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 .
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.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-11 are rejected on the ground of non-statutory double patenting over claims 1-9 of U.S. Patent No. 12162523 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Claims 1-11 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12162523 (hereinafter referred to as Cross)
Regarding claim 1, Cross teaches a method for altering a worker to potential danger, the method comprising: equipping a worker with a personal notification unit (PNU); equipping a vehicle with a vehicle communication unit (VCU); establishing a work zone in a tunnel comprising opposing walls and a pair of tracks; wherein, one of said pair of tracks is offline (Claim 1)
A method for altering a worker to potential danger, the method comprising: equipping a worker with a personal notification unit (PNU); equipping a vehicle with a vehicle communication unit (VCU); establishing a work zone in a tunnel comprising opposing walls and a plurality of tracks and where workers are potentially in danger from an approaching vehicle if said vehicle is on one, but not the other, of said tracks; said VCU reflecting signals off both said opposing tunnel walls; said VCU determining relative proximity of both said opposing tunnel walls to said vehicle based on said reflected signals; said VCU determining which track in said plurality of tracks said vehicle is on by determining which of said opposing tunnel walls is closer to said vehicle based on the determined proximity; said VCU transmitting vehicle information, said vehicle information including which said track said vehicle is on, to said PNU in said work zone; said PNU determining if said worker equipped with said PNU is in danger from said vehicle based at least in part on said identifier of said track; and said PNU notifying said worker equipped with said PNU if said vehicle is on said track presenting a danger to said worker equipped with said PNU and said PNU not notifying said worker equipped with said PNU is said vehicle is on said other track.[Cl-1]
Here though, tracks are not established as offline, by “establishing a work zone in a tunnel comprising opposing walls and a plurality of tracks and where workers are potentially in danger from an approaching vehicle if said vehicle is on one, but not the other, of said tracks” it is obvious that Cross’s definition of the tracks run parallel with the placeholder name offline, as opposite tracks are defined as, one of said pair of tracks is open; said VCU reflecting signals off both said opposing tunnel walls;
Cross then teaches said VCU determining relative proximity of both said opposing tunnel walls to said vehicle based on said reflected signals; said VCU determining a direction of travel of said vehicle on said open track by determining which of said opposing tunnel walls is closer to said vehicle based on the determined proximity (Claim 1)
A method for altering a worker to potential danger, the method comprising: equipping a worker with a personal notification unit (PNU); equipping a vehicle with a vehicle communication unit (VCU); establishing a work zone in a tunnel comprising opposing walls and a plurality of tracks and where workers are potentially in danger from an approaching vehicle if said vehicle is on one, but not the other, of said tracks; said VCU reflecting signals off both said opposing tunnel walls; said VCU determining relative proximity of both said opposing tunnel walls to said vehicle based on said reflected signals; said VCU determining which track in said plurality of tracks said vehicle is on by determining which of said opposing tunnel walls is closer to said vehicle based on the determined proximity; said VCU transmitting vehicle information, said vehicle information including which said track said vehicle is on, to said PNU in said work zone; said PNU determining if said worker equipped with said PNU is in danger from said vehicle based at least in part on said identifier of said track; and said PNU notifying said worker equipped with said PNU if said vehicle is on said track presenting a danger to said worker equipped with said PNU and said PNU not notifying said worker equipped with said PNU is said vehicle is on said other track.[Cl-1]
Furthermore, by teaching being able to detect the position of the vehicle by the continuous reflecting signals on the tunnel walls relative to the workers, it would be obvious then to one of ordinary skill in the art from this protocol as well as communicating this information to enable said VCU transmitting vehicle information, said vehicle information including said direction of travel of said vehicle, to said PNU in said work zone.
Regarding claim 2, Cross teaches said PNU determining if said worker equipped with said PNU is in danger from said vehicle based at least in part on said direction of travel of said vehicle(Claim 1)
A method for altering a worker to potential danger, the method comprising: equipping a worker with a personal notification unit (PNU); equipping a vehicle with a vehicle communication unit (VCU); establishing a work zone in a tunnel comprising opposing walls and a plurality of tracks and where workers are potentially in danger from an approaching vehicle if said vehicle is on one, but not the other, of said tracks; said VCU reflecting signals off both said opposing tunnel walls; said VCU determining relative proximity of both said opposing tunnel walls to said vehicle based on said reflected signals; said VCU determining which track in said plurality of tracks said vehicle is on by determining which of said opposing tunnel walls is closer to said vehicle based on the determined proximity; said VCU transmitting vehicle information, said vehicle information including which said track said vehicle is on, to said PNU in said work zone; said PNU determining if said worker equipped with said PNU is in danger from said vehicle based at least in part on said identifier of said track; and said PNU notifying said worker equipped with said PNU if said vehicle is on said track presenting a danger to said worker equipped with said PNU and said PNU not notifying said worker equipped with said PNU is said vehicle is on said other track.[Cl-1]
Regarding claim 3, Cross teaches said PNU notifying said worker equipped with said PNU if said vehicle is travelling in said direction presenting a danger to said worker equipped with said PNU; and said PNU does not notify said worker equipped with said PNU is said vehicle is not travelling in said direction presenting a danger to said worker equipped with said PNU(Claim 1)
A method for altering a worker to potential danger, the method comprising: equipping a worker with a personal notification unit (PNU); equipping a vehicle with a vehicle communication unit (VCU); establishing a work zone in a tunnel comprising opposing walls and a plurality of tracks and where workers are potentially in danger from an approaching vehicle if said vehicle is on one, but not the other, of said tracks; said VCU reflecting signals off both said opposing tunnel walls; said VCU determining relative proximity of both said opposing tunnel walls to said vehicle based on said reflected signals; said VCU determining which track in said plurality of tracks said vehicle is on by determining which of said opposing tunnel walls is closer to said vehicle based on the determined proximity; said VCU transmitting vehicle information, said vehicle information including which said track said vehicle is on, to said PNU in said work zone; said PNU determining if said worker equipped with said PNU is in danger from said vehicle based at least in part on said identifier of said track; and said PNU notifying said worker equipped with said PNU if said vehicle is on said track presenting a danger to said worker equipped with said PNU and said PNU not notifying said worker equipped with said PNU is said vehicle is on said other track.[Cl-1]
Regarding claim 4, Cross teaches said VCU is unable to utilize satellite location information to determine said direction of travel of said vehicle (Claim 2)
The method of claim 1, wherein said VCU is unable to utilize satellite location information to determine said identifier of said track.[Cl 2]
Here, by Cross teaching the VCU being unable to determine the location of the vehicle using satellite location as well as the identifier of the VCU, it would have been obvious to not be able to detect the direction of the VCU and vehicle.
Regarding claim 5, Cross teaches said VCU utilizes radio waves to determine said direction of travel of said vehicle (Claim 3)
The method of claim 2, wherein said VCU utilizes radio waves to determine said identifier of said track.[Cl 3]
By not being able to identify the track on which the vehicle is traveling on, it is obvious to one of ordinary skill in the art not to be able to detect the direction of travel of said vehicle.
Regarding claim 6, Cross teaches said work zone includes an active work area and a silent area (Claim 4)
The method of claim 1, wherein said work zone includes an active work area and a silent area.[Cl-4]
Regarding claim 7, Cross teaches work zone includes a restricted area and said PNU warns said worker if said worker enters said restricted area (Claim 5)
The method of claim 4, wherein said work zone includes a restricted area and said PNU warns said worker if said worker enters said restricted area.[Cl-5]
Regarding claim 8, Cross teaches said work zone includes a fenced area and said PNU warns said worker if said worker leaves said fenced area.
The method of claim 4, wherein said work zone includes a fenced area and said PNU warns said worker if said worker leaves said fenced area.[Cl-6]
Regarding claim 9, Cross teaches said PNU determines which area includes said PNU by using satellite location information.(Claim 7).
The method of claim 4, wherein said PNU determines which area includes said PNU by using satellite location information.[Cl-7]
Regarding claim 10, Cross teaches said PNU is unable to utilize satellite location information to determine which area includes said PNU (Claim 8)
The method of claim 4, wherein said PNU is unable to utilize satellite location information to determine which area includes said PNU.[Cl-8]
Regarding claim 11, Cross teaches said PNU utilizes location relative to a beacon placed in said work zone to determine which area includes said PNU (Claim 9)
The method of claim 8, wherein said PNU utilizes location relative to a beacon placed in said work zone to determine which area includes said PNU. [Cl-9]
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.
Claim(s) 1, 2, 4, is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheardown et al. (US 20110006912 A1) in view of Shi et al. (CN 109254298 A).
In regards to claim 1, Sheardown et al. (US 20110006912 A1) teaches a method for altering a worker to potential danger, the method comprising: equipping a worker with a personal notification unit (PNU)(70) equipping a vehicle with a vehicle communication unit (VCU) (50)(Paragraphs 28, 34)
Consider the track worker 40 entering a work area (not shown), defined as a section or segment of the railroad 20 where a routine maintenance activity needs to be carried out. The track worker 40 wears on his/her person a device 70 that is capable of transmitting signals that may constitute part or entirely of track worker information 60A. Information may be stored on the device 70 either permanently or on a temporary basis. This information 60A will then be relayed to the CIPC 50 using communication modes that will be described in later sections. In certain implementations, the device 70 includes an active RFID tag (not currently shown) that by definition has its own power source, such as a battery. This power source may be built into the tag 80, or the device 70 or be located outside the device for powering the tag 80. The active RFID tag may also include any other form of power supply known in the art. In the sections that follow, we will describe the device 70 as transmitting RFID signals even though it is actually the RFID tag within the device 70 that actually transmits the RFID signals. In some implementations, the device 70 may transmit signals as ultra wide band (hereinafter "UWB") RFID pulses. Unlike conventional RFID systems, which operate on single bands of the radio spectrum, UWB RFID transmits signals over multiple bands of frequencies simultaneously, from 3.1 GHz to 10.6 GHz. UWB signals are also transmitted for a much shorter duration than those used in conventional RFID. UWB tags consume less power than conventional RF tags and can operate across a broad area of the radio spectrum, UWB be used in close proximity to other RF signals without causing or suffering from interference because of the differences in signal types and radio spectrum used. The advantages of using UWB RFID may include a longer range of tag interrogation, greater immunity to signal degradation, higher degree of security and immunity to eavesdropping, greater uniform coverage over a given area, and greater potential for anti-collision in a multi-tag environment. The present invention envisions the device 70 to be read at distances of up to 1000 meters.[P-28]
The safety system 10 further includes a plurality of transceivers 80. Transceivers, by definition, have the ability to send and receive information. In an alternate embodiment, the transceivers 80 may be replaced by a separate receiver (not shown) and transmitter (not shown) units that together achieve the functional capability of the transceivers. The transceivers 80, in the present embodiment, are capable of receiving information from the device 70 about the track worker 40 and also relaying the information to the CIPC 50. The transceivers 80 are further configured to receive rail vehicle information 60B from the rail vehicle 30. The transceivers 80 may include, for example, RFID readers that are adapted to receive the signals from the device 70. The transceivers 80 may be mounted on elevated structures such as, for example, towers 90 that are situated on the wayside. Wayside may be defined as the area on either side of the railroad 20 that is available for use to situate any equipment that may be considered as part of the rail network 15 and/or the safety system 10. It should be apparent to the person skilled in the art that there may be other equipment located on the wayside, such as signaling equipment, power distribution equipment and various support structures. In certain implementations, the towers 90 may be replaced by other kinds of support structures including, for example, a building, or any structure to which the transceivers 80 may be affixed. In certain implementations, the transceivers 80 may be located on top of catenary support structures that are an integral part of an electrified track network.[P-35]
Sheardown further teaches establishing a work zone (Paragraph 70)
In accordance with another aspect of the invention, the track worker 40 may additionally be provided with a mobile safety device having a display as shown in FIG. 18. This device may be worn by the track worker or be a handheld device. The mobile safety device integrates a global positioning system (GPS), map of the rail network including a visual representation of the different rail roads and/or roads present in the vicinity along with train route maps including direction of travel of each rail vehicle. This mobile safety device may be in constant communication with the CIPC and/or the central control (not presently shown) where applicable. The advantage of such a device is that a track worker 40 carrying the mobile device will immediately know in real time when an alarm is received, which of the present rail roads are possible paths for approaching rail vehicles. In scenarios where a single rail road is present (as shown in FIG. 17), it is quite obvious, but in scenarios where there are multiple rail roads, and rail vehicles could be approaching from any direction, this feature would enable the track worker 40 to know which direction a rail vehicle is approaching and in which rail road. In a multiple rail road area, the rail road on which an approaching rail vehicle will travel may be shown in a particular color, example red, and adjacent rail roads where there will be no rail vehicle traveling may be shown in a different color, example green. By visual depiction of safe and unsafe rail roads, the mobile device facilitates an easy understanding from the track worker 40 and moves the track worker 40 to a point of safety. In order to use the mobile safety device, a first warning alerts a worker a train is in their safety zone. The worker can then view the mobile device for further information regarding all safety information.[P-70]
Sheardown fails to teach establishing a work zone in a tunnel comprising opposing walls and a pair of tracks; said VCU reflecting signals off both said opposing tunnel walls; said VCU determining relative proximity of both said opposing tunnel walls to said vehicle based on said reflected signals; said VCU determining a direction of travel of said vehicle on said open track by determining which of said opposing tunnel walls is closer to said vehicle based on the determined proximity; said VCU transmitting vehicle information, said vehicle information including said direction of travel of said vehicle, to said PNU in said work zone.
Shi on the other hand teaches a plurality of laser reflecting unit on the side wall of the metro tunnel along the track direction, and when the inspection robot for inspection by the laser emitting unit and the laser sensing unit obtains angle information and distance information of the laser which is reflected, determining position information of the inspection robot, so as to realize the inspection robot metro tunnel in real time and accurately located (Page 2, Paragraph 4),
The system provided by the embodiment of the invention, by setting a plurality of laser reflecting unit on the side wall of the metro tunnel along the track direction, and when the inspection robot for inspection by the laser emitting unit and the laser sensing unit obtains angle information and distance information of the laser which is reflected, determining position information of the inspection robot, so as to realize the inspection robot metro tunnel in real time and accurately located.[Pg 2, P-4]
Hence by determining it the direction of the track as well as the exact position of the robot/mimicked train based on the reflected signals off the wall of the tunnel, it would be obvious to one of ordinary skill in the art to use/substitute the same positional system with an actual train/locomotive to monitor its exact location and direction on a track(s) within a tunnel, as well as its relativity to the other tracks within a tunnel based on the reflected signals and further be used for other safety and tracking scenarios on a railroad. Thereby, it would be obvious to one of ordinary skill in the art to determine the side of the tracks that the train is on based on the reflective signals as the active track, and therefore defining the other tracks absent of the train as “offline”
It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Shi’s teaching determining position information of the inspection robot/train, so as to realize the inspection robot metro tunnel in real time and accurately located with Sheardown’s teaching of determining if said worker equipped with said PNU is in danger from said vehicle based at least in part on said direction of travel of said vehicle or said identifier of said track in order to accurately track the direction of the vehicle particularly in areas where satellite or tower based tracking areas are less effective due to lack of signal penetration through concrete/cement fixtures, and continue accurately alert nearby workers of oncoming danger.
In regards to claim 2, Sheardown teaches said PNU determining if said worker equipped with said PNU is in danger from said vehicle based at least in part on said direction of travel of said vehicle (Paragraph 70)
In accordance with another aspect of the invention, the track worker 40 may additionally be provided with a mobile safety device having a display as shown in FIG. 18. This device may be worn by the track worker or be a handheld device. The mobile safety device integrates a global positioning system (GPS), map of the rail network including a visual representation of the different rail roads and/or roads present in the vicinity along with train route maps including direction of travel of each rail vehicle. This mobile safety device may be in constant communication with the CIPC and/or the central control (not presently shown) where applicable. The advantage of such a device is that a track worker 40 carrying the mobile device will immediately know in real time when an alarm is received, which of the present rail roads are possible paths for approaching rail vehicles. In scenarios where a single rail road is present (as shown in FIG. 17), it is quite obvious, but in scenarios where there are multiple rail roads, and rail vehicles could be approaching from any direction, this feature would enable the track worker 40 to know which direction a rail vehicle is approaching and in which rail road. In a multiple rail road area, the rail road on which an approaching rail vehicle will travel may be shown in a particular color, example red, and adjacent rail roads where there will be no rail vehicle traveling may be shown in a different color, example green. By visual depiction of safe and unsafe rail roads, the mobile device facilitates an easy understanding from the track worker 40 and moves the track worker 40 to a point of safety. In order to use the mobile safety device, a first warning alerts a worker a train is in their safety zone. The worker can then view the mobile device for further information regarding all safety information.[P-70]
We see determining if said worker equipped with said PNU is in danger from said vehicle based at least in part on said direction of travel of said vehicle or said identifier of said track in order to accurately track the direction of the vehicle particularly in areas where satellite or tower based tracking areas are less effective due to lack of signal penetration through concrete/cement fixtures, and continue accurately alert nearby workers of oncoming danger.
In regards to claim 4, Sheardown modified teaches said VCU is unable to utilize satellite location information to determine said direction of travel of said vehicle (Paragraph 70, Sheardown)
In accordance with another aspect of the invention, the track worker 40 may additionally be provided with a mobile safety device having a display as shown in FIG. 18. This device may be worn by the track worker or be a handheld device. The mobile safety device integrates a global positioning system (GPS), map of the rail network including a visual representation of the different rail roads and/or roads present in the vicinity along with train route maps including direction of travel of each rail vehicle. This mobile safety device may be in constant communication with the CIPC and/or the central control (not presently shown) where applicable. The advantage of such a device is that a track worker 40 carrying the mobile device will immediately know in real time when an alarm is received, which of the present rail roads are possible paths for approaching rail vehicles. In scenarios where a single rail road is present (as shown in FIG. 17), it is quite obvious, but in scenarios where there are multiple rail roads, and rail vehicles could be approaching from any direction, this feature would enable the track worker 40 to know which direction a rail vehicle is approaching and in which rail road. In a multiple rail road area, the rail road on which an approaching rail vehicle will travel may be shown in a particular color, example red, and adjacent rail roads where there will be no rail vehicle traveling may be shown in a different color, example green. By visual depiction of safe and unsafe rail roads, the mobile device facilitates an easy understanding from the track worker 40 and moves the track worker 40 to a point of safety. In order to use the mobile safety device, a first warning alerts a worker a train is in their safety zone. The worker can then view the mobile device for further information regarding all safety information.[P-70]
Claims 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheardown et al. (US 20110006912 A1) in view of Shi et al. (CN 109254298 A) as applied to claim 1 above, in further view of Carlson et al. (CN 105813907 A).
In regards to claim 5 Sheardown modified fails to teach VCU utilizes radio waves to determine said direction of travel of said vehicle or said identifier of said track.
Carlson on the other hand teaches the UWB device utilizing radio waves to determine said direction of travel of said vehicle or said identifier of said track (Page 22, Last Paragraph; Page 23, Paragraph 2).
Once the other peer is added to the network, the control electronic module 1010 can operate one or more ranging radio 1004 to communicate with other peers. radio may be described as "ranging", because the radio with the control electronic module 1010 is operable to determine the distance between VMCS1000 and the given peer. can by determination of distance and flight time of another peer communication. For example, the signal can be sent to the peer and may be returned, and the time of flight can be calculated, so that the information about the distance to the peer.[Pg 22, Last Pgrph]
A technique is especially useful for ranging radio 1004 is a UWB network. UWB can provide broadband distance measurement signal which can be used for measuring such distance in inches. UWB is resistant to multi-path distortion. narrowband time-of-flight distance measuring system can suffer from multi-path distortion. UWB can change (including with the runtime environment of the building and the wall (which results in reflection) environment, a curved tunnel and underground) compatible. besides determining ranging information, UWB network can also be used to transmit data, the unique ID of the data such as VMCS, signal indication, track number, track direction, vehicle speed, direction of travel of the vehicle, or GPS information (position information and/or GPS clock value).[Pg 23, P-2]
It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Carlson’s teaching with Sheardown modified’ s teaching in order to enable track identification in line with direction of travel of the locomotive.
Claims 6, and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheardown et al. (US 20110006912 A1) in view of Shi et al. (CN 109254298 A) as applied to claim 1 above, in further view of Frederick (US 20100271214 A1).
In regards to claim 6, Sheardown modified teaches an active area (Paragraph 70, Sheardown)
In accordance with another aspect of the invention, the track worker 40 may additionally be provided with a mobile safety device having a display as shown in FIG. 18. This device may be worn by the track worker or be a handheld device. The mobile safety device integrates a global positioning system (GPS), map of the rail network including a visual representation of the different rail roads and/or roads present in the vicinity along with train route maps including direction of travel of each rail vehicle. This mobile safety device may be in constant communication with the CIPC and/or the central control (not presently shown) where applicable. The advantage of such a device is that a track worker 40 carrying the mobile device will immediately know in real time when an alarm is received, which of the present rail roads are possible paths for approaching rail vehicles. In scenarios where a single rail road is present (as shown in FIG. 17), it is quite obvious, but in scenarios where there are multiple rail roads, and rail vehicles could be approaching from any direction, this feature would enable the track worker 40 to know which direction a rail vehicle is approaching and in which rail road. In a multiple rail road area, the rail road on which an approaching rail vehicle will travel may be shown in a particular color, example red, and adjacent rail roads where there will be no rail vehicle traveling may be shown in a different color, example green. By visual depiction of safe and unsafe rail roads, the mobile device facilitates a6n easy understanding from the track worker 40 and moves the track worker 40 to a point of safety. In order to use the mobile safety device, a first warning alerts a worker a train is in their safety zone. The worker can then view the mobile device for further information regarding all safety information.[P-70]
Sheardown modified fails to teach a silent area.
Frederick on the other hand teaches a silent area (Paragraph 32)
However, in various situations, it may be necessary or desirable for a worker 301, 302, 303, 304 to be within the magnetic field 200 in order to properly operate the equipment 120 or perform other tasks without receiving a warning from the PAD. A silent zone or warning zone may be created by logically choosing combinations of the presence or absence of single or multiple magnetic fields in a particular location. For example, a warning zone may be defined by the microcontroller as a location having only a first magnetic field while a silent zone may be defined as a location having overlapping first and second magnetic fields. As another example, a silent zone may be defined as a location having both a first and second magnetic field, but not a third magnetic field. Other combinations of present and for absent magnetic fields at a particular location may also be used to logically define a silent zone or a warning zone.[P-32]
It would have been obvious during the time of the filing date of the said invention to combine Frederick’s teaching with Sheardown modified’s teaching in order to avoid false alarm warnings to workers relative to an oncoming train.
In regards to claim 9, Sheardown modified teaches PNU determines which area includes said PNU by using satellite location information (Paragraph 70, Sheardown)
In accordance with another aspect of the invention, the track worker 40 may additionally be provided with a mobile safety device having a display as shown in FIG. 18. This device may be worn by the track worker or be a handheld device. The mobile safety device integrates a global positioning system (GPS), map of the rail network including a visual representation of the different rail roads and/or roads present in the vicinity along with train route maps including direction of travel of each rail vehicle. This mobile safety device may be in constant communication with the CIPC and/or the central control (not presently shown) where applicable. The advantage of such a device is that a track worker 40 carrying the mobile device will immediately know in real time when an alarm is received, which of the present rail roads are possible paths for approaching rail vehicles. In scenarios where a single rail road is present (as shown in FIG. 17), it is quite obvious, but in scenarios where there are multiple rail roads, and rail vehicles could be approaching from any direction, this feature would enable the track worker 40 to know which direction a rail vehicle is approaching and in which rail road. In a multiple rail road area, the rail road on which an approaching rail vehicle will travel may be shown in a particular color, example red, and adjacent rail roads where there will be no rail vehicle traveling may be shown in a different color, example green. By visual depiction of safe and unsafe rail roads, the mobile device facilitates an easy understanding from the track worker 40 and moves the track worker 40 to a point of safety. In order to use the mobile safety device, a first warning alerts a worker a train is in their safety zone. The worker can then view the mobile device for further information regarding all safety information.[P-70]
In regards to claim 10, Sheardown modified teaches said PNU in a situation where it is unable to utilize satellite location information, to determine which area includes the PNU (Paragraph 35).
The safety system 10 further includes a plurality of transceivers 80. Transceivers, by definition, have the ability to send and receive information. In an alternate embodiment, the transceivers 80 may be replaced by a separate receiver (not shown) and transmitter (not shown) units that together achieve the functional capability of the transceivers. The transceivers 80, in the present embodiment, are capable of receiving information from the device 70 about the track worker 40 and also relaying the information to the CIPC 50. The transceivers 80 are further configured to receive rail vehicle information 60B from the rail vehicle 30. The transceivers 80 may include, for example, RFID readers that are adapted to receive the signals from the device 70. The transceivers 80 may be mounted on elevated structures such as, for example, towers 90 that are situated on the wayside. Wayside may be defined as the area on either side of the railroad 20 that is available for use to situate any equipment that may be considered as part of the rail network 15 and/or the safety system 10. It should be apparent to the person skilled in the art that there may be other equipment located on the wayside, such as signaling equipment, power distribution equipment and various support structures. In certain implementations, the towers 90 may be replaced by other kinds of support structures including, for example, a building, or any structure to which the transceivers 80 may be affixed. In certain implementations, the transceivers 80 may be located on top of catenary support structures that are an integral part of an electrified track network.[P-35]
in this case, wayside readers, communicating and reading the position of the vehicle as well as the worker in scenarios where they are within buildings or tunnels, where satellite signals are unable to penetrate.
In regards to claim 11, Sheardown modified teaches the PNU utilizes location relative to a beacon placed in said work zone to determine which area includes said PNU (Paragraph 35).
The safety system 10 further includes a plurality of transceivers 80. Transceivers, by definition, have the ability to send and receive information. In an alternate embodiment, the transceivers 80 may be replaced by a separate receiver (not shown) and transmitter (not shown) units that together achieve the functional capability of the transceivers. The transceivers 80, in the present embodiment, are capable of receiving information from the device 70 about the track worker 40 and also relaying the information to the CIPC 50. The transceivers 80 are further configured to receive rail vehicle information 60B from the rail vehicle 30. The transceivers 80 may include, for example, RFID readers that are adapted to receive the signals from the device 70. The transceivers 80 may be mounted on elevated structures such as, for example, towers 90 that are situated on the wayside. Wayside may be defined as the area on either side of the railroad 20 that is available for use to situate any equipment that may be considered as part of the rail network 15 and/or the safety system 10. It should be apparent to the person skilled in the art that there may be other equipment located on the wayside, such as signaling equipment, power distribution equipment and various support structures. In certain implementations, the towers 90 may be replaced by other kinds of support structures including, for example, a building, or any structure to which the transceivers 80 may be affixed. In certain implementations, the transceivers 80 may be located on top of catenary support structures that are an integral part of an electrified track network.[P-35]
In this case, the wayside unit(s) in proximity to workers safety device acting as beacons to track position and location of the PNU devices.
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheardown et al. (US 20110006912 A1) in view of Shi et al. (CN 109254298 A) and Frederick (US 20100271214 A1) as applied to claim 6 above, in further view of Nakabayashi et al. (US 20210026881 A1).
In regards to claim 7, Sheardown fails to teach work zone includes a restricted area and said PNU warns said worker if said worker enters said restricted area.
Nakabayashi on the other hand teaches work zone includes a restricted/prohibited area and said PNU warns said worker if said worker enters said restricted/prohibited area (Paragraphs 43, 104)
The prohibited area memory 24 stores prohibited area information for determining an image capture prohibited area. The prohibited area information is registered in advance before execution of a management process, which will be described later. The prohibited area information includes data related to a prohibited area information identifier, area name, and position (coordinates) of the prohibited area. The image capture prohibited area is, for example, a bathroom used by a worker.[P-43]
Alternatively, a warning may be output to indicate that the image capture position is located in the image capture prohibited area. When the warning goes off, the worker stops capturing an image[P-104]
Here, we see a means to warn worker(s) of a restricted area or zone, based on their location.
It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Nakabayashi’s teaching with Sheardown modified’ s teaching in order to prevent workers from entering prohibited areas.
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheardown et al. (US 20110006912 A1) in view of Shi et al. (CN 109254298 A) and Frederick (US 20100271214 A1) as applied to claim 7 above, in further view of Williams et al. (US 20130143586 A1).
In regards to claim 8, Sheardown fails to teach the work zone includes a fenced area and said PNU warns said worker if said worker leaves said fenced area.
Williams on the other hand teaches the work zone includes a fenced area and said PNU warns said worker if said worker leaves said fenced area (Paragraph 25),
In an embodiment, the alerts additionally include alert trigger conditions. Alert trigger conditions define what conditions must occur before the user is sent a specific alert. In an embodiment, each alert includes one or more definitions of a geo-fenced area the user must enter or exit to trigger the alert, and dates and times when the alert can be triggered. In an embodiment, the alerts can include additional parameters such as, for example, an expiration date and the number of times the alert can be triggered.[P-25]
Here, we see alert trigger conditions that define what conditions must occur before the user is sent a specific alert. In an embodiment, each alert includes one or more definitions of a geo-fenced area the user must enter or exit to trigger the alert, and dates and times when the alert can be triggered.
It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Williams’ teaching with Sheardown’s teaching in order to alert workers when they exit a safer region to a potentially dangerous region.
Conclusion
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/ANTHONY D AFRIFA-KYEI/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686