DETAILED ACTION
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 .
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.
Claim(s) 20-26, 30-34, 36-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wayne (2004/0175234) in view of Seaman (2,368,331).
Regarding claim 20, Wayne teaches a cold scarification and recycling assembly for restoring a road pavement, said cold scarification and recycling assembly being integrated and suitable for being directly connected to a mobile arm of a mini-loader or a tractor and comprising: a scarification group (94), housed in a first region of the cold scarification and recycling assembly and comprising an excavation tool (102) for removing conglomerate material of one or more asphalt layers along a linear advancement path along a working surface of the road pavement, for obtaining a scarified conglomerate material (paragraph [0038-0044]); a recycling group (96), housed in a second region of the cold scarification and recycling assembly and comprising a mixing and shredding element (130, 132) of the scarified conglomerate material, said second region being arranged downstream of the first region, so that the scarified conglomerate material from the scarification group is receivable by the recycling group for regeneration thereof into a regenerated conglomerate material (paragraph [0042]); drive means (124, 136) suitable for moving the excavation tool and the mixing and shredding element (paragraph [0042]); an interception device (128, 212) that at least partially separates the first region from the second region to convey a passage of the scarified conglomerate material from the first region to the second region (paragraph [0042]); and a water and/or regenerating fluid dispensing device (98) suitable for dispensing water and/or regenerating fluid directly in the first region and/or in the second region (paragraph [0041]). Wayne fails to teach the recycling assembly being integrated and suitable for being directly connected to a mobile arm of a mini-loader or a tractor. Seaman teaches a milling and recycling assembly suitable for being directly connected to a tractor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the assembly of Wayne suitable for attachment to a tractor as taught by Seaman as it is obvious to use a known technique to improve similar devices in the same way.
Regarding claim 21, Wayne as modified by Seaman teaches an assembly body and an auto- leveling body, wherein the assembly body comprises a coupling portion (40) for coupling to the mini-loader or to the tractor for stable mounting of the assembly body.
Regarding claim 22, Wayne teaches the interception device is movable in a closed configuration, in which the interception device (212) prevents the passage of the scarified conglomerate material from the scarification group, namely from the first region, to the recycling group, namely to the second region, and an open configuration, in which the interception device allows the passage of the scarified conglomerate material from the scarification group, namely from the first region, to the recycling group, namely to the second region (Figure 6; paragraph [0051]).
Regarding claim 23, Wayne as modified by Seaman teaches the excavation tool (102) is a milling drum rotatable about a milling drum rotation axis substantially parallel to the working surface of the road pavement, provided with cutting elements for removing the conglomerate material of the road pavement, and wherein the mixing and shredding element (130) is a mixing drum provided with protruding elements and rotatable about a mixing drum rotation axis parallel and spaced apart with respect to the milling drum rotation axis (Figure 4).
Regarding claim 24, Wayne as modified by Seaman teaches the scarification group (94) further comprises a scarification chamber (44,46,48) in which the excavation tool (102) is housed, and wherein the recycling group further comprises a recycling chamber (96) in which the mixing and shredding element is housed, said scarification chamber and said recycling chamber directly communicating with each other by a conglomerate passage opening suitable for being at least partially or totally closed by the interception device (128).
Regarding claim 25, Wayne teaches a scarification group frame that at least partially defines the scarification chamber (46), and a recycling group frame (96) that at least partially defines the recycling chamber, the scarification group frame being joined to the recycling group frame (Figure 3), and the conglomerate passage opening being formed in said scarification group frame or in said recycling group frame, wherein the interception device (212) comprises a bulkhead translatable with respect to the scarification group frame and to the recycling group frame to determine an opening or a partial or total closing of the conglomerate passage opening (paragraph [0051]).
Regarding claim 26, Wayne as modified by Seaman teaches a bulkhead movement group, the bulkhead movement group optionally being one or more hydraulic cylinders, connected to the bulkhead and to the scarification group frame and/or to the recycling group frame and suitable for translating the bulkhead along a vertical direction perpendicular to a level of the road pavement (paragraph [0051]).
Regarding claim 30, Wayne as modified by Seaman teaches the invention as described above. Seaman further teaches a sieving element (23) arranged downstream of the recycling group and suitable for receiving the regenerated conglomerate material and for sieving a predefined particle size of the regenerated conglomerate material for transfer to the working surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a sieving element in the milling machine of Wayne as taught by Seaman to ensure the recycled material fragments are not too large.
Regarding claim 31, Wayne as modified by Seaman teaches the sieving element (23) is a perforated wall or a grid arranged below the mixing and shredding element, in a vertical direction perpendicular to a level of the road pavement.
Regarding claim 33, Wayne teaches a method for restoring a road pavement, the method comprising: providing at least one cold scarification and recycling and comprising: a scarification group (94), housed in a first region of the cold scarification and recycling assembly and comprising an excavation tool (102) for removing conglomerate material of one or more asphalt layers along a linear advancement path along a working surface of the road pavement, for obtaining a scarified conglomerate material (paragraph [0038-0044]); a recycling group (96), housed in a second region of the cold scarification and recycling assembly and comprising a mixing and shredding element (130, 132) of the scarified conglomerate material (paragraph [0042]), said second region being arranged downstream of the first region, so that the scarified conglomerate material from the scarification group is receivable by the recycling group for regeneration thereof into regenerated conglomerate material; drive means suitable for moving the excavation tool and the mixing and shredding element; an interception device (128, 212) that at least partially separates the first region from the second region to convey passage of the scarified conglomerate material from the first region to the second region; and a water and/or regenerating fluid dispensing device (98), suitable for dispensing water and/or regenerating fluid directly in the first region and/or in the second region; moving the cold scarification and recycling assembly on the road pavement so as to obtain the scarified conglomerate material and, preferably at the same time, injecting the regenerating fluid and optionally the water on the scarified conglomerate material being worked by the cold scarification and recycling assembly, preferably in a single pass in an advancement direction of the machine; and letting the regenerated conglomerate material escape from a recycling chamber of the recycling group. Wayne fails to teach the recycling assembly being integrated and suitable for being directly connected to a mobile arm of a mini-loader or a tractor or a sieving element. Seaman teaches a milling and recycling assembly suitable for being directly connected to a tractor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the assembly of Wayne suitable for attachment to a tractor as taught by Seaman as it is obvious to use a known technique to improve similar devices in the same way. Seaman further teaches a sieving element (23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a sieving element in the milling machine of Wayne as taught by Seaman to ensure the recycled material fragments are not too large.
Regarding claim 34, Wayne teaches a method for restoring a road pavement, the method comprising:(a) providing at least one cold scarification and recycling assembly (94) for restoring the road pavement: a scarification group (94), housed in a first region of the cold scarification and recycling assembly and comprising an excavation tool (102) for removing conglomerate material of one or more asphalt layers along a linear advancement path along a working surface of the road pavement, for obtaining a scarified conglomerate material; a recycling group (96), housed in a second region of the cold scarification and recycling assembly and comprising a mixing and shredding element (130,132) of the scarified conglomerate material, said second region being arranged downstream of the first region, so that the scarified conglomerate material from the scarification group is receivable by the recycling group for regeneration thereof into regenerated conglomerate material (paragraph [0042]); drive means suitable for moving the excavation tool and the mixing and shredding element; an interception device (128, 212) that at least partially separates the first region from the second region to convey passage of the scarified conglomerate material from the first region to the second region; and a water and/or regenerating fluid dispensing device (98), suitable for dispensing water and/or regenerating fluid directly in the first region and/or in the second region; (c) moving the cold scarification and recycling assembly on the road pavement with the interception device in an open configuration, so as to obtain the scarified conglomerate material arranged on the working surface; (d) optionally, arranging a binding agent, the binding agent optionally being cement, on the scarified conglomerate material; (e) moving the cold scarification and recycling assembly on the scarified conglomerate material arranged on the working surface with the interception device in the open configuration and injecting the regenerating fluid (liquid asphalt) and optionally water on the scarified conglomerate material being worked by the cold scarification and recycling assembly, (f) letting the regenerated conglomerate material escape from a recycling chamber of the recycling group; and (g) optionally, smoothing and compacting the regenerated conglomerate material (via 92). directly connected to a mobile arm of a mini-loader or a tractor or a sieving element. Seaman teaches a milling and recycling assembly suitable for being directly connected to a tractor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the assembly of Wayne suitable for attachment to a tractor as taught by Seaman as it is obvious to use a known technique to improve similar devices in the same way. Seaman further teaches a sieving element (23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a sieving element in the milling machine of Wayne as taught by Seaman to ensure the recycled material fragments are not too large.
Regarding claim 36, Wayne as modified by Seaman teaches the injected regenerating fluid is a mixture of bitumen (paragraph [0016]) or a mixture containing a hydrocarbon binding agent.
Regarding claim 37, Wayne as modified by Seaman teaches the injected regenerating fluid is a mixture of bitumen (paragraph [0016]) or a mixture containing a hydrocarbon binding agent.
Regarding claim 38, Wayne as modified by Seaman teaches the coupling portion (40) is suitable for mounting the assembly body to the mobile arm or to a support of the mini- loader or the tractor.
Claim(s) 27, 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wayne (2004/0175234) in view of Seaman (2,368,331) and in further view of Heusinger et al. (2012/0043401) (“Heusinger”).
Regarding claim 27, Wayne as modified by Seaman teaches the invention as described above but fails to teach a dosing unit. Heusinger teaches a road milling machine having a dosing unit suitable for adjusting an amount of the water and/or regenerating fluid to be dispensed by the water and/or regenerating fluid dispensing device; and a speed detector device operatively connected to the dosing unit and suitable for detecting an advancement speed of the cold scarification and recycling assembly along the working surface, wherein the dosing unit is suitable for adjusting the amount of the water and/or regenerating fluid to be dispensed according to the advancement speed detected by the speed detector device (paragraph [0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a dosing unit on the machine of Wayne as taught by Heusinger to ensure the appropriate amount of fluid enters the recycled mix to maintain the integrity of the road surface.
Regarding claim 35, Wayne as modified by Seaman teaches the invention as described above but fails to teach injecting water based on travel speed. Heusinger teaches a road milling machine having a dosing unit suitable for adjusting an amount of the water and/or regenerating fluid to be dispensed by the water and/or regenerating fluid dispensing device; injecting the regenerating fluid and optionally water involves: detecting an advancement speed on the road pavement of the cold scarification and recycling assembly (paragraph [0040]); optionally, measuring a scarification depth of the road pavement with respect to a level of the road pavement; and dispensing a quantity of the regenerating fluid and optionally water according to the detected advancement speed (paragraph [0040]) and optionally to the measured scarification depth. and a speed detector device operatively connected to the dosing unit and suitable for detecting an advancement speed of the cold scarification and recycling assembly along the working surface, wherein the dosing unit is suitable for adjusting the amount of the water and/or regenerating fluid to be dispensed according to the advancement speed detected by the speed detector device (paragraph [0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a dosing unit on the machine of Wayne as taught by Heusinger to ensure the appropriate amount of fluid enters the recycled mix to maintain the integrity of the road surface.
Allowable Subject Matter
Claims 28-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed on the attached PTO-892. Haroldsen teaches a road milling machine for attachment to a skid steer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL ANNE RISIC whose telephone number is (571)270-7819. The examiner can normally be reached 8-5, M-Th.
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/ABIGAIL A RISIC/Primary Examiner, Art Unit 3671 May 29, 2026
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