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 .
This is the initial Office action based on application number 18/171722 filed February 21, 2023. Claims 1-12 are currently pending and have been considered below.
Claim Objections
Claims 1 and 7 are objected to because of the following informalities: Claims 1 and 7 recite that the base member is configured “to be movably” which is seemingly a typographical error that should read as “movable”. Appropriate correction is required.
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.
Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tan (US 5,578,327).
Regarding claim 1: Tan discloses a plastering machine which is designed to apply and smooth plaster or concrete such that it is a screeding apparatus, the machine having a base frame (2) provided with a number of wheels (4, 6, 10), which are movable independently from each other and can be considered leg members, the base (2) provided with motors (32) and control levers (62) and other control mechanisms forming a control assembly, an arm member formed by a turn buckle rod assembly (56) coupled to the base frame (2), the turn buckle rod assembly having multiple adjustable segments, where the turn buckle rod assembly (56) supports an upright mast assembly (16) which is a support mast having an outer frame (18), an upper and lower end, and supporting a container assembly (38) which includes a smoothening device (42) which is a screed member that is movably coupled to the mast assembly (16) such that it can move between the two ends of the upright mast assembly (16) (col. 2 lines 1+, col. 3 lines 1-8, 14-64, figures 1-3).
Regarding claim 2: Tan discloses that the mast assembly (16) includes a hydraulic piston (22) which is a drive unit that is coupled to an inner frame (20) which is a rod member secured within the outer frame (18), the hydraulic piston (22) being coupled to the container assembly (38) via a traveling frame (24) (col. 4 lines 17-34, figures 1-3).
Regarding claim 3: Tan discloses that the apparatus is movable in multiple directions by way of the wheels (4, 6, 10) which can be read to comprise “left” and “right”, and the container assembly (38) travels upwards and downwards by way of the mast assembly (16) (col. 2 lines 1-38, col. 4 lines 17-34, figures 1-3).
Regarding claims 4-5: Tan discloses that the mast assembly (16) can be moved by way of the arms of the turn buckle rod assembly (56) between a number of positions, which can be considered either vertical or horizontal in orientation (col. 3 lines 14-27, figures 1-3).
Regarding claim 7: Tan discloses a plastering machine which is designed to apply and smooth plaster or concrete such that it is a screeding apparatus, the machine having a base frame (2) provided with at least four wheels (4, 6, 10), which are movable independently from each other and can be considered leg members having track members that traverse the base (2) to a desired location, the base (2) provided with motors (32) and control levers (62) and other control mechanisms forming a control assembly, an arm member formed by a turn buckle rod assembly (56) coupled to the base frame (2), the turn buckle rod assembly having multiple adjustable segments, where the distal segment of the turn buckle rod assembly (56) supports a rectangular upright mast assembly (16) which is a support mast having an outer frame (18), an upper and lower end with rod attached to a hydraulic piston (22) spanning the two ends, and supporting a container assembly (38) which includes a smoothening device (42) which is a screed member that is movably coupled to the mast assembly (16) such that it can move between the two ends of the upright mast assembly (16) and where the mast assembly (16) can be moved by way of the arms of the turn buckle rod assembly (56) between a number of positions (col. 2 lines 1+, col. 3 lines 1-8, 14-64, figures 1-3, 6).
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.
Claims 6 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tan as applied to claims 1-5 and 7 above, and further in view of Pietila et al. (US 2018/0080184).
Regarding claims 6 and 8: Tan discloses the above plastering machine with hydraulic controls provided on the base (2) but fails to explicitly disclose a remote controller operable coupled to the control assembly having electronics configured to provide control of the machine. However, Pietila et al. discloses a similar concrete screeding system which can either be controlled by remote or by on-board controls, indicating that a remote controller having the requisite electronics (such as joysticks) is functionally equivalent to on-board controls (pars. 10, 101, figures 53 and 60). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use such a remote control device as taught by Pietila et al. for the machine of Tan because Pietila et al. teaches that doing so is functionally equivalent to on-board controls (par. 10) and simple substitution of functional equivalents is not considered to be a patentable advance (MPEP 2143, 2144.06).
Regarding claim 9: Tan discloses that the mast assembly (16) can be moved by way of the arms of the turn buckle rod assembly (56) between a number of positions, which can be considered either vertical or horizontal in orientation (col. 3 lines 14-27, figures 1-3).
Regarding claim 10: Tan discloses that the mast assembly (16) includes a hydraulic piston (22) which is a drive unit that is coupled to an inner frame (20) which is a rod member secured within the outer frame (18), the hydraulic piston (22) being coupled to the container assembly (38) via a traveling frame (24) (col. 4 lines 17-34, figures 1-3).
Regarding claim 11: Tan discloses that the apparatus is movable in multiple directions by way of the wheels (4, 6, 10) which can be read to comprise “left” and “right”, and the container assembly (38) travels upwards and downwards by way of the mast assembly (16) (col. 2 lines 1-38, col. 4 lines 17-34, figures 1-3).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tan and Pietila et al. as applied to claims 1-11 above, and further in view of Zheng (CN 108868083, attached translation used for citation purposes).
Regarding claim 12: Tan and Pietila et al. disclose the above device but fail to explicitly disclose spray nozzles at longitudinal edges of the screed member coupled to a water source for spraying water. However, Zheng discloses a similar plastering machine having a spray nozzle (304) at the longitudinal end of the smoothing head (301) and attached to a water pump (305) which includes a source of water, meant to spray water while performing the screeding process (page 4, figures 2 and 4). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use a water spray nozzle at the ends of the smoothing head of Tan as taught by Zheng because Zheng teaches that this helps reduce dust and particle leakage when smoothing the surface (page 4). While Zheng does not explicitly disclose multiple spray nozzles, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use more than one because simple duplication of parts is not considered to be a patentable advance (MPEP 2144.04).
Conclusion
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/S.A.K/
Stephen KittExaminer, Art Unit 1717
10/17/2025
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717