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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation "the at least one additional laminate layer". Claim 13 and 1, from which claim 14 depends do not recite the presence of “at least one additional laminate layer” and require “a second laminate layer”, a “first flexible laminate” and “a second flexible laminate” and therefore it is unclear which laminate claim 14 is limiting (i.e. one of the recited laminate in claim 1 or all of the recited laminates). The examiner also notes “one or more additional laminates layers” is introduced in non-intervening claim 4 and it is unclear if the at least one additional laminate layer is referring to these laminates introduced at claim 4. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-13 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art cited or reviewed by the examiner, alone or in combination reasonably discloses or makes obvious the totality of the claims as drafted, specifically, the sequence of laminate layers and geotextile and orientation of those layers with respect to each other as well as to the joint and region around the joint (see e.g. first laminate on concrete excluding the joint and region surrounding the joint, first flexible laminate over the region, geotextile over the joint and the region, etc.).
Examiner cites here the following prior art references.
RU 2720542 discloses a method for applying a surface coating to a concrete surface including applying a primer layer, applying a first laminate layer, applying an additional laminate layer and placing an outer coating on the outermost laminate layer (see e.g. page 4, Utility Model Feasibility, primer, one or more layers of reinforcement layer and outer layer, Figure 1 and accompanying text); however, the reference fails to disclose the various spatial arrangement of the layers relative to each other and the joint/area surrounding the joint.
JP H10102792 discloses coating concrete using a multilayer laminate, including reinforcement layer and primer, and discloses preparing the substrate by cleaning the substrate prior to coating to prepare the substrate for coating to remove dirt, filling cracks, degreasing with soapy water and/or acetone (003-005); however, the reference fails to disclose the various spatial arrangement of the layers relative to each other and the joint/area surrounding the joint.
US Patent 20050214527 discloses temperature control of concrete and materials for repair (0029); however, the reference fails to disclose the various spatial arrangement of the layers relative to each other and the joint/area surrounding the joint.
AU 5953300 also discloses a method for applying laminate to a joint of the concrete surface, including a primer and multiple laminate layers (see e.g. Figures); however, the reference fails to disclose the various spatial arrangement of the layers relative to each other and the joint/area surrounding the joint.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID P TUROCY whose telephone number is (571)272-2940. The examiner can normally be reached Mon, Tues, Thurs, and Friday, 7:00 a.m. to 5:30 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID P TUROCY/Primary Examiner, Art Unit 1718