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 .
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Information Disclosure Statement
The information disclosure statements of record have been reviewed.
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Claim Objections
Claim 21 is objected to because the phrase "providing power to mobile mining machine" omits an article before "mobile mining machine."
Suggested Correction: replace "providing power to mobile mining machine" with "providing power to a mobile mining machine."
Claim 33 is objected to because the phrase "providing power to mobile mining machine" omits an article before "mobile mining machine."
Suggested Correction: replace "providing power to mobile mining machine" with "providing power to a mobile mining machine."
Claim 39 is objected to because the phrase "and the bottom end of each of the plurality of posts is coupled" is grammatically inconsistent with the preceding participial phrase.
Suggested Correction: replace "and the bottom end of each of the plurality of posts is coupled" with "the bottom end of each of the plurality of posts being coupled."
Claim 40 is objected to because the plural compound subject "coupling of the bracket assembly and plurality of rails" is followed by the singular verb "provide."
Suggested Correction: replace "provide" with "provides" if "coupling" is intended as the singular subject, or revise the clause to "wherein the bracket assembly and plurality of rails provide."
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References Used
Reference 1 (Primary) - US 3,080,982 A.
Reference 2 - WO 2020/186296 A1.
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Claim Rejections - 35 U.S.C. 102
The following is a quotation of the appropriate paragraph of 35 U.S.C. 102 that forms 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 21
Claim 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
21. (L1) A modular and relocatable conductor rail assembly for providing power to mobile mining machine, comprising: (L2) a plurality of movable base supports; (L3) a plurality of posts, each post having a bottom end and a top end, and the bottom end of each of the plurality of posts being secured to one of the plurality of movable base supports; (L4) a bracket assembly coupled to the top end of each post; (L5) and at least one power rail coupled to the bracket assembly and configured to provide power to the mobile mining machine.
Analysis
(L1) Reference 1 discloses open-pit mine 10, mine roadway 19, portable towers 23 arranged along the roadway, trolley power conductors 29 and 29', and mine trucks 38. Each tower is a modular, transportable conductor-support module.
(L2) Reference 1 discloses plural large concrete blocks 25 resting on rails 26 and 26'. A lift-truck fork can be inserted beneath each block so each base can be transported, and the bases can be arranged and rearranged at will.
(L3) Each tower has an upright member 28 removably received in vertical socket pipe 27 set into concrete block 25. The upright has a bottom in the socket and a top supporting the tower structure.
(L4) Lateral superstructure 24 is supported at the top of upright 28 and is the claimed bracket assembly in functional and structural context.
(L5) Reference 1 states that the conductors consist of "two pairs of trolley wires" 29 and 29' suspended from superstructure 24, and those wires deliver power through trolley poles 47 and 48 and followers 50 and 51 to the electric motors of mine truck 38. Under the broadest reasonable interpretation, each elongated trolley wire that guides a traveling electrical contact is a power rail even though Reference 1 uses the word "wire."
Claim 22
Claim 22 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
22. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein the at least one power rail includes two power rails.
Analysis
(L1) Claim 22 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Reference 1 expressly states that its conductors consist of "two pairs of trolley wires" 29 and 29' suspended from the tower superstructures. Two pairs necessarily include at least two power rails, and the trolley wires meet the broadest reasonable interpretation of power rails for the reason stated for claim 21.
Claim 23
Claim 23 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
23. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein each post is a substantially straight pole.
Analysis
(L1) Claim 23 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Upright member 28 is shown in Figure 2 as a substantially straight pole extending between socket pipe 27 and superstructure 24.
Claim 24
Claim 24 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
24. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein each post extends vertically above the movable base supports.
Analysis
(L1) Claim 24 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Vertical socket pipe 27 receives upright 28, which extends vertically above concrete block 25 to elevate superstructure 24 and conductors 29 and 29'.
Claim 27
Claim 27 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
27. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein each base support includes a rectangular shape.
Analysis
(L1) Claim 27 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Concrete block 25 is shown in Figure 2 as a rectangular solid supporting socket pipe 27 and upright 28.
Claim 28
Claim 28 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
28. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein each base support includes a concrete block.
Analysis
(L1) Claim 28 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Reference 1 expressly describes base support 25 as a large block of concrete.
Claim 29
Claim 29 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
29. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein each post is mechanically fastened to the base support to which the post is secured.
Analysis
(L1) Claim 29 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Reference 1 places upright 28 in socket pipe 27 set into block 25 and expressly states that set screws may lock upright 28 in place. The set screws are a mechanical fastening between the post and base support.
Claim 30
Claim 30 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
30. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein the bottom end of each post is located above a bottom end of the base support to which the post is secured.
Analysis
(L1) Claim 30 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Reference 1 sets socket pipe 27 into the upper face of concrete block 25 and Figure 2 shows the received bottom of upright 28 terminating within the block, above the block's ground-facing bottom.
Claim 32
Claim 32 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
32. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein each base support is configured for disassembly and reassembly at different locations or repositioning along a haul route.
Analysis
(L1) Claim 32 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Reference 1 states that the bases may be arranged and rearranged at will along roadway 19 or adjacent loading and dumping stations. Upright 28 is removably received in socket 27, and block 25 can be transported by lift truck.
Claim 33
Claim 33 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
33. (L1) A modular and relocatable conductor rail assembly for providing power to mobile mining machine, comprising: (L2) a plurality of movable base supports; (L3) a plurality of posts, each post having a bottom end and a top end, and the bottom end of one of the plurality of posts being secured to one of the plurality of movable base supports; (L4) a bracket assembly coupled to the top end of each post; (L5) and a plurality of power rails, each power rail coupled to the bracket assembly, (L6) wherein the plurality of posts, the bracket assemblies, and the plurality of power rails are configured to provide the modular and relocatable conductor rail assembly at an elevated height above the base supports.
Analysis
(L1) Reference 1 discloses portable mine-road trolley towers 23 that can be transported and rearranged along roadway 19.
(L2) The repeated towers include plural movable concrete blocks 25, each transportable by lift truck using rails 26 and 26'.
(L3) Each tower includes upright 28 removably secured in socket pipe 27 set into concrete block 25.
(L4) Each upright 28 supports lateral superstructure 24 at its top.
(L5) Plural trolley power conductors 29 and 29' are suspended from superstructures 24.
(L6) Uprights 28 and superstructures 24 hold conductors 29 and 29' at an elevated height above concrete blocks 25.
Claim 34
Claim 34 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
34. (L1) The modular and relocatable conductor rail assembly of claim 33, (L2) wherein the plurality of posts are straight poles.
Analysis
(L1) Claim 34 depends from claim 33. The section 102(a)(1) ground over Reference 1 and the L1-L6 mappings stated for claim 33 are applied through that dependency.
(L2) Upright members 28 are shown in Figure 2 as straight poles.
Claim 35
Claim 35 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
35. (L1) The modular and relocatable conductor rail assembly of claim 33, (L2) wherein the modular and relocatable conductor rail assembly defines a travel path for the mobile mining machine.
Analysis
(L1) Claim 35 depends from claim 33. The section 102(a)(1) ground over Reference 1 and the L1-L6 mappings stated for claim 33 are applied through that dependency.
(L2) Towers 23 and conductors 29 and 29' extend along roadway 19 and define the electrically powered travel path used by mine trucks 38.
Claim 36
Claim 36 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
36. (L1) The modular and relocatable conductor rail assembly of claim 33, (L2) wherein each base support includes a rectangular shape.
Analysis
(L1) Claim 36 depends from claim 33. The section 102(a)(1) ground over Reference 1 and the L1-L6 mappings stated for claim 33 are applied through that dependency.
(L2) Concrete block 25 is shown in Figure 2 as a rectangular solid.
Claim 37
Claim 37 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
37. (L1) The modular and relocatable conductor rail assembly of claim 33, (L2) wherein each base support includes a concrete block.
Analysis
(L1) Claim 37 depends from claim 33. The section 102(a)(1) ground over Reference 1 and the L1-L6 mappings stated for claim 33 are applied through that dependency.
(L2) Reference 1 expressly describes each base support 25 as a large block of concrete.
Claim 38
Claim 38 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reference 1.
Claim Text
38. (L1) The modular and relocatable conductor rail assembly of claim 33, (L2) wherein each post is mechanically fastened to the base support to which it is secured, (L3) and wherein the bottom end of each post is located above a bottom end of the base support to which it is secured.
Analysis
(L1) Claim 38 depends from claim 33. The section 102(a)(1) ground over Reference 1 and the L1-L6 mappings stated for claim 33 are applied through that dependency.
(L2) Set screws in socket pipe 27 may lock upright 28 in place, mechanically fastening the upright to concrete block 25.
(L3) Socket pipe 27 is set into the upper face of block 25, and Figure 2 shows the bottom of received upright 28 terminating within the block above its ground-facing bottom.
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Claim Rejections - 35 U.S.C. 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 25
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1.
Claim Text
25. (L1) The modular and relocatable conductor rail assembly of claim 24, (L2) wherein each post extends the same distance above the movable base supports.
Analysis
(L1) Claim 25 depends from claim 24, which depends from claim 21. Reference 1 supplies every limitation of claims 21 and 24 for the reasons stated above, including repeated upright members 28 extending vertically above movable concrete blocks 25.
(L2) Reference 1 repeatedly uses the same portable tower 23 architecture along roadway 19: each tower has the same disclosed concrete block 25, socket 27, upright 28, superstructure 24, and suspended conductors. The identical repeated tower construction necessarily uses, or at minimum plainly suggests, uprights having the same exposed distance above their respective blocks so the conductors remain at a common operating height along the truck path.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to standardize the exposed height of Reference 1's repeated uprights 28. Common exposed height predictably maintains conductors 29 and 29' at the same traveling-contact elevation, simplifies replacement and relocation of the portable towers, and avoids vertical discontinuities along the trolley path. This is an ordinary implementation of Reference 1's repeated identical tower system, not a figure-only inference from unrelated furniture art.
Claim 26
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2.
Claim Text
26. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein the at least one power rail includes a plurality of power rail segments, (L3) and the modular and relocatable conductor rail assembly defines a travel path for the mobile mining machine.
Analysis
(L1) Claim 26 depends from claim 21. The section 102(a)(1) ground over Reference 1 and the L1-L5 mappings stated for claim 21 are applied through that dependency.
(L2) Reference 2 expressly discloses relocatable conductor assembly 106 formed from conductor assembly portions 116-124 arranged end-to-end.
(L3) Reference 1 places conductors 29 and 29' along mine roadway 19 traveled by trucks 38. Reference 2 likewise places its conductor portions along mine roadway 104 for vehicle 102, expressly linking the segmented conductor assembly to the travel path.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form Reference 1's roadway conductors from Reference 2's end-to-end relocatable portions 116-124 because segmented modules can be transported, aligned, and repositioned as a mine haul route changes while preserving a continuous powered travel path.
Claim 31
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1.
Claim Text
31. (L1) The modular and relocatable conductor rail assembly of claim 21, (L2) wherein each post is connected to an end portion of the base support to which the post is secured.
Analysis
(L1) Claim 31 depends from claim 21. Reference 1 supplies every limitation of claim 21 for the reasons stated above, including each removable upright 28 secured in a socket 27 set in its movable concrete block 25.
(L2) Figure 2 depicts socket 27 centered on block 25 for the median T-tower between lanes 22 and 22'. Reference 1 does not disclose the socket at an end portion. Moving the socket-and-upright connection to an end portion changes the load moment arm and would require corresponding structural proportioning of block 25 and socket 27. The ground is therefore limited to treating socket position as an ordinary constructional variable in the design of the repeated portable tower, not as a same-operation relocation with no mechanical consequence.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, as an ordinary constructional change in implementing Reference 1's repeated portable towers 23, to select an end-portion location for socket 27 while proportioning the block-and-socket connection for the resulting eccentric load and maintaining conductor alignment. Reference 1 teaches repeated portable modules that may be arranged and rearranged at will; the rationale is that socket placement within a structurally workable region of each module is a routine constructional choice. The ground does not rely on roadway-clearance or lift-truck motives, because Reference 1 does not identify those problems and rails 26 and 26' already provide its lifting arrangement.
Claim 39
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1.
Claim Text
39. (L1) A method for creating a conductive rail assembly along a travel path for a mobile mining machine, the method comprising: (L2) aligning a plurality of posts along a travel path, each post of the plurality of posts having a top end and a bottom end, and the bottom end of each of the plurality of posts is coupled to a movable base support; (L3) coupling a bracket assembly to the top end of each post of the plurality of posts; (L4) and coupling a plurality of rails to each bracket assembly, wherein the plurality of posts and the plurality of rails are aligned with the travel path of the mobile mining machine.
Analysis
(L1) Reference 1 discloses the completed portable-tower conductor system along mine roadway 19 for mine trucks 38.
(L2) Reference 1 arranges plural tower uprights 28 along roadway 19, with each upright bottom coupled to a transportable concrete block 25 through socket pipe 27.
(L3) Each upright top supports lateral superstructure 24.
(L4) Plural conductors 29 and 29' are suspended from the superstructures and aligned with roadway 19. Reference 1 principally describes the completed apparatus, so the recited order of coupling is treated as an obvious installation method rather than stretched into anticipation.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to assemble Reference 1's disclosed blocks 25, uprights 28, superstructures 24, and conductors 29 and 29' in their disclosed functional order along roadway 19 because those are the necessary and predictable steps for creating the illustrated portable-tower conductor system.
Claim 40
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1.
Claim Text
40. (L1) The method of claim 39, (L2) wherein coupling of the bracket assembly and plurality of rails provide the conductive rail assembly at a height above the movable base support.
Analysis
(L1) Claim 40 depends from claim 39. The section 103 ground over Reference 1 and the L1-L4 mappings stated for claim 39 are applied through that dependency.
(L2) Reference 1's coupling of superstructure 24 and conductors 29 and 29' to the top of upright 28 places the conductive assembly at an elevated height above concrete block 25.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to couple the conductors to the post-top superstructures at the disclosed elevated position so truck collectors 47 and 48 can contact conductors 29 and 29' while the energized conductors remain clear of the roadway.
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Nonstatutory 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 21-38 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 2 and 4 of U.S. Patent 12,391,149 B2 in view of Reference 1. Parent claim 2, through its dependency on parent claim 1, includes a barrier/base, couplers affixed at the first and second ends, and first and second rail poles extending within those couplers. Parent claim 4 depends from claim 2 and adds one or more rail segments between the upper ends of the poles and extending beyond the barrier ends. Parent claims 2 and 4 do not anticipate pending independent claim 21 or 33 standing alone: they do not recite the pending claims' plurality of movable base supports or a bracket assembly coupled to the top of each post. Reference 1 is needed for those differences.
Pending claim 21. Parent claims 2 and 4 supply the barrier-based pole-and-rail module, including poles received at the barrier ends and rail segments between the pole upper ends. Reference 1 supplies repeated, individually movable concrete blocks 25, upright members 28, and post-top superstructures 24 supporting energized conductors 29 and 29' for mine trucks 38. Repeating the parent module along the haul route and using Reference 1's conventional post-top superstructure to support the rail would have been an obvious implementation of the same rail-support subject matter, supplying the plural movable bases and bracket assembly missing from parent claims 2 and 4.
Pending claim 22. The claim 21 ODP combination is carried through. Reference 1's two pairs of trolley conductors 29 and 29' make the added two-power-rail limitation an obvious selection.
Pending claim 23. The claim 21 ODP combination is carried through. Figure 2 of Reference 1 shows upright 28 as a substantially straight pole, supplying the added straight-pole limitation.
Pending claim 24. The claim 21 ODP combination is carried through. Parent claim 2 places the poles along axes substantially orthogonal to the barrier base through its dependency on claim 1, and Reference 1 shows upright 28 extending vertically above block 25.
Pending claim 25. The claim 24 ODP combination is carried through. Reference 1's repeated portable towers 23 make a common exposed upright height an ordinary implementation for maintaining the conductors at a common operating elevation.
Pending claim 26. The claim 21 ODP combination is carried through. Parent claim 4 supplies one or more rail segments between pole upper ends, while Reference 1 supplies multiple conductors aligned along roadway 19 for the mobile mining machine. Using plural rail segments along that travel path would have been an obvious implementation of the parent rail-support module.
Pending claim 27. The claim 21 ODP combination is carried through. Figure 2 of Reference 1 shows each portable concrete block 25 as a rectangular solid, supplying the added rectangular-base limitation.
Pending claim 28. The claim 21 ODP combination is carried through. Reference 1 expressly identifies each movable base 25 as a large concrete block.
Pending claim 29. The claim 21 ODP combination is carried through. Parent claim 2 receives each rail pole within an end coupler affixed to the barrier, and Reference 1 teaches set screws that may lock upright 28 in socket 27, making the added mechanical-fastening limitation obvious.
Pending claim 30. The claim 21 ODP combination is carried through. Figure 2 of Reference 1 shows the bottom of upright 28 terminating within socket 27 in the upper portion of block 25, above the block's bottom.
Pending claim 31. The claim 21 ODP combination is carried through. Parent claim 2 is the closer hook for the added end-portion limitation: through claim 1, its first and second couplers are affixed at the first and second barrier ends, and claim 2 places the rail poles within those end couplers. Reference 1 is used only to supply the plural movable-base and post-top-bracket context missing from the parent claims; it is not substituted as prior art for the parent's direct end-coupler relationship.
Pending claim 32. The claim 21 ODP combination is carried through. Reference 1 teaches that blocks 25 may be transported, arranged, and rearranged at will, and that upright 28 is removably received in socket 27, making the added disassembly, reassembly, or haul-route repositioning limitation obvious.
Pending claim 33. Parent claims 2 and 4 supply the barrier-based pole-and-rail module and rail segments located between the upper ends of the poles. They do not themselves supply pending claim 33's plurality of movable base supports or bracket assembly at each post top. Reference 1 supplies repeated movable blocks 25, post-top superstructures 24, and plural energized conductors 29 and 29' elevated by uprights 28. Repeating the parent module and using those conventional superstructures would have made the claimed plural, elevated assembly obvious.
Pending claim 34. The claim 33 ODP combination is carried through. Figure 2 of Reference 1 shows upright members 28 as straight poles.
Pending claim 35. The claim 33 ODP combination is carried through. Reference 1 aligns towers 23 and conductors 29 and 29' along roadway 19 traveled by mine trucks 38, supplying the added travel-path limitation.
Pending claim 36. The claim 33 ODP combination is carried through. Figure 2 of Reference 1 shows concrete block 25 as a rectangular solid.
Pending claim 37. The claim 33 ODP combination is carried through. Reference 1 expressly identifies movable base 25 as a concrete block.
Pending claim 38. The claim 33 ODP combination is carried through. Reference 1's set screws may mechanically lock upright 28 in socket 27, and Figure 2 shows the upright bottom terminating within the upper portion of block 25 above the block bottom.
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Claim Disposition
Canceled Claims: 1-20.
Rejected Claims - 35 U.S.C. 102: 21-24, 27-30, and 32-38.
Rejected Claims - 35 U.S.C. 103: 25, 26, 31, 39, and 40.
Rejected Claims - Nonstatutory Double Patenting: 21-38.
Objected-to Claims: 21, 33, 39, and 40.
Allowed Claims: None.
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Conclusion
Reference 1 anticipates the apparatus limitations of claims 21-24, 27-30, and 32-38 and supplies the single-reference obviousness grounds for claims 25, 31, 39, and 40. Reference 2 supplies the segmented, relocatable conductor portions applied to claim 26. Claims 21-38 are also rejected for nonstatutory obviousness-type double patenting over claims 2 and 4 of U.S. Patent 12,391,149 B2 in view of Reference 1. No ODP rejection is made for method claims 39 and 40. No claim is allowed.
US 8,893,830 B2 was reviewed but not used because it concerns vehicle-side automated pantograph control and does not supply the movable base, post, or bracket support architecture. US 8,636,124 B2 was reviewed but not used because it concerns coating a power rail and does not supply the claimed relocatable support structure.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/Jason C Smith/ Primary Examiner, Art Unit 3615
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