Ex Parte Herzog et al - Page 5



           Appeal 2007-1787                                                                        
           Application 10/742,187                                                                  
                 4. Bounds discloses a railroad hopper car with ballast distributing               
           hoppers and a remote control system (Bounds, col. 2, ll. 23-35).                        
                 5. The railroad car 101 includes a number of hopper doors 111.  Each of           
           the doors 111 is selectively moveable between a closed position, as shown in            
           Fig. 11, and an open position, as shown in Fig. 12, via a hydraulically-operated        
           cylinder and piston 112.  When the hopper doors 11 are opened, ballast 113 is           
           dropped onto and between the rails 102. (Bounds, col. 8, ll. 23-29).                    
                 6. A remote hand held transmitter 214 provides selective and individual           
           control of all of the hydraulic cylinders on the cars.  The receiver 202 is connected   
           to a solenoid controller 215 (Bounds, col. 9, ll. 62-67).                               
                 7. The solenoid controller 215 is programmed to selectively provide               
           electrical control signals to the valve control solenoids 203-212 to thereby            
           selectively control a plurality of 3 way hydraulic valves 221-230 thereby               
           controlling, among other things, the individual hopper doors (Bounds, col. 10,          
           ll. 1-4 and 10-14).                                                                     
                 8. Bounds does not disclose a GPS receiver or a position control system           
           coupled to a GPS receiver for storing data representing a location along the            
           railroad in which application of ballast is desired.                                    
                 9. Anderson discloses a spinner spreader machine that automatically               
           adjusts positioning of the spinner spreader funnel apparatus to allow product           
           spreading patterns to be changed on-the-go in response to changing quantity and         
           prescription requirements (Anderson, col. 1, ll. 7-11).                                 



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