DETAILED ACTIONNotice 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 .
Claim Objections
Claim 15 is objected to because of the following informalities: On line 5, it appears that “and second clamp” should read and a second clamp. On line 8, there is a comma missing after “second clamp”. On line 9, “from load cell” should read from the load cell. On line 11, delete the space between “load cell” and “;”. Appropriate corrections are required.
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 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.
Claims 1, 2, 6, 15, 16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Vilendrer (5,712,431) in view of Lee (WO2014185570). Regarding claim 1, Vilendrer discloses a method and apparatus comprising a first clamp (material retaining member) 54 configured to selectively hold a first end of a cylindrical asphalt sample 58; a second clamp 56 configured to hold a second end of a cylindrical asphalt sample (See Fig. 4); a load cell 36 (See Fig. 1) selectively moveable at a range of predetermined force, the load cell configured to selectively apply to a predetermined force against a cylindrical asphalt sample held within the first clamp and second clamp, the force applied on the cylindrical asphalt sample between the first end and second end of the cylindrical asphalt sample; an actuator 22 selectively moving the load cell at a predetermined force, the actuator further sensing a resistance of the cylindrical asphalt sample to the predetermined force; and at least one computer device 14 communicatively connected to the actuator, wherein the at least one computer device is configured to control the actuator to selectively move the load at a predetermined force against a cylindrical asphalt sample held in the first clamp and second clamp; and receive sensed resistance data from the actuator from the predetermined force applied to the cylindrical asphalt sample (See Col. 5, lines 1 – 33 and Col. 6, lines 1 - 31). Vilendrer fails to disclose that the computer device determines a deflection of the cylindrical asphalt sample based upon a Timoshenko Beam Theory (TBT) Model; and determines a durability measurement of the cylindrical asphalt sample based upon the determined deflection. However, Lee discloses an apparatus comprising determining a deflection of a cylindrical asphalt sample 30 based upon a Timoshenko Beam Theory (TBT) Model and determining a durability measurement of the cylindrical asphalt sample based upon the determined deflection (See Pg. 9, lines 4 – 5 and Pg. 21, lines 6 – 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Lee for the purpose of, advantageously providing an improved device since this type of device increases the lifespan of a structure under various conditions and environments (See Lee, Pg. 3, lines 22 – 24).
Regarding claim 2, Vilendrer fails to disclose that the at least one computer device is further configured to output the durability measurement of the cylindrical asphalt sample. However, in Lee, a computer device is further configured to output the durability measurement of the cylindrical asphalt sample (See Pg. 35, lines 10 – 29). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Lee for the purpose of, advantageously providing an improved device since this type of device increases the lifespan of a structure under various conditions and environments (See Lee, Pg. 3, lines 22 – 24).
Regarding claim 6, Vilendrer fails to disclose that the at least one computer device is further configured to treat the cylindrical asphalt sample as a linear elastic material within the TBT Model. However, in Lee, the computer device is further configured to treat the cylindrical asphalt sample as a linear elastic material within the TBT Model deflection (See Pg. 9, lines 4 – 5 and Pg. 21, lines 6 – 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Lee for the purpose of, advantageously providing an improved device since this type of device increases the lifespan of a structure under various conditions and environments (See Lee, Pg. 3, lines 22 – 24).
Regarding claim 15, Vilendrer discloses a method and apparatus comprising placing a cylindrical asphalt sample 58 in a sample-holding apparatus, the cylindrical asphalt sample having a first end and second end thereof, the sample-holding apparatus including a first clamp 54 configured to selectively hold the first end of a cylindrical asphalt sample, and a second clamp 56 configured to hold the second end of the cylindrical asphalt sample; selectively applying a predetermined force against the cylindrical asphalt sample held within the first clamp and second clamp, a load cell 36 selectively moveable at a range of predetermined force, the predetermined force applied from load cell configured to apply force on the cylindrical asphalt sample between the first end and second end of the cylindrical asphalt sample via an actuator 22 selectively moving the load cell; sensing, at the actuator, a resistance of the cylindrical asphalt sample to the predetermined force further; and receiving sensed resistance data from the actuator from the predetermined force applied to the cylindrical asphalt sample (See Col. 5, lines 1 – 33 and Col. 6, lines 1 - 31). Vilendrer fails to disclose determining a deflection of the cylindrical asphalt sample based upon one a Timoshenko Beam Theory (TBT) Model, and determining a durability measurement of the cylindrical asphalt sample based upon the determined deflection. However, Lee discloses an apparatus comprising determining a deflection of a cylindrical asphalt sample 30 based upon a Timoshenko Beam Theory (TBT) Model and determining a durability measurement of the cylindrical asphalt sample based upon the determined deflection (See Pg. 9, lines 4 – 5 and Pg. 21, lines 6 – 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Lee for the purpose of, advantageously providing an improved device since this type of device increases the lifespan of a structure under various conditions and environments (See Lee, Pg. 3, lines 22 – 24).
Regarding claim 16, Vilendrer fails to disclose outputting the durability measurement of the cylindrical asphalt sample. However, in Lee, a computer device is further configured to output the durability measurement of the cylindrical asphalt sample (See Pg. 35, lines 10 – 29). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Lee for the purpose of, advantageously providing an improved device since this type of device increases the lifespan of a structure under various conditions and environments (See Lee, Pg. 3, lines 22 – 24).
Regarding claim 18, Vilendrer fails to disclose treating the cylindrical asphalt sample as a linear elastic material within a TBT Model. However, in Lee, the computer device is further configured to treat the cylindrical asphalt sample as a linear elastic material within the TBT Model deflection (See Pg. 9, lines 4 – 5 and Pg. 21, lines 6 – 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Lee for the purpose of, advantageously providing an improved device since this type of device increases the lifespan of a structure under various conditions and environments (See Lee, Pg. 3, lines 22 – 24).
Regarding claim 19, in Vilendrer, the cylindrical asphalt sample 58 is created by taking a core sample from an asphalt mixture (See Fig. 1).
6. Claims 3 – 5, 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Vilendrer and Lee, as applied to claims 1 and 15 above, and further in view of Zhang et al. (“Concept and Development of an Accelerated Repeated Rolling Wheel Load Simulator (ARROWS) for Fatigue Performance Characterization of Asphalt Mixture” – hereinafter Zhang).
Regarding claim 3, Vilendrer and Lee fail to disclose that the sample-holding apparatus further includes a central clamp configured to selectively hold a cylindrical asphalt sample at a point in between the first end and second end of the cylindrical asphalt sample. However, Zhang discloses an apparatus comprising a device including a central clamp 2 that is configured to selectively hold a cylindrical asphalt sample at a point in between a first end and a second end of the cylindrical asphalt sample (See Fig. 4, See Pg. 6, Para. 3.1.2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer and Lee according to the teachings of Zhang for the purpose of, advantageously providing an improved device since this type of device provides a feasible and effective method to simulate repeated roll wheel load (See the Abstract of Zhang).
Regarding claim 4, Vilendrer and Lee fail to disclose that the cylindrical asphalt sample is fixedly held within the first clamp, the second clamp, and the central clamp. However, in Zhang, the cylindrical asphalt sample is fixedly held within the first clamp 1, the second clamp 3, and the central clamp 2 (See Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer and Lee according to the teachings of Zhang for the purpose of, advantageously providing an improved device since this type of device provides a feasible and effective method to simulate repeated roll wheel load (See the Abstract of Zhang).
Regarding claim 5, Vilendrer and Lee fail to disclose that the actuator selectively moves the central clamp. However, in Zhang, an actuator (wheel) selectively moves the central clamp (See Fig. 6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer and Lee according to the teachings of Zhang for the purpose of, advantageously providing an improved device since this type of device provides a feasible and effective method to simulate repeated roll wheel load (See the Abstract of Zhang).
Regarding claim 7, in Vilendrer, the cylindrical asphalt sample 58 is a core sample taken from an asphalt mixture (See Fig. 1). Regarding claim 17, Vilendrer and Lee fail to disclose that the sample-holding apparatus further includes a central clamp configured to selectively hold a cylindrical asphalt sample at a point in between the first end and second end of the cylindrical asphalt sample, and the method further includes selectively moving the central clamp. However, Zhang discloses an apparatus comprising a device including a central clamp 2 that is configured to selectively hold a cylindrical asphalt sample at a point in between a first end and a second end of the cylindrical asphalt sample (See Fig. 4, See Pg. 6, Para. 3.1.2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer and Lee according to the teachings of Zhang for the purpose of, advantageously providing an improved device since this type of device provides a feasible and effective method to simulate repeated roll wheel load (See the Abstract of Zhang).
7. Claims 8, 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Vilendrer (5,712,431) in view of Dongre (11,142,667). Regarding claim 8, Vilendrer discloses a method and apparatus comprising a first clamp 54 configured to selectively hold a first end of a cylindrical asphalt sample 58; a second clamp 56 configured to hold a second end of a cylindrical asphalt sample; a load cell 36 selectively moveable at a range of predetermined force, the load cell configured to selectively apply to a predetermined force against cylindrical asphalt sample held within the first clamp and second clamp, the force applied on the cylindrical asphalt sample between the first end and second end of the cylindrical asphalt sample; an actuator 22 selectively moving the load cell at a predetermined force, the actuator further sensing a resistance of the cylindrical asphalt sample to the predetermined force; and at least one computer device 14 communicatively connected to the actuator, wherein the at least one computer device is configured to control the actuator to selectively move the load at a predetermined force against a cylindrical asphalt sample held in the first clamp and second clamp and receive sensed resistance data from the actuator from the predetermined force applied to the cylindrical asphalt sample (See Col. 5, lines 1 – 33 and Col. 6, lines 1 - 31). Vilendrer fails to disclose determining a deflection of the cylindrical asphalt sample based upon a Viscoelastic Continuum Damage (VECD) Model; and determining a durability measurement of the cylindrical asphalt sample based upon the determined deflection. However, Dongre discloses a method and apparatus comprising determining a deflection of a cylindrical asphalt sample based upon a Viscoelastic Continuum Damage (VECD) Model; and determining a durability measurement of the cylindrical asphalt sample based upon the determined deflection (See Fig. 13, See Col. 20, lines 36 – 44). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Dongre for the purpose of, advantageously providing an improved device since this type of device can be combined with aggregate and hot asphalt binder to improve workability and reduce stickiness of a construction and paving apparatus (See Dongre, See Col. 11, lines 33 - 45).
Regarding claim 9, Vilendrer fails to disclose that the at least one computer device is further configured to output the durability measurement of the cylindrical asphalt sample. However, in Dongre, at least one computer device is further configured to output the durability measurement of the cylindrical asphalt sample (See Fig. 13, See Col. 20, lines 36 – 52). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Dongre for the purpose of, advantageously providing an improved device since this type of device can be combined with aggregate and hot asphalt binder to improve workability and reduce stickiness of a construction and paving apparatus (See Dongre, See Col. 11, lines 33 - 45).
Regarding claim 13, Vilendrer fails to disclose that the at least one computer device is further configured to base the VECD Model on an elastic-viscoelastic correspondence (E-VC) model of the cylindrical asphalt sample. However, in Dongre, the at least one computer device is further configured to base the VECD Model on an elastic-viscoelastic correspondence (E-VC) model of the cylindrical asphalt sample (See Fig. 13, See Col. 20, lines 36 – 46). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer according to the teachings of Dongre for the purpose of, advantageously providing an improved device since this type of device can be combined with aggregate and hot asphalt binder to improve workability and reduce stickiness of a construction and paving apparatus (See Dongre, See Col. 11, lines 33 - 45).
8. Claims 10 – 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Vilendrer and Dongre, as applied to claim 8 above, and further in view of Zhang et al. (“Concept and Development of an Accelerated Repeated Rolling Wheel Load Simulator (ARROWS) for Fatigue Performance Characterization of Asphalt Mixture” – hereinafter Zhang).
Regarding claim 10, Vilendrer and Dongre fail to disclose that the sample-holding apparatus further includes a central clamp configured to selectively hold a cylindrical asphalt sample at a point in between the first end and second end of the cylindrical asphalt sample. However, Zhang discloses an apparatus comprising a device including a central clamp 2 that is configured to selectively hold a cylindrical asphalt sample at a point in between a first end and a second end of the cylindrical asphalt sample (See Fig. 4, See Pg. 6, Para. 3.1.2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer and Dongre according to the teachings of Zhang for the purpose of, advantageously providing an improved device since this type of device provides a feasible and effective method to simulate repeated roll wheel load (See the Abstract of Zhang).
Regarding claim 11, Vilendrer and Dongre fail to disclose that the cylindrical asphalt sample is fixedly held within the first clamp, the second clamp, and the central clamp. However, in Zhang, the cylindrical asphalt sample is fixedly held within the first clamp 1, the second clamp 3, and the central clamp 2 (See Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer and Dongre according to the teachings of Zhang for the purpose of, advantageously providing an improved device since this type of device provides a feasible and effective method to simulate repeated roll wheel load (See the Abstract of Zhang).
Regarding claim 12, Vilendrer and Dongre fail to disclose that the central clamp is attached to the actuator, and the actuator selectively moves the central clamp. However, in Zhang, an actuator (wheel) is attached to and selectively moves the central clamp (See Fig. 6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer and Dongre according to the teachings of Zhang for the purpose of, advantageously providing an improved device since this type of device provides a feasible and effective method to simulate repeated roll wheel load (See the Abstract of Zhang).
Regarding claim 14, in Vilendrer, the cylindrical asphalt sample 58 is a core sample taken from an asphalt mixture (See Fig. 1). 9. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Vilendrer and Lee, as applied to claim 15 above, and further in view of Dongre (11,142,667). Regarding claim 20, Vilendrer and Lee fail to disclose basing the VECD Model on an elastic-viscoelastic correspondence (E-VC) model of the cylindrical asphalt sample. However, Dongre discloses a method and apparatus comprising a computer device that is further configured to base a VECD Model on an elastic-viscoelastic correspondence (E-VC) model of a cylindrical asphalt sample (See Fig. 13, See Col. 20, lines 36 – 46). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Vilendrer and Lee according to the teachings of Dongre for the purpose of, advantageously providing an improved device since this type of device can be combined with aggregate and hot asphalt binder to improve workability and reduce stickiness of a construction and paving apparatus (See Dongre, See Col. 11, lines 33 - 45).
Conclusion
10. The prior art made of record and not relied upon is considered pertinent
applicant's disclosure.
11. Salerno et al. (2025/0369848) disclose material testing systems with a testing system sensor verification device. Kutay et al. (WO2024035756) disclose a collet chuck system for uniaxial testing. Coe et al. (11,474,013) disclose a rolling cycle fatigue test platform for determining asphalt ductility. Regimand et al. (2020/0103322) disclose test fixtures for evaluating mechanical properties of asphalt samples and related systems and methods. Huang et al. (2012/0253704) disclose a method and apparatus for fatigue and viscoelastic property testing of asphalt mixtures using a loaded wheel tester. Lin et al. (7,614,275) disclose a method and apparatus for determining coefficient of friction.12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OCTAVIA HOLLINGTON whose telephone number is (571)272-2176. The examiner can normally be reached Monday-Friday 9am-5pm.
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/OCTAVIA HOLLINGTON/Primary Examiner, Art Unit 2855 2/6/26