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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, claims 1-10, in the reply filed on 5/6/26 is acknowledged.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pino (US 20180156357 A1).
Regarding claim 1, Pino teaches a method of building a surface comprising an embedded tubular body, the method comprising:
applying a first layer of a first material (Fig 4, material 212, see further details in dependent claims) to a first surface (Fig 4, applied to surface/ground removed from 12); and
applying a tubular body at one of: a top surface of the first layer (note the other alternative is taught), within the first layer (Fig 4, conduit 140 applied within the first layer/material, Abstract, conduit is buried), and a top surface of the first surface (note the other alternative is taught).
Regarding claim 2, Pino teaches wherein the first material comprises gravel (Para 0053, material 212 may include, “conventional gravel aggregate”) and the first surface comprises earth (Para 0044, first surface includes ground including soil/earth).
Regarding claim 3, Pino teaches wherein the first material comprises asphalt (Para 0055, material 212 includes asphalt mixtures) and the first surface comprises a gravel layer or an asphalt layer (Para 0044, first surface includes ground including asphalt).
Regarding claim 4, Pino teaches wherein the first material comprises concrete (Para 0055, material 212 includes concrete mixtures) and the first surface comprises a gravel layer (Para 0044, first surface includes ground including materials construable as gravel).
Regarding claim 5, Pino teaches wherein applying a tubular body at a top surface of one of the first layer and the first surface comprises: applying the tubular body onto the top surface of the first surface using an apparatus that moves along the top surface of the first surface while the tubular body is being applied along the top surface of the first surface, the tubular body possessing a. bottom face and a top face, the bottom face contacting the top surface of the first surface and the top face being above the top surface of the first surface (please note under the broadest reasonably interpretation of this claim, the examiner understands that this claim further limiting the alternatives of a tubular body at a top surface of one of the first layer and the first surface. In this case, in the parent claim, the alternative of placement “within the first layer” which need not occur with the steps recited in this claim).
Regarding claim 6, Pino teaches wherein applying a tubular body at a top surface of one of the first layer and the first surface comprises: applying the tubular body onto the top surface of the first layer using an apparatus that moves along the top surface of the first layer while the tubular body is being applied along the top surface of the first layer, the tubular body possessing a bottom face and a top face, the bottom face contacting the top surface of the first layer and the top face being above the top surface of the first layer (please note under the broadest reasonably interpretation of this claim, the examiner understands that this claim further limiting the alternatives of a tubular body at a top surface of one of the first layer and the first surface. In this case, in the parent claim, the alternative of placement “within the first layer” which need not occur with the steps recited in this claim).
Regarding claim 7, Pino teaches further comprising: in response applying the tubular body onto the top surface of the first layer, compacting the first layer (please note under the broadest reasonably interpretation of this claim, the examiner understands that this claim further limiting the alternatives of a tubular body at a top surface of one of the first layer and the first surface. In this case, in the parent claim, the alternative of placement “within the first layer” which need not occur with the steps recited in this claim).
Regarding claim 8, Pino teaches further comprising using the apparatus to compact the first layer (please note under the broadest reasonably interpretation of this claim, the examiner understands that this claim further limiting the alternatives of a tubular body at a top surface of one of the first layer and the first surface. In this case, in the parent claim, the alternative of placement “within the first layer” which need not occur with the steps recited in this claim).
Regarding claim 9, Pino teaches wherein applying a tubular body at a top surface of one of the first layer and the first surface comprises unspooling a tubular body spool (please note under the broadest reasonably interpretation of this claim, the examiner understands that this claim further limiting the alternatives of a tubular body at a top surface of one of the first layer and the first surface. In this case, in the parent claim, the alternative of placement “within the first layer” which need not occur with the steps recited in this claim). .
Regarding claim 10, Pino teaches further comprising: removing a second surface to reveal the first surface underneath (Fig 4, Para 0002, trench is cut/dig to reveal the first surface by cutting ground/spoil 12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Allouche (US 20140270971 A1) teaches creating a channel in the ground surface, placing one or more lines in the channel, and placing a capping material in the channel, thereby encapsulating the lines.
Gorman (US 20190271121 A1) teaches a distributed premixed SAMI material may include a mixture and/or combination of binding material and pre-cut fiber material. The machine may also include a channel positioned adjacent and downstream of the premixed SAMI material distribution component.
Finzel (US 6866448 B2) teaches an optical cable, in the form of a microcable or minicable (1), in solid ground (17) with the aid of a laying unit (23). The microcable or minicable (1) used for this purpose comprises a tube.
Finzel (WO 2004027953 A1) teaches an arrangement (8), in one application form, is applied on the surface of the base layer (1) with alternating laying direction along the longitudinal direction of laying and then the cover layer (11) is applied such that the arrangement is embedded in the cover layer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
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, TARA SCHIMPF can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE N YAO/Primary Examiner, Art Unit 3676
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