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 10-20 are currently pending.
Priority
Acknowledgment is made of applicant’s claim for priority under Divisional Application No. 17/112,200, filed on 12/04/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/27/2024 has been received and considered by the examiner.
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 19-20 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.
Claim 19 recites “between the forward side and the back side” in line 4. The “forward side” and the “back side” lack antecedent basis. For examination purposes, “between the forward side and the back side” has been construed as “between a forward side and a back side”.
Claim 20 recites “the forward side and the back side” in line 5. The “forward side” and the “back side” lack antecedent basis. For examination purposes, “the forward side and the back side” has been construed as “a forward side and a back side”.
Claim Rejections - 35 USC § 103
Claims 10-13, 15-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over German reference (DE 29710219) in view of Constantine (US 10,081,915).
Regarding claim 10, the German reference (DE 29710219 U1) teaches (Fig. 1): A direct fixation fastener assembly comprising: a direct fixation fastener (3); a laterally elongated support block (16) including a first lateral side, a second lateral side, a forward side, a back side, a ground-facing lower side, and an upper side opposite to the lower side and having an upper fastening surface (for weld screws 2 and sill screws 14)(inherent for a block to have two lateral sides, forward side, back side, and upper/lower sides; Fig. 1); at least one of, the first lateral side and the second lateral side, or the forward side and the back side, together form an upwardly narrowed taper (Fig. 1); a first set of fastener holes (dowel holes for dowels 5) are formed in the support block (16) and open in the upper fastening surface (Fig. 1), and fastener-clamping anchors (dowels 5) are resident in the first set of fastener holes to receive fastener-clamping fasteners (weld screws 2) for clamping the direct fixation fastener (3) to the upper fastening surface (Fig. 1; para. 0033); a second set of fastener holes (dowel holes for cast-in dowels 13) are formed in the support block (16) and open in the upper fastening surface (Fig. 1), and bracket-clamping anchors (cast-in dowels 13) are resident in the second set of fastener holes to receive bracket-clamping fasteners (sill screws 14) for clamping a third-rail bracket (holder 20) to the upper fastening surface (Fig. 1); and the first set of fastener holes (holes for dowels 5) are arranged in a first anchor pattern (Fig. 1).
The German reference (DE 29710219 U1) does not explicitly teach that the direct fixation fastener (angle guide plates 3) has a metallic frame having an upper rail plate, and a non-metallic jacket.
Constantine discloses a track rail fastening assembly comprising a direct fixation fastener including metallic frame 46/48 and non-metallic jacket 50, and fastener- clamping fasteners 20 (Fig. 1-2).
In view of Constantine, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to alternatively use a track rail fastening assembly, similar to that taught by Constantine, in the structure of the DE reference to achieve a secure connection, wherein the metallic frame coated with a non-metallic material is advantageous, e.g., improving corrosion resistance and reducing vibration.
The German reference (DE 29710219 U1) further teaches (Fig. 1): the second set of fastener holes (holes for dowels 13) are arranged in a second anchor pattern, but does not explicitly teach that the second anchor pattern is different from the first anchor pattern.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the second set of fastener holes in a second anchor pattern different from the first anchor pattern, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C). Arranging the fastener holes for fixing the direct fixation fastener in a different pattern from the fastener holes for fixing the third-rail bracket based on fastener sizes or strength requirement would reduce localized stress concentrations, and increase the overall joint strength by distributing the load across a wider area of the material.
Regarding claim 11, the German reference (DE 29710219 U1) further teaches (Fig. 1): the support block (16) defines a vertical center axis (center axis of guide rail 7) extending between the lower side and the upper side (Fig. 1), and the direct fixation fastener (3) defines a contact footprint with the upper fastening surface that is laterally off-centered from the vertical center axis (Fig. 1).
Regarding claim 12, the German reference (DE 29710219 U1) does not explicitly teach that the first anchor pattern and the second anchor pattern differ in at least one of a hole number, a hole-to-hole spacing in a fore-aft direction, or a hole-to-hole spacing in a lateral direction.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the second set of fastener holes in a second anchor pattern having a hole-to-hole spacing different from the first anchor pattern, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C). Arranging the fastener holes for fixing the direct fixation fastener in a hole-to-hole spacing different from the fastener holes for fixing the third-rail bracket based on fastener sizes or strength requirement would reduce localized stress concentrations, and increase the overall joint strength by distributing the load across a wider area of the material.
Regarding claim 13, the German reference (DE 29710219 U1) does not explicitly teach that a hole-to-hole spacing in the lateral direction defined by the first anchor pattern is greater than a hole-to-hole spacing in the lateral direction defined by the second anchor pattern.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the second set of fastener holes in a second anchor pattern having hole-to-hole spacing different from the first anchor pattern, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C). Arranging the fastener holes for fixing the direct fixation fastener in a hole-to-hole spacing different from the fastener holes for fixing the third-rail bracket based on fastener sizes or strength requirement would reduce localized stress concentrations, and increase the overall joint strength by distributing the load across a wider area of the material.
Regarding claim 15, the German reference (DE 29710219 U1) further teaches (Fig. 1): the lower side includes a lower perimetric edge defining a first rectangular footprint (block 16)(Fig. 1), and the upper side includes an upper perimetric edge defining a second rectangular footprint (Fig. 1); and the first lateral side and the second lateral side together form a fore-aft trapezoidal profile (Fig. 1), and the forward side and the back side together form a lateral trapezoidal profile (it is noted that a rectangular profile can be defined as a trapezoidal profile; Fig. 1).
Regarding claim 16, the German reference (DE 29710219 U1) further teaches (Fig. 1): the support block (16) further includes a matrix material and molded-in rebar reinforcements within the matrix material (molded-in reinforcements 11, 12 within the matrix material of the support block; Fig. 1).
Regarding claim 17, the German reference (DE 29710219 U1) teaches (Fig. 1): A direct fixation fastener assembly comprising: a direct fixation fastener (3); a laterally elongated support block (16) including a first lateral side, a second lateral side, a ground-facing lower side, and an upper side opposite to the lower side and having an upper fastening surface (Fig. 1); a first set of fastener holes are formed in the support block (16) and open in the upper fastening surface to receive fastener-clamping fasteners (2) for clamping the direct fixation fastener (3) to the upper fastening surface (Fig. 1); a second set of fastener holes are formed in the support block (16) and open in the upper fastening surface to receive backet-clamping fasteners (14) for clamping a third-rail support bracket (20) to the upper fastening surface adjacent to the direct fixation fastener (3)(Fig. 1); and the first set of fastener holes (dowel holes for dowels 5) are arranged in a first anchor pattern (Fig. 1), and are confined in distribution to a right-side portion of the support block (16) extending from the first lateral side toward the second lateral side (Fig. 1); and the second set of fastener holes (holes for dowels 13) are confined in distribution to a left-side portion of the support block extending from the second lateral side toward the first lateral side (Fig. 1).
It is noted that the dowel holes for dowel 5 can be construed as being distributed to a right-side portion of the support block (16) because the “left” and “right” sides can be interchangeable depending on the direction of view towards the extended base 16. Similarly, the dowel holes for dowels 13 can be construed as being distributed to a left-side portion of the support block (16).
The German reference (DE 29710219 U1) further teaches (Fig. 1): the second set of fastener holes (holes for dowels 13) are arranged in a second anchor pattern, but does not explicitly teach that the second anchor pattern is different from the first anchor pattern.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the second set of fastener holes in a second anchor pattern different from the first anchor pattern, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C). Arranging the fastener holes for fixing the direct fixation fastener in a different pattern from the fastener holes for fixing the third-rail bracket based on fastener sizes or strength requirement would reduce localized stress concentrations, and increase the overall joint strength by distributing the load across a wider area of the material.
Regarding claim 18, the German reference (DE 29710219 U1) does not explicitly teach that a hole-to-hole spacing in the lateral direction defined by the first anchor pattern is greater than a hole-to-hole spacing in the lateral direction defined by the second anchor pattern.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the second set of fastener holes in a second anchor pattern having hole-to-hole spacing different from the first anchor pattern, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C). Arranging the fastener holes for fixing the direct fixation fastener in a hole-to-hole spacing different from the fastener holes for fixing the third-rail bracket based on fastener sizes or strength requirement would reduce localized stress concentrations, and increase the overall joint strength by distributing the load across a wider area of the material.
Regarding claim 20, the German reference (DE 29710219 U1) further teaches (Fig. 1): the lower side includes a lower perimetric edge defining a first rectangular footprint (block 16)(Fig. 1), and the upper side includes an upper perimetric edge defining a second rectangular footprint (Fig. 1); and the first lateral side and the second lateral side together form a fore-aft trapezoidal profile (Fig. 1), and the forward side and the back side together form a lateral trapezoidal profile (it is noted that a rectangular profile can be defined as a trapezoidal profile; Fig. 1).
Allowable Subject Matter
Claims 14 and 19 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 claims and if all 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 claims 14 and 19, the prior art fails to teach the first anchor pattern defines a forwardmost anchor location that is between the major axis and the forward side in the fore-aft direction, and a backmost anchor location that is between the major axis and the back side in the fore-aft direction; and the second anchor pattern defines at least one anchor location that overlaps the major axis in the fore-aft direction. While the German reference (DE 29710219 U1) further teaches (Fig. 1): the support block (16) defines a major axis (longitudinal axis of block 16) extending in the lateral direction between the first lateral side and the second lateral side (Fig. 1), and a minor axis (axis along width direction) extending in the fore-aft direction between the forward side and the back side (Fig. 1), the examiner finds no obvious reason to modify the specific patterns of the first and second anchors such that the first anchor pattern defines a forwardmost anchor location that is between the major axis and the forward side in the fore-aft direction, and a backmost anchor location that is between the major axis and the back side in the fore-aft direction, and the second anchor pattern defines at least one anchor location that overlaps the major axis in the fore-aft direction. Such a modification would require improper hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-1104220-A, US-3437765-A, US-3735845-A, US-20100213267-A1, US-7926634-B1, US-8720157-B1, US-9670623-B2, US-10240299-B2, WO 2017215757 A1, KR 101272858 B1, DE 102006001442 B3, DE 102004021091 A1, WO 2005106124 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHENG LIN/Examiner, Art Unit 3615
Prosecution Insights