DETAILED ACTION
The Information Disclosure Statements filed on July 29, 2024 and January 19, 2026 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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,049,732. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and the claims of the previous patent show a tie plate distribution system as shown below.
Claim 1 of the instant application recites a tie plate distribution system including a first end, a second end, and a sloped surface extending between the first end and the second end. This is interpreted to correlate to the upper end, lower end and ramp of the prior patent.
Claim 1 further recites a first diverter located on the sloped surface between the first end and the second end, the first diverter configured to rotate a tie plate around a first axis as the tie plate moves along the sloped surface; and a second diverter located on the sloped surface between the first diverter and the second end, the second diverter configured to rotate the tie plate in a first direction, or a second direction opposite the first direction, around the first axis as the tie plate moves along the sloped surface.
The prior patent also recites first and second diverters with the sloped surface of the instant claims correlating to the ramp of the prior patent.
Claim 2 of the instant claims recites a tie plate ejector positioned adjacent to the
second end, the tie plate ejector configured to eject the tie plate in a predetermined
orientation of a field side of the tie plate independent of an orientation of the tie plate when the tie plate is positioned in the tie plate ejector. Claim 2 recites the same ejector where the second end of the instant claim is the same as the bottom end of the prior patent.
Claim 3 of the instant claims recites that the tie plate ejector is configured to eject the field side of the tie plate, as does claim 3 of the prior patent.
Claim 4 of the instant claims recites a rail-mounted vehicle, as does claim 4 of the prior patent.
Claim 5 of the instant claims recites a tie plate magazine configured to hold a
plurality of tie plates, and the tie plate is ejected into the tie plate magazine, as does claim 5 of the prior patent.
Claim 6 of the instant claims recites a second sloped surface extending from the
tie plate magazine to a location underneath the rail-mounted vehicle, as does claim 6 of the prior patent with the second sloped surface correlating to the ramp of claim 6.
Claim 7 of the instant claims recites a third diverter and a hopper, the third diverter disposed along the sloped surface and configured to eject a first tie plate stacked on top of a second tie plate into a hopper, as does claim 7 of the prior patent with the hopper correlating to the storage area of the prior patent.
Claim 8 of the instant claims recites that the plate distribution system is cylindrically shaped, as does claim 8 of the prior patent.
Claim 9 recites that the sloped surface is helically disposed about the tie
plate distribution system, as does claim 9 of the prior patent.
Claim 10 recites that the second diverter includes a first projection and a
second projection, the first projection configured to engage an upper half of the tie plate,
and the second projection configured to engage a lower half of the tic plate, as does claim 10 of the prior patent with the projection of the instant claims correlating to the protrusions of claim 10 of the prior patent.
Claim 11 of the instant claims recites a railroad tie plate placement system comprised of a rail-mounted vehicle having a bed having a maximum width. Claim 11 also recites a tie plate distribution system configured to deposit tie plates into a first end of a first tie plate magazine or a first end of a second tie plate magazine; the first tie plate magazine attached to the rail-mounted vehicle at a first location within the bed maximum width, the first tie plate magazine extending vertically such that the first end of the first tie plate magazine is located near the bed and a second end of the first tie plate magazine is located below the bed; the second tie plate magazine attached to the rail-mounted vehicle at a second location within the bed maximum width, the second tie plate magazine extending vertically such that the first end of the second tie plate magazine is located near the bed and a second end of the second tie plate magazine is located below the bed. A first sloped surface connected to the second end of the first tic plate magazine and a second sloped surface connected to the second end of the second tie plate magazine, each of the first sloped surface and the second sloped surface having an end for dropping a respective tie plate onto a railroad bed, the ends positioned underneath the bed; and the first tie plate magazine and the second tie plate magazine being capable of dropping the respective tie plate onto a railroad bed simultaneously. Claim 11 of the prior patent recites the same with the ramps correlating to the sloped surfaces described above.
Claim 12 of the instant claims recites that the tie plate distribution system deposits the tie plate into the first tie plate magazine or the second tie plate magazine such that a field side of the tie plate is oriented in a direction away from the tie
plate distribution system, as does claim 12 of the prior patent.
Claim 13of the instant claims recites that tie plate distribution
system is cylindrically shaped as does claim 13 of the prior patent.
Claim 14 of the instant claims recites a third sloped surface helically disposed about the tie plate distribution system, and tie plates are moved along the third sloped surface, as does claim 14 of the prior patent with the sloped surface of the instant claim correlating with the ramp of the prior patent.
Claim 15 of the instant claims recites that the tie plate distribution
system includes a first diverter and a second diverter, the first diverter configured to rotate the tie plate in a first direction about a first axis as the tie plate travels along the tie plate distribution system, the second diverter disposed downstream of the first diverter and configured to rotate the tie plate in the first direction, or a second direction opposite the first direction, as the tie plate travels along the tie plate distribution system, as does claim 15 of the prior patent.
Claim 16 recites that the first diverter is disposed along the first sloped surface, as does claim 16 of the prior patent with the sloped surface correlating to the ramp.
Claim 17 of the instant claims recites that the second diverter includes a first projection and a second projection, the first projection configured to engage an upper half of the tie plate, and the second projection configured to engage a lower half
of the tie plate, as does claim 17 of the prior patent with the projection correlating to the protrusions.
Claim 18 of the instant claims recites that the tie plate distribution
system includes a third diverter; the third diverter is configured to orient the tie plate in a
predetermined orientation as the tie plate is ejected by the tie plate distribution system, as does claim 18 of the prior patent.
Claim 19 of the instant claims recites that the third diverter orients the tie plate such that a field side of the tie plate is positioned in a location away from the
third diverter, as does claim 19 of the prior patent.
Claim 20 of the instant claims recites that a tie plate depositor is configured to transfer a tie plate from the first tie plate magazine to the first sloped surface, as does claim 20 of the prior patent with the sloped surface correlating to the ramp.
Conclusion
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 11, 2026
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