DETAILED ACTION
The Information Disclosure Statement filed on September 3, 2025,
has been reviewed and considered by the Examiner.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vanotti (US 4,085,652).
Vanotti discloses a rail fastener sealing system, and method of constructing the system, comprised of a dowel 1 having a cylindrical elongated body and a dowel passage 2 configured to receive a fastener that secures a rail to a rail tie. A seal, shown at the top of the opening of the fastener in figures 3 and 5, positioned on an end of the dowel the seal is further comprised of a flexible body having a central passage extending through the flexible body and a lip, shown in the embodiment of figure 5 and extending circumferentially around an opening of the central passage. The lip of the seal is disposed adjacent to the end of the dowel and at least a portion of the flexible body of the seal is positioned within the dowel passage, as shown in the top views of figures 4 and 6.
As shown in figures 3 and 5, the dowel includes a plurality of corrugations or threads on an interior of the cylindrical elongated body.
The seal reduces ingress of a liquid into the dowel passage when the fastener is inserted within the dowel passage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Monty (US 11,359,366), Aufenanger (US 10,935,067), Lutter (US 9,879,383), Barry (US 2021/0079598) and Bednarczyk (US 2016/0230352) all disclose various types of fastening systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, S. 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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/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
September 9, 2026
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