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 Rejections - 35 USC § 102
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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeVitis (4,032,249)
Regarding claim 1, DeVitis teaches a concrete grooving apparatus comprising: a skid (10); an alignment apparatus (13, 21) coupled with a top surface of said skid; and a grooving element (24) coupled with a bottom surface of said skid; wherein said alignment apparatus is adapted and configured to identify a desired path of said skid across an uncured concrete surface; and wherein said grooving element is adapted and configured to introduce a groove into said uncured concrete surface corresponding to said desired path. The alignment apparatus (13), guides the skid along the concrete and is adapted to move the skid along the desired path.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rowbotham (20140157702)
Regarding claim 1, Rowbotham teaches a concrete grooving apparatus comprising: a skid (20); an alignment apparatus (paragraph [0029]); and a grooving element (22) coupled with a bottom surface of said skid; wherein said alignment apparatus is adapted and configured to identify a desired path of said skid across an uncured concrete surface (paragraph [0029]); and wherein said grooving element is adapted and configured to introduce a groove into said uncured concrete surface corresponding to said desired path. Rowbotham fails to explicitly teach that the alignment apparatus is coupled with a top surface of said skid, however, the examiner takes official notice that it is old and well known to attach a guide device to the top of the tool being guided as it is obvious to use a known technique to improve similar devices in the same way.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed on the attached PTO-892. High teaches a tool for making grooves in concrete and having a laser guide.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL ANNE RISIC whose telephone number is (571)270-7819. The examiner can normally be reached 8-5, M-Th.
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/ABIGAIL A RISIC/Primary Examiner, Art Unit 3671 September 17, 2025