DETAILED ACTION
Specification
The abstract of the disclosure is objected to because it contains legal phraseology (“means”) and the last sentence refers to the purported merits of the invention. 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 § 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.
Claims 1, 2, 4-6, 11 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heindtel (U.S. Patent Application Publication 2004/0144765).
Heindtel discloses insulating means (Figure 3, for example) to be used with a screed (101). The insulating means includes an insulating element (8) and a connection element (3, for example). The wherein clause recites the purpose of insulation; i.e., to reduce emission of heat.
Regarding claim 2, see Figure 3.
Regarding claim 4, there is an active heating element (L, for example).
The insulation is arranged as recited in claim 5 (Figure 3).
Regarding claim 6, the heating element is electric. Because power must be supplied to thereto in order for the element to function, the accumulator is deemed to be inherent.
Regarding claim 11, there are at least two insulating elements (Figure 3).
Regarding claim 14, the insulating is arranged on a portion of the screed (Figure 2, for example).
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 3, 6-10, 12, 13, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Heindtel (U.S. Patent Application Publication 2004/0144765), as applied above.
Regarding claim 3, Heindtel leaves the material to one skilled in the art. The examiner takes Official notice that the claimed materials are well known insulators. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used any known insulating material capable of insulating as desired.
Claim 6 is deemed to be met. Further, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used an accumulator in order to properly use the device for its intended use.
Regarding claims 7-9, Heindtel is silent regarding the amount of heat emissions that are reduced. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have reduced heat emission by any amount deemed best suited to a particular application and/or environment.
Regarding claims 10 and 15, Heindtel is silent regarding a security system; however, the examiner takes Official notice that security systems which prevent device activation are well known. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have included such a system in order to, for example, increase machine safety.
Regarding claims 12 and 13, Heindtel is silent regarding weight. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used any weight deemed best suited to performing the function, given the material and screed size.
Regarding claim 16, it is unclear if Heindtel covers at least half of the screed surface. The examiner takes Official notice that it is known to cover more than half of a screed with insulation in order to insulate a heating element which extends across at least half of a screed. For this reason, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Heindtel as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references teach screed having insulation.
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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