DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the amendment 18159401 RCE filed on 02/17/2026
Claims 1 and 11 are amended
Claim 8 is cancelled
Claims 1 – 7, 10 – 20 are currently pending and have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/17/2026 has been entered.
Response to Arguments
Response to 103
Applicants arguments are not persuasive in light of examiners rejection below based upon the newly amended claim limitations. The amended claim limitations show in prior art reference MALONE of a self-propelled grader ( col 2 line 60-67)
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.
(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(s) 15 – 18, and 20 are rejected under 35 U.S.C. 102(a1)(a2) as being anticipated by AU2012101650 – Bowes et al. hereinafter as BOWES
Regarding Claim 15:
BOWES discloses:
15. A hopper for a grader for a roadway surface, comprising:
a material hopper including: ( material hopper – 1, SEE FIGURE 1)
a hopper inlet; and ( HOPPER INLET - 7, SEE FIGURE 1)
a hopper outlet, the hopper outlet configured to flow material from the hopper onto the roadway surface. ( HOPPER OUTLET as shown arrow, SEE FIGURE 7)
Regarding Claim 16:
BOWES discloses:
16. The hopper of claim 15, wherein: the hopper outlet is disposed in a hopper platform disposed at a lower portion of the hopper; ( wherein the hopper outlet is shown where there are mini angles, where material flows to deposit on the ground )and a grader blade extends through a blade opening in the hopper platform. ( wherein the grader blade is 8 – figure 7)
Regarding Claim 17:
BOWES discloses:
17. The hopper of claim 16, wherein the hopper platform is disposed at a platform height from the hopper platform to the roadway surface, the platform height greater than the blade height. ( wherein the hopper platform is higher than the blade height as shown in figure 1 and 7. Figure 1 shows the inlet of the hopper, figure 7 shows the underside of the hopper and the blade – 8)
Regarding Claim 18:
BOWES discloses:
18. The hopper of claim 15, wherein a hopper length in the travel direction tapers between the hopper inlet and the hopper outlet. ( wherein the length of the hopper between inlet and outlet tapers in travel direction, figure 1)
Regarding Claim 20:
BOWES discloses:
20. The hopper of claim 15, wherein the hopper includes one or more hopper plates disposed therein to urge a portion of the material across a width of the roadway.( where in the hopper plates help distribute them across the roadway as shown in figure 7. Pointed arrow)
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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) 1-5, 7-8, 10-13 are rejected under 35 U.S.C. 103 as being unpatentable by AU2012101650 – Bowes et al. hereinafter as BOWES in view of US Patent 5752783 – Malone et al. hereinafter as MALONE
Regarding Claim 1:
BOWES discloses:
A grader for a roadway surface, comprising:
a material hopper including: ( material hopper – 1, SEE FIGURE 1)
a hopper inlet; and ( HOPPER INLET - 7, SEE FIGURE 1)
a hopper outlet, the hopper outlet configured to flow material from the hopper onto the roadway surface; ( HOPPER OUTLET as shown arrow, SEE FIGURE 7)
a grader blade disposed rearward of the hopper outlet relative to a travel direction of the grader along the roadway surface, the grader blade having a lowermost blade surface such that a blade height from the lowermost blade surface to the roadway surface ( Blade -8 and 9a and 9b, SEE FIGURE 7)is selectable changeable to provide a selected thickness and/or distribution of the material on the roadway surface. (wherein the box blade arrangement can be elevated and lowered via hydraulic actuators, SEE FIGURE 7 and para. 0026)
wherein the grader blade is configured to be raised and lowered relative to the hopper to adjust the blade height. ( fig. 7, para. 0026 shows that the grader blade can be raised and lowered relative to the hopper with the hydraulic cylinder to adjust blade height as shown, see also [064] )
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BOWES discloses of a trailer a grader that includes a hopper for performing asphalt activities for roadway surfaces, MALONE also discloses of a road working machine that is a grader that can either be a self-propelled machine or a towed machine, MALONE further discloses:
wherein the grader is configured to be one of pushed or self- propelled along the roadway.(Col 2 – line 61 – 67 wherein a grader can be a towed vehicle or self-propelled)
It would be obvious to one or ordinary skill in the art before the effective filling date of the applicants invention for BOWES of trailer that is a grader that includes a hopper for performing asphalt activities for roadway surfaces to be able to have the ability for a grader to be configured for self- propelled along the roadway as taught by MALONE. Doing so merely constitutes the substitution of one known propulsion for another to produce a unit with self-propelled system (MPEP 2143, subsection I, B).
Regarding Claim 2:
BOWES / MALONE discloses claim 1:
BOWES discloses
2. The grader of claim 1, wherein: the hopper outlet is disposed in a hopper platform disposed at a lower portion of the hopper;( wherein the hopper outlet is shown where there are mini angles, where material flows to deposit on the ground ) and the grader blade extends through a blade opening in the hopper platform. ( wherein the grader blade is 8 – figure 7)
Regarding Claim 3:
BOWES / MALONE discloses claim 2:
BOWES discloses
3. The grader of claim 2, wherein the hopper platform is disposed at a platform height from the hopper platform to the roadway surface, the platform height greater than the blade height. ( wherein the hopper platform is higher than the blade height as shown in figure 1 and 7. Figure 1 shows the inlet of the hopper, figure 7 shows the underside of the hopper and the blade – 8)
Regarding Claim 4:
BOWES / MALONE discloses claim 1:
BOWES discloses
4. The grader of claim 1, wherein the grader blade is operably connected to one or more actuators that, when activated, adjust the blade height. ( wherein the hydraulic actuators adjust the height of the blade, para. 0026)
Regarding Claim 5:
BOWES / MALONE discloses claim 1:
BOWES discloses
5. The grader of claim 1, wherein a hopper length in the travel direction tapers between the hopper inlet and the hopper outlet. ( wherein the length of the hopper between inlet and outlet tapers in travel direction, figure 1)
Regarding Claim 7:
BOWES / MALONE discloses claim 1:
BOWES discloses
7. The grader of claim 1, wherein the lowermost blade surface is one of planar or has a curvilinear profile along a blade width. ( figure 7 – blade 8 the width is a flat bar that goes across the outlet of the hopper)
Regarding Claim 10:
BOWES / MALONE discloses claim 1:
BOWES discloses
10. The grader of claim 1, wherein the material is one or more of sand, stone, dirt or other paving material. ( rock or soil , para. 0005)
Regarding Claim 11:
11. A method of distributing a material onto a roadway surface, comprising:
loading a volume of the material into a hopper ( material hopper – 1, SEE FIGURE 1) of a grader at a grader inlet; ( HOPPER INLET - 7, SEE FIGURE 1)
flowing the material out of the hopper via a hopper outlet; and
distributing the material on the roadway surface to a selected thickness and/or distribution by a grader blade( Blade -8 and 9a and 9b, SEE FIGURE 7) extending from the grader rearward of the grader outlet relative to a travel direction of the grader along the roadway, the grader blade having a lowermost blade surface such that a blade height from the lowermost blade surface to the roadway surface is selectable changeable to provide the selected thickness and/or distribution of the material on the roadway surface. (wherein the box blade arrangement can be elevated and lowered via hydraulic actuators, SEE FIGURE 7 and para. 0026)
wherein the grader blade is configured to be raised and lowered relative to the hopper to adjust the blade height. ( fig. 7, para. 0026 shows that the grader blade can be raised and lowered relative to the hopper with the hydraulic cylinder to adjust blade height as shown )
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BOWES discloses of a trailer a grader that includes a hopper for performing asphalt activities for roadway surfaces, MALONE also discloses of a road working machine that is a grader that can either be a self-propelled machine or a towed machine, MALONE further discloses:
wherein the grader is configured to be one of pushed or self- propelled along the roadway.(Col 2 – line 61 – 67) Referring to FIGS. 1 and 2, a road working apparatus, such as a paver 40, grader, or grinder, is a self-propelled )
It would be obvious to one or ordinary skill in the art before the effective filling date of the applicants invention for BOWES of trailer that is a grader that includes a hopper for performing asphalt activities for roadway surfaces to be able to have the ability for a grader to be configured for self- propelled along the roadway as taught by MALONE. Doing so merely constitutes the substitution of one known propulsion for another to produce a unit with self-propelled system (MPEP 2143, subsection I, B)
Regarding Claim 12:
BOWES / MALONE discloses claim 1:
BOWES discloses
12. The method of claim 11, further comprising selectably changing the blade height via one or more actuators operably connected to the grader blade. ( wherein the hydraulic actuators adjust the height of the blade, para. 0026)
Regarding Claim 13:
BOWES / MALONE discloses claim 12:
BOWES discloses
13. The method of claim 12, wherein the one or more actuators are one or more hydraulic actuators, one or more electromechanical actuators, or one or more electromagnetic actuators. (wherein the actuators are hydraulic actuators, SEE FIGURE 7 and para. 0026)
Claim(s) 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable by AU2012101650 – Bowes et al. hereinafter as BOWES in view of US Patent 5752783 – Malone et al. hereinafter as MALONE in view of US patent 3900073 – CRUM et al. hereinafter as CRUM
Regarding Claim 6:
BOWES / CRUM discloses claim 1:
BOWES does not discloses:
one or more indicator markings on the grader to indicate the blade height to an operator.
BOWES allows for adjustment of the blade but does not disclose the indicator, CRUM discloses:
one or more indicator markings on the grader to indicate the blade height to an operator. (Fig. 3 – sensor detection and output indicating operating height)
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the applicants invention for BOWES grader to utilize an indicator marking on the grader to indicate height as taught by CRUM. This would allow BOWES to give users better information regarding height and leveling purposes.
Regarding Claim 14:
BOWES / MALONE discloses claim 12:
BOWES does not discloses:
indicating the blade height via one or more indicator markings on the grader.
BOWES allows for adjustment of the blade but does not disclose the indicator, CRUM discloses:
one or more indicator markings on the grader to indicate the blade height to an operator. (Fig. 3 – auto leveling)
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the applicants invention for BOWES grader to utilize an indicator marking on the grader to indicate height as taught by CRUM. This would allow BOWES to give users better information regarding height and leveling purposes.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable by AU2012101650 – Bowes et al. hereinafter as BOWES in view of US Patent 5752783 – Malone et al. hereinafter as MALONE in view of US PG 20030000714 – Horner et al. hereinafter as HORNER
Regarding Claim 9:
BOWES / MALONE discloses claim 1:
BOWES does not disclose:
a movable baffle disposed at the hopper outlet configured to selectably meter the flow of material from the hopper outlet.
BOWES discloses of a hopper containing material but doesn’t explicitly disclose of a hopper with a movable baffle that can control the flow of material, HORNER discloses:
a movable baffle disposed at the hopper outlet configured to selectable meter the flow of material from the hopper outlet. ( para. 21 22 – wherein the transverse agitating rotor which it facilitate the discharge of the outlet )
It would be obvious to one of ordinary skill in the art before the effective filing date of the applicants invention for BOWES grader to utilize a movable baffle disposed at the hoper outlet to selectable meter the flow of material as taught by HORNER. This would allow BOWES to facilitate and better control the discharge of the outlet. (HORNER - para. 0022)
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable by AU2012101650 – Bowes et al. hereinafter as BOWES in view of US PG 20030000714 – Horner et al. hereinafter as HORNER
Regarding Claim 19:
BOWES discloses 15:
BOWES does not disclose:
further comprising a movable baffle disposed at the hopper outlet configured to selectably meter the flow of material from the hopper outlet.
BOWES discloses of a hopper containing material but doesn’t explicitly disclose of a hopper with a movable baffle that can control the flow of material, HORNER discloses:
a movable baffle disposed at the hopper outlet configured to selectable meter the flow of material from the hopper outlet. ( para. 21 22 – wherein the transverse agitating rotor which it facilitate the discharge of the outlet )
It would be obvious to one of ordinary skill in the art before the effective filing date of the applicants invention for BOWES grader to utilize a movable baffle disposed at the hoper outlet to selectable meter the flow of material as taught by HORNER. This would allow BOWES to facilitate the discharge of the outlet. (HORNER - para. 0022)
Conclusion
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671