DETAILED ACTION
This is a final Office action addressing the response dated 17 August 2026.
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 .
Status of the Claims
The following is a status of the claims at present:
Claims 1-23, 26-28, 30, 31 and 55 are pending and examined. Of those,
Claims 1, 14, 21-23, 26, 27, 30 and 55 are amended
Claims 2-13, 15-20, 28 and 31 are unamended
Claims 24, 25, 29, 32-54 and 56-59 are cancelled
Response to Arguments
The following addresses applicant’s remarks/arguments dated 17 August 2026. Applicant’s courtesies are appreciated.
Drawings (response: page 9) –
Applicant’s replacement drawings overcome the objection previously raised and it is withdrawn.
Claim rejections under 35 USC 112(a) (response: page 9) –
Applicant’s amend to claim 23 and cancellation of claims 24 and 25 overcome the rejection previously raised and the rejection is withdrawn.
Claim rejections – 35 USC 112(b) (response: page 9) –
Applicant’s amendments to the claims overcome the rejections previously raised under this heading and the rejections are withdrawn.
Claim rejection – 35 USC 102 (response: page 10) –
Applicant’s amendments overcome the rejection under this heading and it is withdrawn, however a new rejection remains with respect to Claim 55 as provided below.
Claim rejection – 35 USC 103 (response: page 10) –
Applicant’s amendments overcome the rejections under this heading and the rejection is withdrawn.
Drawings
The replacement sheets dated 17 August 2026 are entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-23, 26-28, 30, 31 and 55 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 26, 30 and 55 are the independent claims with claims 2-22, 27, 28 and 31 depending from respective independent claims. Each of the independent claims has amended language “where the composite forms at least an upper vehicle engagement surface” (emphasis added) or equivalent. The language “at least” is a range with a lower limit (i.e., “at least the upper vehicle engagement surface”) but has no upper limit, meaning it could form more than what the originally filed disclosure permits. As a result, this is considered new matter. Claims 2-22, 27, 28 and 31 are rejected as depending from respective independent claims, either directly or indirectly.
Regarding Claim 23, the newly amended language incorporates a density of “less than 0.07 lb/in^3. Review of the specification seems to provide a lower density of 0.04 lb/in^3 (page 9, line 5). As a result, “less than 0.07 lb/in^3 incorporates densities lower than 0.04 lb/in^3. The examiner will withdraw the rejection if applicant can provide evidence of possession at the time of filing of the amended language at issue.
Claim Rejections - 35 USC § 102
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.
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) 55 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mettler et al. (U.S. Patent 7,736,087 B1), hereafter “Mettler”.
Below is a reproduction of the claim with the examiner‘s comments in bold italics.
Claim 55: Mettler discloses A portable rumble strip for placement on a roadway in a roadway warning system, the rumble strip comprising filler material (8’) within a body of the rumble strip, the filler material being of a type and in an amount that increases the density of a rumble strip (it is metal plate or bar) such that its mass can exert a pressure on the roadway to withstand impact from a vehicle, such as a passenger vehicle or heavy truck, without movement of the rumble strip relative to the roadway (as per its function; see Col. 3, lines 28-35); wherein the body of the rumble strip includes a flexible material matrix (claim 1 states it is a flexible polymeric material), and the filler is dispersed and embedded within the flexible material matrix (as shown in Fig. 9); and wherein the composite forms at least an upper vehicle engagement surface of the body (as shown in Fig. 6).
Allowable Subject Matter
The examiner reserves comment on the allowability of Claims 1-23, 26-28, 30, 31 and 55 pending resolution of the rejections above. The examiner has no further art to cite against the claims are provided, and the reasons for allowance includes the language directed to the totality of the invention with the newly amended language in each of the respective independent claims. Applicant is encouraged to contact the examiner to discuss a possible amendment after final to bring the present application to closure.
Conclusion
Applicant's amendment 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM V GILBERT whose telephone number is (571)272-9055. The examiner can normally be reached M-F 0800-0430 Eastern.
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, Eileen Lillis can be reached at 571.272.6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM V GILBERT/Primary Examiner, Art Unit 3993
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