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.
Drawings
The objection to the drawings under 37 CFR 1.83(a) cited in the last Office Action; has been withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lowe US 2009/0041541 in view of Wilkins et al. US 2018/0371704. Lowe discloses a method for securing a raised pavement marker (14) to a groove (16) in a pavement (12) by:
Forming two-stage groove (10/16).
Applying a suitable adhesive, or epoxy (30) to the groove (16) and,
Placing the marker (14) into the suitable adhesive, as show in Fig 4, such that the suitable adhesive can flow around/above the anchor means (42), See fig. 1; [0025-27].
What Lowe does not disclose is the use of a polyamide resin. However, Wilkins et al. teach a method of applying a molten (340-450F) thermoplastic composition comprising polyamide resin, a rosin-modified ester, a modified gum rosin, a pigment, a wax, a plasticizer, inorganic filler, light stabilizer, antioxidant and EVA [0007]; the method comprising:
Heating and mixing the thermoplastic mixture to a molten state. [0010]
Spraying or extruding the molten thermoplastic material onto a roadway in the vicinity of
longitudinal joint of roads, runways, sidewalks floors etc. [0031, 63-66, 0129].
Embedding a road marking material, such as paint or aggregate into the hot applied
thermoplastic composition. [0130].
Wherein cure times of the cooling thermoplastic can be controlled to be tack free in 1-5 minutes. [0029]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to bond the marker of Lowe with a thermoplastic polyamide resin as taught by Wilkins et al. in order to minimize disruption to traffic.
With respect to claims 7-11, 19, 20 Lowe discloses a method for securing a raised pavement marker (14) to a groove (16) in a pavement (12) by:
Forming two-stage groove (10/16).
Applying a suitable adhesive, or epoxy (30) to the groove (16) and,
Placing the marker (14) into the suitable adhesive, as shown in Fig 4, such that the
suitable adhesive can flow around and above the anchor means (42), Fig. 1; [0025-27].
What Lowe does not disclose is the use of a polyamide resin. However, Wilkins et al. teach a method of applying a molten (340-450F) thermoplastic composition comprising polyamide resin, a rosin-modified ester, a modified gum rosin, a pigment, a wax, a plasticizer, inorganic filler, light stabilizer, antioxidant and EVA.
See [0007, 0035]; the method comprising:
Heating and mixing the thermoplastic mixture to a molten state. [0010]
Extruding the molten thermoplastic material in widths greater than that of a road
marking, such as 6-12” onto a roadway in the vicinity of longitudinal joint of
roads, runways, sidewalks floors etc. [0031, 63-66, 0129].
Embedding a road marking material, such as paint or aggregate into the hot applied
thermoplastic composition. [0130].
Wherein cure times of the cooling thermoplastic can be controlled to be tack free in 1-5 minutes. [0029]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to extrude a hot thermoplastic polyamide resin taught by Wilkins et al. in multiple layers and multiple widths of the groove cut by Lowe in order to prevent cracking or spalling of the two-stage groove once the roadway has been returned to service.
With respect to claims 12-17 Wilkins et al. teaches the exact thermoplastic compositions claimed. [0035-49].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Response to Amendment
Applicant's amendment to claims 2, 7, 10 has necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
6. 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.
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, Chris Sebesta can be reached on 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you need help from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 9/13/2026
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