DETAILED CORRESPONDENCE
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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/24/2024 has been considered.
EP 21154040 cannot be considered because no copy was provided of the document as required by 37 CFR 1.98(a)(2).
FR 2473440 and BE 852864 cannot be considered because they are not in the English language, nor contain an English abstract or other statement of relevance, as is required by 37 CFR 1.98(a)(3)(i).
Specification
The abstract of the disclosure is objected to because it contains implied phrases, e.g. “The invention relates to”. Correction is required. See MPEP § 608.01(b).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) and/or PCT Rule 11.13(m) for the following informalities:
Reference characters “4” and “5” have both been used to designate a piston (see pgh. 0050-0051 of the PGPub).
Reference characters “21” and “23” have both been used to designate an opening (see pgh. 0053-0054).
Reference character “4” has been used to designate both a “body” and a “braking piston” (see pgh. 0051-0053).
Reference character “24” has been used to designate both “balls” and a “piston” (see pgh. 0054 vs. 0057).
Reference character “33” has been used to designate both a “body” and a “casing” (see pgh. 0112-0113).
Reference character “39” has been used to designate both a “space formed in the casing” and a “housing” (see pgh. 0105-0106).
Reference characters “51” and “54” have both been used to designate a sheath (see pgh. 0084).
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. 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 § 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.
Claim 12 is 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 pre-AIA the applicant regards as the invention.
Claim 12 recites “a control mechanism”, previously recited in claim 1. This constitutes a double inclusion. It is unclear whether a further control mechanism is being recited.
Dependent claims not specifically mentioned are rejected due to dependency on a rejected base claim for failing to cure the deficiencies of the base claim.
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 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.
Claims 1-3 and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asano (U.S. 2016/0144843).
Regarding claim 1, Asano discloses (figs. 1-4) A railway braking system for a railway vehicle (pgh. 0033), including
a brake cylinder (e.g. 31) configured to act on braking members (11) of the railway vehicle,
an actuation device (25) configured to lock the brake cylinder in a braking position and an unlocking device (28) configured to unlock the actuation device by actuation of a control mechanism (49/50/51 etc.),
wherein the control mechanism includes a control member (49d) movable in translation according to a first direction (left and right in fig. 3) and housed in a casing (23) of the unlocking device connected to the brake cylinder (as shown), the control member being configured to cooperate with the actuation device (as shown), and
a blocking member (51) mounted movable in translation according to a second direction perpendicular to the first direction of movement of the control member (up and down in fig. 3) and housed in the casing of the unlocking device (as shown),
the control mechanism being configured so that, when the actuation device is in a locking position of the brake cylinder and the control member is urged and moved towards a maintenance position in which it is configured to make the actuation device pass into an unlocking position, the blocking member is urged and moved in a position in which it blocks the control member in position (see pgh. 0099-0104 at least).
Regarding claim 2, Asano discloses (figs. 1-4) the unlocking device (28) includes at least one control rod (shaft 49) connected at one end to the control member (as shown) and mounted so as to partially project from the casing (see fig. 1) so as to be urged from outside of the casing (by wheel 60).
Regarding claim 3, Asano discloses (figs. 1-4) the control member is formed by a clevis (49a-d) movably mounted in a space (bore where 49 resides) formed in a body of the casing (as shown), between a safety position, corresponding to locking the brake cylinder, and a maintenance position corresponding to unlocking the brake cylinder (corresponding to left and right positions of 49 respectively),
with the clevis which has a central orifice (formed by 49c in part) configured to receive a lever (51a) of the actuation device (51 is deemed to be “of the actuation device as it forms a constituent part thereof).
Regarding claim 11, Asano discloses (figs. 1-4) a parking brake or a service brake cylinder (cylinder below 31) configured to act on the braking members of the railway vehicle with the actuation device which is configured to lock the brake cylinder in a parking brake configuration (as shown).
Regarding claim 12, Asano discloses (figs. 1-4) the railway braking system is configured to act on mechanical members (15) of the railway vehicle and the unlocking device of which is configured to unlock the actuation device by actuation of a control mechanism (control mechanism 49/50/51 actuates the unlocking device 28 to unlock the actuation device 25 as shown).
Regarding claims 13-14, Asano discloses (figs. 1-4) the unlocking device (50) is urged from outside of the casing by a control cable (e.g. 60)
Regarding claims 15-16, Asano discloses (figs. 1-4) the parking brake or the service brake cylinder act on brake discs or wheels of the railway vehicle (see pgh. 0032 at least, tread brake on the wheel or a disc brake device).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Asano (U.S. 2016/0144843) in view of Stohr (U.S. 2020/0180582).
Regarding claim 10, Asano does not appear to disclose a detection module. In the same field of endeavor of vehicle brakes with blocking devices, Stohr teaches (figs. 1 and 2A) a brake unit (32), actuator (14/16), and a control mechanism (48) including blocking member (50), wherein the control mechanism has a detection module (58) provided with at least one sensor (82) housed in a body of the casing (within the device as shown) and configured to detect the position of the control member and/or of the blocking member (50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the detection module of Stohr within the environment of Asano to confirm the position of the blocking member electronically, thereby eliminating the need of the user to visually or physically check the position manually.
Allowable Subject Matter
Claims 4-9 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if rewritten to overcome any 112(b) rejections, as appropriate.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The documents listed on the PTO-892 disclose various brake control systems and blocking members thereof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID MORRIS whose telephone number is (571)270-3595. The examiner can normally be reached Monday thru Friday; 8:30 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at (571) 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID MORRIS/
Primary Examiner
Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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