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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/10/2025 has been entered.
Claim Objections
Claims 3, 4, and 13 are objected to because of the following informalities:
Claim 3, lines 2-3 recite “at least two of the four rotary devices are rotatable relative to the body to change a position of the rotary device”, should read – at least two of the four rotary devices are rotatable relative to the body to change a position of the at least two rotary devices – due to awkward wording regarding which rotary device is changing position.
Claim 4, lines 1-2 recite the same limitations as claim 1, line 17 and therefore is redundant.
Claim 13, line 2 recites “an unfolded state and a folded state”, should read – the unfolded state and the folded state – from mention of the states within dependent claim 12.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 1-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over EP 2476303 B1 in view of Li (CN 202896648 U).
Regarding claim 1, EP 2476303 B1 discloses a walking work apparatus [1], comprising:
a body [4];
a walking wheel set [2 and 3] comprising a walking wheel ([2 and 3] are both walking wheels supporting the body, see Fig. 1) supporting the body;
a function assembly (not shown but inherently present due to being a lawn mower, see Fig. 1) configured to implement a function (work apparatus is a lawn mower; therefore, the function is mowing) of the walking work apparatus;
a drive motor [5] configured to drive the function assembly to operate; and
a handle [7] connected to the body and configured to push the body to walk, wherein the handle comprises:
a hand grip (see below) configured to be held by a user;
a multi-connecting rod assembly (see handle assembly in Fig. 1) connecting the hand grip and the body, wherein the multi-connecting rod assembly comprises at least a first connecting rod [7b], a second connecting rod [7a], and a rotary device (see below) connecting the first connecting rod and the second connecting rod (see Fig. 1); and
a switch (see paragraph [0019], lines 1-5) configured to be operated to a lock position (first axial position, see paragraph [0019], line 2) and an unlocked position (third axial position, paragraph [0019], lines 3-4) wherein, when the switch is operated to the lock position, the first connecting rod is securely connected to the second connecting rod (in the lock position, both pivot ranges are blocked; therefore, securely connecting the rods, see paragraph [0019], line 2), and, when the switch is operated to the unlocked position, the first connecting rod and the second connecting rod are rotatable relative to each other (in the unlocked position, both pivot ranges are released, allowing for rotation; see paragraph [0019], lines 3-4) through the rotary device.
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But EP 2476303 B1 fails to disclose the switch is located on the hand grip and a lock member that locks the switch in the lock position, the lock member and the switch being separately located.
Li discloses a similar walking work apparatus (see Fig. 1, handle [1] is similar to that of a lawnmower; therefore, the handle can be applied to any walking work apparatus) comprising of a handle [1] and a switch [31] disposed on the hand grip (see Fig. 2) and configured to be operated to a lock position (see Fig. 3; locked when switch is abutted by block [43], see paragraph [0024], lines 9-11) and an unlocked position (see Fig. 4; unlocked when block [43] is removed from abutting switch, see paragraph [0024], lines 11-14) wherein, when the switch is operated to the lock position, the first connecting rod (see below) is securely connected to the second connecting rod (see below; securely connected through block [43] abutting the switch and preventing the handle from folding, see paragraph [0024], lines 9-11), and, when the switch is operated to the unlocked position, the first connecting rod and the second connecting rod are rotatable relative to each other (switch is unlocked when sliding part [4] is slid, overcoming force of lock member [7] and removing block [43]; see paragraph [0024], lines 9-14); and
a lock member [7] that locks the switch in the lock position (lock member is a spring that abuts the block [43] against the switch, locking it in place, see paragraph [0024], lines 7-11), the lock member and the switch being separately located (see Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the switch of Lessig with the switch of EP 2476303 B1 since both are devices actuated to cause the handle to fold, yielding the same predictable result. Also, doing so would achieve the benefit of easier and more convenient actuation for the user.
Regarding claim 2, EP 2476303 B1, of the above resultant combination, further discloses wherein the multi- connecting rod assembly (see handle assembly in Fig. 1) comprises four rotary devices (see above and [8]; two on each side of the handle so therefore four rotary devices in total).
Regarding claim 3, EP 2476303 B1, of the above resultant combination, further discloses wherein at least two of the four rotary devices (all four are rotatable) are rotatable relative to the body [4] to change a position of the rotary device (all four rotary devices change position through rotating or folding over the body, see Figs. 1-2) relative to the body.
Regarding claim 4, Li, of the above resultant combination, further discloses a lock member [7], wherein the lock member is configured to lock the switch in the lock position (lock member is a spring that abuts the block [43] against the switch, locking it in place, see paragraph [0024], lines 7-11).
Regarding claim 5, Li, of the above resultant combination, further discloses wherein the handle [1] comprises a connection member ([6]; connected between switch and frame of handle to fold the handle when switch is unlocked, see paragraph [0024], lines 4-6 and 11-14) and the connection member connects the switch [31] and the second connecting rod (see above; connected to entire frame).
It can be seen then that when Li’s switch is provided to the handle of EP 2476303 B1 and Lessig that the connection member of Li is connected to the second connecting rod of EP 2476303 B1 and Lessig as disclosed by Li (see paragraph [0024], lines 4-6 and 11-14).
Regarding claim 6, Li, of the above resultant combination, further discloses wherein the connection member [6] abuts the second connecting rod (see above; connected through entire frame; therefore, abuts second connecting rod, see paragraph [0024], lines 4-6) to stop the handle from rotating (when the switch is locked, the connection member is not pulled, preventing the handle to fold; see paragraph [0024], lines 9-14) when the switch [31] is in the lock position (see Fig. 3) and the connection member releases the handle from being stopped (when switch is unlocked, connection member is pulled, causing the handle to fold; see paragraph [0024], lines 11-14 and paragraph [0027], lines 1-3) when the switch is in the unlocked position (see Fig. 4).
It can be seen then that when Li’s connection member is provided to the handle of EP 2476303 B1 and Lessig that the rotary member of EP 2476303 B1 and Lessig is allowed and prevented to rotate based on a position of the switch as disclosed by Li (see paragraph [0024], lines 11-14).
Regarding claim 7, EP 2476303 B1, of the above resultant combination, further discloses wherein the first connecting rod [7b] connects the second connecting rod [7a] and the hand grip (see above).
Regarding claim 8, EP 2476303 B1, of the above resultant combination, further discloses wherein the first connecting rod [7b] comprises two connecting rods (see below, one on either side of the handle) connecting two ends of the hand grip (see above).
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Regarding claim 9, EP 2476303 B1, of the above resultant combination, further discloses wherein a first plane (see below) is defined to be parallel to the two connecting rods and, when the switch is in the unlocked position, the handle is configured to rotate to a folded state (see Fig. 2) which comprises an included angle (see below) between the first plane and a bottom surface (see below) of the body [4].
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But EP 2476303 B1 fails to explicitly disclose the included angle is greater than or equal to 0 degrees and less than or equal to 30 degrees.
However, EP 2476303 B1 teaches the handle is capable of folding over the mower’s body through the rotary devices for the most compact construction possible (see paragraph [0024], lines 1-5 and Figs. 1-2); therefore, the angle between the first plane of the two connecting rods and the bottom surface of the body is a result effective variable.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to make the angle between the first plane and a bottom surface of the body greater than or equal to 0 degrees and less than or equal to 30 degrees in order to fold the handle over the mower’s body for compaction in storage. It is noted that such a modification would merely constitute routine optimization of a result effective variable and it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 10, EP 2476303 B1, of the above resultant combination, further discloses an included angle (see below) between the first connecting rod [7b] and the second connecting rod [7a].
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But EP 2476303 B1 fails to explicitly disclose the included angle is greater than or equal to 5 degrees and less than or equal to 175 degrees.
However, EP 2476303 B1 teaches the handle is capable of moving the first and second connecting rods to an unfolded position (see Fig. 1) and a folded position (see Fig. 2) through the rotary devices (see paragraph [0024], lines 1-5); therefore, the angle between the first connecting rod and the second connecting rod is a result effective variable.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to make the included angle between the first connecting rod and the second connecting rod greater than or equal to 5 degrees and less than or equal to 175 degrees in order for rotating the handle through the folded and unfolded positions for storage and use respectively. It is noted that such a modification would merely constitute routine optimization of a result effective variable and it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 11, EP 2476303 B1, of the above resultant combination, further discloses the included angle (see above) between the first connecting rod [7b] and the second connecting rod [7a].
But EP 2476303 B1 fails to explicitly disclose the included angle is greater than or equal to 15 degrees and less than or equal to 160 degrees.
However, EP 2476303 B1 teaches the handle is capable of moving the first and second connecting rods to an unfolded position (see Fig. 1) and a folded position (see Fig. 2) through the rotary devices (see paragraph [0024], lines 1-5); therefore, the angle between the first connecting rod and the second connecting rod is a result effective variable.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to make the included angle between the first connecting rod and the second connecting rod greater than or equal to 15 degrees and less than or equal to 160 degrees in order for rotating the handle through the folded and unfolded positions for storage and use respectively. It is noted that such a modification would merely constitute routine optimization of a result effective variable and it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 12, EP 2476303 B1, of the above resultant combination, further discloses wherein the handle [7] is configured to be switched to an unfolded state (see Fig. 1) and a folded state (see Fig. 2) and a distance (see below) between the hand grip (see below) and a bottom surface (see below) of the body [4].
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But EP 2476303 B1 fails to explicitly disclose the distance is greater than or equal to 800 mm and less than or equal to 1200 mm when the handle is in the unfolded state.
However, EP 2476303 B1 teaches the handle in the unfolded state has three different working heights (see [A, B, and C] in Fig. 1) adjusted through the rotary devices (see paragraph [0023], lines 1-5); therefore, the distance between the hand grip and the bottom surface of the body is a result effective variable.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to make the distance between the hand grip and the bottom surface of the body greater than or equal to 800 mm and less than or equal to 1200 mm when the handle is in the unfolded state in order to adjust the handle to one of the three working positions for ease of use for the operator. It is noted that such a modification would merely constitute routine optimization of a result effective variable and it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 13, EP 2476303 B1, of the above resultant combination, further discloses wherein the handle [7] is configured to be switched to an unfolded state (see Fig. 1) and a folded state (see Fig. 2) and the hand grip (see above) is disposed at an upper side of a rear end (see Fig. 2) of the body [4] when the handle is in the folded state.
Regarding claim 14, EP 2476303 B1, of the above resultant combination, further discloses wherein the multi- connecting rod assembly (see handle assembly in Fig. 1) further comprises a third connecting rod (see below; rod comprising of the hand grip) and a fourth connecting rod (see below; rod connecting the rotary device to both sides of the handle).
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Regarding claim 16, EP 2476303 B1 discloses a walking work apparatus [1], comprising:
a body [4];
a walking wheel set [2 and 3] comprising a walking wheel ([2 and 3] are both walking wheels supporting the body, see Fig. 1) supporting the body;
a function assembly (not shown but inherently present due to being a lawn mower, see Fig. 1) configured to implement a function (work apparatus is a lawn mower; therefore, the function is mowing) of the walking work apparatus;
a drive motor [5] configured to drive the function assembly to operate; and
a handle [7] connected to the body and configured to push the body to walk, wherein the handle comprises:
a hand grip (see below) configured to be held by a user;
a multi-connecting rod assembly (see handle assembly in Fig. 1) connecting the hand grip and the body, wherein the multi-connecting rod assembly comprises at least a first connecting rod [7b], a second connecting rod [7a], and a rotary device (see below) connecting the first connecting rod and the second connecting rod (see Fig. 1); and
a switch (see paragraph [0019], lines 1-5) configured to be operated to a lock position (first axial position, see paragraph [0019], line 2) and an unlocked position (third axial position, paragraph [0019], lines 3-4) wherein, when the switch is operated to the lock position, the first connecting rod is securely connected to the second connecting rod (in the lock position, both pivot ranges are blocked; therefore, securely connecting the rods, see paragraph [0019], line 2), and, when the switch is operated to the unlocked position, the first connecting rod and the second connecting rod are rotatable relative to each other (in the unlocked position, both pivot ranges are released, allowing for rotation; see paragraph [0019], lines 3-4) through the rotary device.
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But EP 2476303 B1 fails to disclose the switch on the hand grip and a lock member that locks the switch in the lock position, the lock member and the switch being separately located, wherein when the handle is in an unfolded state and operable by the user, an orthographic projection of the switch and an orthographic projection of the lock member to a bottom surface of the body are not overlapping.
Li discloses a similar walking work apparatus (see Fig. 1, handle [1] is similar to that of a lawnmower; therefore, the handle can be applied to any walking work apparatus) comprising of a handle [1] and a switch [31] disposed on the hand grip (see Fig. 2) and configured to be operated to a lock position (see Fig. 3; locked when switch is abutted by block [43], see paragraph [0024], lines 9-11) and an unlocked position (see Fig. 4; unlocked when block [43] is removed from abutting switch, see paragraph [0024], lines 11-14) wherein, when the switch is operated to the lock position, the first connecting rod (see below) is securely connected to the second connecting rod (see below; securely connected through block [43] abutting the switch and preventing the handle from folding, see paragraph [0024], lines 9-11), and, when the switch is operated to the unlocked position, the first connecting rod and the second connecting rod are rotatable relative to each other (switch is unlocked when sliding part [4] is slid, overcoming force of lock member [7] and removing block [43]; see paragraph [0024], lines 9-14); and
a lock member [7] that locks the switch in the lock position (lock member is a spring that abuts the block [43] against the switch, locking it in place, see paragraph [0024], lines 7-11), the lock member and the switch being separately located (see Fig. 3),
wherein when the handle is in an unfolded state (state when handle is extended, see Fig. 1) and operable by the user, an orthographic projection (see body of switch [31] in Figs. 3-4) of the switch and an orthographic projection (see body of lock member [7] in Figs. 3-4) of the lock member to a bottom surface of the body (see Fig. 1) are not overlapping (bodies of switch and lock member do not overlap; see Figs. 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the switch of Lessig with the switch of EP 2476303 B1 since both are devices actuated to cause the handle to fold, yielding the same predictable result.
Regarding claim 17, EP 2476303 B1 discloses a hand-push lawn care vehicle [1], comprising:
a body [4];
a walking wheel set [2 and 3] comprising a walking wheel ([2 and 3] are both walking wheels supporting the body, see Fig. 1) supporting the body;
a function assembly (not shown but inherently present due to being a lawn mower, see Fig. 1) configured to implement a function (work apparatus is a lawn mower; therefore, the function is mowing) of the walking work apparatus;
a drive motor [5] configured to drive the function assembly to operate; and
a handle [7] connected to the body and configured to push the body to walk, wherein the handle comprises:
a hand grip (see below) configured to be held by a user;
a multi-connecting rod assembly (see handle assembly in Fig. 1) connecting the hand grip and the body, wherein the multi-connecting rod assembly comprises at least a first connecting rod [7b], a second connecting rod [7a], and a rotary device (see below) connecting the first connecting rod and the second connecting rod (see Fig. 1); and
a switch (see paragraph [0019], lines 1-5) configured to be operated to a lock position (first axial position, see paragraph [0019], line 2) and an unlocked position (third axial position, paragraph [0019], lines 3-4) wherein, when the switch is operated to the lock position, the first connecting rod is securely connected to the second connecting rod (in the lock position, both pivot ranges are blocked; therefore, securely connecting the rods, see paragraph [0019], line 2), and, when the switch is operated to the unlocked position, the first connecting rod and the second connecting rod are rotatable relative to each other (in the unlocked position, both pivot ranges are released, allowing for rotation; see paragraph [0019], lines 3-4) through the rotary device.
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But EP 2476303 B1 fails to disclose the switch on the hand grip and a lock member operable between a locking state, in which the lock member prevents the switch from being operated from the lock position to the unlocked position, and an unlocking state, in which the lock member permits operation of the switch wherein when the lock member is in the unlocking state, only the switch is operated to allow the first connecting rod and the second connecting rod to be rotatable relative to each other.
Li discloses a similar walking work apparatus (handle [1] is similar to that of a lawnmower; therefore, the handle can be applied to any hand-push apparatus) comprising of a handle [1] and a switch [31] disposed on the hand grip (see Fig. 2) and configured to be operated to a lock position (see Fig. 3; locked when switch is abutted by block [43], see paragraph [0024], lines 9-11) and an unlocked position (see Fig. 4; unlocked when block [43] is removed from abutting switch, see paragraph [0024], lines 11-14) wherein, when the switch is operated to the lock position, the first connecting rod (see below) is securely connected to the second connecting rod (see below; securely connected through block [43] abutting the switch and preventing the handle from folding, see paragraph [0024], lines 9-11), and, when the switch is operated to the unlocked position, the first connecting rod and the second connecting rod are rotatable relative to each other (switch is unlocked when sliding part [4] is slid, overcoming force of lock member [7] and removing block [43]; see paragraph [0024], lines 9-14); and
a lock member [7] operable between a locking state (see Fig. 3), in which the lock member prevents the switch from being operated from the lock position to the unlocked position (prevents operation by pressing block [43] against the switch, see paragraph [0024], lines 7-11), and an unlocking state (see Fig. 4), in which the lock member permits operation of the switch (user slides sliding part [4], overcoming the force of lock member [7] and permitting operation of the switch; see paragraph [0024], lines 7-14);
wherein when the lock member is in the unlocking state, only the switch is operated to allow the first connecting rod and the second connecting rod to be rotatable relative to each other (when force of lock member [7] is overcome, switch is moveable to pull connecting member [6] to allow folding; see paragraph [0024], lines 7-14 and paragraph [0027], lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the switch of Lessig with the switch of EP 2476303 B1 since both are devices actuated to cause the handle to fold, yielding the same predictable result.
Regarding claim 18, EP 2476303 B1, of the above resultant combination, further discloses wherein the multi- connecting rod assembly (see handle assembly in Fig. 1) comprises four rotary devices (see above and [8]; two on each side of the handle so therefore four rotary devices in total) and at least two of the four rotary devices (all four are rotatable) are rotatable relative to the body [4] to change a position of the four rotary devices (all four rotary devices change position through rotating or folding over the body, see Figs. 1-2) relative to the body.
Regarding claim 19, EP 2476303 B1, of the above resultant combination, further discloses wherein the handle [7] is configured to be switched to an unfolded state (see Fig. 1) and a folded state (see Fig. 2) and the position of the rotary device (see above) changes when the handle is switched from the unfolded state to the folded state (changes by folding over the body, see Figs. 1-2).
Regarding claim 20, EP 2476303 B1, of the above resultant combination, further discloses wherein the handle [7] is configured to be switched to an unfolded state (see Fig. 1) and a folded state (see Fig. 2) and the hand grip (see above) is disposed at a rear side (see Fig. 2) of the first connecting rod [7b] when the handle is switched from the unfolded state to the folded state (see Figs. 1-2).
Response to Arguments
Applicant’s arguments with respect to claims 1-14 and 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for the full list of references.
Reference US 6464242 B2 discloses a similar walking work apparatus (see Fig. 1) comprising of a switch [35] and a lock member [34]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNNY WEBB whose telephone number is (571)272-3830. The examiner can normally be reached Monday - Friday 8:30 to 5:30 E.T..
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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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/SUNNY D WEBB/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671