DETAILED ACTION
The Information Disclosure Statement filed on June 16, 2025 has 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, 6-10, 12, 13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seidl (FR 1385159).
Seidl discloses a vibratory tamping machine for compacting a ballast bed of a track, as shown generally in figure 1 and comprised of a vibration mechanism 7, an electric drive motor 1 for driving the vibration mechanism 7, a pair of handles 11 for holding the vibratory tamping machine and a vibration decoupling device 13 for the vibration-decoupling of the at least one handle and the vibration mechanism. The vibration decoupling device comprises at least one vibration damper 12, made of an elastomeric material, for forming a decoupling plane between the vibration mechanism and the handles. The decoupling plane separates a working side from an operating side wherein the vibration mechanism and the electric drive motor are arranged on the working side and the handles are arranged on the operating side.
Electrical lines for activating the electric drive motor and supplying electric power to the electric drive motor run through the decoupling plane as shown by the portion of the line running upward to the motor in figure 1.
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.
Claim(s) 3, 4, 11, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidl (FR 1385159) in view of Steffen (US 2013/0279980).
Seidl discloses the tamping machine as described above. However, Seidl does not specifically show the use of a rechargeable battery to power the electric motor of the machine. Steffen discloses a tamping machine utilizing an air-cooled rechargeable battery as described in paragraphs 0010 and 0047 and an associated energy storage system. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized an air-cooled rechargeable battery, like that of Steffen, and applied it to a tamper, like that of Seidl, with the expected result of providing a cordless power supply so as to make the machine more portable and easier to use for operators.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidl (FR 1385159) in view of Bram et al (US 2008/0196913).
Seidl discloses the tamping machine as described above. However, Seidl does not specifically show the use of a control device for the operation of the device. Bram et al disclose a breaking tool comprised of a control unit mounted in a control box 30 to aid in the operation of the motor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized a control unit, like that of Bram et al, on a tamping device, like that of Seidl, with the expected result of providing a device to more efficiently control the motor so as to reduce wear and prevent malfunctions and damage.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidl (FR 1385159).
Seidl discloses the tamping machine as described above. However, Seidl does not specifically show a plurality of dampers and handles. It would have been an obvious multiplication of parts to one of ordinary skill in the art, before the effective filing date of the claimed invention, with the expected result of providing multiple dampers and additional handles past the two provided as a redundancy system or as a way to more easily maneuver the device.
Allowable Subject Matter
Claims 19 and 20 are 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. Braun (US 9,695,566) discloses a type of tamping tool.
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/Robert J McCarry Jr/ Primary Examiner, Art Unit 3615
RJM
July 9, 2026
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