CTNF 18/533,233 CTNF 89370 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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. Election/Restrictions Applicant elected Species I, a thermal cover being deployed or retracted via a reel, and asserted that the species is encompassed by claims 1-4, 6-11, 13-18 and 20. However, claim 11, requiring the screed to move relative to the thermal insulating cover, pertains to Figures 3-4 which is Species III. This is disclosed in Applicant’s Specification [0036] and what is clearly shown in Applicant’s Figures 3 and 4. Claim 11 does not apply to Species I, since for species I the thermal cover, being on a reel, moves relative to the screed (Applicant’s [0029]). 08-06 Accordingly, claims 5, 11-12, and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/5/2026. Claim Objections 07-29-01 AIA Claim 17 is objected to because of the following informalities: the second to last line includes “thermal g cover” which appears to contain a random extraneous “g” and should be deleted . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim s 16 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pontius et al., US 2023/0383482 A1 . Regarding claim 16, Pontius teaches a system for pre-heating a screed plate of a paving machine comprising: a screed assembly (Figure 1) including the screed plate (111); and a thermal cover (101; Figure 1) removably coupleable over a bottom working surface of the screed plate (connection element 102 for releasably connecting the insulating element to the screed ([0041]), wherein the thermal cover is movable between a first position where the thermal cover does not cover any portion of the bottom working surface of the screed plate (the connection element is disclosed to be a click connection or other releasable connection element [0041], so when the connection element is released, the thermal cover is released and is off of the bottom working surface of the screed plate) and a second position where the thermal cover covers at least a portion of the bottom working surface of the screed plate (shown in Figure 1). Regarding claim 18, since Pontius discloses that the thermal insulating cover can consist of rubber ([0017]), and is flat (as shown in Figure 1), it meets the metes and bounds of a flexible sheet or blanket . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-4, 6-10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pontius et al., US 2023/0383482 A1 in view of Oetken, US 9,556,569 B2 and Williams et al., US 6,334,735 B1 . Regarding claim 1, Pontius teaches a paving machine (road finishing machine 120; Figure 1) comprising: a frame (diagrammatically shown in Figure 1); a traction system (“traction vehicle”; [0034]) supporting the frame and configured to move the paving machine; a screed assembly including: a screed heater (“heating means 112”), a screed plate (111), a thermal insulating cover (insulating element 101; Figure 1) removable coupleable over a bottom working surface of the screed plate (connection element 102 for releasably connecting the insulating element to the screed ([0041]), wherein the thermal insulating cover is fixedly coupled to the paving machine and movably coupled to the screed assembly so as to be movable between a first position where the thermal insulating cover does not cover any portion of the bottom working surface of the screed plate (when the thermal insulating cover is released) and a second position where the thermal insulating covers an entire area of the bottom working surface of the screed plate (shown in Figure 1), and wherein in the second position where the thermal insulating cover covers the entire area of the bottom working surface of the screed plate, the paving machine is in a pre-paving state prior to entering a paving state to pave a road surface ([0036]). While Pontius discloses the paving machine having an operator but fails to explicitly disclose an operator interface in an operator station supported by the frame, Oetken teaches a screed system for a paving machine and discloses an operator interface (“control panel (not shown) for an operator to control various operations”; column 2 lines 60-63; Figure 1) in the operator station 114 which is shown in Figure 1 to be supported by a frame of the paving machine. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pontius’s paving machine to have an operator interface in an operator station supported by the frame in view of Oetken’s disclosure as discussed above so that the operator of Pontius’s paving machine can control working aspects of the paving machine. While the resulting combination fails to disclose a temperature sensor associated with the screed plate to sense a temperature of the screed plate, Williams teaches a controller for a heating system for a paving machine and discloses a temperature sensor connected to the screed configured to sense a temperature of a screed plate (Abstract), and a controller that is connected to the temperature sensor and receives temperature signals from the sensor to determine the temperature of the screed plate (column 2 lines 19-40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to include a temperature sensor associated with the screed plate to sense a temperature of the screed plate and include control circuitry configured to receive temperature signals from the temperature sensor and determine the temperatures of the screed plate in view of Williams’s disclosure as discussed above since Pontius discloses that the screed plate must be heated to a required operating temperature (Pontius’s [0036]) to know when the screed plate has reached the required operating temperature. Regarding claim 2, since Pontius discloses that the thermal insulating cover can consist of rubber ([0017]), and is flat (as shown in Figure 1), the resulting combination includes the thermal insulating cover being a flexible sheet or blanket. Regarding claim 3, while the resulting combination only discloses using a mechanical connection to release or attach the thermal insulating cover but fails to disclose using a reel, Oetken further discloses using a reel to extend or retract a blanket (spool coupled to an actuator to move in a clockwise or anti-clockwise direction to extend or retract the blanket; column 8 lines 17-31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to have the thermal insulating cover in the form of the flexible sheet or blanket (which was the resulting combination from claim 2) to extend or retract around a reel to be in the first position or second position in view of Oetken’s disclosure as discussed above as an alternate way to place the thermal insulating cover in the first position or the second position to minimize manual labor of the operator. Regarding claim 4, since Oetken further discloses that the reel/spool is operatively coupled to an actuator controlled by a controller to move the blanket to a first position or second position (column 6 line 63 through column 7 line 2; column 7 lines 58-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to have the control circuitry be configured to control the reel to extend the thermal insulating cover in the form of the flexible sheet or blanket to the second position and to retract the thermal insulating cover in the form of the flexible sheet or blanket to the first position in view of Oetken’s disclosure as discussed above to minimize manual labor. Regarding claim 6, Pontius discloses the thermal insulating cover covering the bottom working surface of the screed plate until the required operating temperature is reached ([0036]). Oetken further discloses an actuator controlled by a controller to automatically move the blanket to a first position or second position (column 6 line 63 through column 7 line 2; column 7 lines 58-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to have the control circuitry be configured to control movement of the thermal insulating cover from the second position to the first position in view of Oetken’s disclosure as an alternate way to move the thermal insulating cover from the second position to the first position responsive to determining that the temperature of the screed plate has reached a predetermined temperature (the required operating temperature disclosed by Pontius). Regarding claim 7, the Examiner takes Official Notice that it is old and well-known in the paving art that a screed must be heated to an appropriate temperature to prevent paving material from sticking to the screed plate. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to have the predetermined temperature threshold be set based on a temperature value to prevent paving material from sticking to the screed plate. Regarding claim 8, since Pontius discloses that the connection element for releasably coupling the thermal insulating cover can be a click connection or other mechanical means such as a pin, screw, bolt, or clamp ([0041]), it is obvious that these would be removable manually by the operator, so the thermal insulating cover is manually movable between the first position (off of the screed) and the second position (on the screed). Regarding claim 9, while Pontius discloses that the thermal insulating cover can comprise rubber ([0017]), but fails to explicitly disclose silicon rubber, the Examiner takes Official Notice that silicone rubber is a well-known and commonly available material. In view of Pontius further disclosing that any material can be used for the insulating material which has a coefficient of thermal conductivity preferably reduced with respect to the material of the screed ([0017]) and already suggests rubber, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to have the thermal insulating cover be made of silicon rubber as an alternative that is commonly available. Regarding claim 10, the resulting combination from claim 1 makes obvious the method claimed. Pontius discloses the thermal insulating cover covering the bottom working surface of the screed plate until the required operating temperature is reached, which is the pre-paving state, and only when the operating temperature is reached, the screed can be employed, which is the paving state ([0036]). Regarding claim 13, Oetken further discloses using a reel to automatically extend or retract a blanket (spool coupled to an actuator controlled by a controller to move in a clockwise or anti-clockwise direction to extend or retract the blanket; column 8 lines 17-31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to have the thermal insulating cover move to extend or retract around a reel to be in the first position or second position in view of Oetken’s disclosure as discussed above as an alternate way to place the thermal insulating cover in the first position or the second position to minimize manual labor. The resulting combination makes obvious that this would occur with the paver in the pre-paving state, since when in the paving state, the screed plate has already reached the required operating temperature and the thermal insulating cover would already be off of the screed. Regarding claim 14, the resulting combination from claim 13, includes the limitations since the reel would be coupled to an actuator controlled by a controller which is obviously electronically based on Oetken’s disclosure of receiving signals. Regarding claim 15, the resulting combination from claim 10 includes the limitations since Pontius discloses the thermal insulating cover covering the bottom working surface of the screed plate until the required operating temperature is reached (which would be the predetermined temperature threshold) and would clearly be determined by the temperature sensor, and separating the thermal insulating cover and the bottom working surface of the screed plate so the thermal insulating cover is in the first position since thermal insulating cover would need to be off the screed plate when the screed is at the required operating temperature and is ready for paving . 07-21-aia AIA Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Pontius as applied above to claim 16, in view of Williams et al., US 6,334,735 B1 and Oetken, US 9,556,569 B2 . Regarding claim 17, Pontius further discloses a heater (heating means 112) to heat the screed plate (111). While Pontius fails to disclose a temperature sensor to sense a temperature of the screed plate and a controller to receive temperature signals from the temperature sensor, Williams teaches a controller for a heating system for a paving machine and discloses a temperature sensor connected to the screed configured to sense a temperature of a screed plate (Abstract), and a controller that is connected to the temperature sensor and receives temperature signals from the sensor to determine the temperature of the screed plate (column 2 lines 19-40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to include a temperature sensor associated with the screed plate to sense a temperature of the screed plate and include control circuitry configured to receive temperature signals from the temperature sensor and determine the temperatures of the screed plate in view of Williams’s disclosure as discussed above since Pontius discloses that the screed plate must be heated to a required operating temperature (Pontius’s [0036]) to know when the screed plate has reached the required operating temperature. While the resulting combination fails to disclose the controller outputting control signals to separate the thermal cover and the bottom working surface of the screed plate so the thermal cover is in the first position, Pontius discloses the thermal cover covering the bottom working surface of the screed plate until the required operating temperature is reached ([0036]). Oetken teaches a screed for a paving machine and discloses an actuator controlled by a controller to automatically move a blanket to a first position or second position (column 6 line 63 through column 7 line 2; column 7 lines 58-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the resulting combination to have the control circuitry be configured to automatically control movement of the thermal cover from the second position to the first position in view of Oetken’s disclosure as an alternate way to move the thermal cover of the resulting combination from the second position to the first position responsive to determining that the temperature of the screed plate has reached a predetermined temperature (the required operating temperature disclosed by Pontius) . 07-21-aia AIA Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pontius as applied above to claim 16, in view of Oetken, US 9,556,569 B2 . Regarding claim 20, while the Pontius fails to disclose that in the first position the thermal cover is movably coupled to the paving machine, Oetken teaches a screed for a paving machine and discloses a blanket on a spool connected to an actuator controlled by a controller to automatically move the blanket to a first position or second position (column 6 line 63 through column 7 line 2; column 7 lines 58-67), the blanket on the spool being attached to the paving machine. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pontius’s thermal cover to be automatically movable from the second position to the first position in view of Oetken’s disclosure as an alternate way to move the thermal cover between the first and second positions. The resulting combination yields the thermal cover in the first position being movably coupled to the paving machine . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited sheet. Carlson, US 9,811,952 B2 is cited for teaching a paver with a heated screed controlled by a controller . Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J CHU whose telephone number is 571-272-7819. The examiner can normally be reached M-F generally 9:30-5:30. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KATHERINE J CHU/Examiner, Art Unit 3671 /CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671 Application/Control Number: 18/533,233 Page 2 Art Unit: 3671 Application/Control Number: 18/533,233 Page 3 Art Unit: 3671 Application/Control Number: 18/533,233 Page 4 Art Unit: 3671 Application/Control Number: 18/533,233 Page 5 Art Unit: 3671 Application/Control Number: 18/533,233 Page 6 Art Unit: 3671 Application/Control Number: 18/533,233 Page 7 Art Unit: 3671 Application/Control Number: 18/533,233 Page 8 Art Unit: 3671 Application/Control Number: 18/533,233 Page 9 Art Unit: 3671 Application/Control Number: 18/533,233 Page 10 Art Unit: 3671 Application/Control Number: 18/533,233 Page 11 Art Unit: 3671 Application/Control Number: 18/533,233 Page 12 Art Unit: 3671
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