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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1, 2, 4, 6, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Pino et al. (US 2018/0106015; hereinafter Pino '015) in view of Lawson (US 2019/0161937) and Kao et al. (US 2011/0293954).
Regarding claims 1 and 10, Pino '015 discloses a method for applying a tubular body comprising a fiber optic cable (fiber optic cable 502) onto a paved surface (asphalt), the method comprising: preparing a segment of the paved surface (digging a microtrench 11) to receive the tubular body (502), wherein preparing the segment generates debris (spoil 12); combining the debris (12) with an uncured protectant (concrete mixture) to form a mixture; applying the tubular body onto the prepared segment; and applying the mixture onto the tubular body while the tubular body is on the prepared segment of the paved surface (Figs. 3 and 4; paragraphs 0056, 0059, 0065, 0066, 0069, and 0076). Pino '015 fails to disclose filtering the debris to prevent debris larger than a specified size from being incorporated into a mixture; and combining a catalyst with the debris and uncured protectant. Lawson teaches filtering the debris (lift dirt, soil, and backfill material) to prevent debris larger than a specified size from being incorporated into a padding material (paragraph 0018). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the step of filtering debris as taught by Lawson to remove sharp rocks and large debris that can puncture, scratch, or crack a tubular body from the material to be applied to the tubular body. Lawson fails to teach combining a catalyst with the debris and uncured protectant. Kao teaches combining a catalyst with a concrete mixture (paragraphs 0020 and 0037) to increase the strength and durability of the concrete. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the combining step as disclosed by Pino '015 to include a catalyst as taught by Kao increase the strength and durability of the concrete mixture.
Regarding claim 2, Pino '015further discloses collecting the debris (12) before the combining of the debris with the uncured protectant (concrete mixture) (Figs. 3 and 4; paragraphs 0056, 0066, 0067, and 0069).
Regarding claim 4, Pino '015 further discloses the preparing of the segment of the paved surface comprises cutting a channel (microtrench 11) in the paved surface (asphalt) (Figs. 3 and 4; paragraphs 0056, 0060, and 0066).
Regarding claim 6, Pino '015 further discloses the collecting of the debris (12) comprises vacuuming (using vacuum device 110) the debris (12) (Fig. 4; paragraph 0056).
Regarding claim 11, Pino '015 further discloses a color (coloring agent is used to match the roadway color) of the mixture is closer to a color of the paved surface than a color of the uncured protectant (concrete mixture) is to the color of the paved surface (paragraphs 0069 and 0071).
Claims 3, 5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Pino '015 in view of Lawson and Kao et al. as applied to claim 1 above, and further in view of Turner (US 10,866,380; hereinafter Turner '380).
Regarding claim 3, Pino '015 in view of Lawson and Kao discloses all of the claim limitation(s) except the preparing of the segment of the paved surface comprises smoothing a portion of the paved surface. Turner '380 teaches the preparing of the segment of the paved surface (surface 100 comprises asphalt) comprises smoothing (using smoothing apparatus 124) a portion of the paved surface (Fig. 1; col. 3, lines 8 - 23; col. 4, lines 27 - 36; col. 6, line 1) to allow the tubular body to be installed with greater precision and to provide a stronger adhering bond between the filler and the surface. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the step of smoothing a portion of the paved surface as taught by Turner '380 to allow the tubular body to be installed with greater precision and to provide a stronger adhering bond between the mixture and the surface.
Regarding claim 5, Pino '015 in view of Lawson and Kao discloses all of the claim limitation(s) except curing the mixture into a cured protectant while the uncured protectant is on the tubular body on the prepared segment of the paved surface, the cured protectant protectively encasing and adhering the tubular body to the prepared segment of the paved surface. Turner '380 teaches curing the mixture into a cured protectant while the uncured protectant is on the tubular body (102) on the prepared segment of the paved surface (100), the cured protectant protectively encasing and adhering the tubular body to the prepared segment of the paved surface (Fig. 1; col. 3, lines 8 - 38; col. 4, lines 27 - 42; col. 11, lines 28 - 52) to provide a strong adhering bond between the filler and the surface. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the steps of applying the uncured protectant on the tubular body and then curing the protectant as taught by Turner '380 to provide a strong adhering bond between the mixture and the surface.
Regarding claim 8, Pino '015 in view of Lawson and Kao discloses all of the claim limitation(s) except shaping the mixture after the applying of the mixture onto the tubular body on the prepared segment. Turner '380 teaches shaping the mixture (using protectant shaping template 110) after the applying of the mixture onto the tubular body on the prepared segment (Fig. 1; col. 6, lines 35 - 57) to shape the unshaped protectant into a shaped protectant having a predetermined shape. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the step of shaping the mixture as taught by Turner '380 to shape the unshaped protectant into a shaped protectant having a predetermined shape.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Pino '015 in view of Lawson and Kao et al. as applied to claim 1 above, and further in view of Turner (US 10,268,016; hereinafter Turner '016). Pino '015 in view of Lawson and Kao discloses all of the claim limitation(s) except blowing the prepared segment prior to applying the tubular body to the prepared segment. Turner '016 teaches blowing (using blower 124) and/or vacuuming the prepared segment (surface 100) prior to applying the tubular body to the prepared segment (col. 6, lines 64 - 67; col. 8, lines 46 - 49) to remove debris from the surface prior to the installation of the tubular body. The substitution of one known element (blower as taught by Turner '016) for another (vacuum device 110 as disclosed by Pino '015) would have yielded predictable results to one of ordinary skill in the art prior to the effective filing date of the invention. KSR International Co. V. Teleflex Inc., 550 U.S. 82 USPQ2d 1385(2007).
Claims 12, 14 - 16, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Pino ’15 in view of Kao et al. and AL-Hashmy et al. (US 2022/0316166).
Regarding claim 12, Pino '015 discloses a method for applying a tubular body (140/502) onto a paved surface (asphalt), the method comprising: preparing a segment of the paved surface (asphalt) to receive the tubular body (140/502), wherein preparing the segment (digging a microtrench 11) generates debris (12); applying the tubular body (140/502) onto the prepared segment of the paved surface in response to preparing the segment of the paved surface; applying uncured protectant (concrete mixture) onto the tubular body; and curing the uncured protectant into a cured protectant while the uncured protectant is on the tubular body on the prepared segment of the paved surface, the cured protectant protectively encasing and adhering the tubular body to the prepared segment of the paved surface (Figs. 3 and 4; paragraphs 0056, 0059, 0065, 0066, 0069, and 0076). Pino '015 fails to explicitly teach applying the debris onto the uncured protectant; mixing a catalyst with the uncured protectant; and the uncured protectant comprises methyl methacrylate (MMA). Pino '015 teaches mixing debris and an uncured protectant (concrete mixture) (paragraph 0069) and it would have been considered obvious to have applied the debris onto the uncured concrete mixture as opposed to applying the uncured concrete mixture onto the debris as a design consideration within the skill of the art. Kao teaches combining a catalyst with a concrete mixture (paragraphs 0020 and 0037) to increase the strength and durability of the concrete. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the combining step as disclosed by Pino '015 to include a catalyst as taught by Kao increase the strength and durability of the concrete mixture. Kao fails to teach the uncured protectant comprises methyl methacrylate (MMA). AL-Hashmy teaches introducing methyl methacrylate (MMA) into an uncured concrete (paragraph 0040) to enhance the performance of the concrete and properties to prevent microcracks that can occur under stress. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the uncured protectant comprising concrete as disclosed above to include methyl methacrylate as taught by AL-Hashmy to enhance the performance of the concrete and properties to prevent microcracks that can occur under stress.
Regarding claim 14, Pino '015 further discloses the preparing of the segment of the paved surface comprises cutting a channel (microtrench 11) in the paved surface (asphalt) (Figs. 3 and 4; paragraphs 0056, 0060, and 0066).
Regarding claim 15, Pino '015 further discloses collecting the debris (12) before the applying of the debris on the uncured protectant (concrete mixture) (Figs. 3 and 4; paragraphs 0056, 0066, 0067, and 0069).
Regarding claim 16, Pino '015 further discloses the collecting of the debris (12) comprises vacuuming (using vacuum device 110) the debris (12) (Fig. 4; paragraph 0056).
Regarding claim 18, Pino '015 further discloses the tubular body (140/502) is a fiber optic cable (paragraph 0076).
Regarding claim 19, Pino '015 further discloses a color (coloring agent is used to match the roadway color) of the mixture is closer to a color of the paved surface than a color of the uncured protectant (concrete mixture) is to the color of the paved surface (paragraphs 0069 and 0071).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Pino '015 in view of Kao et al. and AL-Hashmy et al. as applied to claim 12 above, and further in view of Turner '380.
Regarding claim 13, Pino '015 in view of Kao and AL-Hashmy discloses all of the claim limitation(s) except the preparing of the segment of the paved surface comprises smoothing a portion of the paved surface. Turner '380 teaches the preparing of the segment of the paved surface (surface 100 comprises asphalt) comprises smoothing (using smoothing apparatus 124) a portion of the paved surface (Fig. 1; col. 3, lines 8 - 23; col. 4, lines 27 - 36; col. 6, line 1) to allow the tubular body to be installed with greater precision and to provide a stronger adhering bond between the filler and the surface. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the step of smoothing a portion of the paved surface as taught by Turner '380 to allow the tubular body to be installed with greater precision and to provide a stronger adhering bond between the mixture and the surface.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Pino '015 in view of Kao et al. and AL-Hashmy et al. as applied to claim 15 above, and further in view of Turner '016. Pino '015 in view of Kao and AL-Hashmy discloses all of the claim limitation(s) except blowing the prepared segment prior to applying the tubular body to the prepared segment. Turner '016 teaches blowing (using blower 124) and/or vacuuming the prepared segment (surface 100) prior to applying the tubular body to the prepared segment (col. 6, lines 64 - 67; col. 8, lines 46 - 49) to remove debris from the surface prior to the installation of the tubular body. The substitution of one known element (blower as taught by Turner '016) for another (vacuum device 110 as disclosed by Pino '015) would have yielded predictable results to one of ordinary skill in the art prior to the effective filing date of the invention. KSR International Co. V. Teleflex Inc., 550 U.S. 82 USPQ2d 1385(2007).
Claims 20, 21, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Pino '015 in view of Turner '380.
The following rejections are made assuming the resin is not positively recited in the claim(s).
Regarding claims 20 and 24, Pino '015 discloses an apparatus for adhering a tubular body to a paved surface, the apparatus comprising: a main body (microtrencher 2) movable in an advancing direction, the main body possessing a forward end and a read end; a deployment mechanism (reel loader 104, reel holder 120) mounted on the main body, the deployment mechanism configured to deploy a tubular body (cable 121/140) onto a surface; a collection mechanism comprising a vacuum (vacuum device 110) mounted on the main body, the collection mechanism configured to collect the debris; a mixing container (fill device 200) mounted on the main body, the mixing container; and a mixture conduit (outlet 210) mounted on the main body, the mixture conduit, the mixture being applied on the surface proximal to where the tubular body is deployed onto the surface in the advancing direction so that the mixture is deployed on top of the tubular body and the surface to protectively adhere the tubular body to the surface (Figs. 3 and 4; paragraphs 0056, 0059, 0065, 0066, 0069, and 0076). Pino '015 fails to disclose a smoothing apparatus mounted on the main body, the smoothing apparatus configured to contact the paved surface at a smoothing contact point to smooth a segment of the paved surface when the apparatus moves in the advancing direction, wherein debris is generated from smoothing a segment of the paved surface. Turner '380 teaches a smoothing apparatus (124) mounted on the main body (chassis 126), the smoothing apparatus configured to contact the paved surface at a smoothing contact point to smooth a segment of the paved surface when the apparatus moves in the advancing direction (Fig. 1; col. 3, lines 8 - 23; col. 4, lines 27 - 36; col. 6, line 1) to allow the tubular body to be installed with greater precision and to provide a stronger adhering bond between the filler and the surface. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed by Pino '015 with the smoothing apparatus as taught by Turner '380 to allow the tubular body to be installed with greater precision and to provide a stronger adhering bond between the mixture and the surface. Although Turner '380 fails to explicitly teach debris is generated from smoothing a segment of the paved surface, Examiner takes the position that a smoothing device that is used to remove irregularities from a surface will obviously generate debris when smoothing a segment of the paved surface.
Regarding claim 21, Pino '015 further discloses a debris container (first container 104) connected to the main body (2), the debris container configured to selectively receive debris from the collection mechanism and expel the debris to the mixing container (200) while maintaining a vacuum (using vacuum device 110) in the collection mechanism (Fig. 4; paragraph 0056).
Regarding claim 25, Pino '015 discloses all of the claim limitation(s) except a shaping template comprising an opening and being positioned to contact the surface when the main body moves in the advancing direction. Turner '380 teaches a shaping template (110) comprising an opening and being positioned to contact the surface when the main body (126) moves in the advancing direction (Fig. 1; col. 6, lines 35 - 57) to shape the unshaped protectant into a shaped protectant having a predetermined shape. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the shaping template as taught by Turner '380 to shape the unshaped protectant into a shaped protectant having a predetermined shape.
Claims 20, 21, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Pino '015 in view of Turner '380, Kao et al., and Pino et al. (US 2019/0086002; hereinafter Pino '002).
The following rejections are made assuming the resin is positively recited in the claim(s).
Regarding claims 20 and 24, Pino '015 discloses an apparatus for adhering a tubular body to a paved surface, the apparatus comprising: a main body (microtrencher 2) movable in an advancing direction, the main body possessing a forward end and a read end; a deployment mechanism (reel loader 104, reel holder 120) mounted on the main body, the deployment mechanism configured to deploy a tubular body (cable 121/140) onto a surface; a collection mechanism comprising a vacuum (vacuum device 110) mounted on the main body, the collection mechanism configured to collect the debris; a mixing container (fill device 200) mounted on the main body, the mixing container configured to receive the debris and an uncured protectant, the mixture being uncured when received in the mixing container; and a mixture conduit (outlet 210) mounted on the main body, the mixture conduit configured to apply the mixture of the mixing container on the surface, the mixture being applied on the surface proximal to where the tubular body is deployed onto the surface in the advancing direction so that the mixture is deployed on top of the tubular body and the surface to protectively adhere the tubular body to the surface (Figs. 3 and 4; paragraphs 0056, 0059, 0065, 0066, 0069, and 0076). Pino '015 fails to disclose a smoothing apparatus mounted on the main body, the smoothing apparatus configured to contact the paved surface at a smoothing contact point to smooth a segment of the paved surface when the apparatus moves in the advancing direction, wherein debris is generated from smoothing a segment of the paved surface; and the protectant comprises a catalyst and a resin. Turner '380 teaches a smoothing apparatus (124) mounted on the main body (chassis 126), the smoothing apparatus configured to contact the paved surface at a smoothing contact point to smooth a segment of the paved surface when the apparatus moves in the advancing direction (Fig. 1; col. 3, lines 8 - 23; col. 4, lines 27 - 36; col. 6, line 1) to allow the tubular body to be installed with greater precision and to provide a stronger adhering bond between the filler and the surface. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed by Pino '015 with the smoothing apparatus as taught by Turner '380 to allow the tubular body to be installed with greater precision and to provide a stronger adhering bond between the mixture and the surface. Although Turner '380 fails to explicitly teach debris is generated from smoothing a segment of the paved surface, Examiner takes the position that a smoothing device that is used to remove irregularities from a surface will obviously generate debris when smoothing a segment of the paved surface. Turner '380 fails to teach a protectant comprises a catalyst and a resin. Kao teaches combining a catalyst with a protectant (concrete mixture) (paragraphs 0020 and 0037) to increase the strength and durability of the concrete. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the protectant as disclosed above to include a catalyst as taught by Kao increase the strength and durability of the concrete mixture. Kao fails to teach the protectant comprises a resin. Pino '002 teaches a protectant comprising a resin, debris (spoil 12), and a concrete mixture (paragraph 0056). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the mixture as disclosed above with the resin as taught by Pino '002 to increase the strength of the bond between the fill and the surface.
Regarding claim 21, Pino '015 further discloses a debris container (first container 104) connected to the main body (2), the debris container configured to selectively receive debris from the collection mechanism and expel the debris to the mixing container (200) while maintaining a vacuum (using vacuum device 110) in the collection mechanism (Fig. 4; paragraph 0056).
Regarding claim 25, Pino '015 discloses all of the claim limitation(s) except a shaping template comprising an opening and being positioned to contact the surface when the main body moves in the advancing direction. Turner '380 teaches a shaping template (110) comprising an opening and being positioned to contact the surface when the main body (126) moves in the advancing direction (Fig. 1; col. 6, lines 35 - 57) to shape the unshaped protectant into a shaped protectant having a predetermined shape. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the shaping template as taught by Turner '380 to shape the unshaped protectant into a shaped protectant having a predetermined shape.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Pino '015 in view of Turner '380 as applied to claim 20 above, and further in view of Turner '016. Pino '015 in view of Turner '380 discloses all of the claim limitation(s) except a blowing apparatus connected to the main body, the blowing apparatus configured to blow debris from an area smoothed by the smoothing apparatus prior to deployment of the tubular body. Turner '016 teaches a blowing apparatus (124) connected to the main body (126), the blowing apparatus configured to blow debris from an area smoothed by the smoothing apparatus prior to deployment of the tubular body (col. 6, lines 64 - 67; col. 8, lines 46 - 49) to remove debris from the surface prior to the installation of the tubular body. The substitution of one known element (blower as taught by Turner '016) for another (vacuum device 110 as disclosed by Pino '015) would have yielded predictable results to one of ordinary skill in the art prior to the effective filing date of the invention. KSR International Co. V. Teleflex Inc., 550 U.S. 82 USPQ2d 1385(2007).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Pino '015 in view of Turner '380, Kao et al., and Pino '002 as applied to claim 20 above, and further in view of Turner '016. Pino '015 in view of Turner '380, Kao and Pino '002 discloses all of the claim limitation(s) except a blowing apparatus connected to the main body, the blowing apparatus configured to blow debris from an area smoothed by the smoothing apparatus prior to deployment of the tubular body. Turner '016 teaches a blowing apparatus (124) connected to the main body (126), the blowing apparatus configured to blow debris from an area smoothed by the smoothing apparatus prior to deployment of the tubular body (col. 6, lines 64 - 67; col. 8, lines 46 - 49) to remove debris from the surface prior to the installation of the tubular body. The substitution of one known element (blower as taught by Turner '016) for another (vacuum device 110 as disclosed by Pino '015) would have yielded predictable results to one of ordinary skill in the art prior to the effective filing date of the invention. KSR International Co. V. Teleflex Inc., 550 U.S. 82 USPQ2d 1385(2007).
Allowable Subject Matter
Claim 22 is allowed.
Response to Arguments
Applicant’s arguments with respect to claims 1 - 8, 10 - 19 have been considered but are moot in view of new grounds of rejection.
Applicant's arguments filed 14 August 2026 have been fully considered but they are not persuasive.
Applicant argues that Pino ‘015, Turner ‘380, Kao, and Pino ‘002 alone or in combination fail to teach “a smoothing apparatus mounted on the main body, a deployment mechanism mounted on the main body, a collection mechanism mounted on the main body, a mixing container mounted on the main body, and a mixture conduit mounted on the main body”. Applicant argues that Pino ‘015 teaches the microtrencher 2, first container 104, and fill device 200 are each separate devices and are not mounted on a single main body. Examiner replies that the claim(s) does not require the main body to be a single structure. Examiner has interpreted all of vehicles (microtrencher 2, truck 124, trailer 102, the unlabeled truck on which the fill device 200 is mounted; see Fig. 3) as taught by Pino ‘015 to be the main body because each of the vehicles carry various structural elements required to dig a microtrench, lay a cable in the microtrench, and fill the microtrench.
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 SEAN D ANDRISH whose telephone number is (571)270-3098. The examiner can normally be reached Mon-Fri: 6:30 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
9/1/2026
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