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 .
Response to Arguments
Applicant's arguments filed 9/9/2026 have been fully considered but they are not persuasive.
Applicant argues that Pfingstl does not disclose a channel passing through any grinding block (see page 7, Arguments). Claim 1 recites the abrasive block and/or metal abrasive module has a first hollow channel. The claim does not impart that the hollow channel passes through a grinding block, i.e. Applicant’s arguments are not commensurate with the claimed invention .As can be seen in Figure 8 of Pfingstl, the maintenance vehicle including grinding tools A1, A2, A3, and A4 comprises at least a first hollow channel (see suction openings S1-S4, [0067]; see also injection devices B1-B4; [0019-0020], [0028]). Thus, Examiner has not found Applicant’s argument persuasive.
Applicant argues that “the cited art expressly excludes a liquid supply” and thus does not disclose “coolant and/or fluid”. Examiner respectfully points out that the term ‘fluid’ does not impart a liquid; for example, gas (i.e. air) is a fluid. Furthermore, a coolant can also be considered air. Thus, Examiner has not found Applicant’s arguments persuasive.
Applicant argues that Landin does not disclose or teach “the grinding wheel is a product of an additive manufacturing process” (page 8, arguments). Examiner apologizes for the paragraph typo, and kindly points Applicant to [0032] and [0007], Landin teaches the abrasive element can be formed by a moldable polymeric material method with abrasive particle additives, i.e. the abrasive particles are added to the polymer. Additive manufacturing includes layering techniques with the addition of elements. Under broadest reasonable interpretation, Pfingstl in view of Landin teaches the claimed invention. Examiner also notes that injection molding techniques such as those described by Landin also incorporate heated products injected into molds. Examiner lastly notes that the instant specification describes that the abrasive can be manufactured by “hot embossing and/or additive manufacturing and/or chemical etching techniques” and the “abrasive block can also be manufactured by pressing, casting, or other methods allowing to produce a block that is hard and/or stable enough for removing metal from a rail by grinding and/or planing” (page 5, lines 5-11). MPEP 2113 states that “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)”.
The interpretation of the claimed invention in light of the specification’s disclosure, in combination with the MPEP citations above, provided guidance for Examiner to apply the prior art. In light of the above, Examiner has not found Applicant’s arguments persuasive, and this action is made final herein.
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 (i.e., changing from AIA to pre-AIA ) 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 and 12-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pfingstl (WO 2022161853A1). Please also refer to the English Translation provided herein.
Regarding claim 1, Pfingstl discloses a Vehicle for machining a rail by grinding and/or planing, comprising a mobile chassis and a metal abrasive module for grinding and/or planing the rail (please refer to at least Figure 1, maintenance vehicle 1, grinding tools A1, A2, A3, and A4, as well as [0003], [0014]), the metal abrasive module comprising:
an eccentric drive performing an eccentric movement (see [0008], [0023], [0045]);
at least one abrasive block mechanically connected with the eccentric drive (see grinding tools disclosed in [0045-0046]; see also Figure 2);
a force exerting drive pressing the abrasive block onto the rail (see pressing device 29 disclosed in [0048], [0052]),
wherein the abrasive block and/or the metal abrasive module has a first hollow channel (see suction openings S1-S4, [0067]; see also injection devices B1-B4; [0019-0020], [0028]).
Regarding claim 2, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein the channel extends substantially perpendicularly to the direction of the rail ([0028]: suction is carried out transversely to the longitudinal direction of the rail; see also Figures 6 and 8; see also [0062-0063], Figures 6 and 8).
Regarding claim 3, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein the first hollow channel has a first opening and a second opening (wherein as can be seen in Figure 8, there is at least one opening for suctioning, one opening for injection, and wherein each device is connected to an internal component which is open inside, i.e. there is at least a first opening and a second opening; see also [0067], [0019-0020], [0028-0029], [0062-0067]).
Regarding claim 4, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein hollow channel is filled with a coolant and/or fluid and/or the hollow channel is configured to guide a coolant and/or fluid (wherein the suction openings S1-S4 have channels for guiding air and debris, and wherein the blowing devices also guide fluid onto the surface of the rail; see [0028-0029], [0062-0067]; see also Figures 6 and 8).
Regarding claim 5, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein the first hollow channel is configured to guide a coolant and/or fluid to a contact surface of the abrasive block with the rail (see blowing devices, [0020], [0029], [0062], [0067]).
Regarding claim 6, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein the first hollow channel is configured to allow suction of debris and/or metal chips from the rail and/or from the environment of the rail (see [0019-0020], [0028], [0062-0067], and Figures 5, 6, and 8).
Regarding claim 7, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein the abrasive block and/or the metal abrasive module has a second hollow channel with a first opening and a second opening (wherein as can be seen in Figure 8, there is at least one opening for suctioning, one opening for injection, and wherein each device is connected to an internal component which is open inside, i.e. there is at least a first opening and a second opening; see also [0067], [0019-0020], [0028-0029], [0062-0067]; see also Figures 5, 6, and 8).
Regarding claim 8, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein the second hollow channel is configured to guide a coolant and/or fluid to a contact surface of the abrasive block and/or the metal abrasive module with the rail and/or the second hollow channel is configured to allow suction of debris and/or metal chips from the rail and/or from the environment of the rail (wherein the suction openings S1-S4 have channels for guiding air and debris, and wherein the blowing devices also guide fluid onto the surface of the rail; see [0028-0029], [0062-0067]; see also Figures 6 and 8; see also [0067], [0019-0020], [0028-0029], [0062-0067]).
Regarding claim 9, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein the first hollow channel and/or the second hollow channel has a section extending substantially vertically and/or has a free-formed section (see at least Figures 5, 6, and 8, as well as [0062-0067]).
Regarding claim 10, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses wherein the first hollow channel and/or the second hollow channel have an opening on top and on the bottom of the abrasive block and/or the metal abrasive module (see Figures 5, 6, and 8 regarding suctioning devices S1-S4, as well as blowing devices B1-B4).
Regarding claim 12, Pfingstl discloses a method for machining a rail by grinding and/or planing, comprising the steps of:
approaching the surface to be machined until contact with a metal abrasive module having at least one abrasive block, wherein the metal abrasive module is mounted on a vehicle (see maintenance vehicle 1, wheels 10, as well as [0041], [0043] regarding the chassis and rails 2, 3; see also grinding tools A1, A2, A3, and A4, as well as [0003], [0014], grinding tools disclosed in [0045-0046]);
performing movements with the abrasive block while pressing the abrasive block onto the rail (see at least [0048], [0052-0056]);
guiding a fluid and/or a coolant to the contact surface of the rail and the abrasive block through a first hollow channel in the abrasive block (see suction openings S1-S4, [0067]; see also injection devices B1-B4; [0019-0020], [0028]; see also Figures 5, 6, and 8; see also [0062-0067], [0028-0029]).
Regarding claim 13, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses further comprising the step of suction of debris and/or metal chips in the vicinity of the abrasive block through the first hollow channel (wherein the suction openings S1-S4 have channels for guiding air and debris, and wherein the blowing devices also guide fluid onto the surface of the rail; see [0028-0029], [0062-0067]; see also Figures 6 and 8; see also [0067], [0019-0020], [0028-0029], [0062-0067]).
Regarding claim 14, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses further comprising the step of alternating suction of debris and/or metal chips in the vicinity of the abrasive block through the first hollow channel and guidance of coolant through the first hollow channel (see [0019-0020], [0028], [0062-0067], and Figures 5, 6, and 8).
Regarding claim 15, Pfingstl discloses the claimed invention as applied above, wherein Pfingstl further discloses further comprising the step of suction of debris and/or metal chips in the vicinity of the abrasive block through a second hollow channel within the abrasive module (wherein the suction openings S1-S4 have channels for guiding air and debris, and wherein the blowing devices also guide fluid onto the surface of the rail; see [0028-0029], [0062-0067]; see also Figures 6 and 8; see also [0067], [0019-0020], [0028-0029], [0062-0067]).
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pfingstl (WO 2022161853A1) in view of Landin (US 20240199984).
Regarding claim 11, Pfingstl discloses the claimed invention as applied above. However, Pfingstl does not explicitly teach wherein the abrasive block is manufactured by hot embossing and/or additive manufacturing and/or chemical etching techniques.
However, from the same or similar field of endeavor of grinding devices, Landin teaches wherein the abrasive block is manufactured by hot embossing and/or additive manufacturing and/or chemical etching techniques (wherein the grinding wheel is a product of an additive manufacturing process, see [0021], [0007], [0028], [0032]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have implemented the teachings of Landin into the invention of Pfingstl. One would be motivated to do so because in order to impart abrasive particles having additional and a selected strength to the working head, see [0021] of Landin, and improve the performance of the article by selecting desired particles, see [0032] of Landin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim (US 20240145254), see [0058]
Rifaut (US 20220266421), see [0011], [0042]
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAKENA S MARKMAN whose telephone number is (469)295-9162. The examiner can normally be reached Monday-Thursday 8:00 am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAKENA S MARKMAN/Primary Examiner, Art Unit 3723
