Prosecution Insights
Last updated: October 01, 2026
Application No. 18/952,087

TURNOUT AND RAIL TRANSIT SYSTEM

Non-Final OA §102§103
Filed
Nov 19, 2024
Priority
May 31, 2022 — CN 202210616120.9 +1 more
Examiner
BROWNE, SCOTT A
Art Unit
Tech Center
Assignee
BYD Company Limited
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
363 granted / 504 resolved
+12.0% vs TC avg
Strong +36% interview lift
Without
With
+35.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
16 currently pending
Career history
517
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
41.0%
+1.0% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
30.1%
-9.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 504 resolved cases

Office Action

§102 §103
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 Objections Claim 6 is objected to because of the following informalities: the use of reference characters (e.g. 108) is inconsistent with the other claims and should be deleted from the claim. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 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) 1-2, 4-6, 8, 13-16, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 111235974 A to Li et al. (“Li”). Regarding claim 1, Li discloses a turnout structure comprising at least one turnout (see Fig. 7), wherein the at least one turnout comprises: a fixed beam set, the fixed beam set comprises a first side beam 1 and a second side beam 2; and at least two movable beam sets disposed between the first side beam and the second side beam to define at least three switchable traveling pathways (as shown in Fig. 7), and top surfaces of the at least two movable beam sets configured to be a first traveling surfaces for traveling wheels of a rail vehicle to travel (as evident from Fig. 7), wherein each of the at least two movable beam sets comprising a rotating beam and a moving beam (as evident from Figs. 2, 3), a rotating center located on a first end of the rotating beam (e.g. see pg 4, “Example 1”, 2nd paragraph, “in this embodiment…”), the rotating beam configured to rotate around the rotating center (e.g. see pg 4, “Example 1”, 2nd paragraph, “in this embodiment…”), and the moving beam connected to a second end of the rotating beam and configured to move along a path (e.g. see pg 4, “Example 1”, 2nd paragraph, “in this embodiment…”). Regarding claim 2, Li discloses the turnout structure according to claim 1, wherein top surfaces of the first side beam and the second side beam are configured to be a second traveling surface for the traveling wheels of the rail vehicle to travel (as evident from Fig. 7). Regarding claim 4, Li discloses the turnout structure according to claim 1, wherein the at least two movable beam sets comprise a first movable beam set and a second movable beam set (as evident from Fig. 7), the path comprises a first path and a second path (as evident from Fig. 7), the moving beam of the first movable beam set is configured to move along the first path (as evident from Fig. 7), and the moving beam of the second movable beam set is configured to move along the second path (as evident from Fig. 7); and the first movable beam set is located between the first side beam and the second side beam and configured to move between a first position and a second position (as evident from Fig. 7), and the second movable beam set is located between the first movable beam set and the second side beam and is configured to move between a third position and a fourth position (as evident from Fig. 7), wherein when the first movable beam set is moved to the second position and the second movable beam set is moved to the fourth position (as evident from Fig. 7), a first traveling pathway is defined between the first movable beam set and the first side beam (as evident from Fig. 7); when the first movable beam set is moved to the first position and the second movable beam set is moved to the fourth position (as evident from Fig. 7), a second traveling pathway is defined between the first movable beam set and the second movable beam set (as evident from Fig. 7); and when the first movable beam set is moved to the first position and the second movable beam set is moved to the third position (as evident from Fig. 7), a third traveling pathway is defined between the second movable beam set and the second side beam (as evident from Fig. 7). Regarding claim 5, Li discloses the turnout structure according to claim 4, wherein the at least one turnout further comprises: a first guide rail configured as a linear guide rail and disposed below the moving beam of the first movable beam set (e.g. see Fig. 3 in view of Fig. 4), the moving beam of the first movable beam set is configured to move on the first guide rail along the first path (as evident from Fig. 4), the first guide rail is disposed below the moving beam of the second movable beam set (e.g. see pg. 7, “Example 2”, especially paragraph “in this embodiment”), and the moving beam of the second movable beam set is configured to move on the first guide rail along the second path (as evident from “example 2”). Regarding claim 6, Li discloses the turnout structure according to claim 5, wherein the at least one turnout further comprises: a first moving assembly disposed between the first guide rail and the moving beam of the first movable beam set (see Fig. 4), wherein the first moving assembly is configured to move in a first direction along the first guide rail (as evident from Fig. 4); and the moving beam of the first movable beam set 108 is disposed on the first moving assembly and configured to move in a second direction relative to the first moving assembly (e.g. as evident from Figs. 2, 3), and the first direction and the second direction form an included angle (as evident from Figs. 2, 3); and a second moving assembly disposed between the first guide rail and the moving beam of the second movable beam set (as evident from “example 2”), wherein the second moving assembly is configured to move in the first direction along the first guide rail (in view of Figs. 2, 3 and “example 2”); and the moving beam of the second movable beam set is disposed on the second moving assembly and configured to move in the second direction relative to the second moving assembly (in view of Figs. 2, 3 and “example 2”). Regarding claim 8, Li discloses the turnout structure according to claim 6, wherein the first moving assembly comprises a first rolling wheel frame and a first rolling wheel (e.g. see Fig. 4, 1 has a first and second rolling wheels and corresponding frame supporting structures), and the first rolling wheel is disposed on the first rolling wheel frame and is configured to roll along a top surface of the first guide rail (as evident from Fig. 4); and the second moving assembly comprises a second rolling wheel frame and a second rolling wheel (e.g. see Fig. 4, 1 has a first and second rolling wheels and corresponding frame supporting structures), and the second rolling wheel is disposed on the second rolling wheel frame and is configured to roll along the top surface of the first guide rail (as evident from Fig. 4). Regarding claim 13, Li discloses the turnout structure according to claim 6, wherein the at least one turnout further comprises a second guide rail configured as a linear guide rail and disposed below the moving beam of the first movable beam set (as evident from Figs. 1-4), and the moving beam of the first movable beam set is configured to move on the second guide rail along the first path (as evident from Figs. 1-4); and the second guide rail is disposed below the moving beam of the second movable beam set (as evident from Figs. 1-4), and the moving beam of the second movable beam set is configured to move on the second guide rail along the second path (in view of Figs. 2, 3 and “example 2”). Regarding claim 14, Li discloses the turnout structure according to claim 13, wherein the at least one turnout further comprises: a third moving assembly disposed between the second guide rail and the moving beam of the first movable beam set and configured to move in a third direction along the second guide rail (as evident from Figs. 1-4, consistent with the instant specification use of such, namely 17), wherein the moving beam of the first movable beam set is disposed on the third moving assembly and configured to move in a fourth direction relative to the third moving assembly (as evident from Figs. 2, 3), and the third direction and the fourth direction have an included angle (as evident from Figs. 2, 3); and a fourth moving assembly disposed between the second guide rail and the moving beam of the second movable beam set and configured to move in the third direction along the second guide rail (as evident from Figs. 1-4, consistent with the instant specification use of such), wherein the moving beam of the second movable beam set is disposed on the fourth moving assembly and configured to move in the fourth direction relative to the fourth moving assembly (in view of Figs. 2, 3 and “example 2”). Regarding claim 15, Li discloses the turnout structure according to claim 5, wherein the at least one turnout further comprises: a first driving device connected with the first movable beam set to drive the first movable beam set to move relative to the fixed beam set (as evident from Figs. 2-4); and a second driving device connected with the second movable beam set to drive the second movable beam set to move relative to the fixed beam set (in view of Figs. 2, 3 and “example 2”). Regarding claim 16, Li discloses the turnout structure according to claim 15, wherein the first driving device comprises a first driving member and a first transmission assembly (e.g. see Fig. 4), the first transmission assembly is connected to the first driving member and the first movable beam set for transmitting a driving force of the first driving member to the first movable beam set (as evident from Fig. 2-4); and the second driving device comprises a second driving member and a second transmission assembly, the second transmission assembly is connected to the second driving member and the second movable beam set for transmitting a driving force of the second driving member to the second movable beam set (in view of Figs. 2-4 and “example 2”). Regarding claim 18, Li discloses the turnout structure according to claim 16, wherein the first driving member is configured as a first linear drive unit, the first transmission assembly is configured as a first push rod (e.g. see pg 6, paragraph under step S3), one end of the first push rod is connected to the first linear drive unit (e.g. see pg 6, paragraph under step S3), and the other end of the first push rod is connected to the first movable beam set (e.g. see pg 6, paragraph under step S3); and the second driving member is configured as a second linear drive unit, the second transmission assembly is configured as a second push rod (in view of paragraph under step S3 and “example 2”), one end of the second push rod is connected to the second linear drive unit (in view of paragraph under step S3 and “example 2”), and the other end of the second push rod is connected to the second movable beam set (in view of paragraph under step S3 and “example 2”). Regarding claim 19, Li discloses the turnout structure according to claim 5, wherein the at least one turnout comprises: a first locking device configured to lock the first moving beam set when the first movable beam set (see Figs. 2-4), and the fixed beam set or the second movable beam set define the at least three switchable traveling pathways (see Fig. 7); and a second locking device configured to lock the second movable beam set when the second movable beam set (see Figs. 4, 7), and the fixed beam set or the first movable beam set define the at least three switchable traveling pathways (see Figs. 4, 7). 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. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of CN-209162538-U to Wang et al. (“Wang”) Regarding claim 3, Li discloses the turnout structure according to claim 1, but does not disclose wherein the at least one turnout comprise a first turnout and a second turnout, and an exit of the first turnout is connected to an entrance of the second turnout. Nevertheless, in a related invention, Wang discloses such (e.g. see Fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to incorporate such with the motivation of providing additional routes to direct rail traffic. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of US 20230193565 to Otsuka. Regarding claim 20, Li discloses a rail transit system (see Abstract), wherein the turnout structure comprises: a fixed beam set, the fixed beam set comprises a first side beam 1 and a second side beam 2; and at least two movable beam sets disposed between the first side beam and the second side beam to define at least three switchable traveling pathways (as shown in Fig. 7), and top surfaces of the at least two movable beam sets configured to be a first traveling surfaces for traveling wheels of a rail vehicle to travel (as evident from Fig. 7), wherein each of the at least two movable beam sets comprising a rotating beam and a moving beam (as evident from Figs. 2, 3), a rotating center located on a first end of the rotating beam (e.g. see pg 4, “Example 1”, 2nd paragraph, “in this embodiment…”), the rotating beam configured to rotate around the rotating center (e.g. see pg 4, “Example 1”, 2nd paragraph, “in this embodiment…”), and the moving beam connected to a second end of the rotating beam and configured to move along a path (e.g. see pg 4, “Example 1”, 2nd paragraph, “in this embodiment…”). wherein the rail vehicle comprises the traveling wheels such with the motivation of providing additional stability of the rail vehicle thus enhancing safety of rail operations. Allowable Subject Matter Claims 7 and 9-12 and 17 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: the cited prior art lacks the claimed structure of the various “sliding members” nor “blocking wheel” / clamping structure, nor the specific structure to the extent as claim 17 recites such. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT A BROWNE whose telephone number is (571)270-0151. The examiner can normally be reached on Variable Workweek/IFP. If attempts to reach the examiner by telephone are unsuccessful, the examiner's colleague, SPE Ramon Mercado can be reached on (571) 270-5744. 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. /SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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Prosecution Timeline

Nov 19, 2024
Application Filed
Aug 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+35.6%)
2y 10m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 504 resolved cases by this examiner. Grant probability derived from career allowance rate.

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