of the front end of the wheel frame (Fig. 1 and 5-1), at least one rear guide wheel (5) located at the back end of the frame (Fig. 1), wherein the front guide wheels (1) and the at least one rear guide wheel (5) are configured to engage the rails of the railway line (Fig. 1); and two transport wheels (two large wheels shown in Fig. 1); a buffer subunit (3) comprising: a buffer frame (tow rod 451 and sliding rods 458, 459) pivotably attached to the wheel frame (hinged to the tractor 101; para. 0047; Fig. 5-1); two circular buffer heads (side brush 444 and bottom brush 445; Figs. 5-8 to 5-12), each of said buffer heads (444, 445) being located at opposing sides of the buffer frame between the front guide wheels and the at least one rear guide wheel (Fig. 1 and 5-11 to 5-12), wherein the buffer heads (444, 445) are configured to contact the rails (Figs. 5-10 to 5-12); and a motor (pneumatic motor)(para. 0056); wherein the motor is configured to drive the rotation of the buffer heads to buffer the rails (para. 0056); wherein the buffer frame (tow rod 451 and sliding rods 458, 459) is configured to pivot between a first disengaged position and a second buffing position (Fig. 1 and 5-1).
Lu fails to teach the following limitations: each said transport wheel being pivotably attached on opposing sides of the wheel frame via a respective wheel swing arm; and the motor is located on the buffer frame. While Lu teaches: two transport wheels (two large wheels shown in Fig. 1) and a motor (pneumatic motor) configured to drive the rotation of the buffer heads to buffer the rails (para. 0056), the examiner finds no obvious reason to modify Lu such that each said transport wheel being pivotably attached on opposing sides of the wheel frame via a respective wheel swing arm, and the motor is on the buffer frame. Such a modification would require improper hindsight reasoning.
It is noted that the buffer frame is construed as the tow rod 451 and sliding rods 458, 459 of Lu, which is configured to pivot between a first disengaged position and a second buffing position (Fig. 1 and 5-1). Attaching the motor to the movable rods (451, 457, 459) of Lu (see Fig. 5-1) would be unreasonable to one of ordinary skill in the art.
Another relevant reference Tao et al. (CN 113564974 A, provided) teaches (Fig. 1-9): An apparatus (grinding unit 200) for buffing rails of a railway line (para. 0056), the apparatus comprising: a wheel subunit comprising: a wheel frame (100) having a front end and a back end (Fig. 1); two front guide wheels (two front rail rollers 110), each of said front guide wheels (110) being located on opposing sides of the front end of the wheel frame (Fig. 1), at least one rear guide wheel (two rear rail rollers 110) located at the back end of the frame (100)(Fig. 1 and 3), wherein the front guide wheels and the at least one rear guide wheel (110) are configured to engage the rails of the railway line (para. 0055); and a buffer subunit (grinding unit 200) comprising: a buffer frame (sector plate 241 and arc-shaped rack 242; Fig. 3) with a circular buffer head (grinding wheel 220) powered by a hydraulic motor (220)(Fig. 4-5).
However, Tao also fails to teach two transport wheels, each said transport wheel being pivotably attached on opposing sides of the wheel frame via a respective wheel swing arm; a buffer frame that is pivotably attached to the wheel frame; and two circular buffer heads, each of said buffer heads being located at opposing sides of the buffer frame between the front guide wheels and the at least one rear guide wheel. Making these modifications to Tao would require improper hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a railway track buffing/grinding apparatus mounted on a frame, with buffer heads that are movable relative to a rail for cleaning the rail surface: US-10941527-B2, US-20210180263-A1, CN-105544327-A, DE-202016005093-U1, CN-110258215-A, CN-110886270-A, CN-111055194-A, CN-111926637-A, CN-111996851-A, CN-112482108-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG XI LIN whose telephone number is (571)272-6102. The examiner can normally be reached Mon. through Fri. 9:00am to 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at 5712726684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHENG LIN/Examiner, Art Unit 3615
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