DETAILED ACTION
Election/Restrictions
Claims 1-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12 January 2026.
Specification
The abstract of the disclosure is objected to because “are disclosed herein” (line 1) is redundant to the purpose of the abstract and should be deleted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 13 and 17 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.
Claim 13 recites the limitation "the screed" in line 3. There is insufficient antecedent basis for this limitation in the claim.
The recitation of “further” in line 1 of claim 17 is awkward and indefinite. This recitation is unclear with respect to its intended meaning; i.e., essentially denoting an additional limiter (“further comprising being disposed between…”) or a comparative recitation (“located in a position (further) than another element”). Neither meaning makes grammatical sense as recited. This recitation has not been treated, such that the phrase has been read as “the first material distribution bar is disposed between the gap…”.
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.
Claims 12-14, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Binning (U.S. Patent 6,050,744).
Binning discloses a paver having opposing walls (30). For purposes of examination, panel (78) meets the recitation a material distribution bar (Figure 2, for example). There is a back wall (28) having an adjustable gate (80). The mount of the bar (78) is not specifically shown; however, in view of the arrangement shown in Figure 4, for example, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured the bar (78) to have spanned between the walls in order to support the bar, since gate (80) is configured in this manner. There is a gap (near lead line 76, Figure 2, for example). Binning is silent regarding a bracket configured as claimed; however, the paver is a pull-type which requires connection to a mobile machine (via 100). The examiner takes Official notice that pavers disposed on mobile machines are well known. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Binning with brackets as claimed in order to be attachable to such a machine, rather than being towed by a hitch.
Regarding claim 13, the trailing edge of the bar (78) is lower than the leading edge (Figure 2).
Regarding claim 14, it is unclear if the bar (78) is rotatable; however, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have arranged the bar in this manner in order to place material as desired, for example.
Regarding claim 16, there is a hopper (20).
Regarding claim 17, the bottom edge of the bar (78) appears to be disposed relative to the gap as claimed (Figure 2).
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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. The additional references teach pavers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at 571 272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GARY S. HARTMANN
Primary Examiner
Art Unit 3671
/GARY S HARTMANN/Primary Examiner, Art Unit 3671
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