DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/25/24 and 06/05/25 are being considered by the examiner.
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 34-37 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.
CLAIM 34
INDEFINITE USE OF OPTIONAL AND EXEMPLARY LANGUAGE
Claim 34 recites “in particular” multiple times, including “in particular a road-rail vehicle,” “in particular at a minimum speed of 10 km/h,” “in particular on an underside of the rail vehicle,” “in particular the switch,” and “in particular a relative position between the rail vehicle and the switch and/or an alignment of the switch.” The phrase “in particular” makes it unclear whether the following feature is a required limitation of the claimed method or merely an exemplary/preferred feature. For example, it is unclear whether the sensor system must be on the underside of the vehicle, whether the sensor system must detect the switch, and whether the method is limited to a road-rail vehicle or includes other railway vehicles.
Applicant should amend the claim to positively recite the required features and remove the exemplary language, for example by replacing “in particular on an underside of the rail vehicle” with either “on an underside of the rail vehicle” or deleting the phrase if the location is not intended to limit the claim.
INDEFINITE PERMISSIVE “CAN BE” LANGUAGE IN A METHOD CLAIM
Claim 34 recites that the track guidance units “can be individually coupled,” “can be individually displaced and/or activated,” the rail vehicle “can be decoupled” and “can be coupled,” a lane change “can be carried out,” and a relative position “can be detected.” Because claim 34 is drafted as a method, it is unclear whether these clauses require actual method steps or merely describe the capability of a rail vehicle. The claim therefore does not clearly define whether infringement would require performing decoupling, coupling, lane changing, and detecting, or merely providing a vehicle capable of doing so.
Applicant should amend the claim to recite active method steps, such as “individually coupling,” “individually displacing and/or activating,” “decoupling,” “coupling,” “carrying out a lane change,” and “detecting a relative position,” if those actions are intended to be required.
LACK OF CLEAR ANTECEDENT BASIS FOR “THE TRACK/RAIL/TRACK GUIDE”
Claim 34 first recites “track/rail/track guidance” in the preamble and then recites “the track/rail/track guide” before later introducing “a first track/rail/track guide” and “a second track/rail/track guide.” It is unclear whether “the track/rail/track guide” refers to the first guide, the second guide, a generic rail system, the switch region, or another guide. This ambiguity affects the coupling, decoupling, sensing, and lane-change limitations.
Applicant should introduce the rail guides with clear antecedent basis, for example: “providing a railway guide system including a first track/rail guide, a second track/rail guide, and a switch region,” and then consistently refer to “the first track/rail guide,” “the second track/rail guide,” and “the switch region.”
UNCLEAR RELATIONSHIP BETWEEN “TRACK CHANGE” AND “LANE CHANGE”
Claim 34 uses both “track change” and “lane change” to describe the operation in the region of the switch. It is unclear whether “track change” and “lane change” refer to the same maneuver or different operations. This uncertainty is material because the claim separately recites decoupling from a first guide, coupling to a second guide, carrying out a lane change, and changing lanes at a speed not slower than 10 km/h.
Applicant should use one consistent term or expressly define the relationship between the terms, for example by reciting “a track change, also referred to as a lane change,” if the terms are intended to be synonymous.
CLAIM 35
INDEFINITE OPTIONAL DISPLACEMENT LANGUAGE
Claim 35 recites that track guide units “can be displaced individually vertically and optionally also individually horizontally.” The phrase “optionally also” makes it unclear whether horizontal displacement is part of the claimed method. The claim therefore fails to clearly define whether the method requires vertical displacement only, vertical and horizontal displacement, or either alternative.
Applicant should amend the claim to state the intended scope, for example “are displaced individually vertically” or “are displaced individually vertically and horizontally.”
INDEFINITE AND INFORMAL PHRASE “ARE/ARE ARRANGED”
Claim 35 recites “wherein the respective track guide unit at a front and rear are/are arranged in different transverse and/or height positions.” The phrase “are/are arranged” is grammatically unclear. It is also unclear whether the claim requires the front and rear track guide units to be in different positions relative to one another, different positions over time, different transverse positions, different height positions, or any combination thereof.
Applicant should amend the phrase to positively identify the units and the required positional relationship, for example: “wherein the first track guide unit and the second track guide unit are arranged in different height positions during the decoupling and coupling operation.”
INDEFINITE PHRASE “EITHER ONE/THE CURRENTLY UNLOADED TRACK GUIDE UNIT”
Claim 35 recites “the height position of either one/the currently unloaded track guide unit is shifted downwards.” The phrase “one/the” is unclear and appears to present unresolved alternative claim wording. The term “currently unloaded” also lacks clear meaning because the claim does not define whether “unloaded” means not supporting vehicle weight, not mechanically coupled to the rail, not magnetically coupled, not vertically loaded, or not engaged with the guide.
Applicant should amend the claim to identify the relevant track guide unit by antecedent reference and define the condition. For example, if intended, applicant may recite “the height position of the currently decoupled track guide unit is shifted downward until the currently decoupled track guide unit engages the second track/rail guide.”
INDEFINITE REFERENCE TO “THE OTHER TRACK GUIDE UNIT”
Claim 35 recites that “the height position of the other track guide unit is raised.” Because claim 35 recites at least one first track guide unit and at least one second track guide unit and also refers to “either one/the currently unloaded track guide unit,” it is unclear which unit is “the other track guide unit.” This is particularly unclear if more than two guide units are present.
Applicant should identify the unit by name or antecedent basis, for example “the first track guide unit is raised” or “the track guide unit coupled to the first track/rail guide is raised.”
CLAIM 36
INDEFINITE OPTIONAL AND ALTERNATIVE LANGUAGE
Claim 36 recites “optionally also individually horizontally” and multiple “and/or” alternatives concerning vertical displacement, horizontal displacement, magnetic coupling, arrangement in transverse and/or height positions, and magnet activation/deactivation. While alternative language is not improper merely because it is alternative, the present claim combines numerous alternatives in a manner that obscures which actions are required for the claimed method.
Applicant should amend the claim to recite the intended required operation. For example, applicant may separately claim a mechanical displacement embodiment and a magnetic coupling embodiment in separate dependent claims.
DUPLICATIVE AND GRAMMATICALLY UNCLEAR MAGNETIC COUPLING PHRASE
Claim 36 recites “wherein a magnetic coupling is generated/reinforced via activation of magnets a magnetic coupling is generated/amplified.” This language appears to duplicate the magnetic-coupling limitation without a connector and is grammatically incomplete. It is unclear whether the claim requires one magnetic coupling step, two separate magnetic coupling steps, reinforcement, amplification, generation, or some combination thereof.
Applicant should amend the limitation to a single clear statement, for example: “wherein a magnetic coupling is generated or reinforced by activating one or more magnets of the track guidance units.”
INDEFINITE PHRASE “IS/IS ARRANGED”
Claim 36 recites “wherein the respective track guidance unit is/is arranged in different transverse and/or height positions.” The phrase “is/is arranged” is grammatically unclear and appears to present unresolved alternative wording. It is also unclear whether the limitation concerns a structural arrangement before the method is performed or a position reached during the method.
Applicant should amend the phrase to recite the required condition or step, for example: “wherein the respective track guidance units are arranged in different transverse positions during the track change” or “wherein the respective track guidance units are displaced into different height positions.”
INDEFINITE “DEACTIVATED AND/OR ACTIVATED” LANGUAGE
Claim 36 recites that “a magnet of a track guidance unit located at a predefined distance from the track/rail/track guide is deactivated and/or activated.” The phrase “deactivated and/or activated” does not clearly state whether the claimed method requires deactivation, activation, both deactivation and activation, or either. The phrase “predefined distance” also does not specify what distance, range, tolerance, or reference point is required, and therefore does not clearly define when the limitation is satisfied.
Applicant should amend the claim to specify the intended act and condition, for example: “activating a magnet of a track guidance unit when the magnet is within a predetermined coupling distance from the second track/rail guide,” with the predetermined distance defined in the claim or clearly tied to the specification.
CLAIM 37
INDEFINITE “ACTIVATION OF A PERMANENT MAGNET”
Claim 37 recites “a time of activation of a permanent magnet or electromagnet.” The activation of an electromagnet is understandable because an electromagnet may be energized at a selected time. However, the claim does not recite a “switchable permanent magnet” or otherwise explain what constitutes “activation” of a permanent magnet, which ordinarily remains magnetized without energization. The scope of “activation of a permanent magnet” is therefore unclear.
Applicant should amend the claim to recite “activation of a switchable permanent magnet” if that is intended, or otherwise define the act that constitutes activation, such as moving the permanent magnet into a coupling position, mechanically switching magnetic flux, or releasing a shielding element.
INDEFINITE OPTIONAL AND “AND/OR” TIMING LANGUAGE
Claim 37 recites that “a time of activation of a permanent magnet or electromagnet and/or the height displacement and optionally also a transverse displacement of the track guide units is defined.” This phrase does not clearly state whether the claim requires defining a magnet activation time, a height displacement time, a transverse displacement time, or some combination of these timings. The phrase “optionally also” again makes it unclear whether transverse displacement is part of the claimed method.
Applicant should amend the claim to identify each timing that is required, for example: “defining, as a function of an instantaneous position of the rail vehicle, a time for activating the electromagnet and a time for vertically displacing the track guide units.”
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 37 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 37 may be rejected under 35 U.S.C. 112(a), first paragraph, as failing to comply with the written description requirement, if claim 37 is interpreted to cover timing the “activation” of any permanent magnet, including a non-switchable permanent magnet.
The specification appears to describe activation/deactivation of electromagnets and switchable permanent magnets, including magnet-based coupling and decoupling of track guidance units. However, the specification does not appear to reasonably convey possession of defining an activation time for a non-switchable permanent magnet generally. A permanent magnet is continuously magnetized, and the disclosure relied upon for controllable activation appears to concern switchable permanent magnets or electromagnets.
To overcome this issue, applicant may amend claim 37 to recite “a switchable permanent magnet” or otherwise specify that the timed event is movement of a permanent magnet into a coupling position rather than activation of a permanent magnet itself.
CLAIM OBJECTIONS / INFORMALITIES
Claims 34-37 are objected to because the claims contain informalities and apparent translation artifacts, including “track/rail/track,” “one/the,” “are/are,” “is/is,” and inconsistent use of “track guidance unit” and “track guide unit.” Appropriate correction is required.
REFERENCES RELIED UPON
Reference 1: U.S. Patent No. 9,669,847 B2.
Reference 2: U.S. Patent No. 4,132,175.
Reference 3: U.S. Patent No. 10,392,040 B2.
Claim Rejections - 35 USC § 103
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 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.
Claims 34-37 are rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and further in view of Reference 3.
This rejection is made under the broadest reasonable interpretation of the claims in light of the specification. The phrases “in particular,” “can be,” “optionally,” and “and/or” are treated broadly. The terms “track change” and “lane change” are interpreted as changing vehicle guidance from a first rail/guide/track path to a second rail/guide/track path in a switch region. The terms “coupled” and “decoupled” are interpreted as engaging and disengaging vehicle-mounted guide units with rail/guide structures.
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A method for operating a railway vehicle, in particular a road-rail vehicle with a chassis set up for track/rail/track guidance, on which at least two axles are each mounted with wheels, the method comprising: providing a plurality of track guidance units which can be individually coupled to the track/rail/track guide independently of one another via at least one drive and/or actuator of the rail vehicle, and the individual track guidance units can be individually displaced and/or activated independently of one another in this way, that the rail vehicle can be decoupled from a first track/rail/track guide during a journey, in particular at a minimum speed of 10 km/h, for a track change in the region of a switch along the track/rail/track guide and can be coupled to a second track/rail/track guide; whereby a lane change can be carried out during the journey by means of a control/regulation unit based on measured values from a sensor system of the rail vehicle; wherein the rail vehicle has the sensor system, in particular on an underside of the rail vehicle, for detecting the track or rail, in particular the switch, in particular a relative position between the rail vehicle and the switch and/or an alignment of the switch; wherein the sensor system comprises a position sensor and/or a measuring unit; wherein a relative position between the rail vehicle and the switch can be detected based on measurement data from the sensor system and/or geoposition data and/or in conjunction with/by means of at least one marking or detection transmitter of a switch or control unit and/or on the basis of time and speed data of the rail vehicle; wherein a control/regulation unit carries out a lane change in the region of the switch in accordance with a desired direction of travel and against the switch position in the event of a deviation between the desired direction of travel and the direction of travel predetermined by the switch position during a journey; wherein the vehicle does not travel slower than 10 km/h when changing lanes, wherein the rail vehicle is decoupled from the first track/rail/track guide and coupled to the second track/rail/track guide; and wherein the relative position between the rail vehicle and the switch is detected by a detection device of the rail vehicle, wherein information about a desired direction of travel is received by a receiver unit of the rail vehicle and stored by a memory unit of the rail vehicle, wherein an evaluation unit carries out a comparison between the direction of travel specified by the switch position and the desired direction of travel.
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Claim 34 - Analysis
A method for operating a railway vehicle with a chassis and wheels mounted on at least two axles
Reference 1 discloses operating a railway vehicle, including vehicles 210 and 220 configured to travel on railroad tracks 170 and 230. Reference 1 discloses a rail vehicle having chassis/body structures 140, 360, and 470, wheels 430, hubs 440, torsion axles 420, and rails 410 and 510. These structures teach a rail vehicle having a chassis set up for rail guidance and having multiple wheel/axle structures for supporting travel along rails.
To the extent “road-rail vehicle” is treated as limiting, Reference 2 also discloses a guided rail vehicle 50 supported by wheels 52, 54, 90, and 92 on tracks 56 and 58, with vehicle frame 64 and axle housing 62. Under the broad claim language, Reference 1 and Reference 2 teach the railway vehicle environment.
Providing a plurality of track guidance units individually coupled to the track guide via at least one drive and/or actuator
Reference 1 discloses a plurality of vehicle-mounted guide shoes 450. Each guide shoe 450 includes rail/guide-engaging structures, including main wheel 520, side roller bearing 540, ramp 535, pivot point 530, lower knuckle/plate 550, main shaft 595, secondary shaft 590, and spring 597. Reference 1 further discloses actuators 620 connected to the guide-shoe structure and controlled by processor 790. Guide shoes 450 are used to center and guide the vehicle on rails 410 and 510 and to negotiate switch tracks and frogs.
Reference 1 therefore teaches track guidance units that are coupled to rail/track guides and displaced by onboard actuators 620. The actuators 620 are vehicle-side drives/actuators, and the guide shoes 450 are vehicle-side track guidance units.
Reference 2 further discloses onboard guide units including switching guide wheel 76, movable guide wheel 78, fixed guide wheel 80, and corresponding guide wheels 91, 93, 95, 97, 102, 104, and 106. Reference 2 discloses switching apparatus 72 connected through connection 74 to raise and lower guide wheels. Thus, Reference 2 expressly teaches vehicle-side guide units that are selectively engaged and disengaged with guide members 82, 84, 120, and 122.
Individual displacement and/or activation of track guidance units
Reference 1 discloses guide shoes 450 actuated by actuators 620 under instruction from processor 790. Reference 1 further discloses raising and lowering guide-shoe components when negotiating frogs, switch tracks, and rail-to-rail transitions.
Reference 2 expressly teaches raising one guide wheel while lowering another guide wheel using switching apparatus 72. For example, switching guide wheel 76 can be moved into an engaged position 76’ while movable guide wheel 78 is moved into raised position 78’, or the reverse arrangement can be used. The guide wheels are therefore individually displaced to select the guide member/path to be followed.
The claimed “displaced and/or activated” language is met at least by mechanical displacement of guide shoes 450 in Reference 1 and guide wheels 76, 78, 91, 93, 95, 97, 102, and 104 in Reference 2.
Decoupling from a first track/rail/track guide during a journey for a track change in the region of a switch and coupling to a second track/rail/track guide
Reference 1 discloses vehicle-side switch negotiation using guide shoes 450 to switch from one rail to another and traverse switch tracks and frogs. Guide shoes 450 allow the rail vehicle to negotiate switch tracks without requiring the conventional wayside switch to be moved by a remote facility. Reference 1 therefore teaches onboard engagement and disengagement of guide structures for rail-to-rail transition in a switch region.
Reference 2 more explicitly discloses the decoupling/coupling sequence. Reference 2 discloses vehicle 50 transferring between a main guide path and a branch/spur guide path. Movable guide wheel 78, fixed guide wheel 80, and switching guide wheel 76 interact with guide members 82 and 84. By lowering switching guide wheel 76 and raising movable guide wheel 78, vehicle 50 is guided by guide member 84 toward a selected guide beam/path rather than by guide member 82 toward a different path. Reference 2 further discloses raising switching guide wheels 76 and 102 above guide member 120 and lowering movable guide wheels 78 and 104 to engage guide member 122 leading to guide beam 124. This teaches decoupling from one guide path and coupling to another guide path in a switch region.
Track change/lane change during a journey and at not slower than 10 km/h
Reference 1 teaches switching during vehicle travel using onboard guide shoes 450, processor 790, database 740, navigation system 745, position sensors 770, and actuators 620. Reference 2 expressly teaches onboard switching guide wheels that permit vehicle switching at maximum system speed. A speed of 10 km/h is a low operating speed for a rail or guideway vehicle and would have been within the predictable operating range of the Reference 2 vehicle that switches at maximum system speed. Accordingly, the combination teaches or renders obvious that the vehicle does not travel slower than 10 km/h while changing lanes/tracks, with the onboard guide units decoupling from a first guide and coupling to a second guide during the journey.
Lane change by a control/regulation unit based on measured values from a sensor system
Reference 1 discloses processor 790 as the onboard control unit. Processor 790 receives or uses route, position, and navigation information from database 740, navigation system 745, position sensors 770, passenger user interface 795, communication system 710, and associated onboard electronics. Processor 790 instructs actuators 620 to raise and lower guide-shoe components. The lane/track change is therefore carried out by an onboard control unit based on measured or determined vehicle position/routing information.
Reference 3 further discloses onboard computer 10, communication device 12, track database 14, positioning system 18, and back office server 23. Reference 3 teaches determining track location and direction of travel using position information, GPS position reports, and track database information including switch locations. Thus, Reference 3 reinforces that a rail vehicle control system uses sensor/position data to determine vehicle position relative to tracks and switches.
Sensor system for detecting the track or rail, the switch, relative position between the rail vehicle and the switch, and/or switch alignment
Reference 1 discloses position sensors 770 and navigation system 745, with database 740 containing switch-track and station-location data. Reference 1 further discloses guide shoes 450 physically interacting with rail structures and negotiating switches/frogs. Reference 1 therefore teaches detecting or determining vehicle position relative to rail and switch structures.
Reference 3 expressly strengthens this limitation. Reference 3 discloses onboard computer 10 in communication with track database 14 and positioning system 18, with track database 14 including switch-location information. Reference 3 further discloses determining track location, direction of travel, and switch alignment/position using vehicle position information and track-network data. Thus, Reference 3 teaches determining a relative position of a vehicle with respect to switch/track information and determining switch alignment.
Sensor system comprising a position sensor and/or measuring unit
Reference 1 discloses position sensors 770 and GPS antenna 120. Reference 3 discloses positioning system 18 and onboard computer 10 for processing position data. These elements teach the claimed position sensor and/or measuring unit.
Relative position detected based on measurement data, geoposition data, marking/detection transmitter, control unit data, and/or time and speed data
Reference 1 discloses position sensors 770, GPS antenna 120, navigation system 745, and database 740 having switch-track location data. The relative position between the vehicle and a switch track is therefore determined using onboard position/geoposition data and stored track/switch location data.
Reference 3 further discloses positioning system 18, GPS position reports, onboard computer 10, communication device 12, track database 14, and back office server 23. Track database 14 includes switch locations and track data, and the system determines the track on which a train is located and its direction of travel. This teaches determining relative position based on geoposition data and track/switch database data. Communication device 12 also teaches receiving railway-control information from external devices or control infrastructure, corresponding broadly to information received from a control unit or detection transmitter.
Control/regulation unit carrying out a lane change in the switch region according to a desired direction of travel
Reference 1 discloses passenger user interface 795 for receiving destination information and database 740 for route information. The resulting route contains positions and quantities of switch tracks to be negotiated. Processor 790 controls actuators 620 to raise/lower guide-shoe components so the vehicle follows the desired route. Thus, Reference 1 teaches carrying out a switch/track change according to desired travel direction or route.
Reference 2 further discloses onboard selection between alternative guide paths. If straight movement is desired, movable guide wheels 78 and 104, together with guide wheels 95 and 97, cooperate with guide member 82 and guide beam 108. If switching movement is desired, switching guide wheels 76 and 102, together with guide wheels 91 and 93, are lowered so guide member 84 directs the vehicle toward guide beam 110. Thus, Reference 2 expressly teaches onboard selection between alternative paths in a switch region according to the desired path.
Against the switch position in the event of deviation between desired direction and direction predetermined by switch position
Reference 1 teaches using vehicle-mounted guide shoes 450 to negotiate switch tracks, thereby reducing or eliminating reliance on conventional track switching by a remote facility. Under the broadest reasonable interpretation, Reference 1 teaches selecting a vehicle path by onboard guide-unit actuation even when the trackside switch condition would otherwise not impose that selected path.
Reference 2 reinforces this feature because guide members 82 and 84 provide alternative guide paths, and onboard switching apparatus 72 determines which guide wheel engages which guide member. Thus, when the otherwise predetermined path through the guide structure would be one direction, the onboard guide wheels may be actuated to follow a different route by engaging the alternate guide member. This corresponds to carrying out a lane change contrary to the direction that would otherwise be predetermined by the switch/guide position.
Reference 3 supplies the express switch-position/switch-alignment determination. Reference 3 teaches determining track location, direction of travel, and switch alignment using onboard computer 10, communication device 12, positioning system 18, track database 14, and back office server 23. It would have been obvious to use the switch-alignment determination of Reference 3 in the onboard switching system of Reference 1 and Reference 2 so that processor 790 or an equivalent onboard control unit can compare the desired route with the known switch alignment before commanding the guide units.
Desired direction received by receiver unit and stored by memory unit
Reference 1 discloses passenger user interface 795 for receiving destination information. Reference 1 also discloses database 740 for storing switch-track/station-location data and route information used by navigation system 745 and processor 790. Passenger user interface 795 corresponds to a receiver unit for receiving desired travel information, and database 740 corresponds to a memory unit storing route/switch data.
Reference 3 further discloses communication device 12 configured to receive, transmit, and process data signals and to communicate with railway-control infrastructure. Reference 3 also discloses track database 14 and onboard computer 10. Thus, Reference 3 teaches receiving railway-control information and storing/processing track/switch data in an onboard or associated computer system.
Evaluation unit comparing direction specified by switch position and desired direction of travel
Reference 1 discloses processor 790, navigation system 745, and database 740 determining a route from destination information, including switch tracks to be negotiated. Reference 3 discloses onboard computer 10 determining track location, direction of travel, and switch alignment/position. Combining these teachings yields an evaluation unit that compares the desired route/direction from Reference 1 with the switch alignment/position information from Reference 3 before actuating the guide units. This comparison is a predictable control function necessary to determine whether the onboard guide shoes/wheels should be actuated to select the desired path despite the switch/guide state.
Conclusion as to claim 34
Reference 1 teaches the core vehicle-side switch negotiation architecture using vehicles 210/220, guide shoes 450, actuators 620, processor 790, database 740, navigation system 745, position sensors 770, communication system 710, and passenger user interface 795. Reference 2 teaches the specific onboard guide-wheel raising/lowering arrangement for coupling to one guide path while decoupling from another and doing so at speed. Reference 3 teaches the switch-position/switch-alignment and track/direction determination features using onboard computer 10, communication device 12, positioning system 18, track database 14, and back office server 23. The combined teachings render claim 34 obvious.
Claim 34 - Motivation to Combine
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify Reference 1 with Reference 2 because both references address vehicle-side switching of guided rail/guideway vehicles. Reference 1 uses onboard guide shoes 450 and actuators 620 to negotiate switch tracks, while Reference 2 provides an onboard switching-wheel arrangement in which guide wheels 76, 78, and 80 are raised and lowered by switching apparatus 72 to select between guide members 82 and 84 and guide beams 108 and 110. Incorporating the guide-wheel actuation arrangement of Reference 2 into the vehicle-side switching system of Reference 1 would have predictably improved positive guidance, fail-safe path selection, and high-speed switching reliability while retaining the objective of reducing reliance on remote wayside track switching.
It would further have been obvious to incorporate the switch-position, switch-alignment, track-location, communication, and direction-of-travel determination features of Reference 3 into the combined system. Reference 1 already uses processor 790, database 740, navigation system 745, and position sensors 770 to determine which switch tracks are to be negotiated. Reference 3 provides the known rail-control improvement of determining track location, direction of travel, and switch alignment using onboard computer 10, communication device 12, positioning system 18, track database 14, and back office server 23. A person of ordinary skill would have used the switch-alignment information of Reference 3 so the onboard controller could compare the desired route with the actual or determined switch/guide condition before actuating the guide units, thereby improving route safety and reducing erroneous switch negotiation.
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The method according to claim 34, wherein for decoupling from the first track/rail/track guide and for coupling to the second track/rail/track guide at least one first track guide unit on a bow side of the corresponding axle and at least one second track guide unit on a rear side of the corresponding axle can be displaced individually vertically and optionally also individually horizontally in a lateral direction transverse to the rail vehicle, wherein the respective track guide unit at a front and rear are/are arranged in different transverse and/or height positions, and wherein the height position of either one/the currently unloaded track guide unit is shifted downwards until this track guide unit ensures support and guidance of the rail vehicle on the desired track/rail/track section, so that the rail vehicle is coupled thereto, whereupon the height position of the other track guide unit is raised, so that the rail vehicle is decoupled from the previous track/rail/track guide, the respective track guide units being actuated/controlled by means of the control/regulation unit on the basis of measurement data from a sensor system of the rail vehicle.
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Claim 35 - Analysis
Claim 35 depends from claim 34. The rejection of claim 34 over Reference 1 in view of Reference 2 and further in view of Reference 3 is incorporated.
First and second track guide units on front/rear sides of the corresponding axle
Reference 2 discloses multiple onboard guide wheels associated with vehicle support-wheel sets. Reference 2 discloses switching guide wheel 76, movable guide wheel 78, fixed guide wheel 80, and corresponding additional guide wheels 91, 93, 95, 97, 102, 104, and 106. These guide wheels are arranged at different vehicle locations and cooperate with guide members 82, 84, 120, and 122 to maintain guidance before, during, and after switching. Reference 2 also discloses support wheels 52, 54, 90, and 92 at different vehicle positions, with guide-wheel sets associated with the vehicle support structure.
Reference 1 similarly discloses multiple guide shoes 450 associated with the rail vehicle and used to guide wheels 430 along rails 410 and 510. Guide shoes 450 include separate movable guide components and actuators 620. Thus, the combination teaches plural guide units at different longitudinal portions of the vehicle, including front/rear guide-unit arrangements.
Individual vertical displacement and optional horizontal displacement
Reference 2 expressly discloses vertical displacement of guide wheels. Switching apparatus 72 lowers switching guide wheel 76 into position 76’ and raises movable guide wheel 78 into position 78’, or performs the reverse action. Reference 2 further discloses lowering switching guide wheels 76 and 102, and guide wheels 91 and 93, for a selected switch path and raising or lowering movable guide wheels 78, 104, 95, and 97 depending on the desired path. Thus, Reference 2 teaches individual vertical displacement of track guide units.
Reference 1 also discloses actuators 620 that raise and lower portions of guide shoes 450. Reference 1 further discloses guide shoe components including pivot point 530, side roller bearing 540, lower knuckle/plate 550, main shaft 595, and secondary shaft 590, which permit guide-shoe interaction with rail 510 during rail-to-rail transitions. To the extent optional horizontal displacement is considered limiting, the lateral rail-engaging behavior of guide shoes 450 and the lateral engagement of guide wheels 76 and 78 with guide members 82 and 84 provide the relevant transverse guide positioning. In any event, claim 35 recites horizontal displacement as optional.
Front and rear guide units arranged in different transverse and/or height positions
Reference 2 teaches that different guide wheels occupy different height positions during switching. For example, switching guide wheel 76 is lowered while movable guide wheel 78 is raised, or vice versa. Reference 2 also teaches different guide-wheel sets at different vehicle locations, including guide wheels 76 and 102, guide wheels 91 and 93, movable guide wheels 78 and 104, and guide wheels 95 and 97. These guide units are arranged and actuated so that some guide wheels are engaged with guide members while other guide wheels are raised or disengaged. This teaches the claimed different height positions and, through engagement with different guide members 82, 84, 120, and 122, different transverse guiding relationships.
Reference 1 likewise teaches that portions of guide shoes 450 are raised/lowered during negotiation of frogs and switch tracks. Accordingly, the front/rear or first/second guide units are arranged in different positions during switching.
Lowering the currently unloaded guide unit until it supports/guides the vehicle on the desired track section
Reference 2 teaches lowering switching guide wheel 76 into engagement with guide member 84 when a switch path is desired. The lowered switching guide wheel 76 then guides vehicle 50 toward the desired guide beam/path. Reference 2 also teaches that after the switch, movable guide wheels 78 and 104 are lowered to engage guide member 122 leading to guide beam 124. Thus, the guide wheel that was previously raised or not controlling the vehicle path is lowered until it provides guidance on the desired guide section.
Reference 1 similarly teaches that guide shoes 450 are controlled by actuators 620 under processor 790 to engage rail portions during switch negotiation. Thus, the combined system lowers the guide unit needed for the desired track/guide section.
Raising the other guide unit so the vehicle is decoupled from the previous guide
Reference 2 expressly teaches raising the guide wheel associated with the undesired path. For example, switching apparatus 72 lowers switching guide wheel 76 while raising movable guide wheel 78, or vice versa. Reference 2 also teaches raising switching guide wheels 76 and 102 above guide member 120 after the switch while lowering movable guide wheels 78 and 104 to engage guide member 122. This is the claimed sequence of coupling to the desired guide and decoupling from the previous guide.
Actuation/control by the control/regulation unit based on measurement data from a sensor system
Reference 1 teaches processor 790 controlling actuators 620 using route, position, and navigation information from database 740, position sensors 770, navigation system 745, and passenger user interface 795. Reference 3 teaches onboard computer 10 using positioning system 18 and track database 14, including switch-location and track-position data. Thus, the guide units in the combined system are actuated by a control unit based on sensor/position information.
Conclusion as to claim 35
Reference 2 supplies the strongest teaching for claim 35 because it expressly discloses lowering one onboard guide wheel while raising another to transfer guidance from one guide path to another. Reference 1 supplies the processor-controlled guide-shoe actuation environment, and Reference 3 supplies switch/track position determination. The combination renders claim 35 obvious.
Claim 35 - Motivation to Combine
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to apply the alternating guide-wheel raising/lowering sequence of Reference 2 to the guide-shoe switching system of Reference 1 because Reference 2 provides a predictable mechanical arrangement for maintaining continuous positive guidance while transferring a vehicle from one guide path to another. A person of ordinary skill would have recognized that lowering the guide unit for the desired path before raising the guide unit for the previous path reduces loss of guidance during the switch transition. Combining that sequence with processor 790, actuators 620, position sensors 770, and route database 740 of Reference 1 would have predictably improved switch traversal reliability. The track-position and switch-alignment determination of Reference 3 would further assist the controller in timing and confirming the proper guide-unit actuation.
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The method according to claim 34, wherein for decoupling from the first track/rail/track guide and for coupling to the second track/rail/track guide for a track change in the region of a switch, at least two track guide units can each be displaced individually vertically, optionally also individually horizontally, on one side of the rail vehicle in a lateral direction transversely to the rail vehicle and/or wherein a magnetic coupling is generated/reinforced via activation of magnets a magnetic coupling is generated/amplified, wherein the respective track guidance unit is/is arranged in different transverse and/or height positions and/or a magnet of a track guidance unit located at a predefined distance from the track/rail/track guide is deactivated and/or activated, wherein the respective track guidance units are actuated/controlled based on measurement data from a sensor system of the rail vehicle by means of the control/regulation unit.
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Claim 36 - Analysis
Claim 36 depends from claim 34. The rejection of claim 34 over Reference 1 in view of Reference 2 and further in view of Reference 3 is incorporated.
At least two track guide units displaced individually vertically on one side of the rail vehicle
Reference 2 discloses plural guide wheels on one side of vehicle 50, including switching guide wheel 76, movable guide wheel 78, fixed guide wheel 80, and corresponding guide wheels 102, 104, and 106. Reference 2 discloses that switching apparatus 72 raises and lowers selected guide wheels to engage one guide member while disengaging another. The guide wheels are individually vertically displaced to select the desired guide path through the switch.
Reference 1 likewise discloses guide shoes 450 having multiple rail-engaging guide components controlled by actuators 620. Reference 1 teaches raising/lowering guide-shoe portions so the vehicle can traverse frogs and switch tracks. Guide shoes 450 are vehicle-side track guide units, and Reference 2 supplies the explicit individually displaced guide-wheel sequence.
Optional horizontal displacement and different transverse and/or height positions
Reference 2 guide wheels engage different guide members 82, 84, 120, and 122 associated with different paths, including guide beams 108, 110, and 124. The guide units therefore occupy or cooperate with different transverse guide relationships depending on which path is selected. Reference 2 also teaches different height positions because one guide wheel is lowered into engagement while another is raised out of engagement.
Reference 1 discloses guide-shoe components including side roller bearing 540, pivot point 530, lower knuckle/plate 550, main shaft 595, and secondary shaft 590, which permit guide shoe 450 to interact with rail 510 and accommodate rail geometry during switching. To the extent transverse displacement is considered limiting, the combined structure provides transverse path selection through laterally spaced guide surfaces and rail-engaging guide units. To the extent “optionally also” is treated as optional, the vertical displacement alone satisfies the limitation.
Magnetic coupling language
Claim 36 recites mechanical displacement and magnetic coupling using “and/or.” Under the broadest reasonable interpretation, the claim is satisfied by the mechanical displacement alternative. The present rejection relies on the mechanical displacement alternative taught by Reference 1 and Reference 2. Reference 1 teaches mechanical guide shoes 450 actuated by actuators 620, and Reference 2 teaches mechanical guide wheels 76, 78, and 80 actuated by switching apparatus 72. No magnetic coupling reference is necessary for the present rejection under this interpretation.
If applicant amends claim 36 to require magnetic coupling, generation/reinforcement of magnetic coupling, magnet activation, or magnet deactivation as a mandatory feature, additional search and/or a different secondary reference should be considered.
Actuated/controlled based on measurement data from the sensor system by the control/regulation unit
Reference 1 discloses processor 790 controlling actuators 620 using information from database 740, navigation system 745, position sensors 770, and passenger user interface 795. Reference 3 discloses onboard computer 10 using positioning system 18, communication device 12, and track database 14 to determine track location, direction of travel, switch location, and switch alignment. Thus, the guide units are actuated by a control unit based on sensor/position information.
Conclusion as to claim 36
Reference 1 and Reference 2 teach at least two onboard guide units that are vertically displaced to couple and decouple the vehicle from guide/rail structures in a switch region. Reference 3 teaches the track/switch position information used by the control unit. Claim 36 is therefore obvious under the mechanical-displacement alternative.
Claim 36 - Motivation to Combine
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to use multiple individually displaced guide units on one side of the vehicle of Reference 1 because Reference 2 teaches that plural guide wheels on one side of a guided vehicle provide positive, reliable path selection through a switch. Using two or more guide units allows one unit to engage the desired guide path while another is raised or disengaged from the previous path, thereby maintaining guidance continuity and reducing risk of derailment or misrouting. A person of ordinary skill would have had reason to control those guide units using processor 790 and actuators 620 of Reference 1, together with track/switch-position information from Reference 3, because automated switching requires the guide units to be actuated at the correct location and in the correct sequence.
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The method according to claim 34, wherein a time of activation of a permanent magnet or electromagnet and/or the height displacement and optionally also a transverse displacement of the track guide units is defined as a function of an instantaneous position of the rail vehicle on the track/rail/track guide, in particular in that the time is specified by means of the control/regulation unit to at least one drive and/or actuator of the rail vehicle in the region of the switch.
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Claim 37 - Analysis
Claim 37 depends from claim 34. The rejection of claim 34 over Reference 1 in view of Reference 2 and further in view of Reference 3 is incorporated.
Timing of height displacement defined as a function of instantaneous vehicle position
Reference 1 discloses database 740 storing switch-track location information, navigation system 745 determining route information, position sensors 770 determining vehicle position, and processor 790 controlling actuators 620 for guide shoes 450. Reference 1 also discloses that the route contains the positions and quantities of switch tracks to be negotiated. Thus, processor 790 commands actuators 620 at the appropriate time/location so guide shoes 450 are raised or lowered in the switch region.
Reference 3 further discloses onboard computer 10, positioning system 18, track database 14, and communication device 12. Reference 3 teaches determining track location, direction of travel, and switch alignment/position using position information and track database information. Thus, Reference 3 teaches using instantaneous or current vehicle position relative to a track/switch network to perform railroad control determinations.
Reference 2 discloses that guide wheels must be in the proper raised/lowered states for vehicle 50 to follow the selected guide member and switch path. For example, switching guide wheel 76 is lowered and movable guide wheel 78 is raised to follow one path, while the opposite arrangement follows another path. Reference 2 also teaches switching at maximum system speed, making proper timing of guide-wheel actuation necessary for safe switch traversal.
Time specified by the control/regulation unit to a drive and/or actuator in the switch region
Reference 1 discloses processor 790 sending instructions to actuators 620. Actuators 620 raise/lower guide shoes 450 in connection with switch-track negotiation. Thus, Reference 1 teaches a control unit specifying actuation of vehicle-side drives/actuators in the region of a switch.
Reference 2 supplies the specific height-displacement actuation of guide wheels by switching apparatus 72. Reference 3 supplies the position/switch information that allows the control unit to define the timing as a function of current vehicle position relative to the switch.
Magnet activation language
Claim 37 uses “and/or,” so the limitation is satisfied by defining the time of height displacement of the guide units. The present rejection does not rely on timing activation of a permanent magnet or electromagnet. If applicant amends claim 37 to require magnet activation as a mandatory limitation, particularly activation of a permanent magnet, additional search and/or clarification under §112 should be considered.
Conclusion as to claim 37
Reference 1 teaches processor-controlled guide-shoe actuation using route and position data. Reference 2 teaches guide-wheel height displacement for switching at speed. Reference 3 teaches determining current track/switch position and switch alignment. The combination renders obvious defining the timing of guide-unit height displacement as a function of the instantaneous position of the rail vehicle in the switch region.
Claim 37 - Motivation to Combine
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to time the height displacement of guide shoes 450 of Reference 1 and guide wheels 76, 78, 102, and 104 of Reference 2 based on instantaneous vehicle position because onboard switching at speed requires guide units to be raised or lowered before the vehicle reaches the relevant switch, frog, guide member, or branch point. Reference 1 already determines switch-track positions using database 740, navigation system 745, and position sensors 770, and already commands actuators 620 using processor 790. Reference 3 provides a known rail-control technique for determining track location, direction of travel, and switch alignment using onboard computer 10, positioning system 18, and track database 14. Combining these teachings would have predictably improved switch-actuation timing and reduced the risk of late, premature, or incorrect guide-unit actuation.
PRIOR ART CONSIDERED BUT NOT USED
U.S. Patent Application Publication No. 2012/0304885 A1 is relevant because it discloses a vehicle using support wheels 5, lifting mechanism 4, auxiliary rails 6L and 6R, sensors 11, actuators 12, and local/central computer control to pass switches. It was not used because Reference 1 provides a stronger primary teaching of onboard guide shoes, route database control, position sensors, destination input, and switch-track negotiation, while Reference 2 provides clearer guide-wheel raising/lowering at speed.
U.S. Patent Application Publication No. 2019/0375257 A1 is relevant because it discloses a rail vehicle/railcar mover with rail guide wheels 42, hydraulic cylinders 48, processor 62, drive shaft speed sensor 64, rail guide wheel speed sensor 66, and controller 70. It was not used because it is directed mainly to rail guide wheel engagement and traction/weight distribution, not vehicle-side lane/track changing through a switch.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON C SMITH whose telephone number is (703)756-4641. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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/Jason C Smith/ Primary Examiner, Art Unit 3615
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