DETAILED ACTION
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 Objections
Claims 3-4 & 9 are objected to because of the following informalities:
Claim 3, Line 5, “the predetermined pavement temperature” should be --a predetermined pavement temperature--;
Claim 4, Line 5, “the predetermined pavement temperature” should be --a predetermined pavement temperature--;
Claim 9, Line 19, “the predetermined pavement temperature” should be --a predetermined pavement temperature--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 person shall be entitled to a patent unless –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1)&(a)(2) as being anticipated by Vega (6758630).
Vega discloses a road heater system (e.g. Fig. 1) comprising: a roadway (e.g. 13) comprising a pavement (e.g. ~13, Fig. 2) and a plurality of rebar (e.g. 12), the plurality of rebar being embedded in the pavement (e.g. Col. 3, Ln. 55-56); a control circuit (e.g. 20) being electrically coupled to the plurality of rebar; and an electric generator being electrically coupled to the control circuit, the control circuit selectively directing an electrical current from the electric generator through the plurality of rebar, thereby heating the plurality of rebar and the pavement via resistive heating (e.g. Col. 1, Ln. 17-42 & Col. 4, Ln. 6-26).
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 2-11 are rejected under 35 U.S.C. 103 as being unpatentable over Vega (6758630) in view of Oskwarek (10383175).
Vega discloses a road heater system, as described above, further including a control system (e.g. Col. 4, Ln. 6-26), but does not explicitly teach an air thermometer being electrically coupled to the control circuit, the air thermometer being positioned such that the air thermometer is configured for sensing a temperature of a volume of air adjacent to the roadway, the control circuit being programmed to direct the electrical current through the rebar when the temperature of the volume of air is less than a predetermined air temperature; a road thermometer being electrically coupled to the control circuit, the road thermometer being positioned to sense a temperature of the pavement, the control circuit being programmed to terminate directing the electrical current through the rebar when the temperature of the pavement is greater than the predetermined pavement temperature; wherein the control circuit is programmed to activate the electric generator when the temperature of the volume of air is less than the predetermined air temperature, the control circuit being programmed to deactivate the electric generator when the temperature of the pavement is greater than the predetermined pavement temperature; the electric generator comprises a power storage, the electric generator being configured to electrically charge the power storage; the power storage comprises a battery; or the electric generator further comprises a solar panel, the solar panel being electrically coupled to the power storage.
Oskwarek teaches a surface heater system having an air thermometer (e.g. 130) being electrically coupled to the control circuit, the air thermometer being positioned such that the air thermometer is configured for sensing a temperature of a volume of air adjacent to the roadway, the control circuit being programmed to direct the electrical current through the rebar when the temperature of the volume of air is less than a predetermined air temperature (e.g. 32 F, Step 815); a road thermometer (e.g. 125) being electrically coupled to the control circuit, the road thermometer being positioned to sense a temperature of the pavement, the control circuit being programmed to terminate directing the electrical current through the rebar when the temperature of the pavement is greater than a predetermined pavement temperature (e.g. TC); wherein the control circuit is programmed to activate the electric generator when the temperature of the volume of air is less than the predetermined air temperature, the control circuit being programmed to deactivate the electric generator when the temperature of the pavement is greater than the predetermined pavement temperature (e.g. Fig. 8); the electric generator comprises a power storage (e.g. directly associated with 220, 225, Col. 4, Ln. 66 - Col. 5, Ln. 3), the electric generator being configured to electrically charge the power storage; the power storage comprises a battery (e.g. associated with at least 220); and the electric generator further comprises a solar panel (e.g. at least 225 as a known domestic power supply, Col. 5, Ln. 1-3), the solar panel being electrically coupled to the power storage.
Vega and Oskwarek both seek to heat a surface in order to prevent accumulation of ice and/or snow, thus it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the control system of Vega to include an air thermometer being electrically coupled to the control circuit, the air thermometer being positioned such that the air thermometer is configured for sensing a temperature of a volume of air adjacent to the roadway, the control circuit being programmed to direct the electrical current through the rebar when the temperature of the volume of air is less than a predetermined air temperature; a road thermometer being electrically coupled to the control circuit, the road thermometer being positioned to sense a temperature of the pavement, the control circuit being programmed to terminate directing the electrical current through the rebar when the temperature of the pavement is greater than the predetermined pavement temperature; wherein the control circuit is programmed to activate the electric generator when the temperature of the volume of air is less than the predetermined air temperature, the control circuit being programmed to deactivate the electric generator when the temperature of the pavement is greater than the predetermined pavement temperature; the electric generator comprises a power storage, the electric generator being configured to electrically charge the power storage; the power storage comprises a battery; and the electric generator further comprises a solar panel, the solar panel being electrically coupled to the power storage, as taught by Oskwarek, for the purpose of preventing the accumulation of ice and/or snow on a road surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 6592288 & 20040016740 cited, but not relied upon, are considered to anticipate at least Claim 1. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art.
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/MICHAEL LESLIE/
Primary Examiner, Art Unit 3745
December 11, 2025