DETAILED ACTION
This is a non-final Office Action in response to communications received on 08/28/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings filed on 08/28/2024 are acknowledged.
Disposition of Claims
Claims 1-19 are pending in the application. Claims 1 and 5-7 are rejected. Claims 2-4, and 8-9 are Objected. Claims 10-19 are rejected under 35 U.S.C. 112(b).
Allowable Subject Matter
Claims 2-4, and 8-9 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.
The following is a statement of reasons for the indication of allowable subject matter:
Josephson (US 2022/0371628), and Patil (US 4,301,742) are the closest prior arts of record. Neither of the prior arts teach a third channel, a fourth channel, two spaced apart roof channels, and flexible channel connections at the roof.
Claim 10 is rejected under 35 U.S.C. 112(b), but is allowable over the prior arts.
Claims 11-19 are rejected under 35 U.S.C. 112(b) based on their dependency on Claim 10, but are allowable over the prior arts.
Claim Objections
Claims 1 and 10 are objected to because of the following informalities:
Claim 1 recite “A hopper railroad car comprising: a frame; a first side wall supported by the frame; a first side wall supported by the frame;”.
Appropriate corrections are required.
Claim 10 is objected to because of same informality.
Appropriate corrections are required.
Claim 1 recites “ …. the upper section of the second lower angled panel connected to the connected to the lower section of the upright panel”.
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 1 and 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.
Claim 1 recites “ …. a roof supported by the first side wall, the second side wall, and the frame; …”, which lacks antecedent basis and therefore makes the claims indefinite.
Appropriate correction is required.
Claim 1 recites “ …. by a first channel and flexibly connected to the second wall by a second channel, …”, which lacks antecedent basis and therefore makes the claims indefinite.
Appropriate correction is required.
Claim 10 recites “ …. a roof supported by the first side wall, the second side wall, and the frame; …”, which lacks antecedent basis and therefore makes the claims indefinite.
Appropriate correction is required.
Claims 11-18 are rejected under 35 U.S.C. 112(b) based on their dependency on Claim 10.
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.
Claims 1 and 5-7 are rejected under 35 U.S.C. 103 over Josephson (US 2022/0371628) in view of Patil (US 4,301,742).
Regarding claim 1, Josephson discloses the limitations of claim 1 as follows:
A hopper railroad car comprising: a frame; a first side wall supported by the frame; a first side wall supported by the frame; a roof supported by the first side wall, the second side wall, and the frame; and a partition assembly positioned between the first side wall and the second side wall and partially forming multiple compartments of the hopper railroad car, the partition assembly including: an upright panel having an upper section and a lower section, the upright panel flexibly connected to the first side wall by a first channel and flexibly connected to the second wall by a second channel, a first lower angled panel having an upper section and a lower section, the upper section of the first lower angled panel connected to the lower section of the upright panel, and a second lower angled panel having an upper section and a lower section, the upper section of the second lower angled panel connected to the connected to the lower section of the upright panel. Josephson, Paras. [0032]-[0035], and Figs. 1-3, teaches a railcar body 10 (i.e., frame), side wall 26 (i.e., a first side wall), and a second side wall opposite the first side wall, roof cover 24 (i.e., a roof) supported by the first and second side walls, and a partition structure 20 (i.e., a partition assembly) positioned between the first and second side walls to divide the hopper into compartments. And further teaches that the partition assembly includes an upright panel which is the partitions 20, extending vertically from the sloped floor to the roof cover and extending between the side walls. Wherein, the upright panel includes an upper section and lower section and is attached between the side walls. Para. [0032]-[0034], and Figs. 4-7, “…partition 20 forming plate being coupled to the sloped floor sheets 22 of adjacent bays 14 ….. One sloped floor sheet 22 has a bent horizontal member extending from the end of the lower sloped portion of the partition 20 plate…. The other sloped floor sheet 22 as a coupling portion extending from an end of the horizontal member….” (i.e., a first lower angled panel,….. a second lower angled panel), wherein two sloped floor sheets 22 are attached to the lower portion of the partition, are angled, and extend downward toward opposite hopper outlets.
Josephson does not explicitly disclose:
First and second channels connected to opposite sides of the upright panel;
The first and second channels flexibly connecting the upright panel to the first and second side walls;
However, Patil, Col. 1, ll. 11-43, Col. 2, ll. 35-65, and Figs. 1-4:
“…. Extending generally at right angles from one end of the base 38 is an outstanding leg 40. The partition sheet 26 is rigidly attached to leg 40 of post 36 in an overlapping arrangement. In this embodiment the internal post 36 offers little or no resistance to the side sheet 14 rotating under moment forces. It also removes the partition sheet connection from the area of the maximum moment forces created by partition sheet loading. Further, the post 36…..”
Teaches a covered hopper railroad car including a partition sheet 26, connected to a side sheet 14 through a stress-reducing post 36/42, that is specifically configured to permit relative rotation and reduce stress concentration (reduce damage or buckling) between the partition sheet and side sheet. And further teaches base 38 connected to the side sheet 14 (i.e., a first side wall attachment portion), and leg 40 extending outwardly from the side sheet toward the partition sheet (i.e., an attachment wall), wherein the attachment member defining a bent configuration that functions as a resilient, stress-reducing connection. The attachment members allowing the side sheet to rotate relative to the partition sheet, thereby providing a flexible connection between the partition and side wall.
Under BRI, the bent post member of Patil defines a first channel (L-shaped post 36) including a side wall attachment portion and an attachment wall connected to the upright partition panel, and similarly teaches an opposing attachment arrangement on the opposite side of the partition, therefore, teaching a corresponding second channel.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the partition attachment of Josephson to incorporate the stress-reducing attachment as taught by Patil, in order to reduce cracking, and allow flexure between the partition and the side wall.
Regarding claim 5, Josephson and Patil disclose the limitations of claim1. Josephson and Patil disclose:
The hopper railroad car of Claim 1, wherein the first channel is formed by two first side wall partition channel attachments connected to the upright panel, and wherein the second channel is formed by two second side wall partition channel attachments connected to the upright panel. Josephson, Paras. [0032]-[0035], and Figs. 1-3, teaches a covered hopper railroad car including a partition structure extending between first and second side walls and vertically from sloped floor sheets to a roof structure, wherein the partition divides adjacent hopper bays. And further teaches an upright partition panel positioned between opposing side walls of the hopper railroad car.
Patil, Col. 1, ll. 11-43, Col. 2, ll. 35-65, and Figs. 1-4, teaches a partition sheet to side sheet connection for a covered hopper car utilizing stress-reducing post members positioned between the partition sheet and the side sheet. And discloses attachment members disposed at the connection between the partition sheet and the side sheet on opposite sides of the partition. The post members are rigidly connected to the partition sheet and provide attachment structures between the partition and the adjacent side wall while reducing stress concentrations and permitting relative movement between the partition and side wall. The attachment members include multiple bent portions and are provided on opposite sides of the partition, corresponding to first and second side wall partition channel attachments connected to the upright panel.
The same motivation to combine utilized in claim 1 is equally applicable in the instant claim.
Regarding claim 6, Josephson and Patil disclose the limitations of claim1. Josephson and Patil disclose:
The hopper railroad car of Claim 1, wherein the first channel is formed by a panel attachment wall, a first attachment wall connected to and extending outwardly from the panel attachment wall, and a second attachment wall is connected to and extends outwardly from the panel attachment wall and is spaced apart from the first attachment wall. Josephson, Paras. [0032]-[0035], and Figs. 1-3, teaches a covered hopper railroad car and partition assembly.
Patil, Col. 1, ll. 11-43, Col. 2, ll. 35-65, and Figs. 1-4, teaches a bent attachment member positioned between the partition sheet and the side sheet, with outwardly extending portions that reduce stress concentration and permit relative movement.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the partition attachment of Josephson to incorporate the stress-reducing attachment as taught by Patil, in order to improve fatigue resistance.
Regarding claim 7, Josephson and Patil disclose the limitations of claim1. Josephson and Patil disclose:
The hopper railroad car of Claim 1, wherein the first channel is formed with multiple bends, and wherein the second channel is formed with multiple bends. Josephson, Paras. [0032]-[0035], and Figs. 1-3, teaches a covered hopper railroad car including an upright partition attached to opposite side walls.
Patil, Col. 1, ll. 11-43, Col. 2, ll. 35-65, and Figs. 1-4, teaches replacing conventional rigid partition to side sheet connections with bent stress-reducing post members (posts 34, 36, 42) that are formed from plate members having multiple bends and are connected to the partition sheet to reduce stress and fatigue.
The same motivation to combine utilized in claim 1 is equally applicable in the instant claim.
References Considered But Not Relied Upon
Veit (US 2020/0353954) describes a railroad hopper car including a frame extending upwardly from the shear force transfer members. The frame and the shear force transfer members are connected to transfer a bending moment transversely across the railroad hopper car.
Powidajko (US 2020/0339163) describes a hopper car has at least one internal ring frame. In a further feature, the railroad hopper car has a straight-through center sill. The ring frame has first and second portions mounted to first and second side walls of the car.
Conclusion
Accordingly, claims 1-19 are pending.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PEGAH BARZEGAR whose telephone number is (703)756-4755.
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/P.B./Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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