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 .
Claim Rejections - 35 USC § 112
Claim 33 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 33 recites “The method of claim 13, the second type being different from the first type.” It is unclear as to what “types” are being referred to in the claim as there is a lack of antecedent basis to claim 13 for any types. This leaves the claims vague and indefinite.
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, 7, 12, 13, 28-30, 32 and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Savushkin (WO 2018/224959).
Savushkin discloses a railcar comprising a rolling component and removable cargo carriers. The railcar is comprised of a rolling component 1 having a deck 1.1 and wheels supporting the deck, as shown in figures 1 and 3. Figure 3 further shows a first interior, on the left of the figure, and a second interior, on the right of the figures defined by side walls. Figure 14 further shows vertical walls 9.2 at the ends of the car and at the middle to form an intermediate space for a container. The railcar of figure 14 can accommodate three individual, removable car containers. Side stakes extend upward form the side walls to provide additional support to the containers. Paragraphs 0017 and 0042 describe the various types of cargo containers that can be carried by the railcar that include, but are not limited to, containers to carried palletized freight, automobiles and liquid and dry bulk tanks. Paragraph 0013 describes the locating and retaining elements that operate between the container and the deck to secure the cargo to the deck during transit.
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) 5, 6, 27 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Savushkin (WO 2018/224959) in view of McMichael (WO 2016/026001).
Savushkin discloses the railcar and containers as described above. However, Savushkin does not specifically show the containers to have opening or removable lids to access the cargo. McMichael discloses a lid for a container as shown in figures 1-3 and figures 4a and 4b shown the lid associated with a container. Figures 5a and 5b in turn show the lid and container being loaded on a railcar. It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have applied a lid, like that of McMichael, to a container system, like that of Savushkin, with the expected result of providing an efficient and accessible manner of loading and unloading cargo.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Savushkin (WO 2018/224959).
Savushkin discloses the railcar and containers as described above. However, Savushkin does not specifically show the containers to have specific dimensions associated with the railcar. It would have been an obvious design choice to one of ordinary skill in the art, before the effective filing date of the claimed invention to have tailored the dimensions to allow for the railcar interiors to have a length, a width, and a height, and two or more the first removable cargo carriers to have dimensions comprised of a width that is less than 100 percent of a width of the interior, but that is at least 80, 85, 90, or 95 percent of the width of the first interior and a length that is less than 100 percent of a length of the interior but that is at least 80, 85, 90, or 95 percent of the length of the first interior or segment; and a height that is less than 100 percent of the height of the first interior, but that is at least 80, 85, 90, or 95 percent of the height of the first interior, with the expected result of providing containers that allow for adequate space to transport large amounts of cargo and railcars to in turn accommodate the containers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gupta (CA 3086637 A1), Rapeli (WO 02/076804), Rains et al (US 4,756,256) and Loomis (US 3,014,604) all discloses various types of container transport systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, S. Joseph Morano can be reached at 571-272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
August 10, 2026
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