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 . 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating
obviousness or nonobviousness.
Claim(s) 1-5, 9, 13, 14, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brock US 5,899,630. Brock discloses a paver work machine (10)
comprising:
A hopper see Fig. 1; a screed (12) and a heat exchange system (14) comprising a thermal energy circuit (16-36) configured to heat the screed.
The heat exchange system (16-34) comprising:
1st and 2nd heat exchangers (24, 26), a feed line (28), a return line (30), a pump (32), a heater (34), a heat transfer medium such as oil and suitable reservoir and a feedback control system including a temperature sensor configured to detect the temperature of the screed plate (21) or the heat transfer medium in the feed line (28).
What Brock does not do is identify each part of the heat exchange system with the nomenclature claimed. However, Fig. 1 clearly illustrates each component of the heat exchange system and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recognize the heat exchange system claimed and the heat exchange system disclosed by Brock are art recognized equivalents. Col. 2, ln. 61-Col. 4, ln. 58.
With respect to claims 2, 3, 5 Brock illustrates the heat transfer medium circulates in one direction and discloses the system could be open or closed looped.
With respect to claims 4, 9 Brock discloses the pump (32) and heating medium to heat the top of the screed plate (12). Col. 3, ln. 32-55.
With respect to claims 13, 16-18 discloses a method of operating a heat exchange system comprising a heat pump (32) configured to heat a screed plate during paving operations. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the screed heating method of Brock includes the steps claimed. Col. 4, ln. 41-58.
Claim(s) 6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brock US 5,899,630 in view of Stallgies et al. US 2015/0337505. Brock discloses a paver work machine (10) comprising:
A hopper, see Fig. 1; a screed (12) and a heat exchange system (14) comprising a thermal energy circuit (16-36) configured to heat the screed.
The heat exchange system (16-34) comprising:
1st and 2nd heat exchangers (24, 26), a feed line (28), a return line (30), a pump (32), a heater (34), a heat transfer medium such as oil and suitable reservoir and a feedback control system including a temperature sensor configured to detect the temperature of the screed plate (21) or the heat transfer medium in the feed line (28). Wherein heat is transferred between the condenser and the screed within a defined ambient temperature range. What Brock does not do is disclose an electric pump (32). However, Stallgies et al. teaches it is known to provide paving machine (1) with electro-hydraulic systems, including fluid reservoirs and a hydraulic pump which is driven electrically by an electric motor and to which an actuator is connected to a hydraulic circuit. [0009]. A control device (17) including an operator input for activating the pump,
electric motor of the pump to energize the hydraulic circuit. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the paving machine of Brock with the electric pump and control unit taught by Stallgies et al. in order to improve pump performance, monitoring and adjusting.
Claim(s) 10, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brock US 5,899,630 in view of Utterodt et al. US 2011/0318102. Brock discloses a paver work machine (10) comprising:
A hopper, see Fig. 1; a screed (12) and a heat exchange system (14) comprising a thermal energy circuit (16-36) configured to heat the screed.
The heat exchange system (16-34) comprising:
1st and 2nd heat exchangers (24, 26), a feed line (28), a return line (30), a pump (32), a heater (34), a heat transfer medium such as oil and suitable reservoir and a feedback control system including a temperature sensor configured to detect the temperature of the screed plate (21) or the heat transfer medium in the feed line (28). Wherein heat is transferred between the condenser and the screed within a defined ambient temperature range. What Brock does not do is heat the hopper. However, Utterodt et al. teach it is known to heat paving machine hoppers (124) having longitudinal conveyors (24). Wherein a heating element (not shown) is disposed within the hopper (22) adjacent the longitudinal conveyor. Temperature sensors (146) are positioned on opposite sides of the hopper, at different heights, in order to monitor the asphalt
temperature in the hopper. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the paving machine of Brock with a heated hopper and control unit taught by Utterodt et al. in order to prevent clumping of the asphalt in the hopper.
Allowable Subject Matter
Claims 7, 11, 12, 15, 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 3/2/2026
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