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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “18” has been used to designate both the aerating tool and the engine in Fig. 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 22 is objected to because of the following informalities: line 2, “the rear tires” should be changed to –rear tires—. Appropriate correction is required.
Claim 22 is objected to because of the following informalities: lines 2-3, “the front tires” should be changed to –front tires—. Appropriate correction is required.
Claim 28 is objected to because of the following informalities: line 2, “machines” should be made singular. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 22 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention:
New claim 22 now requires wherein the machine is a zero turn machine. However, there is no support in the original disclosure for such a limitation. The limitation therefore comprises new subject matter.
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kinkead et al. US 2020/0113114 A1.
Independent Claim 21: Kinkead discloses a turf cultivating machine (10) comprising:
a frame (12) with a standing operating platform (96);
a cultivating tool (100) located forward of the standing operator platform (seen in Figs. 1, 5);
an engine (38) to power the cultivating tool disposed on a forward half of the machine (seen in Figs. 1, 5); and
a seeder (110) to deliver seed disposed forward of the cultivating tool (Fig. 5), as per claim 21.
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.
Claim(s) 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kinkead et al. in view of Bowen US 2012/0298022 A1.
Dependent Claims 22-25: The machine is disclosed as applied above. Kinkead further discloses wherein the rear tires (48, para. [0037], lns. 12-13) are driven independently and the front tires (30, para. [0032], ln. 10) are castering, as per claim 22;
wherein the cultivating tool (100) is configured to be turned on or off by an operator (via a switch, see the final three lines of para. [0014]); and
wherein the cultivating tool (100) is raised for turning (the operator may raise the tool for turning, paras. [0010-0011]), as per claim 23;
a control (the system comprised of levers, pedals and switches of the machine);
wherein the control is coupled to a foot switch (94) or a hand switch and configured to engage or disengage, based on actuation of the foot or hand switch, the cultivating tool (100, para. [0044], lns. 1-5), as per claim 24;
wherein the control (the system comprised of levers, pedals and switches of the machine) is further configured to turn the seeder (110) on and off (via a switch, see the final three lines of para. [0014]), as per claim 25.
However, Kinkead fails to disclose wherein the turf cultivating machines is a zero turn machine, as per claim 22.
Bowen discloses a similar turf cultivating machine that is a zero turn machine (para. [0026], lns. 13-14), as per claim 22.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the zero turn functionality of Bowen on Kinkead’s machine in order to provide tight turning for improved maneuverability.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kinkead et al. in view of Dryden US 2008/0229987 A1.
Independent Claim 27: Kinkead discloses a turf cultivating machine (10) comprising:
a frame (12) with a standing operating platform (96) at the rear of the turf cultivating machine;
a cultivating tool (100) located forward of the standing operator platform (see Figs. 1, 5);
an engine (38) to power the cultivating tool disposed on a forward half of the machine (see Figs. 1, 5); and
a seeder (110) to deliver seed, wherein the seeder is disposed forward of the cultivating tool (as seen in Figs. 1, 5), as per claim 27.
However, Kinkead fails to disclose wherein the seeder is disposed behind the engine, as per claim 27.
Dryden discloses a similar machine (10) wherein the seeder (20, para. [0069], lns. 3-4) is disposed behind the engine (16), as per claim 27.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the seeder behind the engine as taught by Dryden on the machine of Kinkead since such an arrangement is old and known in the art.
Claim(s) 28-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kinkead et al. in view of Dryden as applied to claim 27 above, and further in view of Bowen.
Dependent Claims 28-31: The machine is disclosed as applied above. Kinkead further discloses wherein the rear tires (48, para. [0037], lns. 12-13) are driven independently and the front tires (30, para. [0032], ln. 10) are castering, as per claim 28;
wherein the cultivating tool (100) may be turned on or off by the operator (via a switch, see the final three lines of para. [0014]) and the cultivating tool may be raised out of the ground for turning (the operator may raise the tool when turning, paras. [0010-0011]), as per claim 29;
a control (the system comprised of levers, pedals and switches of the machine);
wherein the control is coupled to afoot switch (94) or a hand switch and configured to engage or disengage, based on actuation of the foot or hand switch, the cultivating tool (100, para. [0044], lns. 1-5), as per claim 30;
wherein the control is further configured to turn the seeder (110) on and off (via a switch, see the final three lines of para. [0014]), as per claim 31.
However, the combination fails to disclose wherein the turf cultivating machines is a zero turn machine, as per claim 28.
Bowen discloses a similar turf cultivating machine that is a zero turn machine (para. [0026], lns. 13-14), as per claim 28.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the zero turn functionality of Bowen on Kinkead and Dryden’s machine in order to provide tight turning for improved maneuverability.
Response to Arguments
Please see the updated art rejections above in response to applicant’s new claims.
Allowable Subject Matter
Claims 26, 32 is allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca, can be reached at (571) 272-8971.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 December 11, 2025