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 § 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 26-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zwieg (US 2013/0074467).
Regarding claim 26, Zwieg discloses a grounds maintenance vehicle [100] comprising:
a vehicle frame [110];
an implement [280, 300] coupled to the vehicle frame [110];
and a height selection tool [122, 124] configured to change a vertical position of the implement [118] relative to the vehicle frame [110], the height selection tool [122, 124] comprising:
a first shaft [340] pivotably coupled to the vehicle frame [110];
a pivotable handle [206] fixed to the first shaft [340] (Pivotable handle [206] is fixed to the first shaft [340] via [410], lifting link [412], second bell crank [358R], first rigid linkage [360R], and first bell crank [356R].);
a first bell crank [356R] rigidly coupled to the first shaft [340],
the first bell crank [356R] defining a first implement arm (as seen in annotated Fig. 7 below) extending radially outward from the first shaft [340] and a first linkage arm (as seen in annotated Fig. 7 below) extending radially outward from the first shaft [340];
a second bell crank [358R] pivotably coupled to the vehicle frame [110] about a first axis [354],
the second bell crank [358R] defining a second implement arm (as seen in annotated Fig. 7 below) extending radially outward from the first axis [354] and a second linkage arm (as seen in annotated Fig. 7 below) extending radially outward from the first axis [354];
a first rigid linkage [360R] coupling the first linkage arm (as seen in annotated Fig. 7 below) and the second linkage arm (as seen in annotated Fig. 7 below), wherein the implement [118] is coupled to the first implement arm (as seen in annotated Fig. 7 below) and the second implement arm (The implement [280, 300] is indirectly coupled to the first and second implement arm (part of 356R and 358R) via a chain as disclosed in page 4 section 0048 line 12 – page 5 section 0048 line 4);
and a first spring [362R] having a first end fixed to the vehicle frame [110] and a second end fixed to the first rigid linkage (The spring [362R] is indirectly fixed to the first rigid linkage [360R] via bell crank [356R]).
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Regarding claim 27, Zwieg discloses the grounds maintenance vehicle of claim 26, wherein the handle [206], the first shaft [340], and the first bell crank [356R] are pivotable about a rotational axis (Handle [206] is pivotable about rotational axis [354] via bell crank [358R]. First shaft [340] and first bell crank [356R] are pivotable about a rotational axis coaxial to the first shaft [340]).
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 31 is rejected under 35 U.S.C. 103 as being unpatentable over Zwieg (US 2013/0074467).
Regarding claim 31, Zwieg discloses a grounds maintenance vehicle [100] comprising:
a vehicle frame [110];
an implement [280, 300] coupled to the vehicle frame [110];
and a height selection tool [122, 124] configured to change a vertical position of the implement [118] relative to the vehicle frame [110], the height selection tool [122, 124] comprising:
a first shaft [340] pivotably coupled to the vehicle frame [110];
a first bell crank [356R] rigidly coupled to the first shaft [340,
the first bell crank [356R] defining a first implement arm (as seen in annotated Fig. 7 below) extending radially outward from the first shaft [340] and a first linkage arm (as seen in annotated Fig. 7 below) extending radially outward from the first shaft [340];
a second bell crank [358R] pivotably coupled to the vehicle frame [110] about a first axis [354],
the second bell crank [356R] defining a second implement arm (as seen in annotated Fig. 7 below) extending radially outward from the first axis [354] and a second linkage arm (as seen in annotated Fig. 7 below) extending radially outward from the first axis [354];
a first rigid linkage [360R[ coupling the first linkage arm (as seen in annotated Fig. 7 below) and the second linkage arm (as seen in annotated Fig. 7 below), wherein the implement [118] is coupled to the first implement arm (as seen in annotated Fig. 7 below) and the second implement arm (part of 356R and 358R) via a chain as disclosed in page 4 section 0048 line 12 – page 5 section 0048 line 4);
and a first spring [362R] having a first end fixed to the vehicle frame [110] and a second end fixed to the first rigid linkage (The spring [362R] is indirectly fixed to the first rigid linkage [360R] via bell crank [356R]),
However, Zwieg does not disclose wherein an angle between the first spring and a plane defined by the second bell crank is no more than 15 degrees.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the angle between the first spring and a plane defined by the second bell crank be no more than 15 degrees in order to prevent to the spring from extending outward too far and interfering with other components of the vehicle since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. It is also noted that in Zwieg’s Fig. 7, the first spring appears to be substantially parallel to plane defined by the second bell crank.
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Allowable Subject Matter
Claims 1-2 and 4-11 are allowed.
Claims 28-30 and 32-35 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed on 10/01/2025, with respect to claims 1-11 have been fully considered and are persuasive. The rejection of claims 1-11 has been withdrawn.
Applicant's arguments filed on 10/01/2025 in regards to claim 2 have been fully considered but they are not persuasive. Applicant argues that Zwieg does not teach the general conditions of claim 2. However in Zwieg’s Fig. 7, the first spring appears to be substantially parallel to plane defined by the second bell crank. Also, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the angle between the first spring and a plane defined by the second bell crank be no more than 15 degrees in order to prevent to the spring from extending outward too far and interfering with other components of the vehicle.
On page 9, applicant asserts that claim 26 is supported by claims 1 and 9. However, the component of claim 26 that is supported by claim 9 does not reflected the currently amended claim 9 that discloses the “pivotable handle is directly fixed to the first shaft”.
On page 9-10, applicant also argues “The broadest reasonable interpretation of the term "a rotational axis" cannot reasonably be interpreted to mean "multiple rotational axes" and should be interpreted to be singular, as is clear from the claim language itself.” However, when in respect to multiple objects ie. the handle, first bell crank, and first shaft, it is reasonable to interpret that each component rotate about an axis but necessarily the same one.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lancaster (US 8919087) discloses a height cut adjustment system for mower cutting deck. Fredenburg (US 2021/0105938) discloses a ground maintenance vehicle with adjustable implement angle. Siegrist (US 4869057) discloses a mower deck height and angle control system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY A KAERCHER whose telephone number is (571)270-0128. The examiner can normally be reached M-F (8-4:30).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHLEY A KAERCHER/Examiner, Art Unit 3671 1/6/2026
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671