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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
lock member being disposed on a second lateral side of the hand grip opposite the first lateral side in claims 1 and 17;
the switch and lock member being spaced apart from each other by a gap along an extension direction of the handle in claims 1 and 17;
the lock member abutting the switch in claim 1, 16 and 17 (please see response to arguments section below);
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-14, and 16-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1, lines 22-24 set forth “the switch being disposed on a first lateral side of the hand grip, the lock member being disposed on a second lateral side of the hand grip opposite the first lateral side”. As can be seen in the annotated drawing below, despite the bend in the hand grip, both the switch and the lock member are located on the same lateral side of the hand grip. Further, the location of the switch and the lock member are not described within the specification; therefore, the claim is rejected for containing subject matter which was not described in the specification in such a way as to reasonably convey the inventor had possession of the claimed invention.
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For the purpose of the examination, the examiner is interpreting this limitation to mean “the switch being disposed on a first lateral side of the hand grip, the lock member being disposed on the first lateral side of the hand grip” in order to coincide with what is shown in the drawings.
Due to dependency on claim 1, claims 2-3 and 5-14 are rejected as well.
Claim 17 recites the same limitation and is rejected for the same reason as above; claims 18-20 are rejected for dependency on claim 17.
Claim 1, lines 24-25 set forth “the switch and the lock member being spaced apart from each other by a gap along an extension direction of the handle”. However, the extension direction of the handle is a vertical direction as the handle extends from the hand grip to the body of the mower, see below. Due to the extension direction of the handle being a vertical direction, the gap between the switch and lock member would also need to be vertical. Rather, as shown in the drawings, there is a horizontal gap between the switch and the lock member coinciding with the horizontal extension direction of the hand grip as it extends from one side of the handle to the other, see below. As the specification does not disclose the gap in the extension direction and the drawings fail to show a gap between the members in an extension direction of the handle, the claim is rejected for containing subject matter which was not described in the specification in such a way as to reasonably convey the inventor had possession of the claimed invention.
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For the purpose of the examination, the examiner is interpreting this limitation to mean “the switch and the lock member being spaced apart from each other by a gap along an extension direction of the hand grip”.
Claim 17 recites the same limitation and is rejected for the same reason as above.
Claim 16, lines 24-25 set forth “wherein the switch and lock member are arranged to be operated by two separate hands of the user”. However, the arrangement of the switch and lock member for operation by two hands of the user is not disclosed within the specification. Further, from the drawings, it does not appear that two hands would be needed for unlocking the switch. Specifically, due to the absence of details of the arrangement within the specification, the drawings appear that a user would be able to reach both the switch and the locking member with one hand and, due to both having actuation of a button pushed downwards (see para. [0039], lines 7-15), would be easy to actuate both with the one hand.
It can be seen then that there are not enough details provided within the disclosure for one of ordinary skill in the art to come to the conclusion that two hands are needed to actuate both the switch and the lock member; therefore, the claim is rejected for containing subject matter which was not described in the specification in such a way as to reasonably convey the inventor had possession of the claimed invention.
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) 1-3, 5-14 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) and Nakao et al. (US 4660850 A).
Regarding claim 1, EP 2476303 B1 discloses a walking work apparatus [1], comprising:
a body [4] comprising a housing (body is the housing, see Fig. 1);
a walking wheel set [2 and 3] comprising a walking wheel ([2 and 3] are both walking wheels supporting the body, see Fig. 1) connected to the body to support the body;
a mowing assembly (walking work apparatus [1] is a mowing assembly due to being a lawn mower, see para. [0001], line 1) comprising a mowing blade (not shown but inherently present due to being a lawn mower, see Fig. 1) for mowing;
a drive motor [5] configured to drive the mowing assembly to preform mowing (not shown but inherent due to being a lawn mower); 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, the switch being disposed on a first lateral side of the hand grip, the lock member being disposed on the first lateral side, and the switch and the lock member being spaced apart from each other by a gap along an extension direction of the hand grip, wherein, when the switch is not pressed, the switch is in the lock position, and the lock member abuts the switch so that the switch cannot be pressed, and wherein, when a user switches the switch to the unlocked position, the user first presses the lock member to unlock the switch and then presses the switch (please see 112(a) rejection above).
Li discloses a similar walking work apparatus (see Fig. 1, handle [1] is similar to that of a lawnmower) comprising of a handle [1]; and
a switch [31] disposed on the hand grip (see below) configured to be operated to a lock position (see Fig. 3; locked when switch is abutted by block [43] through force of locking member [7], 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 handle is prevented from folding (block [43] abuts the switch and prevents the handle from folding, see paragraph [0024], lines 9-11 and Fig. 3), and, when the switch is operated to the unlocked position, the handle is capable of folding (handle can be folded when sliding part [4] is actuated, removing the force of the lock member [7] against block [43] and allowing switch to be actuated, see paragraph [0024], lines 9-14 and Fig. 4); and
a lock member [7] that locks the switch in the lock position ([7] forces block [43] into abutment with the switch; thereby locking the switch, see paragraph [0024], lines 7-11 and Fig. 3), the lock member and the switch being separately located (see Fig. 3), the switch being disposed on a first lateral side (see below) of the hand grip, and the switch and the lock member being spaced apart from each other by a gap (see below) along an extension direction (see below) of the hand grip, wherein, when the switch is not pressed, the switch is in the lock position (switch remains locked through lock member [7] abutting block [43] against it, see para. [0024], lines 9-11), and the lock member abuts the switch so that the switch cannot be pressed (abuts the switch through block [43], see Fig. 3), and wherein, when a user switches the switch to the unlocked position, the user first presses the lock member to unlock the switch and then presses the switch (user presses lock member through sliding part [4]; pressing the spring of the lock member back to release block [43] from abutment to allow the switch to be actuated, see para. [0024], lines 9-14) and Figs. 3-4).
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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 EP 2476303 B1 with the switch of Li since both are switches with a locked and unlocked position for folding/unfolding of the handle; therefore, yielding the same predictable result. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the lock member of Li on the handle of EP 2476303 B1 in order to lock the switch to prevent accidental actuation of the switch while the walking work apparatus is in use (see Li para. [0024], lines 9-11). It can be seen then that when the switch and lock member of Li is applied to the handle of EP 2476303 B1 that the rotary device is allowed or prevented to rotate based on the actuation of the switch and lock member (see Li para. [0024], lines 9-11 and Figs. 3-4).
But Li fails to disclose the lock member being disposed on the first lateral side of the hand grip.
Nakao et al. discloses a similar walking work apparatus (see Fig. 1, handle [6] is similar to that of a lawnmower) comprising of a handle [6]; and
a switch ([86], see Col. 3, lines 3-5) disposed on the hand grip and configured to be operated to a lock position (locked when lock member [96] isn’t actuated, see Col. 4, lines 10-25) and an unlocked position (lock member is actuated, allowing for actuation of the switch, see Col. 4, lines 10-25 and 36-45);
a lock member ([96], see Col. 3, lines 19-28 and Col. 4, lines 10-25) that locks the switch in the lock position, the lock member and the switch being separately located (see Fig. 6), the switch being disposed on a first lateral side (see below) of the hand grip (see below), the lock member being disposed on the first lateral side (see below) of the hand grip, and the switch and the lock member being spaced apart from each other by a gap (see below) along an extension direction (see below) of the hand grip.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the lock member of Li to be on the same lateral side as the switch as taught by Nakao et al. in order to achieve the benefit of easier and more convenient actuation for the user while preventing accidental folding of the handle (see Nakao et al. Col. 3, lines 19-28). Further, modifying the location of the lock member of Li to the location as disclosed by Nakao et al. would not prevent the lock member from abutting the switch (see Li para. [0024], lines 9-14) and therefore would be an obvious modification to one of ordinary skill in the art.
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 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 handle (connected to entire frame of the handle).
But Li fails to explicitly disclose it connects to the second connecting rod.
However, EP 2476303 B1 discloses the second connecting rod [7a].
It can be seen then that when Li's switch is provided to the handle of EP 2476303 B1 that the connection member of Li is connected to the second connecting rod of EP 2476303 B1 as the connection member is connected to the entire handle 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 (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 from folding; see paragraph [0024], lines 9-14) when the switch [31] is in the lock position (see Fig. 3; locked when switch is abutted by block [43] through force of locking member [7], see paragraph [0024], lines 9-11) and the connection member releases the handle from being stopped (when switch is unlocked and actuated, 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; unlocked when block [43] is removed from abutting switch, see paragraph [0024], lines 11-14).
But Li fails to disclose the connection member abuts the second connecting rod to stop the rotary device from rotating when the switch is in the locked position and the connection member releases the rotary device from being stopped when the switch is in the unlocked position.
However, EP 2476303 B1 discloses the rotary device (see above).
It can be seen then that when Li's connection member is provided to the handle of EP 2476303 B1 that the rotary member of EP 2476303 B1 is allowed and prevented to rotate based on a position of the switch in communication with the connection member and the handle 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] comprising a housing (body is the housing, see Fig. 1);
a walking wheel set [2 and 3] comprising a walking wheel ([2 and 3] are both walking wheels supporting the body, see Fig. 1) connected to the body to support the body;
a mowing assembly (walking work apparatus [1] is a mowing assembly due to being a lawn mower, see para. [0001], line 1) comprising a mowing blade (not shown but inherently present due to being a lawn mower, see Fig. 1) for mowing;
a drive motor [5] configured to drive the mowing assembly to preform mowing (not shown but inherent due to being a lawn mower);
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 switch is not pressed, the switch is in the lock position, and the lock member abuts the switch so that the switch cannot be pressed, and wherein the switch and lock member are arranged to be operated by two separate hands of the user and to operate the switch to the unlocked position, a user first presses the lock member to unlock the switch and then presses the switch, 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) comprising of a handle [1]; and
a switch [31] disposed on the hand grip (see below) configured to be operated to a lock position (see Fig. 3; locked when switch is abutted by block [43] through force of locking member [7], 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 handle is prevented from folding (block [43] abuts the switch and prevents the handle from folding, see paragraph [0024], lines 9-11 and Fig. 3), and, when the switch is operated to the unlocked position, the handle is capable of folding (handle can be folded when sliding part [4] is actuated, removing the force of the lock member [7] against block [43] and allowing switch to be actuated, see paragraph [0024], lines 9-14 and Fig. 4); and
a lock member [7] disposed on the hand grip (see below) and configured to lock the switch in the lock position ([7] forces block [43] into abutment with the switch; thereby locking the switch, see paragraph [0024], lines 7-11 and Fig. 3), the lock member and the switch being separately located (see Fig. 3), wherein, when the switch is not pressed, the switch is in the lock position (switch remains locked through lock member [7] abutting block [43] against it, see para. [0024], lines 9-11), and the lock member abuts the switch so that the switch cannot be pressed (abuts the switch through block [43], see Fig. 3), and to operate the switch to the unlocked position, a user first presses the lock member to unlock the switch and then presses the switch (user presses lock member through sliding part [4]; pressing the spring of the lock member back to release block [43] from abutment to allow the switch to be actuated, see para. [0024], lines 9-14) and Figs. 3-4),
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).
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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 EP 2476303 B1 with the switch of Li since both are switches with a locked and unlocked position for folding/unfolding of the handle; therefore, yielding the same predictable result. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the lock member of Li on the handle of EP 2476303 B1 in order to lock the switch to prevent accidental actuation of the switch while the walking work apparatus is in use (see Li para. [0024], lines 9-11). It can be seen then that when the switch and lock member of Li is applied to the handle of EP 2476303 B1 that the rotary device is allowed or prevented to rotate based on the actuation of the switch and lock member (see Li para. [0024], lines 9-11 and Figs. 3-4).
But Li fails to explicitly disclose wherein the switch and lock member are arranged to be operated by two separate hands of the user
Nakao et al. discloses a similar walking work apparatus (see Fig. 1, handle [6] is similar to that of a lawnmower) comprising of a handle [6]; and
a switch ([86], see Col. 3, lines 3-5) disposed on the hand grip and configured to be operated to a lock position (locked when lock member [96] isn’t actuated, see Col. 4, lines 10-25) and an unlocked position (lock member is actuated, allowing for actuation of the switch, see Col. 4, lines 10-25 and 36-45);
a lock member ([96], see Col. 3, lines 19-28 and Col. 4, lines 10-25) that locks the switch in the lock position, the lock member and the switch being separately located (see Fig. 6), and wherein the switch and lock member are arranged to be operated by two separate hands of the user (switch and lock member are levers that need to be pulled towards the hand grip to be actuated, see Figs. 6-9; one hand cannot pull both levers due to the location of the levers and the opposing actuation directions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the lock member of Li to be on the same lateral side as the switch as taught by Nakao et al. in order to achieve the benefit of easier and more convenient actuation for the user while preventing accidental folding of the handle (see Nakao et al. Col. 3, lines 19-28). Further, modifying the location of the lock member of Li to the location as disclosed by Nakao et al. would not prevent the lock member from abutting the switch (see Li para. [0024], lines 9-14) and therefore would be an obvious modification to one of ordinary skill in the art. Therefore, when the location of the lock member of Li is modified to be in the location of the lock member of Nakao et al., the user will have to use two hands to actuate both the switch and the lock member due to both being located on the same side of the hand grip and actuating in opposite directions (see Li’s Figs. 3-4).
Regarding claim 17, EP 2476303 B1 discloses a hand-push lawn care vehicle [1], comprising:
a body [4] comprising a housing (body is the housing, see Fig. 1);
a walking wheel set [2 and 3] comprising a walking wheel ([2 and 3] are both walking wheels supporting the body, see Fig. 1) connected to the body to support the body;
a mowing assembly (walking work apparatus [1] is a mowing assembly due to being a lawn mower, see para. [0001], line 1) comprising a mowing element (not shown but inherently present as every lawn mower comprises a mowing element) for mowing, wherein the mowing element is a mowing blade (not shown but inherently present due to being a lawn mower, see Fig. 1);
a drive motor [5] configured to drive the mowing assembly to preform mowing (not shown but inherent due to being a lawn mower); 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, in the locking state, the lock member abuts the switch so that the switch cannot be pressed, wherein the switch is disposed on a first lateral side of the hand grip, the lock member is disposed on the first lateral side, and the switch and the lock member are spaced apart from each other by a gap along an extension direction of the hand grip, 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 (please see 112(a) rejection above).
Li discloses a similar walking work apparatus (see Fig. 1, handle [1] is similar to that of a lawnmower) comprising of a handle [1]; and
a switch [31] disposed on the hand grip (see below) configured to be operated to a lock position (see Fig. 3; locked when switch is abutted by block [43] through force of locking member [7], 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 handle is prevented from folding (block [43] abuts the switch and prevents the handle from folding, see paragraph [0024], lines 9-11 and Fig. 3), and, when the switch is operated to the unlocked position, the handle is capable of folding (handle can be folded when sliding part [4] is actuated, removing the force of the lock member [7] against block [43] and allowing switch to be actuated, see paragraph [0024], lines 9-14 and Fig. 4); and
a lock member [7] operable between a locking state ([7] forces block [43] into abutment with the switch; thereby locking the switch, see paragraph [0024], lines 7-11 and Fig. 3), in which the lock member prevents the switch from being operated from the lock position to the unlocked position, and an unlocking state ([7] is pressed back due to sliding part [4], releasing the abutment of block [43] against the switch, unlocking the switch, para. [0024], lines 9-14 and Figs. 3-4), in which the lock member permits operation of the switch, wherein, in the locking state, the lock member abuts the switch so that the switch cannot be pressed (abuts the switch through block [43], see Fig. 3), wherein the switch is disposed on a first lateral side (see below) of the hand grip, the switch and the lock member being spaced apart from each other by a gap (see below) along an extension direction (see below) of the hand grip;
wherein when the lock member is in the unlocking state, only the switch is operated to allow the handle to fold (see para. [0024], lines 9-14).
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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 EP 2476303 B1 with the switch of Li since both are switches with a locked and unlocked position for folding/unfolding of the handle; therefore, yielding the same predictable result. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the lock member of Li on the handle of EP 2476303 B1 in order to lock the switch to prevent accidental actuation of the switch while the walking work apparatus is in use (see Li para. [0024], lines 9-11). It can be seen then that when the switch and lock member of Li is applied to the handle of EP 2476303 B1 that the rotary device is allowed or prevented to rotate based on the actuation of the switch and lock member (see Li para. [0024], lines 9-11 and Figs. 3-4).
But Li fails to disclose the lock member being disposed on the first lateral side of the hand grip.
Nakao et al. discloses a similar walking work apparatus (see Fig. 1, handle [6] is similar to that of a lawnmower) comprising of a handle [6]; and
a switch ([86], see Col. 3, lines 3-5) disposed on the hand grip and configured to be operated to a lock position (locked when lock member [96] isn’t actuated, see Col. 4, lines 10-25) and an unlocked position (lock member is actuated, allowing for actuation of the switch, see Col. 4, lines 10-25 and 36-45);
a lock member ([96], see Col. 3, lines 19-28 and Col. 4, lines 10-25) that locks the switch in the lock position, the lock member and the switch being separately located (see Fig. 6), the switch being disposed on a first lateral side (see below) of the hand grip (see below), the lock member being disposed on the first lateral side (see below) of the hand grip, and the switch and the lock member being spaced apart from each other by a gap (see below) along an extension direction (see below) of the hand grip.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the lock member of Li to be on the same lateral side as the switch as taught by Nakao et al. in order to achieve the benefit of easier and more convenient actuation for the user while preventing accidental folding of the handle (see Nakao et al. Col. 3, lines 19-28). Further, modifying the location of the lock member of Li to the location as disclosed by Nakao et al. would not prevent the lock member from abutting the switch (see Li para. [0024], lines 9-14) and therefore would be an obvious modification to one of ordinary skill in the art.
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
Please see updated art rejections above in response to applicant’s claim amendments, now including Nakao et al. (US 4660850 A).
The following limitation is objected to for the drawings failing to show every feature- “the lock member abuts the switch so that the switch cannot be pressed”. The drawings show the lock member and the switch as two separate buttons on the hand grip, and how the lock member abuts the switch is not shown. As there are a variety of ways the abutment can occur, the drawings are objected to for failing to show this relationship between the two members.
Applicant’s remarks in page 3 set forth “Amended claim 16 now requires that the switch and the lock member are arranged to be operated by two separate hands of the user.” and further Li “is a one-hand sequence in which the user first moves sliding part 4 so that fixture block 43 disengages from draw-in groove 32, and then presses handle knob 31 to unlock the frame.”
It is not clear from the disclosure that the Applicant’s switch and lock member require two hands to be actuated (see 112(a) rejection above). However, when the lock member of Li is modified to be in the position on the first lateral side as taught by Nakao et al., the lock member [7] is actuated by sideways movement of the sliding part [4] while the switch [31] is actuated by sideways movement in the opposite direction (see Figs. 3-4). It would be difficult for one hand to move two separate members in opposite directions; therefore, it can be seen that the modification would require the user to use both hands to actuate the switch/lock member.
Applicant’s remarks in pages 3-4 set forth “The rejection does not identify any disclosure in Li that the switch and the lock member are arranged on opposite lateral sides of the hand grip. Nor… spaced apart by a gap along the extension direction of the handle.”
It is noted that the Applicant’s switch and lock member are arranged on the same lateral side, and spaced by a gap along the extension direction of the hand grip (see 112(a) rejection above). With this interpretation of the limitation, Nakao et al. discloses a switch and lock member arranged on the same lateral side (see above). The lock member of Li can be modified to be on the same lateral side as the switch as taught by Nakao et al. as this modification would still allow the lock member to abut the block [43] against the switch for locking/unlocking.
Further, Applicant provides no criticality for the arrangement of the switch and lock member. Specifically, there is no benefit disclosed for arranging the switch and lock member on opposite lateral sides or the same lateral side (as interpreted by the examiner). It can be seen then that the rearrangement of the lock member of Li to the same side as taught by Nakao et al. is well known in the art and would produce a known result.
In page 4 of the remarks, Applicant sets forth “Li’s spring is not described as the user-operated member that the user actuates before actuating the switch. Rather, Li explains that the user first moves sliding part 4 so that fixture block 43 disengages from draw-in groove 32, and then presses handle knob 31 to unlock the frame.”
However, Li’s lock member [7] abuts the fixture block [43] against the switch [31], preventing movement of the switch accidentally. As can be seen in Figs. 3 and 4, sliding movement of sliding part [4] compresses the lock member, removing the block [43] from abutment against the switch and therefore freeing the switch for folding of the handle; therefore, only actuation of the lock member allows for actuation of the switch. Li’s lock member [7] has to be actuated by the user through the sliding part [4] for folding of the handle (see Li para. [0024], lines 7-14); therefore, the lock member is a user-operated member that the user actuates before actuating the switch.
This meets the newly added limitation as added in claim 1 of “the user first presses the lock member to unlock the switch and then presses the switch”. As the user slides sliding part [4], the lock member [7] is pressed into the configuration as shown in Fig. 4, and then the user can press the switch [31] towards the hand grip thereby allowing the handle to fold.
Finally, as set forth in Applicant’s remarks page 6, Applicant argues that the art of EP 2476303 B1 and the art of Li are structurally different. Specifically, “this stroller context is materially different from the context of the present application.”
However, EP 2476303 B1 discloses a lawn mower with a folding handle similar to the one being claimed in the application. While Li discloses a folding stroller, the examiner is not applying the structure of the stroller to the structure of the lawn mower of EP 2476303 B1, rather the examiner is applying the switch and lock mechanism of Li to the mower as a user controlled way of folding the handle. A similar switch to the one taught in Li is disclosed in EP 2476303 B1; therefore, the combination of references are analogous due to teaching similar user actuation mechanisms to fold the handle. Therefore, this argument is not persuasive, as only the user actuation mechanism of Li is applied to the mower of EP 2476303 B1. This is similar to newly added art of Nakao et al.; the structure of the stroller is not being applied to the lawn mower but rather the layout of the switch and lock member mechanism.
It is for these reasons that the arguments are not persuasive and the rejection of EP 2476303 B1 in view of Li (CN 202896648 U) and Nakao et al. (US 4660850 A) is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/SUNNY D WEBB/Examiner, Art Unit 3671 /CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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