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 .
Response to Arguments
Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive.
Applicant argues “locking may be accomplished by joining [the lock 250] to an unseen latch within the cavity 203 (i.e., radially inward from the water-proof boss 2041)” (top of page 9 in Remarks). Applicant further states that “such a structure would be antithetical to the purpose of the drainage groove 2042, which is to guide water from the upper end at the wall portion 204 to the lower end of the drainage groove 2042” (top of page 8 in Remarks).
As stated in the previous Office Action, the lock latch 250 is considered to be part of the lid lip as most clearly depicted in Fig 13 of Gao. Fig 12 of Gao depicts the lid closed and the lock latch 250 within the recessed groove 2042. Fig 17 and Figs 28-29 clearly depict the latch to which the lock 250 is joined in order to lock the lid. Based on these Figures, the latch is clearly not “radially inward from the water-proof boss 2042” as suggested by Applicant. In fact, it would be antithetical to have the latch inward from the water-proof boss which is why the invention of Gao does not function in way suggested by Applicant. Annotated Figure 1 below clearly points to the feature onto which the lid lock 250 locks. Annotated Figure 1 also depicts a clearer view of the recessed groove.
Further, the slanted surface of the recessed groove depicted in Annotated Figure 1 is considered to be the “bottom groove wall defining a bottom extreme of the recessed groove” now claimed in new claims 22-23, 25-26.
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Annotated Figure 1
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24, 27 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 24 recites the limitation “horizontal perimeter of the battery cavity” in line 2. It is unclear what this limitation means. “Perimeter” is understood to be “the distance of all sides of a shape”, in this case, the battery cavity. This limitation could mean the total distance of horizontal components of the perimeter. Or this limitation could mean the total distance of the perimeter in a horizontal plane. For the purpose of compact prosecution, the limitation has been examined as best understood.
Claim 27 recites the limitation “horizontal perimeter of the battery cavity” in line 2. It is unclear what this limitation means. “Perimeter” is understood to be “the distance of all sides of a shape”, in this case, the battery cavity. This limitation could mean the total distance of horizontal components of the perimeter. Or this limitation could mean the total distance of the perimeter in a horizontal plane. For the purpose of compact prosecution, the limitation has been examined as best understood.
Claim 24 further recites “about 25%” in lines 1-2. The phrase "about" renders the claim indefinite because it is unclear how close to 25% the groove may extend and meet the claim language. The term “about” is not defined in Applicant’s specification either.
Claim 27 further recites “about 25%” in lines 1-2. The phrase "about" renders the claim indefinite because it is unclear how close to 25% the groove may extend and meet the claim language. The term “about” is not defined in Applicant’s specification either.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 11-23, 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu et al. (US 20170152638) in further view of Gao et al. (US 20200267903).
Regarding claim 11, Fu discloses a snow thrower comprising:
a body frame defining a body inlet and a body outlet (body 20 with inlet 202 and outlet 231);
a handle attached to the body frame (handle 11);
a chute attached to the body frame to direct snow therefrom (chute 41 directs snow);
a battery compartment defining a battery cavity to receive a battery therein (Fig 8; compartment 26 with cavities 261a-b to receive battery 300); and
a compartment lid attached to the body frame and movable between an open position permitting access to the battery cavity and a closed position restricting access to the battery cavity, the compartment lid comprising an inner lip (Fig 8 depicts the compartment lid 25 with a lip that moves from an open to closed position).
It is unclear if Fu discloses the battery compartment comprising an inner rim and an outer rim extending about at least a portion of the battery cavity, and wherein a recessed groove is defined between the inner rim and the outer rim radially outward from the battery cavity. Similarly, it is unclear if Fu discloses the lip of the lid received within the recessed groove in the closed position.
However, Gao discloses a similar working device with a battery compartment and lid (Fig 13; lid 230 and compartment 201) and teaches the compartment having an inner rim and outer rim and a recessed groove between the rims (the lid has lip 231; compartment inner rim 2041 and outer rim of surface 2040; the recessed groove surface 2042 is considered recessed from inner rim 2041 and the outer rim of surface 2040; para [0248], lines 42-44; see Annotated Figure 1) as well as the lip of the lid received within the recessed groove in the closed position (Figs 12-13 depict the cover in the closed position and the lip of the lid is received in the groove 2042; the lower portion of the lock 250 as depicted in Fig 13 is considered to be part of the lip which fits in the recessed groove that is below both the inner rim and outer rim as also depicted in Annotated Figure 1).
Fu and Gao are considered analogous to the claimed invention because they are in the same field of endeavor of covering the electronics of a working device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fu to incorporate the teachings of Gao and combined the use of the inner and outer rims with the recessed groove. One would have made this combination to prevent water from flowing into the battery compartment when water drops on the groove surface 2040 (Gao; para [0248], lines 65-68).
Regarding claim 12, Fu further discloses the snow thrower further comprising:
a collar attached to the body frame about the body outlet, wherein the chute comprises a base flange extending radially toward the collar, and wherein the collar comprises a resilient release tab selectively engaged with the base flange (see Annotated Figure 1 and Fig 20; the tab of the collar is considered to be resilient as the claim language is broad).
Regarding claim 13, Fu further discloses the snow thrower further comprising:
a chute actuator assembly comprising a hand grip attached to the handle in mechanical communication with the chute, wherein the chute is selectively rotatable about a chute axis according to a relative position of the hand grip (Fig 19; hand grip 61 is connected to the handle and is connected to the collar through gears and cables 66/68; the collar is rotatable about the axis of the outlet relative to the hand grip).
Regarding claim 14, Fu further discloses the snow thrower wherein the chute actuator assembly further comprises
an actuator pulley in mechanical communication between the hand grip and the collar (pulley 63 is between the hand grip and collar),
an intermediate gear mounted to the actuator pulley (intermediate gear 67), and
a grip gear mounted to the hand grip, the grip gear being enmeshed in mechanical communication with the intermediate gear (there is considered to be a grip gear as part of the hand grip and it enmeshes in mechanical communication with the intermediate gear 67).
Regarding claim 15, Fu further discloses the snow thrower further comprising:
an auger rotatably mounted to the body frame to rotate about an auger axis beneath the body outlet (auger 30 rotates about axis 103);
a variable speed motor mounted to the body frame to motivate the auger about the auger axis (motor 50); and
a linear displacement switch attached to the handle in operable communication with the variable speed motor, wherein the linear displacement switch is configured to direct rotation speed at the variable speed motor according to a linear position of the linear displacement switch (switch 192; para [0062], lines 10-12).
Regarding claim 16, Fu further discloses the snow thrower further comprising a lighting assembly mounted to the body frame above the body inlet (lighting device 80).
Regarding claim 17, Fu further discloses the snow thrower wherein the handle comprises an upper segment and a lower segment attached to the upper segment at a segment collar, and wherein a segment collar defines a lateral handle axis about which the upper segment is rotatable relative to the lower segment (upper segment 12/13 rotates about axis 102 relative to lower segment 14; Fig 3).
Regarding claim 18, Fu further discloses the snow thrower further comprising:
an auger rotatably mounted to the body frame to rotate about an auger axis beneath the body outlet (auger 30 rotates about axis 103);
a motor mounted to the body frame to motivate the auger about the auger axis (motor 50);
a plurality of batteries attached to the body frame in electrical communication with the motor to supply power thereto (batteries 300); and
a controller in operable communication with the motor and the plurality of batteries, the controller being configured to selectively direct a voltage to the motor from a single battery of the plurality of batteries (para [0068], lines 5-12).
Regarding claim 19, Fu discloses a snow thrower comprising:
a body frame defining a body inlet and a body outlet (body 20 with inlet 202 and outlet 231);
a chute attached to the body frame to direct snow therefrom (chute 41 directs snow);
a battery compartment defining a battery cavity to receive a battery therein, the rim of the battery compartment being sloped (Fig 8; compartment 26 with cavities 261a-b to receive battery 300; the rim of the compartment is considered to be sloped as the claim language is broad. The rim of the compartment is considered to be sloped relative to the horizontal); and
a compartment lid attached to the body frame and movable between an open position permitting access to the battery cavity and a closed position restricting access to the battery cavity, the compartment lid comprising an inner lip (Fig 8 depicts the compartment lid 25 open with a lip).
It is unclear if Fu discloses the battery compartment comprising an inner rim and an outer rim extending about at least a portion of the battery cavity, and wherein a recessed groove is defined between the inner rim and the outer rim radially outward from the battery cavity. Similarly, it is unclear if Fu discloses the lip of the lid received within the recessed groove in the closed position.
However, Gao discloses a similar working device with a battery compartment and lid (Fig 13; lid 230 and compartment 201) and teaches the compartment having an inner rim and outer rim and a recessed groove between the rims (the lid has lip 231; compartment inner rim 2041 and outer rim of surface 2040; the groove 2042 is considered recessed from inner rim 2041 and outer rim of surface 2040; see Annotated Figure 1) as well as the lip of the lid received within the recessed groove in the closed position (Figs 12-13 depict the cover in the closed position and the lip of the lid is received in the groove 2042; the lower portion of the lock 250 as depicted in Fig 13 is considered to be part of the lip which fits in the recessed groove that is below both the inner rim and outer rim as also depicted in Annotated Figure 1). Further, the recessed groove of Gao is considered to be sloped to decline from the front of the machine to the back of the machine as the claim language is broad. The front wall of the recessed groove 2042 is declined relative to the horizontal between the recessed groove 2042 and the inner rim 2041. Because the inner rim is higher than the recessed groove and on the front side of the groove, the groove is considered to be sloped to decline from the front to the back of the machine (see Annotated Figure 2).
Fu and Gao are considered analogous to the claimed invention because they are in the same field of endeavor of covering the electronics of a working device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fu to incorporate the teachings of Gao and combined the use of the inner and outer rims with the recessed groove. One would have made this combination to prevent water from flowing into the battery compartment when water drops on the groove surface 2040 (Gao; para [0248], lines 65-68).
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Annotated Figure 2
Regarding claim 20, Fu further discloses the snow thrower further comprising:
a collar attached to the body frame about the body outlet (Fig 20 depicts a collar that attaches to the body frame);
wherein the chute is in selective rotatable engagement with the collar to direct snow from the body frame, the chute comprising a base flange extending radially toward the collar and one or more radial tabs vertically spaced apart from the base flange to define a vertical gap (chute 41 attaches to the body and is in rotatable engagement with the collar in Fig 20; see Annotated Figure 1; the teeth on the collar and considered to be radial tabs that are vertically spaced apart from the base flange),
wherein the collar is received within the vertical gap and restricted between the base flange and the one or more radial tabs (Fig 17 and Fig 20 depict the collar received within the vertical gap and between the radial tabs and base flange), and
wherein the collar comprises a resilient release tab extending upward within the vertical gap in selective engagement with the base flange (see Annotated Figure 1; the tab of the collar is considered to be resilient as the claim language is broad).
Regarding claim 21, Fu further discloses the snow thrower further comprising:
a handle attached to the body frame rearward from the battery compartment (handle 11 appears to be rearward of the battery compartment in Fig 4);
a chute actuator assembly comprising a hand grip attached to the handle in mechanical communication with the collar, wherein the collar is selectively rotatable about a chute axis according to a relative position of the hand grip (Fig 19; hand grip 61 is connected to the handle and is connected to the collar through gears and cables 66/68; the collar is rotatable about the axis of the outlet relative to the hand grip), wherein the chute actuator assembly further comprises
an actuator pulley in mechanical communication between the hand grip and the collar (pulley 63 is between the hand grip and collar),
an intermediate gear mounted to the actuator pulley (intermediate gear 67), and
a grip gear mounted to the hand grip, the grip gear being enmeshed in mechanical communication with the intermediate gear (there is considered to be a grip gear as part of the hand grip and it enmeshes in mechanical communication with the intermediate gear 67).
Regarding claim 22, the combination of Fu and Gao discloses the snow thrower wherein the battery compartment further comprises a bottom groove wall extending radially between the inner rim and the outer rim to further define a bottom extreme of the recessed groove (claim language is broad; the slanted surface if the groove is considered to be the bottom groove wall which defines a bottom extreme of the groove).
Regarding claim 23, the combination of Fu and Gao discloses the snow thrower wherein the inner lip is supported on the bottom groove wall within the recessed groove in the closed position (claim language is broad; lock 250 is supported on the bottom groove wall within the recessed groove in the closed position).
Regarding claim 25, the combination of Fu and Gao discloses the snow thrower wherein the battery compartment further comprises a bottom groove wall extending radially between the inner rim and the outer rim to further define a bottom extreme of the recessed groove (claim language is broad; the slanted surface if the groove is considered to be the bottom groove wall which defines a bottom extreme of the groove).
Regarding claim 26, the combination of Fu and Gao discloses the snow thrower wherein the inner lip is supported on the bottom groove wall within the recessed groove in the closed position (claim language is broad; lock 250 is supported on the bottom groove wall within the recessed groove in the closed position).
Claim(s) 24, 27 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fu in view of Gao.
Regarding claim 24, the combination of Fu and Gao discloses the snow thrower wherein the recessed groove extends about 25% or more of a horizontal perimeter of the battery cavity (see Annotated Figure 1; the recessed groove appears to extended over 50% of the horizontal length of the battery cavity).
For the sake of argument that the combination of Fu and Gao does not expressly disclose the recessed groove extending about 25% or more of a horizontal perimeter of the battery cavity, it does disclose that the groove is for the purpose of draining water away from the battery compartment (Gao; para [0248], lines 65-68). As a result of the length of the groove controlling the effectiveness of the water drainage, the length of the groove is considered to be a results effective variable in so far as the length of the groove may be adjusted in order to better drain water from around the battery compartment. Therefore, it would have been obvious for one having ordinary skill in the art at the time the invention was filed to optimize the length of the recessed groove to be 25% or more of the horizontal perimeter of the battery cavity, as it has been held that the optimization of a results effective variable would have been obvious so as to achieve an optimum or workable range (MPEP 2144.05, Subsection II, B).
Regarding claim 27, the combination of Fu and Gao discloses the snow thrower wherein the recessed groove extends about 25% or more of a horizontal perimeter of the battery cavity (see Annotated Figure 1; the recessed groove appears to extended over 50% of the horizontal length of the battery cavity).
For the sake of argument that the combination of Fu and Gao does not expressly disclose the recessed groove extending about 25% or more of a horizontal perimeter of the battery cavity, it does disclose that the groove is for the purpose of draining water away from the battery compartment (Gao; para [0248], lines 65-68). As a result of the length of the groove controlling the effectiveness of the water drainage, the length of the groove is considered to be a results effective variable in so far as the length of the groove may be adjusted in order to better drain water from around the battery compartment. Therefore, it would have been obvious for one having ordinary skill in the art at the time the invention was filed to optimize the length of the recessed groove to be 25% or more of the horizontal perimeter of the battery cavity, as it has been held that the optimization of a results effective variable would have been obvious so as to achieve an optimum or workable range (MPEP 2144.05, Subsection II, B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Schisel et al. (US 20150218764) discloses a similar device with structure similar to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE SCOVILLE whose telephone number is (571)270-7654. The examiner can normally be reached M-F 10:30-6 (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached on (571) 272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAKE E SCOVILLE/Examiner, Art Unit 3671 /CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671