DETAILED ACTION
1. Claims 24-45 of application 19/255,436, filed on 30-June-2025, are presented for examination. Claims 1-23 and 28-30 were canceled by the preliminary amendment received on 11-September-2025. The IDS received on 22-September-2025 has been considered. The present application is a CON of application 18/641,831, filed on 22-April-2024, now USP 12,370,995; which is a CON of application 17/685,822, filed on 3-March-2022, now USP 11,993,235; which is a CON of application 16/510,838, filed on 12-July-2019, now USP 11,312,350.
The present application, filed on or after 16-March-2013, is being examined under the first inventor to file provisions of the AIA .
Specification Objections
2. The specification is objected to because of the following informalities:
In view of the fact that continuation information was provided in paragraph [0001] of the specification, for consistency purposes, the continuation information should be updated to reflect the current patent status of parent application 18/641,831, which is now USP 12,370,995. Appropriate correction is optional, but nevertheless requested.
Rejections under 35 U.S.C. § 112(b)
3.1 The following is a quotation of 35 U.S.C. 112(b):
(b) 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.
3.2 Claims 42 and 43 are rejected under 35 U.S.C. § 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint Inventor regards as the invention. The following is a list of the specific rejection(s):
Claim 42: The phrase “wherein the plurality of sensors further sense pressure in pressure in an emergency reservoir” is vague due to grammatical informalities.
Claim 43 is rejected for being dependent upon a rejected base claim.
Claim Rejections under 35 U.S.C. § 102(a)(1)
4.1 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)(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.
4.2 Claims 24-45 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Gaughan et al, USP Publication 2008/0129480.
4.3 Gaughan discloses:
Claim 24: A method for determining performance of an air brake system on a railcar [¶0010 (there is provided an event recorder fixedly mountable on a railcar for monitoring performance of a brake system thereof.); 0021] that includes a railcar air brake valve [0004; 0021], an air brake pipe [0004; 0021] and an air brake cylinder with a piston [0004; 0021], the method comprising:
(a) sensing pressure and determining whether there was a change in pressure in the air brake pipe of a railcar [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…brake pipe); 0015; 0022; 0026];
(b) sensing pressure and determining whether there is a change in pressure in the air brake cylinder [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…brake cylinder); 0015; 0022; 0026];
(c) determining, based on any changes in pressure sensed in the air brake pipe and/or the air brake cylinder, if a desired action or a non-desired action was obtained [0010 (a processor operative for analyzing the determined pressure to determine an operational condition of the brake system;); 0015]; and
(d) if it is determined in step (c) that the desired action or a non-desired action was obtained, selectively communicating a notification to a remote receiver [0009 (The event recorder may store the data for a set period of time so that the data may be downloaded for further review ( e.g., to determine the specific faults detected).); 0010 (an indicator configured to visually convey the operational condition of the brake system, wherein the remote receiver could be maintenance personnel looking at visual indicia on the car (0015-0016)); 0014 (The event recorder may also include a communications port communicatively connected to the processor and configured to transmit the determined pressure external from the event recorder. The communications port may be a wired or wireless data transmission interface.); 0031 (The communications port 50 is configured to transmit the determined pressure data stored on the storage medium 44 to an external device…hand-held device, remote computer, Internet, etc.)].
Claim 25: wherein step (a or b) comprises performing operations by a pressure sensing device to sample pressure within the air brake pipe or air brake cylinder when the pressure increases or decreases above or below a predetermined threshold [0012 (The processor is operative for comparing the determined (actual) pressures of the one or more brake system components to the expected (threshold) pressures associated with the respective one or more brake system components to determine the operational condition of the brake system.); 0013 (The predefined ranges of operational conditions may be defined as a function of expected pressures associated with the respective one or more brake system components during corresponding operational conditions thereof.)].
Claim 26: wherein step (a) comprises reducing the pressure in the air brake pipe of the railcar by an amount sufficient to actuate the railcar brake, and step (c) comprises determining if the pressure sensed in step (b) actuated the railcar brake [0026 (For example, the emergency reservoir 20, the auxiliary reservoir 18, the brake pipe 25 and the brake cylinder 24 each have an air pressure value or values associated therewith that is necessary for operation of any one
component or operation of the brake system 12 as a whole. This predetermined pressure value or values may serve as the basis for establishing various predefined ranges and/or tolerances of various operational conditions. For example, a decrease in air pressure for a certain component may correlate to reduced efficiency in that component, but may still allow for full functionality of the overall brake system 12. Conversely, a decrease in air pressure for a certain component
may correlate to failure of that component, which results in failure of the overall brake system 12.)].
Claim 27: wherein step (a) comprises increasing said pressure by an amount sufficient to release the railcar brake, and step (c) comprises determining if the pressure sensed in step (b) released the rail car brake [0026 (For example, the emergency reservoir 20, the auxiliary reservoir 18, the brake pipe 25 and the brake cylinder 24 each have an air pressure value or values associated therewith that is necessary for operation of any one component or operation of the brake system 12 as a whole. This predetermined pressure value or values may serve as the basis for establishing various predefined ranges and/or tolerances of various operational conditions.)].
Claim 31: wherein steps (a) through (d) are carried out for multiple railcars in a train consist in which the air brake pipe of each one of said multiple railcars of said train consist is connected to one another so that said pressure extends from one railcar air brake pipe to each of the other railcar air brake pipes, and step (a) is carried out by sensing pressure in the connected air brake pipes, and the method further comprises step (e) in which a determination is made as to a location in the train consist where there is an undesired loss of pressure [0015 (A method for monitoring performance of a brake system of a railcar includes the steps of receiving air from an
emergency reservoir, an auxiliary reservoir, a brake pipe and a brake cylinder of the brake system. Thereafter, the pressure of the respective air received is determined. The determined pressure is then analyzed to determine an operational condition of the brake system.); 0026 (Via the appropriate software, the processor 42 is operative for analyzing the pressure data to determine an operational condition of the brake system 12. The software may include predetermined pressure data associated with the proper or desired functionality of each of the components of
the brake system 12. For example, the emergency reservoir 20, the auxiliary reservoir 18, the brake pipe 25 and the brake cylinder 24 each have an air pressure value or values associated therewith that is necessary for operation of any one component or operation of the brake system 12 as a whole.)].
Claims 32 and 41: wherein the pressure and changes in pressure applied to the railcar brake piston are sensed along a timeline compared to step (a) pressure and changes in pressure in the air brake pipe [0026 (there may be predefined operational ranges relating to normal
operation of the brake system 12 and abnormal operation of the brake system 12. Any other degrees of operational conditions may also be quantified via a predefined range or tolerance.
The expected pressures may be based on pressure values of individual braking components in isolation or in relation to each other.)].
Claim 33: further comprising sensing pressure and determining whether a change occurs in pressure in an emergency reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…emergency reservoir); 0015; 0022; 0026].
Claim 34: wherein said determining of step (c) is further based on any changes in pressure in the emergency reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…emergency reservoir); 0015; 0022; 0026; 0010 (a processor operative for analyzing the determined pressure to determine an operational condition of the brake system)].
Claim 35: further comprising sensing pressure and determining whether a change in pressure occurs in an auxiliary reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…auxiliary reservoir); 0015; 0022; 0026].
Claim 36: wherein said determining of step (c) is further based on any changes in pressure in the auxiliary reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…auxiliary reservoir); 0015; 0022; 0026; 0010 (a processor operative for analyzing the determined pressure to determine an operational condition of the brake system)].
Claim 37: further comprising sensing a force at a location in the brake system that encompasses forces indicative of a total braking force transferred to the brake rigging [0033 (the event recorder 10 may be configured to monitor brake cylinder pressure downstream of an empty and load device to determine the operational condition of the empty and load device, such as SC-1 , or other ELX empty and load equipment. In addition to downstream brake cylinder pressure,
other vehicle parameters, such as car weight, may also be monitored and recorded. For example, car weight may be monitored by sensing, via appropriate sensing mechanisms and truck spring deflection. This derived data permits an improved evaluation of the empty and load equipment.)].
Claim 38: further comprising determining relative portions of the total braking force that was applied by a handbrake and the air braking system [0033 (Another sensor may be added to a handbrake to detect when the handbrake is set and what the status of the handbrake is when the railcar is moving.)].
Claim 39: A method for determining performance of an air brake system on a railcar [0010] that includes a railcar air brake valve [0004; 0021], an air brake pipe [0004; 0021] and an air brake cylinder with a piston [0004; 0021], the method comprising:
(a) sensing pressure and determining whether there is a change in pressure in the air brake pipe of a railcar [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…brake pipe); 0015; 0022; 0026];
(b) sensing pressure and determining whether there is a change in pressure in the air brake cylinder [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…brake cylinder); 0015; 0022; 0026];
(c) sensing pressure and determining whether there is a change in pressure in an auxiliary reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…auxiliary reservoir); ; 0015; 0022; 0026];
(d) sensing pressure and determining whether there is a change in pressure in an emergency reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…emergency reservoir); 0015; 0022; 0026];
(e) determining, based on any changes in pressure in one or more of the air brake pipe, the air brake cylinder, auxiliary reservoir and emergency reservoir, if a desired action or a non-desired action was obtained [0010 (a processor operative for analyzing the determined pressure to determine an operational condition of the brake system); 0015]; and
(f) if it is determined in step (e) that the desired action or a non-desired action was obtained, selectively communicating a notification to a remote receiver [0009 (The event recorder may store the data for a set period of time so that the data may be downloaded for further review ( e.g., to determine the specific faults detected).); 0010 (an indicator configured to visually convey the operational condition of the brake system, wherein the remote receiver could be maintenance personnel looking at visual indicia on the car (0015-0016)); 0014 (The event recorder may also include a communications port communicatively connected to the processor and configured to transmit the determined pressure external from the event recorder. The communications port may be a wired or wireless data transmission interface.); 0031 (The communications port 50 is configured to transmit the determined pressure data stored on the storage medium 44 to an external device…hand-held device, remote computer, Internet, etc.)].
Claim 40: A railcar, comprising:
an air brake system [0010] comprising a railcar air brake valve, an air brake pipe and an air brake cylinder with a piston [0004; 0021];
a plurality of sensors that sense pressure in the air brake pipe of a railcar and pressure in the brake cylinder [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…brake pipe…brake cylinder); 0015; 0022];
a communication device configured to communicate information [0014; 0031]; and
a processor communicatively coupled to the plurality of sensors and communication device [0012 (The processor is operative for comparing the determined pressures of the one or more brake system components to the expected pressures associated with the respective one or more brake system components to determine the operational condition of the brake system); 0025], the processor configured to:
(a) determine whether there is a change in pressure in the air brake pipe of a railcar [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…brake pipe); 0015; 0022; 0026];
(b) determine whether there is a change in pressure in the air brake cylinder [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…brake cylinder); 0015; 0022; 0026];
(c) determine, based on any changes in pressure in the air brake pipe and/or the air brake cylinder, if a desired action or a non-desired action was obtained [0010 (a processor operative for analyzing the determined pressure to determine an operational condition of the brake system;); 0015]; and
(d) if it is determined in operation (c) that the desired action or non-desired action was obtained, selectively control the communication device to communicate a notification to a remote receiver [0009 (The event recorder may store the data for a set period of time so that the data may be downloaded for further review ( e.g., to determine the specific faults detected).); 0010 (an indicator configured to visually convey the operational condition of the brake system, wherein the remote receiver could be maintenance personnel looking at visual indicia on the car (0015-0016)); 0014 (The event recorder may also include a communications port communicatively connected to the processor and configured to transmit the determined pressure external from the event recorder. The communications port may be a wired or wireless data transmission interface.); 0031 (The communications port 50 is configured to transmit the determined pressure data stored on the storage medium 44 to an external device…hand-held device, remote computer, Internet, etc.)].
Claim 42: wherein the plurality of sensors further sense pressure in pressure in an emergency reservoir, and the processor is further configured to determine whether a change in pressure occurs in the emergency reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…emergency reservoir); 0015; 0022; 0026].
Claim 43: wherein said determining of operation (c) is further based on any changes in pressure in the emergency reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…emergency reservoir); 0015; 0022; 0026; 0010 (a processor operative for analyzing the determined pressure to determine an operational condition of the brake system)].
Claim 44: the plurality of sensors further sense pressure in an auxiliary reservoir and determining whether a change in pressure in the auxiliary reservoir, and the processor is further configured to determine whether a change in pressure occurs in the auxiliary reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…auxiliary reservoir); 0015; 0022; 0026].
Claim 45: wherein said determining of operation (c) is further based on any changes in pressure in the auxiliary reservoir [0010 (at least one sensor (e.g., transducer) for determining a pressure of the air received from the one or more brake system components…auxiliary reservoir); 0015; 0022; 0026; 0010 (a processor operative for analyzing the determined pressure to determine an operational condition of the brake system)].
Prior Art
5. The following prior art, discovered in an updated search and herein made of record is considered pertinent to Applicant’s disclosure, and consists of documents A-E on the attached PTO-892 Notice of References Cited:
Document A defines a document of particular relevance, wherein the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone.
Documents B-D define documents of particular relevance, wherein the claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art.
Document E defines the general state of the art which is not considered to be of particular relevance.
Prior Art of Record
6. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. [SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123].
In addition, disclosures in a reference must be evaluated for what they would fairly teach one of ordinary skill in the art [See In re Snow, 471 F.2d 1400, 176 USPQ 328 (CCPA 1973) and In re Boe, 355 F.2d 961, 148 USPQ 507 (CCPA 1966)]. Specifically, in considering the teachings of a reference, it is proper to take into account not only the specific teachings of the reference, but also the inferences that one skilled in the art would reasonably have been expected to draw from the reference [See In re Freda, 401 F.2d 825, 159 USPQ 342 (CCPA 1968) and In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963)]. Likewise, it is proper to take into consideration not only the teachings of the prior art, but also the level of ordinary skill in the art [See In re Luck, 476 F.2d 650, 177 USPQ 523 (CCPA 1973)]. Specifically, those of ordinary skill in the art are presumed to have some knowledge of the art apart from what is expressly disclosed in the references [See In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962)].
Response Guidelines
7.1 A shortened statutory period for response to this non-final action is set to expire 3 (three) months and 0 (zero) days from the date of this letter. Unless the applicant is notified in writing that a reply is required in less than six months (see the shortened response period previously noted), a maximum period of six months is allowed, if a petition for an extension of time and the fee set in § 1.17(a) are filed [see MPEP 710 and 35 U.S.C. 133]. Failure to respond within the required period for response will cause the application to become abandoned [see MPEP 710.02, 710.02(b)].
7.2 Any response to the Examiner in regard to this non-final action should be
directed to: Russell Frejd, telephone number (571) 272-3779, Monday-Friday from 0730 to
1600 ET. If attempts to reach the examiner by telephone are unsuccessful,
please contact the examiner’s supervisor, Peter Nolan, who can be reached at
(571) 270-7016.
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/RUSSELL FREJD/
Primary Examiner AU 3661
Prosecution Insights