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 .
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 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka et al. (US 12150404 B2) in view of Graham et al. (US 20230049230 A1) and Osborne (US 7318309 B2).
Regarding claim 1, Yamaoka et al. discloses an electric working machine [100], comprising:
a machine body [11];
a motor [122] mounted on the machine body and driven by electric power supplied from a battery ([151], see Col. 6, lines 49-51);
a working part [121] driven by motive power of the motor and configured to perform work (see Col. 6, lines 40-41);
an operation part (see Fig. 3) operated by a user and configured to control an operation of at least one of the working part (through [143], see Col. 6, lines 35-41 and Col. 7, lines 26-29) or the motor (through [142], see Col. 1, lines 56-58);
a handle [14] that extends rearward with respect to the machine body and is gripped by a user of the electric working machine at least when the machine body is caused to travel (gripped at [141]); and
the operation part comprises:
a movement operating portion ([142]; controls the walking state and therefore the movement of the working machine, see Col. 1, lines 56-58), and
a blade operating portion [143] that is provided between a frame ([144], see Col. 7, lines 6-8) and the movement operating portion (while the blade operating portion appears connected to the top of the frame, it is still located between the frame and the movement operating portion, see Figs. 1-3), and is configured to control the driving of the motor, thereby driving the working part (starts the working machine and therefore the operation of the blades, see Col. 6, lines 35-41 and Col. 7, lines 26-29)
wherein the frame is disposed to be separated from and forward of the blade operating portion (see Figs. 1-3),
wherein a first distance (see below) between the blade operating portion and the frame is shorter than a second distance (see below) between the movement operating portion and the frame,
wherein the handle comprises a pivot portion ([107], see Col. 7, lines 2-6) pivotally supported by the machine body, and in a folded position (see Fig. 7) where the handle is pivoted forward about the pivot portion and the grip portion [141a] is located forward of the machine body (entire operation portion is located forward of the machine body and the front wheel [131], see Fig. 7), and the frame [144] is arranged forward of a cover (top piece covering the machine body, motor, and working part, see Fig. 1) configured to cover the motor and be disposed above a front wheel [131] disposed at the front portion of the machine body (when folded, frame [144] and operation portion are forward of the cover and above the front wheel, see Fig. 7).
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But Yamaoka et al. fails to disclose a display device provided on the handle and including a display, wherein the display device is disposed to be separated from and forward of the blade operating portion, and wherein a first distance between the blade operating portion and the display device is shorter than a second distance between the movement operating portion and the display device, a movement operating portion that is provided on a grip portion of the handle for being gripped by the user and is configured to control driving of the motor, thereby driving a driving wheel provided for the machine body and moving the machine body, and in a folded position the display device is arranged forward of a cover configured to cover the motor and be disposed above a front wheel disposed at the front portion of the machine body.
Graham et al. discloses a similar electric working machine [10] comprising a display device [70] provided on the handle [22] and including a display (see para. [0022], lines 14-15), and located within a similar frame [34], and wherein a first distance (see below) between the blade operating portion ([50], user moves to start working machine and therefore the operation of the working part, see para. [0021], lines 1-4) and the display device is shorter than a second distance (see below) between the movement operating portion ([66], see para. [0022], lines 6-12) and the display device.
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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 frame of Yamaoka et al. with the frame comprising the display device of Graham et al. since both are frames forming a support between the sides of the handle of the working machine; therefore, yielding the same predictable result. It can be seen then that when the frame and display device of Graham et al. are provided as the frame on the handle of Yamaoka et al. that the first distance between the blade operating portion and the display device is shorter than the second distance between the movement operating portion and the display device, with the display device separate from and forward of the blade operating portion, due to the position of the frame of Yamaoka et al. (see above); and the display device is arranged forward of the cover and above the front wheel when the handle is pivoted as disclosed by Yamaoka et al. (see the frame [144] forward of the cover and the front wheel in Fig. 7).
But Graham et al. fails to explicitly disclose a movement operating portion that is provided on a grip portion of the handle for being gripped by the user and is configured to control driving of the motor, thereby driving a driving wheel provided for the machine body and moving the machine body, and a blade operating portion that is configured to control the driving of the motor, thereby driving the working part.
Osborne discloses a similar electric working machine [LM] comprising of an operation part [12] operated by a user and configured to control an operation of at least one of the working part (controls working part through [OPC], see Col. 5, lines 53-67) or the motor (controls motor through speed control [20], see Col. 6, lines 16-21);
wherein the operation part comprises a movement operating portion [20] that is provided on a grip portion [18] of the handle [H] for being gripped by the user and is configured to control driving of the motor (controls driving of the motor through controlling the speed, see Col. 7, lines 48-59), thereby driving a driving wheel [WD] provided for the machine body and moving the machine body, and
a blade operating portion [OPC] that is provided in front of the movement operating portion (see Fig. 1A) and is configured to control the driving of the motor, thereby driving the working part (see Col. 5, lines 53-67).
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 operation part of Yamaoka et al. with the operation part of Osborne since both are mechanisms used to drive the motor and cutting elements of the lawnmower, yielding the same predictable result; as well as increasing the safety for the operator through controlling the power being transferred to the motor and cutting elements (see Osborne Col. 5, lines 53-67 and Col. 7, lines 48-59).
Regarding claim 9, Yamaoka et al., of the above resultant combination further discloses the frame [144] and the grip portion [141a] are arranged in parallel to each other (see Figs. 1-3), but fails to explicitly disclose the display and the grip portion are parallel to each other.
However, Graham et al. discloses a similar frame [34] comprising the display ([70]; see para. [0022], lines 14-15).
It can be seen then that when Graham et al.’s frame replaces the frame of Yamaoka et al. that the display and the grip portion are arranged in parallel to each other as taught by the position of the frame of Yamaoka et al. (see Figs. 1-3).
Claim(s) 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka et al. (US 12150404 B2), Graham et al. (US 20230049230 A1), and Osborne (US 7318309 B2) as applied to claims 1 and 9 above, and further in view of Liu (CN 105612906 A) and Gunter (DE 10327223 A1).
Regarding claim 2, the above resultant combination discloses the electric working device as provided above, but fails to disclose an imaging portion provided at a front portion of the machine body and configured to capture an area forward of the machine body, wherein imaging information captured by the imaging portion is displayed on the display of the display device, and the motor is disposed between the imaging portion and the display device.
Liu discloses a similar electric working machine (see Fig. 1) comprising of a display device [13] including a display (display of [13], see para. [0013], lines 3-4) and configured to display imaging information on the display of the display device (see para. [0012], lines 7-8).
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 display device of Graham et al. with the display device of Liu since both are displays used to communicate information to a user, yielding the same predictable result; as well as for utilizing a larger display for ease of use (see Liu para. [0013], lines 3-4).
But Liu fails to explicitly disclose an imaging portion provided at a front portion of the machine body and configured to capture an area forward of the machine body and the motor is disposed between the imaging portion and the display device.
Gunter teaches a similar electric working machine (see Fig. 1) comprising an imaging portion [4] provided at a front portion (see below) of the machine body (see below) and configured to capture an area forward of the machine body (see paragraph [0006], lines 4-8).
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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 provide the imaging portion of Gunter on the electric working machine of Yamaoka et al., Graham et al., Osborne, and Liu in order to create an image of the ground surface the mower is traveling on (see Gunter paragraph [0006], lines 4-8). It can be seen then that when the imaging portion is applied to the front portion of the electric machine of Yamaoka et al., Graham et al., Osborne, and Liu that the motor is disposed between the location of the imaging portion and the display device due to the imaging portion being located at the front of the machine body as disclosed by Gunter (see above).
Regarding claim 3, Yamaoka et al., of the above resultant combination, further discloses wherein the operation part (see Fig. 3) is provided on the handle [14].
Regarding claim 4, Yamaoka et al., of the above resultant combination, further discloses wherein the machine body [11] comprises the cover (top piece covering the machine body, motor, and working part, see Fig. 1) that covers an upper portion of a body (see Fig. 1) accommodating the motor ([122]; see Col. 6, lines 41-44), but fails to disclose the imaging portion is disposed below an upper end of the cover that is an uppermost portion.
However, Gunter discloses wherein the imaging portion [4] is disposed below an upper end (see below) of the machine body (see above; imaging portion is underneath the machine body).
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It can be seen then that when the imaging portion of Gunter is provided to the working machine of Yamaoka et al., Graham et al., Osborne, and Liu that the imaging portion is disposed below an upper end of the cover that is an uppermost portion as disclosed by Gunter (imaging portion is underneath the machine body, see Fig. 1).
Claim(s) 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka et al. (US 12150404 B2), Graham et al. (US 20230049230 A1), Osborne (US 7318309 B2), Liu (CN 105612906 A) and Gunter (DE 10327223 A1) as applied to claims 2-4 above, and further in view of Schneidau et al. (US 8978947 B2).
Regarding claim 5, Graham et al., of the above resultant combination, further discloses wherein the display device [70] comprises a frame [34] configured to hold the display (see para. [0022], lines 14-15 and see Fig. 2), the frame extends from the display along a direction orthogonal (see below) to a direction in which the handle [22] extends (see below), and an end portion of the frame is attached on the handle (see end portions attached to handle in Fig. 2), but fails to disclose an end portion of the frame is pivotally supported on the handle via a fastener.
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Schneidau et al. discloses a similar working machine ([10]; work of pushing child) wherein the display device [30] comprises a frame [100] configured to hold the display (display of [30]), the frame extends from the display along a direction orthogonal (see below) to a direction in which the handle [20] extends (see below), and an end portion of the frame (see end portion in Fig. 12) is pivotally supported on the handle via a fastener ([35]; see Col. 4, lines 14-20).
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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 attachment of the end portions of the frame of Graham et al. with the fastener of Scheidau et al. since both are ways to connect the frame of the display device to the handle of the working machine, yielding the same predictable result; as well as for the user to adjust the display to different angles for optimal viewing (see Scheidau et al. Col. 4, lines 14-20).
Regarding claim 10, the above resultant combination discloses the working machine as applied above, as well as wherein the display device comprises a frame configured to hold the display (see Graham et al.’s display device [70] in frame [34]), the frame supported on the handle (see point where frame attaches to handle [22] in Graham’s Fig. 2), and wherein the frame is located forward of the operation portion (see location of Yamaoka et a.’s frame [144] forward of the operation portion in Figs. 1-3).
But the combination fails to explicitly disclose the frame is pivotally supported on the handle via a fastener, the blade operating portion comprises a connecting section pivotally supported on the handle, and the fastener is disposed forward of the connecting section.
However, Osborne discloses the blade operating portion [OPC] comprises a connecting section (section connecting [OPC] to handle [H], see Col. 5, lines 32-35) pivotally supported on the handle [H].
It can be seen then that when Yamaoka et al.'s operating portion is substituted with Osborne's operating portion that the blade operating portion is pivotally supported on the handle of Yamaoka et al. as disclosed by Osborne (see Col. 5, lines 32-35).
But Osborne fails to disclose the frame is pivotally supported on the handle via a fastener and the fastener is disposed forward of the connecting section.
Schneidau et al. discloses a similar working machine ([10]; work of pushing child) wherein the display device [30] comprises a frame [100] configured to hold the display (display of [30]), the frame is pivotally supported on the handle [20] via a fastener ([35]; see Col. 4, lines 14-20).
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 attachment of the end portions of the frame of Graham et al. with the fastener of Scheidau et al. since both are ways to connect the frame of the display device to the handle of the working machine, yielding the same predictable result; as well as for the user to adjust the display to different angles for optimal viewing (see Scheidau et al. Col. 4, lines 14-20). It can be seen then that when the fastener of Scheidau et al. is applied to the frame of Graham et al. that the fastener is disposed forward of the connecting section due to the frame being forward of the operating portion as disclosed by Yamaoka et al. (see Figs. 1-3).
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka et al. (US 12150404 B2), Graham et al. (US 20230049230 A1), and Osborne (US 7318309 B2) as applied to claims 1 and 9 above, and further in view of Daly et al. (US 7367173 B2).
Regarding claim 6, the above combination discloses the working machine as applied above, but the combination fails to disclose wherein the display has an input function of receiving a setting related to an operation of the electric working machine from the user.
Daly et al. discloses a similar electric working machine [10] wherein the display [56] has an input function (has administrator/supervisor settings to be set by user, see Col. 4, lines 3-5) of receiving a setting related to an operation of the electric working machine from the user (see Col. 4, lines 6-15).
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 display device of Graham et al. with the display device of Daly et al. since both are displays used to communicate information to a user, yielding the same predictable result; as well as to allow control over settings to program the working machine to the individual use of the user (see Daly et al. Col. 4, lines 3-15).
Regarding claim 7, Daly et al., of the above resultant combination, further discloses wherein the display [56] has a function (displays a user interface; see Col. 3, lines 18-20) of displaying a plurality of options (see Col. 4, lines 6-8) for the user to select a work mode (selecting different rates or speeds of working part, see Col. 4, lines 6-8) of the working part [14], and the working part operates in accordance with the work mode that has been selected (see Col. 4, lines 9-12).
Regarding claim 8, Daly et al., of the above resultant combination, further discloses wherein the display [56] is configured to display, as pieces of working machine [10] information, at least two or more pieces of information among operation information (see Col. 4, lines 6-8) of the working part [14], drive information of the motor (controller [58] controls motor, displays information on display [56], see Col. 3, lines 18-20 and 36-37), travel information of the machine body, electric power information of the battery, position information of the machine body, and sensor information of a sensor (see Col. 3, lines 49-52) attached to the machine body, and the display displays information selected by the user from among the pieces of working machine information (see Col. 3, lines 24-30).
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka et al. (US 12150404 B2), Graham et al. (US 20230049230 A1), and Osborne (US 7318309 B2) as applied to claims 1 and 9 above, and further in view of Steele (US 4870811 A).
Regarding claim 11, the above combination discloses the working machine as applied above, but fails to explicitly disclose a power supply portion configured to turn on at least one of the motor, the working part, the operation part, or the display device, wherein the power supply portion is disposed on the handle, and the display device is disposed rearward of the power supply portion.
Steele discloses a similar electric working machine [11] comprising of a power supply portion [38] configured to turn on at least one of the motor, the working part (see Col. 5, lines 1-6), the operation part, or the display device, wherein the power supply portion is disposed on the handle (see below), and disposed rearward of a frame (see below) on the handle.
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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 provide the power supply portion of Steele on the working machine of Yamaoka et al., Graham et al. and Osborne in order for the blades of the working part to be shut down without disturbing operation of the rest of the working machine (see Steele Col. 5, lines 1-6). It can be seen then that when the power supply portion of Steele is applied to the handle of the working machine of Yamaoka et al., Graham et al. and Osborne that the display device of Graham et al. is disposed rearward of the power supply portion due to the power supply portion being located rearward of the frame of the Steele (see above).
Examiner's Note: Osborne's blade operating portion [OPC] disables and activates the motor and cutting elements through an ON and OFF state (see Osborne Col. 5, lines 53-67 and Col. 6, lines 1-5), but does not start the motor as is taught by Yamaoka et al.'s power supply portion above.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 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.
Applicant’s remarks in pages 2-4 set forth that the combination of Liu in view of Yamaoka et al. fails to explicitly disclose the display device of Liu will be forward of the cover and above the front wheel of the working machine when pivoted through the pivot device of Yamaoka et al. Examiner agrees.
As can been seen above, newly applied reference Graham et al. (US 20230049230 A1) discloses a similar working machine comprising a display device [70] located within a frame [34] similar to the frame as set forth in applicant’s claim 5. Yamaoka et al. (US 12150404 B2) discloses a similar frame [144] without the display device, however the frame is located forward of the movement and blade operating portions [142 and 143] and, when the handle is pivoted through the use of the pivot device [107], is located forward of the cover and above the front wheel of the working machine (see Yamaoka et al.’s Fig. 7). As both references disclose similar frames, it would be obvious to one of ordinary skill in the art to substitute the frame of Yamaoka et al. with the frame and display device of Graham et al.; therefore, the display device is located forward of the cover and above the front wheel of the working machine.
While the display device of Graham et al. is smaller and located on a side of the frame, it would be obvious to one of ordinary skill in the art to make the display larger and located more central on the frame as taught by references Liu (CN 105612906 A), Schneidau et al. (US 8978947 B2), and Daly et al. (US 7367173 B2). This is due to all of the references teaching similar display devices used for projecting information to a user, and can substitute the display device of Graham et al. while yielding the same predictable result.
Finally, while the working machine of Scheidau et al. is a stroller, it discloses a similar handle with a display device. Since the feature being applied is a fastener to attach the frame of the display device to a handle, Scheidau et al. is analogous art to the references applied above.
It is for these reasons that the arguments are not persuasive and the rejection 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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