DETAILED ACTION
This is a non-final Office Action in response to communications received on 11/19/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority or Provisional
Priority to 05/31/2022 is recognized.
Drawings
The drawings filed on 11/19/2024 are acknowledged.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, and 20 of U.S. Patent Application 18/952,087. Although the conflicting claims are not identical, they are not patentable distinct from each other because the subject matter claimed in the instant application is substantially similar in nature.
Claims 1 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 20 of US Patent Application 18/952,087. Although the conflicting claims are not identical, they are not patentable distinct from each other because the subject matter claimed in the instant application is substantially similar in nature.
Instant Application
18/952,087
Claim 1. A turnout structure, comprising at least one turnout, wherein the at least one turnout comprises:
a fixed beam set comprising a first side beam and a second side beam;
a movable beam set disposed between the first side beam and the second side beam and defining two switchable travel lanes, and a top surface of the movable beam set configured as a first locomotion surface for locomotion wheels of a railway vehicle to travel;
and the movable beam set comprising a rotating beam and a moving beam, a first end of the rotating beam comprising a rotating center, the rotating beam configured to rotate around the rotating center, and the moving beam connected to a second end of the rotating beam and configured to move along a path.
Claim 19. A rail transit system, comprising a turnout structure and a railway vehicle, wherein the turnout structure comprises at least one turnout, and the at least one turnout comprises:
a fixed beam comprising a first side beam and a second side beam;
a movable beam set disposed between the first side beam and the second side beam and defining two switchable travel lanes, and a top surface of the movable beam set configured as a first locomotion surface for locomotion wheels of the railway vehicle to travel;
and the movable beam set comprising a rotating beam and a moving beam, a first end of the rotating beam comprising a rotating center, the rotating beam configured to rotate around the rotating center, and the moving beam connected to a second end of the rotating beam and configured to move along a path;
and the railway vehicle comprises the locomotion wheels and guide wheels, the locomotion wheels are configured to roll on the top surface of the movable beam set and a top surface of the fixed beam, the guide wheels are configured to roll on a side surface of the first side beam and a side surface of the movable beam set opposite to each other, or to roll on a side surface of the movable beam set and a side surface of the second side beam opposite to each other.
Claim 1. A turnout structure comprising at least one turnout, wherein the at least one turnout comprises:
a fixed beam set, the fixed beam set comprises a first side beam and a second side beam;
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, 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,
wherein each of the at least two movable beam sets comprising a rotating beam and a moving beam, a rotating center located on a first end of the rotating beam, the rotating beam configured to rotate around the rotating center, and the moving beam connected to a second end of the rotating beam and configured to move along a path.
Claim 20. A rail transit system, comprising a turnout structure and a rail vehicle, wherein the turnout structure comprises: at least one turnout, wherein the at least one turnout comprises:
a fixed beam set, the fixed beam set comprises a first side beam and a second side beam;
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, 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,
wherein each of the at least two movable beam sets comprising a rotating beam and a moving beam, a rotating center located on a first end of the rotating beam, the rotating beam configured to rotate around the rotating center, and the moving beam connected to a second end of the rotating beam and configured to move along a path;
and the rail vehicle comprises the traveling wheels and guide wheels, the traveling wheels are configured to roll on a top surface of a movable beam set or a top surface of a fixed beam set, the guide wheels are configured to roll on a side of the fixed beam set and a side of the movable beam set facing each other, or on sides of the two movable beam sets facing each other.
Allowable Subject Matter
Claims 7-11 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, and 17-18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Li (CN 111235974).
Regarding claim 1, Li teaches the limitations of claim 1 as follows:
A turnout structure, comprising at least one turnout, wherein the at least one turnout comprises: Li, Para. [0009], and Figs. 1-3, 7, teaches a turnout structure.
a fixed beam set comprising a first side beam and a second side beam; Li, Para. [0009], [0039], and Figs. 1-3, 7, teaches a fixed beam set comprising a first side beam (first fixed beam 1), and a second side beam (second fixed beam 2) spaced apart.
a movable beam set disposed between the first side beam and the second side beam and defining two switchable travel lanes, Li, Para. [0009], [0039]-[0040], [0052]-[0054], and Figs. 1-3, 7, teaches a movable beam set (passive beam 3 and active beam 4) disposed between the first fixed beam 1 and the second fixed beam 2. The movement of the passive and active beams creates straight and curved travel paths, defining two switchable travel lanes.
and a top surface of the movable beam set configured as a first locomotion surface for locomotion wheels of a railway vehicle to travel; Li, Para. [0009], [0015], and Figs. 1-3, 7, teaches that when the turnout is in position, the wheels (guide wheels) of the vehicle contact the horizontal surface of the movable beams (horizontal surface of the passive beam 3 and horizontal surface of the active beam 4). The “horizontal surface” which contacts a traveling vehicle’s wheels, reads on the claimed “top surface” configured as a “locomotive surface” for the wheels to travel.
and the movable beam set comprising a rotating beam and a moving beam, Li, Para. [0009], [0039]-[0040], and Figs. 1-3, 7, teaches that the movable beam set comprises a rotating beam (active beam 4) and a moving beam (passive beam 3).
a first end of the rotating beam comprising a rotating center, the rotating beam configured to rotate around the rotating center, Li, Para. [0009], [0039]-[0042], and Figs. 1-3, 7, teaches a first end of the rotating beam comprising a rotating center (a fixing block 5 is provided at one end of the active beam 4). The rotating beam is configured to rotate around the rotating center (active beam 4 rotates around the fixed block 5 as its axis).
and the moving beam connected to a second end of the rotating beam and configured to move along a path. Li, Para. [0009], [0039]-[0042], [0048], Figs. 1-3, 7, and Example 1, teaches that the moving beam (passive beam 3) is movably connected to the other end of the rotating beam (active beam 4). When the active beam 4 rotates, it drives the passive beam 3 to translate along a path.
Regarding claim 2, Li discloses claim 1. Li teaches the limitations of claim 2 as follows:
The turnout structure according to claim 1, further comprising a first guide rail, wherein the first guide rail is configured as a linear guide rail and disposed below the moving beam, and the moving beam moves along the path on the first guide rail. Li, Paras. [0009], [0018], [0048], Fig. 4, and Example 2, teaches a first guide rail (the rail or track 9 shown in Fig. 4). The rail is located below the passive beam 3, and guides its translation, which is a linear movement. The passive beam 3 slides on the rail via a trolley (i.e., along the path …).
Regarding claim 17, Li discloses claims 1-2. Li teaches the limitations of claim 17 as follows:
The turnout structure according to claim 2, wherein the first guide rail is disposed at a center of gravity of the moving beam. Li, Paras. [0009], [0018], [0048], Fig. 4, teaches and illustrates the guide rail (track 9) and trolley positioned centrally beneath the passive/moving beam (beam 3).
Regarding claim 18, Li discloses claims 1-2. Li teaches the limitations of claim 18 as follows:
The turnout structure according to claim 2, wherein, the first guide rail is disposed at a connection between the moving beam and the rotating beam. Li, Paras. [0009], [0018], [0048], Fig. 4, teaches a turnout structure having both a rotating beam (active beam) and a moving beam (passive beam) that are coordinated to shift lanes. It is a fundamental applied principle in the art to place heavy load-bearing supports, such as a guide rail, beneath or adjacent to the joints or connection points of spanning members.
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 3-6, 12-16 are rejected under 35 U.S.C. 103 over Li (CN 111235974) in view of Sakita (US 2005/0172850).
Regarding claim 3, Li discloses the limitations of claims 1-2. Li in view of Sakita discloses the limitations of claim 3 as follows:
The turnout structure according to claim 2, further comprising a first moving assembly, wherein the first moving assembly is disposed between the first guide rail and the moving beam, and configured to move in a first direction along the first guide rail; Li discloses the turnout structure, as discussed in rejection of claim 1 above.
Li, Paras. [0009], [0040]-[0048], Fig. 4, and Example 2, teaches a trolley (i.e., a first moving assembly), where the first moving assembly (trolley) is disposed between the rail/track 9 (i.e., the first guide rail) and the passive beam 3 (i.e., the moving beam). The trolley slides laterally along the rail to shift the lanes (i.e., … configured to move in a first direction along the first guide rail).
Li teaches the connection between the passive beam 3 and the trolley as “fixedly connected”, but does not explicitly disclose:
and the moving beam is disposed on the first moving assembly, and configured to move in a second direction relative to the first moving assembly, wherein the first direction and the second direction form an intersection angle.
However Sakita discloses:
and the moving beam is disposed on the first moving assembly, and configured to move in a second direction relative to the first moving assembly, wherein the first direction and the second direction form an intersection angle. Sakita, [0129], Figs. 11-12, teaches a turnout structure for a guideway beam based transit system that includes carriage assembly 60 (i.e., a moving assembly) traverses in a lateral direction (i.e., moves in a first direction) along rails 71. And further teaches that mid beam 5 (i.e., moving beam) . the beam support frame 67 slidably receives the mid beam 5 on slidable beam shoes 61-X, allowing the beam to slide in longitudinal directions (i.e., … configured to move in a second direction …). Also teaches that the longitudinal sliding direction intersects with the lateral traversing direction, forming an intersection angle, to allow the rigid beam to sweep smoothly.
It would have been obvious to a person having ordinary skill in the art before the invention was made to modify the turnout structure of Li to include the slidable beam shoes and relative longitudinal sliding as taught by Sakita, to provide a multi-directional slip joint to accommodate the distances as a rigid beam sweeps across a linear guide rail, in order to prevent jamming of the track beam.
Regarding claim 4, Li in view of Sakita discloses the limitations of claim 3. Sakita discloses the limitations of claim 4 as follows:
The turnout structure according to claim 3, further comprising: a first sliding member extending along the second direction and disposed on the first moving assembly, and a second sliding member disposed on the moving beam and coupled with the first sliding member. Sakita teaches implementing a slidable coupling between the moving assembly and the moving beam, as discussed in rejection of claim 3.
Sakita, Para. [0129], teaches a beam support frame 67 on the carriage assembly (i.e., a first sliding member extending along the second direction and disposed on the first moving assembly), and a slidable beam shoes 61-X which the guideway beam is mounted, which are slidably received by the support frame 67 (i.e., a second sliding member).
The same motivation to combine utilized in claim 3 is equally applicable in the instant claim.
Regarding claim 5, Li in view of Sakita discloses the limitations of claim 3. Li discloses the limitations of claim 5 as follows:
The turnout structure according to claim 3, wherein the first moving assembly comprises: a first rolling wheel frame; and a first rolling wheel disposed on the first rolling wheel frame and configured to roll along the top surface of the first guide rail.
Li discloses the turnout structure of claim 3. Li, Para. [0010], Fig. 4, teaches that housing/chassis of the trolley holding the wheels (i.e., first moving assembly comprises a first rolling wheel frame). Also teaches drive device using drive trolley wheels that roll along the track (i.e., a first rolling wheel disposed ….).
The same motivation to combine utilized in claim 3 is equally applicable in the instant claim.
Regarding claim 6, Li in view of Sakita discloses the limitations of claim 3. Li and Sakita disclose the limitations of claim 6 as follows:
The turnout structure according to claim 5, wherein the first moving assembly further comprises a first stopping wheel and a second stopping wheel, the first stopping wheel and the second stopping wheel are disposed on the first rolling wheel frame, and the first stopping wheel and the second stopping wheel are configured to clamp on two sides of the first guide rail in a width direction of the first guide rail. Li discloses the turnout structure of claim 5, including the first moving assembly (trolley) having a rolling wheel frame and top rolling wheels. Sakita, Para. [0129], Figs. 11-12, teaches a carriage traversing on rails to support the track beam, top riding load bearing wheels, and the multi-directional slip joint. It is well known in the art of rail guided transit to provide lateral mechanisms, such as side-riding wheels, flanged wheels or stopping wheels.
The same motivation to combine utilized in claim 3 is equally applicable in the instant claim.
Regarding claim 12, Li in view of Sakita discloses the limitations of claim 3. Sakita discloses the limitations of claim 12 as follows:
The turnout structure according to claim 3, further comprising a second guide rail, wherein the second guide rail is configured as a straight guide rail below the moving beam, and the moving beam moves along the path on the second guide rail. Sakita teaches implementing a slidable coupling between the moving assembly and the moving beam, as discussed in rejection of claim 3.
Sakita, Para. [0129], Figs. 11-12, teaches that the track beams are mounted on carriage assemblies (trolley) to shift them. Where states “ Non-drive wheels of the carriage assembly 60 runs on ordinary rails 71 that are laid on a carriage assembly bed 70”, which shows that the carriage assembly runs on plural “rails 71”, implying at least a first and second guide rail, laid on a carriage assembly bed.
The same motivation to combine utilized in claim 3 is equally applicable in the instant claim.
Regarding claim 13, Li in view of Sakita discloses the limitations of claims 3 and 12. Sakita discloses the limitations of claim 13 as follows:
The turnout structure according to claim 12, further comprising a second moving assembly disposed between the second guide rail and the moving beam, wherein the second moving assembly is configured to move in a third direction along the second guide rail, the moving beam is disposed on the second moving assembly and moves in a fourth direction relative to the second moving assembly, and an intersection angle is formed between the third direction and the fourth direction. Sakita, Para. [0129], Figs. 11-12, teaches that the moving track beam is supported by a plurality of carriage assemblies 60 (a plurality of moving assemblies) that run on a plurality of tracks (rails 71). Also teaches that a second carriage assembly (i.e., a second moving assembly) moves laterally along the respective guide rail (third direction). And further teaches that the guideway beam is disposed on the carriage assembly utilizing the identical slidable mounting mechanism (beam support 67 and slidable beam shoes 61-X) to allow the beam to slide in a longitudinal direction relative to the laterally moving carriage assembly, where this direction intersects with the lateral traversing direction (fourth direction).
The same motivation to combine utilized in claim 3 is equally applicable in the instant claim.
Regarding claim 14, Li in view of Sakita discloses the limitations of claims 3 and 12-13. Sakita discloses the limitations of claim 14 as follows:
The turnout structure according to claim 13, further comprising a third sliding member and a fourth sliding member slidably coupled with each other, wherein the third sliding member extending along the fourth direction is disposed on the second moving assembly, and the fourth sliding member is disposed on the moving beam. Sakita, Para. [0129], Figs. 11-12, teaches a third sliding member extending along the fourth direction and disposed on the second moving assembly (beam support frame 67), and a fourth sliding member disposed on the moving beam and coupled with the third sliding member (slidable beam shoes 61-X, where the beam is mounted).
The same motivation to combine utilized in claim 3 is equally applicable in the instant claim.
Regarding claim 15, Li in view of Sakita discloses the limitations of claims 3 and 12-14. Li and Sakita disclose the limitations of claim 15 as follows:
The turnout structure according to claim 14, wherein the second moving assembly comprises: a third rolling wheel frame; and a fourth rolling wheel disposed on the third rolling wheel frame, and configured to roll along the top surface of the second guide rail. Li, Para. [0010], Fig. 4, 7, discloses a moving assembly (trolley) that includes a rolling wheel frame and rolling wheels configured to roll along the top surface of a guide rail.
Sakita, Para. [0129], Figs. 11-12, teaches that each carriage assembly of the plurality, runs on rails using wheels.
The combination of Li and Sakita, as discussed in the rejection of claims 12-14, modifies the structure to include a second moving assembly supported on a second guide rail.
The same motivation to combine utilized in claim 3 is equally applicable in the instant claim.
Regarding claim 16, Li in view of Sakita discloses the limitations of claims 3 and 12-13. Sakita discloses the limitations of claim 16 as follows:
The turnout structure according to claim 13, further comprising a mounting plate configured to connect the first moving assembly and the second moving assembly. Sakita, Para. [0129], Figs. 11-12, teaches that the carriage assembly 60, which spans across the parallel rails 71, a carriage assembly housing 65, and a beam support frame 67.
The combination of Li and Sakita, utilizes a plurality of moving assemblies running on parallel guide rails, and a structural chassis that connects wheel assemblies on parallel tracks (i.e., mounting plate).
The same motivation to combine utilized in claim 3 is equally applicable in the instant claim.
Claim 19 is rejected under 35 U.S.C. 103 over Li (CN 111235974) in view of Otsuka (US 2023/0193565).
Regarding claim 19, Li and Otsuka disclose the limitations of claim 19 as follows:
A rail transit system, comprising a turnout structure and a railway vehicle, wherein the turnout structure comprises at least one turnout, and the at least one turnout comprises: a fixed beam comprising a first side beam and a second side beam; a movable beam set disposed between the first side beam and the second side beam and defining two switchable travel lanes, and a top surface of the movable beam set configured as a first locomotion surface for locomotion wheels of the railway vehicle to travel; and the movable beam set comprising a rotating beam and a moving beam, a first end of the rotating beam comprising a rotating center, the rotating beam configured to rotate around the rotating center, and the moving beam connected to a second end of the rotating beam and configured to move along a path; and the railway vehicle comprises the locomotion wheels and guide wheels, the locomotion wheels are configured to roll on the top surface of the movable beam set and a top surface of the fixed beam, the guide wheels are configured to roll on a side surface of the first side beam and a side surface of the movable beam set opposite to each other, or to roll on a side surface of the movable beam set and a side surface of the second side beam opposite to each other.
Li, Paras. [0008]-[0009], Figs. 4, 7, teaches a turnout structure having fixed tracks and a movable beam set defining switchable travel lanes. And teaches that the movable beam set comprises an active beam which rotates, and a passive beam which moves/translates. And further teaches that the active beam pivots at one end (rotating center) and is connected to the passive beam at its other end, whit the passive beam configured to move along a path via a trolley.
Li does not explicitly teach that the vehicle comprises locomotion wheels configured to roll on the top surface of the fixed and movable beams.
However, Otsuka, Paras. [0008]-[0009], [0040]-[0041], [0048]-[0055], Figs. 2-3, teaches a rail transit system (an article transport facility 100) including a transport vehicle V that travels along a rail route, to stabilize and guide the vehicle. The transport vehicle includes travel wheels 10, comprising wheels 11f, 12f, 11r, 12r (i.e., locomotion wheels) that are configured to roll on the upper surfaces of the travel rails 90. The transport vehicle includes guide wheels 13 that are configured to roll on a first side surface 81 or a second side surface 82 of a guide rail 80, to guide the direction of travel.
It would have been obvious to a person having ordinary skill in the art before the time of invention to modify the rail transit system of Li, to incorporate the top surface of its fixed and movable beams serve as a locomotion surface for top rolling locomotion wheels, and the side surface serve as a guide surface for side rolling wheels as taught by Otsuka, to provide a stable transit system, in order to improve steering control as the vehicle navigates the travel lanes of the turnout switches.
References Considered But Not Relied Upon
Saenz (US 2021/0340712) teaches a rail-switching unit includes a rotatable ensemble including a rotatable-hub with attached switch-rails and auxiliary components and stationary elements including a main fixed-rail, branch fixed-rails and a supporting structure.
Nagamine (US 2014/0090575) teaches rail guided vehicle system includes a first main rail, a second main rail, and a connection rail, and vehicles. Each vehicle includes a diverging roller supporting member that supports a pair of first and second diverging rollers.
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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