DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 17778768 RCE filed on 01/12/2026.
Claims 1-3, 7-10, 12-13 and 17 – 20 are amended
Claims 7, 17 – 20 are objected
Claims 1 - 20 are currently pending and have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/12/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/05/2025 was fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Response to Arguments
Based on the broadest reasonable interpretation, the examiner states that the applicants claims are still broad. The examiner states a new interpretation such that the pivot axis 172 is parallel to the ground contacting edge 104 and perpendicular to the plow direction assuming the plow is moving in the forward direction. The examiner states that this broad reasonable interpretation is true when the wings are not pivoted around axis 130. The examiner states that clarifying the relative direction of the pivot axis would clarify the direction of the claims and further expedite the prosecution.
Claim Rejections - 35 USC § 102
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 3, 5, 9 , 12 and 16 are rejected under 35 U.S.C. 102(a1)(a2) as being anticipated by US Patent 11203852 – Vigneault et al. hereinafter as VIGNEAULT.
Regarding Claim 1
VIGNEAULT discloses:
1. A snow plow blade assembly configured to be driven in a plowing direction, the snow plow blade assembly comprising:
A central section comprising a ground contacting edge, (figure 13 – 110 bottom edge reads on the ground contacting edge) and a pivot axis extending substantially parallel to the ground contacting edge ( Fig. 1 – 172 pivot axis and parallel to ground contacting edge 104) and substantially perpendicular to the plowing direction; (Figure 1 – where in the central section is perpendicular to the plowing direction wherein the plowing direction is coming from out of the page.)
a sidewall assembly rotatably mounted to the central section and rotatable about the pivot axis pivot axis. ( See figure 1 – where in the sidewall assembly – 126 is rotatably mounted to the central section 110 and rotatable about the pivot axis 172)
A suspension assembly mounted to the central section, wherein the suspension assembly connects the centra section and the sidewall assembly distant from the pivot axis, the suspension assembly dampening rotations of the sidewall assembly around the pivot axis (Combination of elements in figure 5 of the damper 200 and spring 220, sidewall assembly – 126 and pivot axis 172)
[AltContent: arrow][AltContent: textbox (Sidewall assembly – 126)][AltContent: textbox (Ground Contacting Edge - 104)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Pivot Axis - 172)][AltContent: connector]
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Regarding Claim 3
VIGNEAULT discloses:
The snow plow blade assembly of claim 1, wherein the suspension assembly further comprises a link member comprising two pivot mounting members distant from each other, wherein the two pivot mounting members are mounted respectively to the sidewall assembly and the suspension assembly. (fig. 5 wherein the damper 200 and 220 are a part of the two pivot mounting members)
Regarding Claim 4
VIGNEAULT discloses:
4. The snow plow blade assembly of claim 3, wherein the suspension assembly comprises: - a rotative damper; (fig. 7 where in the hydraulic actuator is interpreted to be the rotative damper such that there this is a damper (the actuator) that occurs around an axis point 52( rotative) )
and - an arm mounted to the rotative damper (fig. 7 - wherein arm is 206); wherein one of the two pivot mounting members is connected to the arm. (fig. 5 wherein there the suspension assembly includes an hydraulic actuator 200 and the spring 220)
Regarding Claim 6
VIGNEAULT discloses:
5. The snow plow blade assembly of claim 3, wherein the link member comprises a hydraulic jack. (fig. 7 wherein the link member which is the bracket attached to hydraulic actuator 200)
Regarding Claim 8
VIGNEAULT discloses:
9. The snow plow blade assembly of claim 1, wherein the central section and the sidewall assembly further comprise complementary components limiting rotation of the sidewall assembly relative to the central section. ( Figure 8 where in the central section and wherein the sidewall assembly 126 pivots around 172 axis point )
Regarding Claim 9
VIGNEAULT discloses:
9. The snow plow blade assembly of claim 8, wherein the complementary components comprise a slot and a lug which travels in the slot. ( Figure 8 where in the centra section 110 and the sidewall 126 has complementary components such as 154 , 155, 156, and 157 such that these components limit the pivoting of the sidewall assembly to the central body of 110, wherein the slot and bolts are 154 and 155)
Regarding Claim 10
VIGNEAULT discloses:
10. The snow plow blade assembly of claim 1, wherein the sidewall assembly comprises two sidewall assemblies, wherein the two sidewall assemblies rotates independently from one other. ((fig. 1 – Left and right sidewall assemblies 126 pivot around axis 172)
Regarding Claim 11
VIGNEAULT discloses:
11. The snow plow blade assembly of claim 1, wherein the central section comprises holder assemblies to connect to a vehicle to mount the snow plow blade assembly to the vehicle ( fig. 7 – 320 wherein the mount is the holder assembly used to connect the plow to the vehicle.)
Regarding Claim 12
VIGNEAULT discloses:
12. A snow plow blade assembly configured to be mounted to a vehicle and driven thereby in a plowing direction, the snow plow blade assembly comprising:
a central section to be mounted to the vehicle, the central section comprising a ground contacting edge, (figure 13 – 110 bottom edge reads on the ground contacting edge) and a pivot axis extending substantially parallel to the ground contacting edge ( Fig. 1 – 172 pivot axis and parallel to ground contacting edge 104) and substantially perpendicular to the plowing direction; (Figure 1 – where in the central section is perpendicular to the plowing direction wherein the plowing direction is coming from out of the page.)
a sidewall assembly rotatable mounted to the pivot axis; ( See figure 1 – where in the sidewall assembly – 126 is rotatably mounted to the central section 110 and rotatable about the pivot axis 172)
suspension assembly connecting the central section (fig. 7 – wherein there the suspension assembly includes an actuator 200 that connects to central portion 270) with the sidewall assembly distant from the pivot axis( sidewall assembly 126 and pivot axis 172), the suspension assembly dampening rotation of the centra section around the pivot axis, the suspension assembly comprising a link member comprising two pivot mounting members distant from each other mounted respectively to the sidewall assembly and the suspension assembly. (Combination of elements in figure 5 of the damper 200 and spring 220)
Regarding Claim 13
VIGNEAULT discloses:
13. The snow plow blade assembly of claim 12, wherein the suspension assembly comprises: - a rotative damper; (fig. 5 where in the hydraulic actuator is interpreted to be the rotative damper such that the this is a damper (the actuator) that occurs around an axis point 152( rotative) )
and - an arm mounted to the rotative damper extending vertically; (fig. 7 - wherein arm is 206 where in the extending vertical arm the plate mounting the arm has vertical extension based on broadest reasonable interpretation) wherein one of the two pivot mounting members is connected to the arm. (fig. 7 wherein there the suspension assembly includes an hydraulic actuator 200 is interpreted to be damper that pivot around the axis 152, wherein the arm is 206)
Regarding Claim 15
VIGNEAULT discloses:
15. The snow plow blade assembly of claim 13, wherein the rotative damper is mounted to the central section. ( Figure 7 – where in actuator 200 is mounted to the central section 110)
Regarding Claim 16
VIGNEAULT discloses:
16. The snow plow blade assembly of claim 12, wherein the link member comprises a hydraulic jack. (fig. 7 wherein the link member is a bracket attached to the hydraulic actuator 200)
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 (i.e., changing from AIA to pre-AIA ) 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 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) 2 is rejected under 35 U.S.C. 103 as being unpatentable by US Patent 11203852 – Vigneault et al. hereinafter as VIGNEAULT in view of US Patent 11885086 – Kushner et al. hereinafter as KUSHNER
Regarding Claim 2
VIGNEAULT discloses wherein the central section comprises a top edge, and wherein the suspension assembly is mounted to the center of the center section.
The sole difference between VIGNEAULT and the claimed subject matter is that VIGNEAULT does not disclose the suspension assembly to be mounted at a top edge of a central section.
VIGNEAULT mounts to the center of the center section and the claim calls for mounting the suspension assembly to be mounted at a top edge of a central section.
KUSHNER discloses an adjustable snow plow assembly, wherein wing elements are moved using an actuation/suspension system mounted at the top edge. (Figure 2 – suspension 248; Col 4, Line 47 – Col 5, Line 10).
Therefore, it would have been obvious for one having ordinary skill in the art at the time the invention was filed to substitute the mounting location for the wing actuation/suspension elements of Vigneault for the upper location of Kushner. Doing so merely constitutes the substitution of one element for a known alternative to produce the predictable result of an actuation system mounted at an upper end (MPEP 2143, Subsection I, B). Additionally, it is noted that Kushner teaches that the mounting position/arrangement of elements which largely correspond to those in Vigneault are known to be adjusted based on needs of a user (Col 4, Line 65 – Col 5, Line 10).
Claim(s) 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11203852 – Vigneault et al. hereinafter as VIGNEAULT in view of NO 132808 – Keller et al. hereinafter as KELLER
Regarding Claim 5 and 14
VIGNEAULT disclose of claim 4 and 13
VIGNEAULT does not disclose:
wherein the rotative damper comprises a deformable rubber-based component.
KELLER discloses:
wherein the rotative damper comprises a deformable rubber-based component. ( page 2 - In the drawing, this spring device is shown as an 8-supported rubber suspension element of a per se known type arranged for each articulation arm and of spacer means. Such rubber elements have proven to be very advantageous in that they not only allow a necessary and limited pivotability on the relevant articulated end, but also enable a certain suspension in the longitudinal direction of the articulated arm. However, it should be pointed out here that other types of springs can of course also be used, e.g. disc springs or coil springs and also hydraulic or pneumatic springs or cylinders.)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for VIGNEAULT’s method of a snow plow blade that has a rotative damper for KELLER to utilize a rubber suspension element where in the springs can include hydraulic cylinders such that this would allow VIGNEAULT to improve in the overall efficiency of cleaning surfaces ( col 1 line 28 – 29)
Allowable Subject Matter
Claims 7, 17 – 20 are allowable
While sidewalls that have rotational movement are known within VIGNEAULT / KELLER / KUSHNER. Such references do not disclose the details of:
wherein the sidewall assembly is controllably rotatable between a pull position in which the sidewall assembly extend rearward relative to the central section and a push position in which the sidewall assembly extend frontward relative to the centra section through control of the hydraulic jack between an extended position and a compact position.
wherein the sidewall assembly is controllably rotatable between a pulling position and pushing position through control of the hydraulic jack between an extended position and a compact position.
suspension assembly is configured for the sidewall assembly to rotate up to a first limit angle when contacting an obstacle and to rotate to a second limit angle greater than the first limit angle when contacting an obstacle and to rotate to a second limit angle greater than the first limit angle when changing position of the hydraulic jack.
Such a modification would require a significant redesign of the sidewall assembly and would constitute improper hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20130298429 – Niemela – combination snow blower snow plow with sliding blade
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671