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 . As per the pre-appeal conference held on 01/21/2026 the previous rejections have been replaced with new rejections described below. Claims 1-7 and 18-20 are previously cancelled. claims 8-17 and 21-30 are pending. Further applicant expounds on rejection of claim 10 based on 35 U.S.C. 112, and moot in light of the current amendments made.
Double Patenting
The non-statutory 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 non-statutory double patenting rejection is appropriate where the claims at issue 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); and 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 a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to:
http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of non-statutory double patenting over claim 8 of U.S. Patent No. US 12,296,694 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: a lawnmower includes a first battery having a first voltage, the first battery mounted on the lawnmower; a second battery having a lawnmower described herein may operate using power provided by one or more batteries. For example, the lawnmower can include a plurality of first batteries and a plurality of second batteries. The first and second batteries can be different from one another. The patented application anticipates the instant application claimed.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Claim 1 of instant application: 17/670,749
Claim 8 of paten’d application US 12,296,694
A lawnmower comprising: a first battery receiving area configured to receive a first battery, wherein the first battery comprises a plurality of handles including a first handle and a second handle, and wherein the first and second handles are disposed on different sides of the first battery; and a second battery receiving area configured to receive a second battery, wherein the first battery and the second battery have different shapes.
A lawnmower comprising: a plurality of first batteries each having a first voltage and each receivable in a separate compartment of a first battery receiving area of the lawnmower; a plurality of second batteries … and each receivable in one of a plurality of second battery receiving areas of the lawnmower, the second battery receiving areas being different than the first battery receiving area …. wherein the lawnmower defines a centerline, wherein the lawnmower comprises a seat overlapping the centerline, wherein the first battery receiving area overlaps the centerline, wherein at least one of the second battery receiving areas is disposed entirely on a side of the centerline and does not overlap the centerline …
Claims 2-8 of the instant application are dependent on rejected instant claim 1 above; hence rejected, at least, for their dependency on rejected claim 1.
Claim 21 is rejected on the ground of non-statutory double patenting over claim 8 of U.S. Patent No. US 12,296,694 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: a lawnmower includes a first battery having a first voltage, the first battery mounted on the lawnmower; a second battery having a lawnmower described herein may operate using power provided by one or more batteries. For example, the lawnmower can include a plurality of first batteries and a plurality of second batteries. The first and second batteries can be different from one another. The patented application anticipates the instant application claimed.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Claim 21 of instant application: 17/670,749
Claim 8 of paten’d application US 12,296,694
A lawnmower comprising: a frame; a seat coupled to the frame; a fairing coupled to the frame; a plurality of first batteries; and a plurality of second batteries, wherein the first batteries and the second batteries have different shapes, wherein the first batteries are disposed along a centerline of the frame, and wherein the second batteries are asymmetrically arranged about the centerline with a different number of second batteries disposed on each side of the centerline.
A lawnmower comprising: a plurality of first batteries each having a first voltage and each receivable in a separate compartment of a first battery receiving area of the lawnmower; a plurality of second batteries … and each receivable in one of a plurality of second battery receiving areas of the lawnmower, the second battery receiving areas being different than the first battery receiving area …. wherein the lawnmower defines a centerline, wherein the lawnmower comprises a seat overlapping the centerline, wherein the first battery receiving area overlaps the centerline, wherein at least one of the second battery receiving areas is disposed entirely on a side of the centerline and does not overlap the centerline …
Claim 27 of the instant application is similar to claim 8 of the patented application number US 12/296,694; hence rejected on the ground of non-statutory double patenting over claim 8.
Applicant requires to review similar applications, such as 18/954,950, etc. if a terminal disclaimer is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8-9, 13, 14, 16, 17, 21-25 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Ito (US 2019/0381900) in view of Edwards et al.(US2019/0229580) further in view of Zeiler et al. (US 2021/0384746).
With respect to claims 8, 21 and 27, Ito discloses a lawnmower (Fig. 3; see reproduced drawing below) comprising: a frame (Fig. 3, 9); a seat coupled to the frame (Fig. 3, 11); a fairing coupled to the frame (Fig. 3, such as 67:external metal or plastic structure connected to the main lawnmower); a first battery receiving area configured to receive a first battery (Fig. 3, 51A Para. # 0014-0015); and a second battery receiving area configured to receive a second battery (Fig. 3, 51B;Para. # 0014-0015), wherein the first battery and the second battery have different shapes (Para. # 40, 47; Battery 51A main battery is different from Battery 51B supplementary batteries), wherein the first battery comprises a plurality of first batteries disposed along a centerline of the frame (Fig. 2, 51A is at the central position), and wherein the second battery comprises a
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plurality of second batteries asymmetrically arranged about the centerline (Fig. 2, 51B symmetrically arranged about the central line on either side as 51Bleft and 51B right).
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ITO, however, does not expressly disclose wherein the first battery comprises a plurality of handles including and disposed on different sides of the battery.
Edwards et al. (Hereinafter, Edwards), on the other hand, discloses wherein the first battery comprises a plurality of handles including and disposed on different sides of the battery (Figs. 1-3 and 5).
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Both, Edward and Ito, do not disclose a first and a second handles or multiple handles on different sides of a battery.
Zeiler et al (Hereinafter, Zei) discloses a first and a second handles or multiple handles on different sides of a battery (Para. # 0076, 0093: the handles 110 may be positioned on different sides/faces of battery assembly 100 and may be positioned in different orientations; one of the handles 110 may be positioned and oriented as shown in FIG. 19, while another handle 110 may be positioned on rear face 101e at a different orientation relative to the handle shown in FIG. 19).
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ITO, Edwards and Zei are analogous art because they are from the same field of endeavor namely lawnmower, electric work vehicle and battery assembly for battery powered equipment.
It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to have added a multi slot battery housing to the lawnmower of ITO in view of Edwards and Zei for the benefit of holding multiple slots for battery packs and using multiple handles to easy hold during installing or removing the battery pack from lawnmower hoses for fast use of the mower.
With respect to claim 9, the combined references of Ito, Edwards and Zei disclose the lawnmower as described above, wherein Ito discloses the first battery comprises a plurality of handles including a first handle and a second handle, and wherein the first and second handles are disposed on different sides of the first battery (Fig. 3, 2b(2) and 2a(2) across the connector 12).
With respect to claims 13, 22 and 28, the combined references of Ito, Edwards and Zei disclose the lawnmower as described above, wherein Ito further discloses the first battery receiving area is disposed along a centerline of the lawnmower (See Fig. 2, ‘centerline’), wherein the second battery receiving area is disposed on both sides of the centerline (Fig. 2, 51B left and 51B right), and wherein a number of second battery receiving areas on a first side of the centerline is different than a number of second battery receiving areas on a second side of the centerline (See Para. # 0028/0059)
With respect to claim 14, the combined references of Ito, Edwards and Zei disclose the lawnmower as described above, wherein Ito further discloses, wherein the lawnmower comprises a cavity disposed on the second side of the centerline (Fig. 2, cavity or space between 51Bright and 51B left have cavities on either side of the lawnmower structure).
With respect to claim 16, the combined references of Ito, Edwards and Zei disclose the lawnmower as described above, wherein Edwards further discloses wherein the lawnmower further comprises a charging port configured to provide electrical power to one or more powered accessories (Para. # 0030: the charging stations 116 on both parts of the hanger, where each hunger, at least includes two batteries (see Fig. 1, multiple ports 116): function as ports for delivering the electrical power from the charger 102).
With respect to claims 17 and 25, the combined references of Ito, Edwards and Zei disclose the lawnmower as described above, wherein Ito further discloses , wherein a direction of inserting the second battery into the second battery receiving area is in a vertical direction, and wherein a direction of inserting the first battery in the first battery receiving area is angularly offset from the vertical direction (Fig. 2, 51B receives vertically or on the top position; whereas first battery 51A receives in a tilted position or at angular position).
With respect to claims 23 and 29, the combined references of Ito, Edwards and Zei disclose the lawnmower as described above, wherein Ito further discloses , wherein the lawnmower further comprises a storage receptable formed in the fairing, and wherein the storage receptable is disposed on the second side of the centerline (reproduced fig. 2 below, the plastic or metal material disposed across the power, which is either on the second or first side of the centerline).
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With respect to claims 24 and 30, the combined references of Ito and Edwards, disclose the lawnmower as described above, wherein Ito further discloses wherein the second battery receiving area comprises a cover that covers both the second set of batteries and the storage receptacle (Fig. 2, 2(a2) and 2(b2) covered both the second batteries and the corresponding receptacle).
Claims 10-12, 15 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Ito in view of Edwards and Zei as described above further in view of Zeiler et al. (WO 2018/031719).
With respect to claim 10, the combined references of Ito in view of Edwards and Zei disclose the lawnmower as described above.
The combined references, however, do not expressly disclose a plurality of slots each housing first or second battery.
Zeiler et al. (Hereinafter, Zeiler), on the other hand, discloses a plurality of slots each housing first or second battery (Figs. 2 and 3; Fig. 1, 10).
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ITO, Edwards, Zei and Zeiler are analogous art because they are from the same field of endeavor namely lawnmower, electric work vehicle and scalable power unit including removable battery packs.
At the time of the invention, it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to have added a multi slot battery housing to the lawnmower of ITO, Edwards and Zei in view of the teachings of Zeiler for the benefit of holding multiple slots for battery packs so that the lawnmower keeps continuously working as the supplying power’s storage have multiple sources in different pack slots for efficient use.
With respect to claims 11 and 26, the combined references of Ito, Edwards, Zei and Zeiler disclose the lawnmower as described above. Further Zeiler discloses wherein each slot comprises a separate connector plug, and wherein each connector plug is engageable with one of the first batteries (see Fig. 5, connectors for 12a, 12b and 12c battery packs).
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With respect to claim 12, the combined references of Ito, Edwards, Zei and Zeiler disclose the lawnmower as described above. Further Zeiler discloses a plurality of first batteries is selectively lockable within one of the slots by a rotating clamp (Fig. 5 where the batteries are selectively lockable or unlock when requires).
With respect to claim 15, the combined references of Ito, Edwards, Zei and Zeiler disclose the lawnmower as described above. Further Zeiler discloses multiple power sources, such as slots for variable types of battery packs to increase power. But does not expressly disclose solar power as one of the sources.
At the time of the invention, it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to use a photovoltaic power as one of the multiple power sources for the benefit of getting additional power from the sun (solar as one of the multiple sources) in order to extend the power use in addition to the battery pack, especially during the summer time to extend the battery pack capacity or use battery pack and other sources effectively.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YALKEW FANTU whose telephone number is (571)272-8928. The examiner can normally be reached Monday-Friday 7:00AM-4:00PM.
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/YALKEW FANTU/Primary Examiner, Art Unit 2859
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