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 .
Response to Arguments
Applicant Amendments and Remarks filed on 06/02/2026 in response to the Non-Final office action mailed on 04/22/2026 have been fully considered and are addressed as follows:
Regarding the Claim Objections: The objections are withdrawn, as the claim amendments have properly addressed the informalities recited in the Non-Final office action.
Regarding the Claim Rejections under 35 USC §§ 102 and 103: With respect to the previous claim rejections under 35 U.S.C. §§ 102 and 103, Applicant has amended the independent claims and these amendments have changed the scope of the original application. Therefore, the Office has supplied new grounds of rejection attached below in the FINAL office action and therefore the prior arguments are considered moot.
FINAL OFFICE ACTION
Claim Objections
Claim 17 is objected to because of the following informalities:
Claim 17 recites “the detected parameter” which should be “the at least one of the shape or the size” based on the amended limitation.
Appropriate correction is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 5, 6, 8, 13, 14, 17, and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. (CN 114293434 A, hereinafter “Zhang”). The rejections below are based on the machine translation of Zhang.
Regarding claim 1, Zhang discloses a method of building a road, comprising:
moving a machine over a surface on which the road is to be built (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”);
applying a binder to the surface during the moving (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of emulsified asphalt (i.e., “binder”) is first applied);
applying a reinforcement on top of the binder (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of crushed stone (i.e., “reinforcement”) is applied over the layer of emulsified asphalt);
detecting at least one of a shape or size of the reinforcement during application of the reinforcement (Zhang at pg. 3, ln. 32-35: “The present invention firstly adopts the sensing system mainly based on ultrasonic sensor, pressure sensor, rotational speed sensor and infrared sensor to monitor the output of three kinds of materials in real time, and analyzes the detected information through the data layer, feature layer and decision layer to determine the final adjustment parameters, get the current ratio of the output of the three materials, and compare it with the theoretical ratio to get the object to be adjusted”; pg. 3, ln. 46-47: “the PID control is realized by the amount of stone detected by the sensor”; The amount of stone (i.e., “the size of the reinforcement”)); and
selectively adjusting a non-zero amount of the binder being applied based on the detected at least one of the shape or the size of the reinforcement (Zhang at pg. 2, ln. 9-11: “By adjusting the opening size of the proportional control valve in the gravel spreading device, the asphalt spreading device and the fiber spreading device, the corresponding asphalt pump of each working device can be changed”; pg. 3, ln. 36-39: “in the PID controller, through the sensor detection of the amount of stone, drum speed, conveyor belt Speed, pump displacement, pump speed, spray beam asphalt pressure composition information, use PID control method to adjust the opening size of the electric proportional valve, so as to adjust the hydraulic motor speed of each working device to realize the adjustment of the current material output”).
Office Note: The term “size” is interpreted as “physical magnitude, extent, or bulk : relative or proportionate dimensions” which includes amount (See “Size.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/size. Accessed 10 Aug. 2026.).
Regarding claim 2, Zhang discloses the method of claim 1.
Zhang further discloses wherein applying the reinforcement includes applying the reinforcement during the moving (Zhang at pg. 2, ln. 7-8: “It is necessary to adjust the flow rate of gravel, asphalt and fiber in real time according to the speed of the synchronous sealing vehicle”; The gravel (i.e., “reinforcement”) is applied while the synchronous sealing vehicle is moving at the speed)).
Regarding claim 5, Zhang discloses the method of claim 1.
Zhang further discloses wherein:
applying the binder includes applying the binder with the first machine (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of emulsified asphalt (i.e., “binder”) is first applied); and
applying the reinforcement on top of the binder includes applying the reinforcement with the first machine during the moving (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of crushed stone (i.e., “reinforcement) is applied over the layer of emulsified asphalt); pg. 2, ln. 7-8: “It is necessary to adjust the flow rate of gravel, asphalt and fiber in real time according to the speed of the synchronous sealing vehicle”; The gravel (i.e., “reinforcement”) is applied while the synchronous sealing vehicle is moving at the speed)).
Regarding claim 6, Zhang discloses the method of claim 5.
Zhang further discloses wherein detecting includes generating a signal with at least one sensor mounted to the first machine (Zhang at pg. 3, ln. 32-35: “The present invention firstly adopts the sensing system mainly based on ultrasonic sensor, pressure sensor, rotational speed sensor and infrared sensor to monitor the output of three kinds of materials in real time, and analyzes the detected information through the data layer, feature layer and decision layer to determine the final adjustment parameters, get the current ratio of the output of the three materials, and compare it with the theoretical ratio to get the object to be adjusted”).
Regarding claim 8, Zhang discloses the method of claim 1.
Zhang further discloses wherein:
the binder is asphalt (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of emulsified asphalt (i.e., “asphalt”) is first applied); and
the reinforcement is aggregate (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of crushed stone (i.e., “aggregate”) is applied over the layer of emulsified asphalt).
Regarding claim 13, Zhang discloses the method of claim 1.
Zhang further discloses wherein the detecting and the adjusting are performed in real time (Zhang at pg. 3, ln. 32-35: “The present invention firstly adopts the sensing system mainly based on ultrasonic sensor, pressure sensor, rotational speed sensor and infrared sensor to monitor the output of three kinds of materials in real time, and analyzes the detected information through the data layer, feature layer and decision layer to determine the final adjustment parameters, get the current ratio of the output of the three materials, and compare it with the theoretical ratio to get the object to be adjusted”; pg. 3, ln. 36-39: “in the PID controller, through the sensor detection of the amount of stone, drum speed, conveyor belt Speed, pump displacement, pump speed, spray beam asphalt pressure composition information, use PID control method to adjust the opening size of the electric proportional valve, so as to adjust the hydraulic motor speed of each working device to realize the adjustment of the current material output”).
Regarding claim 14, Zhang discloses the method of claim 1.
Zhang further discloses wherein applying the binder includes causing the machine to automatically apply the adjusted non-zero amount of the binder (Zhang at pg. 2, ln. 9-11: “By adjusting the opening size of the proportional control valve in the gravel spreading device, the asphalt spreading device and the fiber spreading device, the corresponding asphalt pump of each working device can be changed”; pg. 3, ln. 36-39: “in the PID controller, through the sensor detection of the amount of stone, drum speed, conveyor belt Speed, pump displacement, pump speed, spray beam asphalt pressure composition information, use PID control method to adjust the opening size of the electric proportional valve, so as to adjust the hydraulic motor speed of each working device to realize the adjustment of the current material output”).
Regarding claim 17, Zhang discloses a method of building a road, comprising:
moving a machine over a surface on which the road is to be built (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”);
applying a first material to the surface during the moving (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of emulsified asphalt (i.e., “first material”) is first applied);
applying a reinforcement on top of the first material (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of crushed stone (i.e., “reinforcement”) is applied over the layer of emulsified asphalt (i.e., “first material”));
detecting at least one of a shape or a size of one of the first material or the reinforcement during application (Zhang at pg. 3, ln. 32-35: “The present invention firstly adopts the sensing system mainly based on ultrasonic sensor, pressure sensor, rotational speed sensor and infrared sensor to monitor the output of three kinds of materials in real time, and analyzes the detected information through the data layer, feature layer and decision layer to determine the final adjustment parameters, get the current ratio of the output of the three materials, and compare it with the theoretical ratio to get the object to be adjusted”; pg. 3, ln. 46-47: “the PID control is realized by the amount of stone detected by the sensor”; The amount of stone (i.e., “the size of the reinforcement”)); and
selectively adjusting a non-zero amount of another of the first material or the reinforcement being applied based on the detected parameter of the one of the first material or the reinforcement (Zhang at pg. 2, ln. 9-11: “By adjusting the opening size of the proportional control valve in the gravel spreading device, the asphalt spreading device and the fiber spreading device, the corresponding asphalt pump of each working device can be changed”; pg. 3, ln. 36-39: “in the PID controller, through the sensor detection of the amount of stone, drum speed, conveyor belt Speed, pump displacement, pump speed, spray beam asphalt pressure composition information, use PID control method to adjust the opening size of the electric proportional valve, so as to adjust the hydraulic motor speed of each working device to realize the adjustment of the current material output”).
Office Note: The term “size” is interpreted as “physical magnitude, extent, or bulk : relative or proportionate dimensions” which includes amount (See “Size.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/size. Accessed 10 Aug. 2026.).
Regarding claim 18, Zhang discloses a method of building a road, comprising:
moving a machine over a surface on which the road is to be built (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”);
applying a binder to the surface during the moving (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of emulsified asphalt (i.e., “binder”) is first applied);
applying a reinforcement on top of the binder (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of crushed stone (i.e., “reinforcement”) is applied over the layer of emulsified asphalt);
using at least one machine-mounted sensor to generate a signal indicative of at least one of a size or a shape of the reinforcement detected as the reinforcement is being applied on top of the binder (Zhang at pg. 3, ln. 32-35: “The present invention firstly adopts the sensing system mainly based on ultrasonic sensor, pressure sensor, rotational speed sensor and infrared sensor to monitor the output of three kinds of materials in real time, and analyzes the detected information through the data layer, feature layer and decision layer to determine the final adjustment parameters, get the current ratio of the output of the three materials, and compare it with the theoretical ratio to get the object to be adjusted”; pg. 3, ln. 46-47: “the PID control is realized by the amount of stone detected by the sensor”; The amount of stone (i.e., “the size of the reinforcement”)); and
using a specially programmed processor to selectively and automatically adjust in real or near-real time a non-zero amount of the binder being applied based on the signal (Zhang at pg. 2, ln. 9-11: “By adjusting the opening size of the proportional control valve in the gravel spreading device, the asphalt spreading device and the fiber spreading device, the corresponding asphalt pump of each working device can be changed”; pg. 3, ln. 36-39: “in the PID controller, through the sensor detection of the amount of stone, drum speed, conveyor belt Speed, pump displacement, pump speed, spray beam asphalt pressure composition information, use PID control method to adjust the opening size of the electric proportional valve, so as to adjust the hydraulic motor speed of each working device to realize the adjustment of the current material output”).
Office Note: The term “size” is interpreted as “physical magnitude, extent, or bulk : relative or proportionate dimensions” which includes amount (See “Size.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/size. Accessed 10 Aug. 2026.).
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.
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.
Claims 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Christian et al. (US 10,246,835 B1, hereinafter “Christian”).
Regarding claim 3, Zhang discloses the method of claim 1.
Zhang further discloses the machine is a first machine (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”);
applying the binder includes applying the binder with the first machine (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of emulsified asphalt (i.e., “binder”) is first applied); and
However, Zhang does not explicitly state:
the method includes moving a second machine over the surface;
applying the reinforcement on top of the binder includes applying the reinforcement with the second machine.
In the same field of endeavor, Christian teaches:
the method includes moving a second machine over the surface (Christian at col. 7, ln. 12-19: “Chip spreader 18 has receiving hopper 31 on its rear end and spreader assembly 32 on its front end. Receiving hopper 31 is adapted to receive chips from chip supply dump truck 19, and conveyor assembly 33 is adapted to convey these chips from receiving hopper 31 to spreader assembly 32, which disperses the chips across the roadway atop the newly discharged foamed asphalt cement”);
applying the reinforcement on top of the binder includes applying the reinforcement with the second machine (Christian at col. 7, ln. 12-19: “Chip spreader 18 has receiving hopper 31 on its rear end and spreader assembly 32 on its front end. Receiving hopper 31 is adapted to receive chips from chip supply dump truck 19, and conveyor assembly 33 is adapted to convey these chips from receiving hopper 31 to spreader assembly 32, which disperses the chips across the roadway atop the newly discharged foamed asphalt cement”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang by adding the second machine of Christian with a reasonable expectation of success. Merely separating one machine configuration of Zhang into two machine configuration of Christian is obvious to one skilled in the art. The motivation to modify the method of Zhang in view of Christian is to provide variations to chip sealing process.
Regarding claim 19, Zhang discloses the method of claim 18.
Zhang further discloses wherein:
the machine is a distributor (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”);
the binder is asphalt sprayed on to the surface from nozzles mounted on the distributor (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”);
the reinforcement is aggregate (Zhang at pg. 1, ln. 8-10: “The fiber asphalt crushed stone sealing technology is to spread a layer of emulsified asphalt, a layer of fibers and a layer of emulsified asphalt at the same time through the fiber asphalt crushed stone synchronous sealing machine, and then spread the crushed stone for rolling, and the emulsified asphalt is broken to form strength”; The layer of crushed stone (i.e., “aggregate”) is applied over the layer of emulsified asphalt); and
However, Zhang does not explicitly state:
the aggregate is applied by a spreader machine moving along the surface behind the distributor.
In the same field of endeavor, Christian teaches:
the aggregate is applied by a spreader machine moving along the surface behind the distributor (Christian at col. 7, ln. 12-19: “Chip spreader 18 has receiving hopper 31 on its rear end and spreader assembly 32 on its front end. Receiving hopper 31 is adapted to receive chips from chip supply dump truck 19, and conveyor assembly 33 is adapted to convey these chips from receiving hopper 31 to spreader assembly 32, which disperses the chips across the roadway atop the newly discharged foamed asphalt cement”; FIG. 3: The chip spreader 18 (i.e., “spreader machine”) is following behind the modified liquid asphalt cement supply truck 17 (i.e., “distributor”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang by adding the spreader machine of Christian with a reasonable expectation of success. Merely separating one machine configuration of Zhang into two machine configuration of Christian is obvious to one skilled in the art. The motivation to modify the method of Zhang in view of Christian is to provide variations to chip sealing process.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Christian further in view of Thiesse et al. (US 2023/0139560 A1, hereinafter “Thiesse”).
Regarding claim 4, Zhang in view of Christian teaches the method of claim 3.
Zhang further discloses wherein detecting includes generating a signal with at least one sensor (Zhang at pg. 3, ln. 32-35: “The present invention firstly adopts the sensing system mainly based on ultrasonic sensor, pressure sensor, rotational speed sensor and infrared sensor to monitor the output of three kinds of materials in real time, and analyzes the detected information through the data layer, feature layer and decision layer to determine the final adjustment parameters, get the current ratio of the output of the three materials, and compare it with the theoretical ratio to get the object to be adjusted”).
However, Zhang in view of Christian does not explicitly state:
at least one sensor mounted to the second machine.
In the same field of endeavor, Thiesse teaches:
at least one sensor mounted to the second machine (Thiesse at para. [0015]: “The asphalt plant 104 may form the hot asphalt mix 102 (e.g., a mixture fine and coarse aggregates, such as sand, gravel, and rock, with bitumen) and store the asphalt in a silo 110” “As best shown in FIG. 3, the paver machine 108 may form the mat of asphalt 102 by conveying the asphalt from the hopper 116 along a conveyor 120 to one or more augers 122, and then to a screed 124 of the paver machine 108”; para. [0022]: “one or more cameras 402 may be located at a rear end of the paver machine 108 to view the mat of asphalt 102 for detection of segregation”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang in view of Christian by adding the sensor of Thiesse with a reasonable expectation of success. The motivation to modify the method of Zhang in view of Christian further in view of Thiesse is to evaluate the paving material to detect defects.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Glee et al. (US 2009/0142133 A1, hereinafter “Glee”).
Regarding claim 15, Zhang discloses the method of claim 1.
However, Zhang does not explicitly state further including:
collecting at least one of environmental data and historical data for locations along the surface on which the road is to be built; and
selectively adjusting a base application rate of the binder according to the at least one of environmental data or historical data.
In the same field of endeavor, Glee teaches further including:
collecting at least one of environmental data and historical data for locations along the surface on which the road is to be built (Glee et al. at para. [0033]: “A predicted temperature map of a work area, including paving material temperatures at each of the selected positions behind machines 12, 14 and 16 may be generated”); and
selectively adjusting a base application rate of the binder according to the at least one of environmental data or historical data (Glee et al. at para. [0021]: “relatively hotter asphalt in the paving material can flow relatively readily”; The paving material includes asphalt (i.e., “binder”); para. [0044]: “where paving material temperature immediately behind paving machine 12 is determined to be too cool, electronic control unit 32 may output control signals to conveyor system 23 to increase its rate of supplying paving material to screed 24, and may also output control signals to a propulsion system of machine 12 (not shown) to increase the speed of operation of ground engaging elements 22 to increase machine travel speed”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang by adding the environment data of Glee with a reasonable expectation of success. The motivation to modify the method of Zhang in view of Glee is to optimize paving work under certain conditions.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Glee further in view of Doherty et al. (US 2005/0246088 A1, hereinafter “Doherty”) and Donelson (US 2015/0322632 A1).
Regarding claim 16, Zhang in view of Glee teaches the method of claim 15.
However, Zhang in view of Glee does not explicitly state:
further including selectively causing the machine to automatically apply at least one of a primer or a hardener to the surface based on the at least one of environmental data or historical data.
In the same field of endeavor, Doherty teaches:
further including selectively causing the machine to automatically apply (Doherty at para. [0037]: “Vehicle surface conditions, for example road conditions, may be affected by changes in temperature and material concentrations. Therefore, system 200 may include a variety of sensors, for example, resistance temperature detectors, thermocouple, infrared temperature sensors, conductivity detectors, close proximity electromagnetic radiation (EMR) transmitters and detectors or transceivers, friction measurement devices, and other material analysis systems such as a spectrographic analysis system (e.g., a mass spectrometer)”; para. [0042]: “Treatments may be automatically selected (i.e., by computer 216 or 218) in response to sensed conditions, or an operator of the vehicle may select a desired treatment, for example, from a list of recommended surface treatments generated by local or remote computer 216, 218. A selected treatment may be automatically or manually applied, initiated either at local computer 216 or remote station 218. Selection and application may be modified at computer 216 or remote station 218, automatically or manually, according to environmental factors, including existing or approaching weather conditions, location of the vehicle and desired surface conditions”; para. [0044]: “The same or a similar system, as described herein, may also be used to control a single granular or liquid material or more than two materials, whether they be liquids or granular materials and in any combination”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang in view of Glee by adding the selective application of Doherty with a reasonable expectation of success. The motivation to modify the method of Zhang in view of Glee further in view of Doherty is to optimize application of liquid material for road surface treatment.
However, Zhang in view of Glee further in view of Doherty does not explicitly state:
at least one of a primer or a hardener.
In the same field of endeavor, Donelson teaches:
at least one of a primer or a hardener (Donelson at para. [0024]: “To re-surface a pavement surface, a slurry material 202 is stored in a mobile device (not shown), e.g., in bulk tank storage of the mobile device. Slurry material 202 includes emulsified oil and aggregate. Slurry material 202 may further include one or more of emulsified asphalt, water, catalysts ( e.g., Portland cement), chemicals to slow system break, fiber material, and other materials”; para. [0033]: “System 300 includes a delivery mechanism 302, a dispersing bar 304, a material dispersal device 100, an additional delivery mechanism 306, an additional dispersing bar 308, and optionally includes a finishing bar 310. Delivery mechanism 302 applies a primer coating, a slurry, and/or other material to the pavement surface which is dispersed by dispersing bar 304”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang in view of Glee further in view of Doherty by adding the primer or the hardener of Donelson with a reasonable expectation of success. The motivation to modify the method of Zhang in view of Glee further in view of Doherty and Donelson is to optimize application of liquid pavement material.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 2, 8, 17, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12392095. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 2, 8, 17, and 18 are anticipated by the reference patent claim 1.
Claim 1 of U.S. Patent No. 12392095 recites “moving a machine over a surface on which the road is to be built; generating a signal indicative of a texture of the surface during movement of the machine over the surface; detecting a location of the texture on the surface; determining, using a specially programmed processor, an amount of a material to be applied to the location of the texture on the surface based on the signal; and automatically applying the amount of the material to the location of the texture on the surface to build the road, wherein: the material is an asphalt material; the amount of the material is selected at least in part based on a specified parameter of an aggregate to be subsequently applied on top of the material; and the method further includes: detecting an actual parameter of the aggregate during application of the aggregate on to the material; and selectively adjusting the amount of the material being applied based on the actual parameter of the aggregate” (emphasis added).
Therefore, patent claim 1 of U.S. Patent No. 12392095 is in essence a “species” of the generic invention of application claims 1, 2, 8, 17, and 18. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic invention. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found in the attached PTO-892 form.
Larson et al. (US 2009/0097918 A1): Larson et al. states that application rates of both binder and aggregate increase when using larger aggregate (See para. [0027] and [0075]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JISUN CHOI/Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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