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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 7-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Duffy US 2014/0270953 in view of Merritt US 5,000,789.
Duffy discloses a method of soil stabilization comprising:
Providing a soil treating machine (P) having: cutting edge (1) and augers (2) configured
to paved and/or subgrade material (A) from a surface; a transfer device (3)
configured to transfer material removed by the cutting edge; a hopper (13),
configured to receive the removed material (A) from the transfer device (23).
A pair of tanks/reservoirs (13a) disposed on respective sides of the hopper.
See Fig. 1; [075].
A spray bar assembly (12, 14) configured to spray additives, such as binder, [0060] onto the removed material (A) as said material enters the hopper (13).
Wherein the cutting edge, transfer device and spray bars can be mounted to a
known paving machine, having a hopper, auger and paving screed. See [0076].
The method further including:
Removing a uniform layer 100mm thick of pavement and/or subgrade from the ground.
Spraying additive, such as binder onto the removed material (A) inside said hopper (13).
Mixing the sprayed binder and removed material (A).
Returning the sprayed material (A) back to the ground from where it was removed.
Compacting said returned, sprayed material (A).
What Duffy does not disclose is what binder is being used. However, Merritt teaches it is known to add alkali-activatable mixtures, such as sulfuric acid and citrus stripper oil to soil and achieve compressive strengths of 375-520psi/2.5-3.5MPA over an 11-28 day cure. See Col. 4, lns. 6-52. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of soil stabilization of Duffy with the step of adding an alkai-activatable mixture, as taught by Merritt in order to support vehicular traffic.
With respect to claims 12, 13 Duffy teaches using industrial side-stream material, to be mixed into the soil/subgrade removed from the roadway. The “industrial side-stream material” being Recycled Asphalt Particles (RAP). And that an entirety of a roadway can thus be recycled and strengthened by said method. [0007-10].
Response to Arguments
Applicant’s arguments filed 3/16/2026, with respect to the rejection(s) of claim(s) 7-13 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Merritt US ‘789.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/
Primary Examiner, Art Unit 3671 12/10/2025
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