DETAILED ACTION
The three (3) Information Disclosure Statements have all 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 23-44 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 23, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 36, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 23 and 36 are replete with the terms “such as” as well as “in particular” which do not add definitive features to the claims and leave them vague and indefinite.
Claim 23 recites a “basic component”. This term is also relative as it is unclear as to what is “basic” about the component. This leaves the claims vague and indefinite.
Claim 36 recites a “basic component”. This term is also relative as it is unclear as to what is “basic” about the component. This leaves the claims vague and indefinite.
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) 23-28, 30-34 and 36-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Navratil (EP 2103738 A2) in view of Weibusch (DE 20016674 U1).
Navratil discloses a crossing frog comprised of a base component at the center of the device as shown in figure 1 of a monobloc construction. Figure 3 depicts an upper part of the frog, and an exchangeable component insert, resting on the base component and which can be driven over by a rail vehicle. A releasable connection secures the component to the frog base by a plurality of threaded bolts 14 and nuts 15 through threaded holes 13.
Navratil discloses the frog crossing as described above. However, Navratil does not specifically show a sensor assembly on the frog to detect a passing vehicle. Weibusch shows a sensor comprised of a sound sensor 36 to that the sensor is designed to generate a signal representative of the quality of the releasable connection when a rail vehicle passes over the points or crossing component. The sensor transmits accelerations and mechanical vibrations based on the approach of a vehicle towards the frog. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant invention, to have applied a sensor assembly, like that of Weibusch, to a frog crossing assembly, like that of Navratil, with the expected result of providing a sensor and monitoring system for the frog to determine it’s condition on the rail so as to monitor or defects or malfunctions on the frog.
Allowable Subject Matter
Claims 29, 35 and 41-44 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lozano (WO 2022/171271 A1), Parsons (US 2016/0010286), Zieger (DE 102009005933 A1), Zoll (EP 1491683 B1), Hein (US 2007/0007394), and Rotter (US 4,986,498) all show various types of crossing frog assemblies.
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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/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
October 7, 2026
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