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 .
DETAILED ACTION
This is the first non-final office action on the merits. Claims 1-20 are currently pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202210082451.9, filed on 01/24/2022.
Drawings
The drawings are accepted.
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 11-20 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.
Claims 11, 12, 13, 14, and 15 start with “The auxiliary switching device according to claim 7”. However, claim 7 is an independent claim for “A pivot-type suspended monorail multi-way turnout system”. Because “auxiliary switching device” is just a sub-component inside the broader system of claim 7, the relationship between the physical structures is confusing. The examiner recommends modifying the opening preamble of claims 11-15 to read “The pivot-type suspended monorail multi-way turnout system according to claim…, wherein the auxiliary switching device has…” to correct the issue.
Claims 16, 17, 18, 19, and 20 depends on claim 11 and recites “The pivot-type suspended monorail multi-way turnout system according to claim…”. Claim 11 depends on claim 7 and begins with “The auxiliary switching device according to claim 7”. Claim 7 begins with “A pivot-type suspended monorail multi-way turnout system…”. These claims create a cascading chain of lack of antecedent clarity. Modifying the opening preamble of claims 11-15 to read “The pivot-type suspended monorail multi-way turnout system according to claim…, wherein the auxiliary switching device has…” would also correct this issue.
Allowable Subject Matter
Claims 1-10 are allowable. Claims 11-20 are rejected in view of 35 USC § 112 second paragraph, but would be allowable if rejections in view of 35 USC § 112 second paragraph are overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1 and its depending claim(s) 2-6, the closest prior art reference Zhang et al. (CN 113914155 A, provided) teaches (Fig. 1-2): An auxiliary switching device for a pivot-type suspended monorail multi-way turnout system (Fig. 1; Title), comprising: a first driving member (lifting rod 2-3), a bracket (compensation plate 3), a slide block (guide seat 1-2), a second driving member (push rod 1-1) and a switching push head (head of push-rod 1-1 for pushing locking pin 1-4; Fig. 1, claim 3); an action end of the first driving member (2-3) is connected to the bracket (3) to drive the bracket to move back and forth along a first axial direction (vertical direction, lifting or lowering the compensation plate 3; annotated Fig. 1 below); and the switching push head (head of push-rod 1-1 for pushing locking pin 1-4; Fig. 1) is connected to an action end of the second driving member (through connecting rod 2-2; annotated Fig. 1 below) and is driven by the second driving member (1-1) to move along a second axial direction (push-pull direction of push rod 1-1; Fig. 1).
However, Zhang fails to teach the following: a slide rail, wherein the slide block (1-2) is disposed on the bracket (3), is slidably connected onto the slide rail, and moves along the first axial direction; and the second driving member is disposed on the bracket.
While Zhang teaches (Fig. 1-2): a guide seat 1-2 that may be interpreted as the slide block, the examiner finds no obvious reason to modify Zhang to dispose the slide block (1-2) on the interpreted bracket (3) to be slidable on a slide rail (see annotated Fig. 1 below), and to dispose the second driving member (2-2) on the bracket (3). Such a modification would require improper hindsight reasoning and would destroy Zhang’s intended function of locking a switch beam to a track beam.
While other prior art references (CN 213799693 U, CN 113062153 A, CN 112706799 A, CN 112498415 A, CN 112501963 A, CN 112429036 A, US 10858788 B2, CN 111705562 A, CN 111549588 A, CN 111535085 A, CN 109131368 A, CN 108032872 A, CN 105839482 B, WO 2017046741 A1, WO 2014068783 A1) teach a pivot-type suspended monorail multi-way turnout system with an auxiliary switching device, none of these references teach a first driving member and a second driving member disposed on a bracket to be driven in two axial directions, and a slide block disposed on the bracket and is slidably connected to a slide rail.
Independent claim 7 and its depending claim(s) 8-20, the prior art fails to teach a slide rail, wherein the slide block is disposed on the bracket, is slidably connected onto the slide rail, and moves along the first axial direction; and the second driving member is disposed on the bracket. The claims are allowable for the same reasons as claims 1-6 above.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a pivot-type suspended monorail multi-way turnout system with an auxiliary switching device: CN 213799693 U, CN 113062153 A, CN 112706799 A, CN 112498415 A, CN 112501963 A, CN 112429036 A, US 10858788 B2, CN 111705562 A, CN 111549588 A, CN 111535085 A, CN 109131368 A, CN 108032872 A, CN 105839482 B, WO 2017046741 A1, WO 2014068783 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG XI LIN whose telephone number is (571)272-6102. The examiner can normally be reached Mon. through Fri. 9:00am to 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at 5712726684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHENG LIN/Examiner, Art Unit 3615
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