This class provides for (1) highway, pathway or walkway structure, per se, including the form or arrangement of such structure for vehicular or foot traffic; (2) processes for making, installing, repairing or maintaining such structure; and (3) apparatus for installing, making, repairing or maintaining such structure where such structure, apparatus or process is not otherwise classifiable as either (a) specifically provided for in other loci or (b) of such general utility as to be provided for elsewhere on the basis of such general utility. (See Subclass References to the
Current Class, below, for known collections of such nature and the particular lines of demarcation.)
(1) Note. Claims not controlling in Patents prior to 1930. Patents prior to 1930 have not necessarily been classified by claims so that the placement of these old patents does not necessarily indicate lines of classification. Many of such old patents have been classified in accordance with their total disclosure. Most of the patents, however, regardless of their age have been assigned in accordance with their claimed subject matter.
(2) Note. This class (404) does not provide for materials or compositions, per se, used in the construction, maintenance or repair of roads. The identification of a specific road component, otherwise solely set forth in terms of its constituent materials, without significant structural description of said component is still not enough to effect classification in this class. See the search note, below, under Subclass References to the Current Class, for the specific loci for such materials and compositions.
SEE OR SEARCH THIS CLASS, SUBCLASS:
1, 2, 8, 19, 25, 34, 36, 37, 44, 45, 47, 70, 99, 134, and 135 for subject matter related to static structures, (e.g., buildings).
1, for subject matter related to railways.
1, 10, 35, and 47 for subject matter related to railways: surface track.
2, 9, 101, and 111 for subject matter related to fluid sprinkling, and diffusing. 2, 48, 87, and 96 for subject matter related to static molds.
2, 76, 77, 91, 95, and 133 for subject matter related to hydraulic and earth engineering.
2, for subject matter related to pipes and tubular conduits.
4, and 25 for subject matter related to fluid handling.
4, for subject matter related to liquid purification or separation.
6, and 25 for subject matter related to movable or removable closures.
6, for subject matter related to fences.
9, for subject matter related to card, picture, or sign exhibiting
9, 16 for subject matter related to signals and indicators.
9, for subject matter related to communications: electrical.
9, 12, 14, 15, and 22 for subject matter related to illumination. 9, for subject matter related to synthetic resins or natural rubbers.
14, 16, and 23 for subject matter related to optics: systems (including communication) and elements.
17, and 22 for subject matter related to stock material or miscellaneous articles.
19, and 76 for subject matter related to synthetic resins or natural rubbers.
19, for subject matter related to fire escape, ladder, or scaffold.
20, and 112 for subject matter related to abrading.
25, for subject matter related to ventilation.
25, for subject matter related to locks.
35, 89, 93, and 97 for subject matter related to brushing, scrubbing, and general cleaning.
72, and 94 for subject matter related to adhesive bonding and miscellaneous chemical manufacture.
72, and 84.05 for subject matter related to measuring and testing.
72, 75, and 76 for subject matter related to coating processes. 73, and 99 for subject matter related to handling: hand and hoist-line implements.
75, for subject matter related to plastic and nonmetallic article shaping or treating processes.
76, for subject matter related to compositions.
77, and 95 for subject matter related to stoves and furnaces.
77, for subject matter related to electric heating.
81, for subject matter related to classifying, separating, and assorting solids.
85, 90, 117, 121, 124, 129-131 for subject matter related to
earth working.
87, and 90 for subject matter related to stone working.
90, for subject matter related to excavating.
90, for subject matter related to solid material comminution or disintegration.
90, for subject matter related to mining or in situ disintegration or hard material. 90, and 133 for subject matter related to boring or penetrating the earth.
92, 95, 101, and 107 for subject matter related to dispensing.
93, for subject matter related to coating apparatus.
94, for subject matter related to coating implements with material supply.
94, for subject matter related to article dispensing.
97, and 114 for subject matter related to plastic article or earthenware shaping or treating: apparatus.
101, for subject matter related to conveyors, chutes, skids, guides, and ways.
113, for subject matter related to agitating.
117, and 133 for subject matter related to tools.
122, for subject matter related to motor vehicles.
122, for subject matter related to metal working.
133, for subject matter related to tool driving or impacting. REFERENCES TO OTHER CLASSES
SEE OR SEARCH CLASS
14, Bridges,
73, for floor or special roadway structure of bridges.
16, Miscellaneous Hardware,
4+, for artificial turf fasteners. In general the securement means for the amusement, exercise and game surfaces provided for in Class 472, Class 482, Class 473 are considered skin to carpet fasteners unless specific road structure is claimed, that is, more than mere ground support or an earth stake.
37, Excavating, appropriate subclasses, for apparatus and processes relating to digging, moving or handling earth; especially
381+, for scraping or grading a roadbed. (See reference to Class 172, below, for related subject matter).
40, Card, Picture, or Sign Exhibiting,
541+, for illuminated signs, subclasses 584+ for signs in general, and especially subclass 612 for highway signs which impart traffic information (e.g., "STOP", "OHIO AVE", "NO PARKING", etc.) whether permanently affixed to the road or pavement or merely mounted near the highway. Inclusion of significant road structure, other than required to accommodate the sign or sign support, will effect classification in Class 404.
52, Static Structures (e.g., Buildings), appropriate subclasses, for structure of such general utility as not to be limited to highway or walkway use; see particularly 174+, for the combination of vertical building structure and road or pavement features.
105, Railway Rolling Stock,
375, and 422 for auxiliary floors and floors for railway rolling stock.
106, Compositions: Coating or Plastic, for materials, per se, especially materials which set or harden to retain a given shape; e.g. concrete, asphalt, etc. -although specially designed for paving or roadways; Included in Class 106, with the compositions, are processes of preparing such compositions where such process is not otherwise restricted to road building; e.g. (a) merely molding, laying or coating a Class 106 composition to form a roadway combined with preparing the composition is classifiable in Class 106 while (b) preparing a Class 106 composition combined with treatment or handling relating either to characteristics of other road components or to another process step peculiar to road building is classifiable in Class 404.
114, Ships,
85, for process of and apparatus for making ship decks.
118, Coating Apparatus, appropriate subclasses, for apparatus for surface coating or impregnating the earth, roadway or roadway portions (including striping or marking machines). The combination of means to coat, or impregnate, and other means for in situ treatment of the earth, roadway or roadway portion, is classifiable in Class 404.
126, Stoves and Furnaces,
271.2, for specific pavement heater structure (e.g., burners) and subclass 343.5 for furnaces for melting other than snow.
172, Earth Working, appropriate subclasses, for apparatus for and process of working the earth in situ. While Class 404 provides for simple, smooth surfaced, compacting rollers and compacting rollers with blunt ended teeth (i.e., sheep's foot roller), which rollers are used both to compact the earth and roadways; Class 172 provides for other rolling, rotating or orbitally moving earth working devices (see particularly the types set out under
518+, ) and for devices classifiable in Class 404, combined with or convertible to, Class 172 devices. In general, the area of overlap between these two classes-other than as indicted above-can only be resolved by a judgement decision based on large measure on (a) whether utility is general (for Class 172) or limited to road building (for Class 404) or (b) which of the two classes provides specific subclasses for the subject matter involved or (c) current placement of documents in both classes. Obviously, a search will in many instances be required in both classes. 174, Electricity: Conductors and Insulators,
39, for road structure combined with and restricted to underground electrical installations.
182, Fire Escape, Ladder, or Scaffold,
222, for platform or workman support structure.
241, Solid Material Comminution or Disintegration, appropriate subclasses, for process of and apparatus for breaking up of road material, per se. The combination of roadway material comminution and distribution to form a new roadway is classifiable in Class 404. (See reference to Class 299, below).
249, Static Molds,
1+, for in situ-type molds for forming roadways or roadway portions and not combined with means to work or treat the earth.
252, Compositions, appropriate subclasses, for compositions of matter though solely disclosed as useful in road making.
264, Plastic and Nonmetallic Article Shaping or Treating: Processes,
31+, for processes of forming structural installations in situ; which include only the steps of molding monolithic uniform composition structure and/or compacting, treating, stressing or surface working the material to perfect the molding or curing of the molded body (forming parts by a
molding operation and uniting in situ by a second molding operation is also classifiable in Class 264, subclasses 31+); subclass 69 for processes of molding which include the step of vibrating, agitating, or jarring; and subclass 349 for processes of molding which include the step of tamping.
299, Mining or In Situ Disintegration of Hard Material, appropriate subclasses, for breaking up of roadway structure. The combination of roadway comminution and distribution to form a new roadway is classifiable in Class 404. 366, Agitating, appropriate subclasses (e.g., 241+) for specific agitating structure.
405, Hydraulic and Earth Engineering,
15+, for foraminous mats used as erosion control; subclasses 36+ for specific drainage structure (e.g., pipe, culvert); subclasses 132+ for tunnels; subclasses 231+ for installation of a pier or pier shape; and subclasses 258, 270, and 271 for earth treatment other than for a roadbed.
425, Plastic Article or Earthenware Shaping or Treating: Apparatus, appropriate subclasses for apparatus involved in fabricating elements off site (precast elements formed then transported to the site).
427, Coating Processes,
136+, for methods of applying protective coatings on a pavement, and appropriate subclasses for applying a protective coating to components (e.g., rebar).
523, subclasses 132+ for a composition having utility in situ as a soil conditioner or stabilizer; subclass 150 for a friction element composition which imparts nonskidding or nonslipping properties to surfaces used in pedestrian or vehicular movement; and subclass 172 for a composition designed to be applied for marking pavements or roads, or for signs defining traffic lanes, pedestrian crosswalks, traffic instruction, or as an applied reflex-reflector.
GLOSSARY:
AGITATION
Brisk shaking, regular or motion, or to-and-fro movement of material or device to effect any one or several of many different purposes during road building, (e.g., vibration imparted to road aggregate for compaction, agitation of uncured road slab to provide a smooth upper surface or agitation of material to mix constituents). Individual subclass definitions must be checked for possible special limitations imposed upon the use of this term - e.g., subclasses 113 and 133.
DOWEL Rod or bar reinforcement-often relatively movable with respect to road, pavement or joint components-which reinforcement bridges, links or joins adjacent components so that load, stress or movement of one component is both inhibited by, and transmitted to, another component.
FINISHING
Treatment or working of material to either (1) modify the internal orientation of constituents of a mass of material (usually a mixture of road aggregate) or (2) provide a desired surface characteristic for such massed material. The terms "finishing" has been loosely used in patent literature to cover many different processes and devices so long as the desired result is achieved. For this reason the term has not been used in subclass titles.
JOINT
(1) Structure linking or uniting adjacent components, or (2) a gap between adjacent components or (3) a parting member or spacer between adjacent components.
LAYER
Stratum, course, lamina, coating or sheet which is sufficiently recognizable as such regardless of the constituent material involved. Interface blending of otherwise distinct layers still leaves plural layers.
MODULE
Monolithic component such as brick, block, slab, panel, tile, sheet, precast or preformed member, etc. which may be utilized (1) in repetitious juxtaposition with similar components, (2) with nonmodular components or (3) alone to constitute road structure.
PAVEMENT
Hardened, treated or "finished" surface of a roadway-or an upper "layer" thereof-exposed to the wear of traffic. This roadway portion may constitute either (1) the entire roadway with respect to untreated or unworked earth or (2) no more than an upper course of a multilayer structure. In many instances, the "pavement" itself is made up of more than one distinct stratum.
TOOL Material modifying or treating instrumentality actually contacting material (e.g., a roller or screed component of a road making machine) or the most proximate instrumentality guiding or directing modifying or treating energy against material (e.g., a nozzle of a soil stabilization device or a heating means of a road repair machine.