DETAILED ACTION
The Information Disclosure Statements filed on September 24, 2024 and July 28, 2025 have both been reviewed and considered by the Examiner.
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 § 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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barich et al (US 6,955,100).
Barich et al discloses a railroad car comprised of a frame supported on wheelsets 110 and a cargo tank 100 supported by the frame. A fitting assembly connected to a top of the cargo tank, in the form of a hatch 456, the fitting assembly
including a non-contact sensing assembly having a non-contact sensor 200 configured to transmit an ultrasonic pulse into the cargo tank and receive a reflected ultrasonic pulse back reflected by a top surface of fluid in the cargo tank to sense a level of the fluid in the cargo tank, and to generate an output signal based on the sensed level of the fluid in the cargo tank, the non-contact sensing assembly including a shield that is positioned to protect the non-contact sensor from the fluid in the cargo tank when the railroad car moves.
The shield includes a closeable ball valve 462, with the non-contact sensor is positioned above at least part of the shield and also connected to the top of the valve.
The non-contact sensing assembly includes a lever, shown in figure 4D and coupled to the closeable ball valve.
Allowable Subject Matter
Claims 13-16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ball et al (US 2023/0122613), Moore et al (US 2020/0355540), Demchenko (WO 2019160444 A1), Wilkins (US 7,082,828) and Clark (US 5,648,844) all discloses various liquid level measurement devices.
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
July 22, 2026
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