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 is being considered by the Examiner.
Specification
The abstract of the disclosure is objected to because the first sentence requires an article, i.e. “A vehicle…”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-15 are objected to because of the following informalities:
Regarding claims 1-15, please add an article to the beginning of each preamble (i.e. ‘A’ for claim 1, and ‘The’ for dependent claims 2-15).
Appropriate correction is required.
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 8-10 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.
Regarding claims 8-10, recitation of “the second hollow channel” does not have antecedent basis.
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 lease 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 lease 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], [0103]).
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 additional strength to the working head, see [0021] of Landin, and improve the performance of the article, see [0072] of Landin.
Conclusion
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
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