Notice of Pre-AIA or AIA Status
1. 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.
2. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 103
3. 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.
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.
4. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller US et al. 4,029,165 ion view of Rhoden US 6,308,785. Miller discloses a paving machine (10) comprising:
A width adjustable frame (12), see Figs. 1, 314.
A plurality of propulsive steerable tracks (140) disposed at the corners of the frame.
A platform (28), see Figs. 18, 19 configured to support a power unit (26) and an
operator console (30). Col. 3, ln. 30-Col. 4, ln. 30, Col. 9, ln. 65-Col. 10, ln. 30, Col. 14, ln. 42-Col. 15. ln. 13. Wherein the power unit (26) provides propulsion power to the tracks (14) and to concrete finishing tools, such as a fixed length auger/vibrator/screed assembly (351) configured to spread and compact a paved layer onto a prepared subgrade (290). What Miller does not disclose is a variable width screed assembly. However, Rhoden teaches a width adjustable paving assembly (13) comprising:
Left & right height adjustable, ground engaging skis (38, 40), a 3-point hitch assembly (12), left & right screed plates (24, 28) supported on left & right side plates (32, 33) which are supported by the Left & right skis (38, 40). A slope sensor (72) configured for measuring and controlling a cross slope of the paving assembly. Left & right independently adjustable width frames (14, 16) being configured to adjust the width between skis (38, 40) to control the width and height of the paved surface. See Figs. 1-9; Col. 2, ln. 60-Col. 5, ln. 65. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the width adjustable slipform paver of Miller with a width adjustable screed assembly as taught by Rhoden in order to facilitate variable width paving projects.
With respect to claims 4-6, 11, 17-19 Miller et al. and Rhoden both disclose the use of hydraulic motors and actuators configured to raise/lower widen/narrow and drive the slipform paver and adjustable width paving assembly. See Miller et al. Cols. 4, 6; Rhoden Abstract.
With respect to claims 7, 12, 20 Miller et al. discloses a fixed width, removably mounted paving assembly (351) but do not disclose a width adjustable paving assembly. However, Rhoden teaches it is known to use a 3-point hitch to mount a width adjustable paving assembly (10) to a prime mover such as a farm tractor. Although neither
reference teaches the use of a pintle hitch, Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the slipform paver of Miller et al. with a pintle hitch or other commonly known hitch assembly simply as a matter of design choice.
Conclusion
5. 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 7/16/2026
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