DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 17 February 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the foreign patent document information referred to therein has not been considered.
Claim Rejections - 35 USC § 102
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.
Claims 8, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (KR 10-1216779).
Kim discloses a mobile road treatment system (100) having a material delivery module (150, 151) connected to a material preparation unit (170, for example) and mounted on a gantry (130, 132, 133) having X and Y axis members (Figure 3, for example). Because the material delivery device is commensurate with the description in the current specification, it meets the recitations of “material extrusion module.” There is a scanning module (160) and a control module is inherent in order for operation. There is a vehicle (Figure 1, for example). The scanner generates a geometric code for the road cavity and material is directed the material extrusion module to move along the axes to remain in a position above the road cavity. The material extrusion module (150, 151) deposits a repair material from the material preparation unit (170) with the extrusion module in position. Because the device of Kim is capable of remaining stationary, it is capable of hovering.
Regarding claim 10, Kim acquires images.
Regarding claim 11, because the scanning and filling activities are performed in “real time,” the recitations regarding the operation are deemed to be met.
Claim Rejections - 35 USC § 103
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., as applied above.
Further regarding claim 8, as discussed above, the control module configuration is deemed to be inherent. Further, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Kim as claimed in order to operate in the manner taught by Kim.
Regarding claim 1, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have enabled Kim to operate during vehicular movement in order to fill a crack larger than the area covered by a stationary gantry. This would also meet claim 14.
Claims 2 and 3 are met as discussed with respect to claim 8, above.
Regarding claims 4 and 9, the examiner takes Official notice that it is well known to use a server on a computing network connected to a work vehicle. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Kim as claimed in order to efficiently control the system.
Claims 5 and 6 are met as discussed with respect to claims 10 and 11, respectively, above.
Regarding claims 7, 12 and 13, the examiner takes Official notice that it is well known to incorporate additional road working implements with material depositing machines. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have included these in order to prep and finish the roadway, as is well known in the art.
Regarding method claims 15-20, given the modifications discussed above, claim limitations would be met.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references teach mobile road surface treatment systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30.
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, Christopher 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.
GARY S. HARTMANN
Primary Examiner
Art Unit 3671
/GARY S HARTMANN/Primary Examiner, Art Unit 3671
Prosecution Insights