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 § 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) 1-7 and 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scherer (WO2008/107466).
Regarding claim 1, Scherer teaches a structure for the reinforcement of pavements, said structure having a longitudinal direction and a transverse direction, said structure comprising a first group of reinforcement element (3), said reinforcement elements of said first group being oriented in a first direction in a mutual parallel or mutual substantially parallel position, said reinforcement elements being integrated in a substrate (5), wherein said substrate comprises or consists of a non-metal material (bitumen) with a melting temperature between 60 and 135 °C (paragraph [0019]).
Regarding claim 2, Scherer teaches the substrate consists of a non-metal material (5) with a melting temperature between 75 and 130 preferably between 95 and 115C further preferred between 100 and 110 °C (Figure [0019]).
Regarding claim 3, Scherer teaches the reinforcement elements are or comprise metal wires, bundles of metal wires or metal cords, carbon fibers (3; paragraph [0013]), synthetic fibers, basalt fibers, glass fibers or yarns made therefrom, extruded reinforcement elements or the like, especially for example steel cords.
Regarding claim 4, Scherer teaches the non-metal material is selected from the group comprising: polylactic acid (PLA) or polylactic acid copolymers, ethylene-vinyl acetate copolymers (EVA), polypropylene or polypropylene copolymers (paragraph [0019]), polyesters, co-polyesters, polyamids, co- polyamids, thermoplastic polyurethanes (paragraph [0023]) and/or wherein the non-metal material is preferably selected from the group comprising: polylactic acid (PLA) or polylactic acid copolymers, ethylene-vinyl acetate copolymers (EVA), polyesters, co-polyesters, polyamids, co-polyamids, thermoplastic polyurethanes and/or wherein substrate is a non- woven (5) or a grid or a film (2) and/or wherein a structure according to the invention may comprise one or more layers of substrate, preferably exactly one layer of substrate.
Regarding claim 5, Scherer teaches the substrate consists of a non-metal material with an MFR at 160 °C and 2.16 kg of between 5 and 600 g/10 min, preferably between 7 and 500 g/10 min preferably between 20 and 250 g/10 min, further preferred between 25 and 65 g/10 min or between 90 and 175 g/10 min and/or wherein the amount of substrate per m2 may thereby preferably be for example between 10 and 150 g/m2, preferably between 20 and 120 g/m2, further preferred between 30 and 90 g/m2, further preferred between 40 and 80 g/m2 (paragraph [0019]).
Regarding claim 6, Scherer teaches the included angle between said first direction and said longitudinal direction is ranging between -80° and + 80° .
Regarding claim 7, Scherer teaches the first direction is oriented in the longitudinal direction of said structure.
Regarding claim 9, Scherer teaches the reinforcing elements are integrated in a non-woven (5), woven or knitted substrate or into a film (2) or a grid.
Regarding claim 10, Scherer teaches the structure comprises a second group of reinforcing elements, said reinforcing elements of said second group being oriented in a second direction, said second direction being different from said first direction, preferably perpendicular to the first direction (Figure 1).
Regarding claim 11, Scherer teaches a method to manufacture a structure comprising the steps of: providing at least a first group of reinforcement elements (3); providing a non-metal substrate with a melting temperature between 60 and 135 C (5; paragraph [0019]); coupling said reinforcing elements of said first group to said substrate so that said reinforcing elements are oriented in a first direction in a mutual parallel or mutual substantially parallel position (Figure 2).
Regarding claim 12, Scherer teaches providing at least a first group of reinforcing elements (3), integrating said reinforcing elements in a substrate (5) comprising non-metal material with a melting temperature between 60 and 135 °C (paragraph [0019]).
Regarding claim 13, Scherer teaches an overlay of asphalt or bitumen (10) or any other bitumen based material applied over said structure for the reinforcement of pavements.
Regarding claim 14, Scherer teaches an interlayer (13) between said pavement and said structure for the reinforcement of pavements and/or between said structure for the reinforcement of pavements (3) and said bitumen overlay (10) .
Regarding claim 15, Scherer teaches a method of installing a structure for the reinforcement of pavements, said method comprising the steps of positioning a reinforcement structure of pavements (3) on a pavement surface (7);said structure having a longitudinal direction and a transverse direction, said structure comprising a first group of reinforcing elements (3), said reinforcing elements of said first group being oriented in a first direction in a mutual parallel or mutual substantially parallel position, said reinforcing elements (Figure 1) of said first group being integrated in a substrate (5) comprising a non-metal material with a melting temperature between 60 and 135 C (paragraph [0019]) applying an overlay of asphalt or bitumen (10) or any other bitumen based material over said structure for the reinforcement of pavements.
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelus et al. (2017/0241085) (“Cornelus”).
Regarding claim 8, Scherer teaches the invention as described above but fails to teach the reinforcing elements are integrated in to said substrate by at least one yarn. Cornelus teaches a reinforcing fabric for pavement having a reinforcing element integrated in to the substrate by at least one yarn (paragraph [0085]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate the reinforcing element of Scherer into the substrate via a yarn as taught by Cornelus to prevent the reinforcing element from shifting positions on the substrate and further as it is obvious to use a known technique to improve similar devices in the same way.
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. Kim teaches reinforcing fabric for pavements.
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.
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 at 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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABIGAIL A RISIC/Primary Examiner, Art Unit 3671 June 11, 2026
Prosecution Insights