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 Objections
Claims 14 and 21 are objected to because of the following informalities:
Claim 14 line 2: “power device from a power source…” should read: “power from a power source…”
Line 8: “an auxiliary tool” should read: “the auxiliary tool”.
Claim 21 line 3: “poer” should read: “power”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-5, 9-11, 13-15 and 18-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 14 line 3, “the implement” lacks antecedent basis. It is unclear if this should read: “the mower”.
Line 9, the phrase "can be" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Claims 11 and 20 present “a mower deck”. It is unclear if this is the same cutting deck presented in claim 14 or is a different limitation.
Claims 3, 5, 11 and 20 appears to comprise repeat limitations found in claim 14 rendering the claims unclear.
Claim 21 lines 7-8, “the trimmer” lacks antecedent basis.
Line 8, the phrase "can be" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Claim 26: “the support post” lacks antecedent basis.
Claim 28: “the mower cutting deck” lacks antecedent basis.
Dependent claims are rejected for depending from a rejected base claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3, 5, 11, 14-15, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maldonado (USPN 7900428) in view of Sheldon (USPN 5960617) in further view of (Robison US 2010/0000192).
Regarding claims 3, 5, 11 , 14 and 20, Maldonado discloses auxiliary power extracting device for extracting auxiliary power from a power source installed on a mower and supplying the auxiliary power to an auxiliary tool associated with the implement (Figures 1 and 2 show a device 10 that extracts auxiliary power from a lawn mower deck pulley shaft and provides the power to a trimming implement 22),
the auxiliary power extracting device comprising: a coupling device that is adapted to interact with the power source installed on the mower, wherein, when the coupling device is positioned to interact with the power source, the coupling device extracts auxiliary power from the power source (Figure 3 shows a coupling device that comprises element 15 that directly interacts with the power source of the lawn mower deck as described in column 2 lines 37-39);
an auxiliary tool associated with the mower in a manner such that the auxiliary tool can be operated by the auxiliary power that is extracted by the coupling device from the power source that is installed on the mower, wherein the auxiliary tool comprises a trimmer (Figure 2 shows one example of an auxiliary tool in the form of a trimmer head 22);
and an auxiliary power transmission arrangement for transmitting auxiliary power from the coupling device to the auxiliary tool (Figure 2 shows a transmission tube 24 that house shaft 16 as explained in column 2 lines 39-45);
wherein the coupling device is capable of being configured into a plurality of different configurations and is thereby capable of being retrofitted to any of a plurality of differently-configured power source arrangements (Column 2 lines 30-36 discloses that the coupling device may be connected to a variety of lawn mowers. Column 3 lines 1-8 discloses the connection to a pulley or pulley shaft. Therefore, the coupling device is capable of variable configurations as each lawn mower would be considered a different configuration);
wherein the auxiliary power is taken from a moving part associated with a component of the mower, the component including a pulley or a driven pulley on a cutting deck of the mower; (pulley or pulley shaft Column 3 lines 1-8).
Maldonado discloses a connection between a shaft 15 and an existing pulley as shown in figure 3 with a powered rotating element in the form of a pulley or pulley shaft as described in column 3 lines 1-8.
The invention of Maldonado is drawn to connect the device to a variety of lawnmowers, Maldonado lacking specific detail of a connection to a lawn mower that comprises a pulley shaft with a top nut.
First, Sheldon discloses a lawnmower spindle assembly and teaches the old and well known use of a nut on the top of a pulley spindle assembly (Figures 1-3 show a spindle assembly for use on a lawnmower deck with a nut 71 attached to the top of the pulley).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention for the assembly of Maldonado to be attached to a lawnmower deck that comprises a spindle with a top nut that attaches the spindle to the lawnmowers blade.
As stated above the invention of Maldonado is drawn to connect the device to a variety of lawnmowers, Maldonado discloses attachment of the drive shaft 15 to a spindle of the lawnmower but is lacking specific detail of the connection. Therefore, it is left to one of ordinary skill in the art to fashion an appropriate connection to transfer the rotation of the spindle to the drive shaft, in the case of the combination it would be the connection of the drive shaft to a spindle with a top nut.
Robison discloses a lawnmower with a power takeoff arrangement that comprises a power source (Figure 3 shows power source 32 and a powered shaft 52) and a drive shaft (100) of a power take off assembly and teaches the use of a coupler to attach the powered shaft to the drive shaft (Coupler 104 of figure 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to attached the combinations drive components via a coupler as taught by Robison for the purpose of joining the components together to transfer power.
The coupler would be considered to comprise a socket on one end to join to the nut of Sheldon without altering Sheldon and at the other end an opening to receive the drive shaft of Maldonado.
Regarding claim 15, Maldonado further discloses wherein the coupling device comprises at least one movable support member for supporting the coupling device on the mower implement (fasteners, column 3 lines 9-13).
Regarding claim 18, Maldonado further discloses wherein the auxiliary tool further comprises a device for selectively adjusting the lateral position of the auxiliary tool with respect to the implement (Column 4 lines 30-33 discloses the ability to position the tube at different angles which would change the lateral position of the string of the trimmer in relationship to the deck).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 4, 9-10, 13, 19, 21-24 and 27-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robison (US 2010/0000192).
Regarding claim 21, Robison discloses a device for extracting auxiliary power from a power source (32) installed on a mower and supplying the auxiliary power to an auxiliary tool (14) associated with the implement, the device for extracting auxiliary power comprising: a coupling device (Figure 3) that is adapted to interact with the power source installed on the mower, wherein, when the coupling device is positioned to interact with the power source, the coupling device extracts auxiliary power from the power source; an auxiliary tool associated with the implement in a manner such that a trimmer (14) can be operated by the auxiliary power that is extracted by the coupling device from the power source that is installed on the mower (Abstract); a support arm (56) coupled to and supporting the trimmer, the support arm attached in a manner that provides lateral adjustment to extend and retract the trimmer (operator may extend the trimmer anywhere reachable by the trimmer); and an auxiliary power transmission arrangement (drive shaft 71) for transmitting auxiliary power from the coupling device to the auxiliary tool; a cover member (86) having an appropriate opening therein for installing the coupling device; wherein the coupling device is capable of being configured into a plurality of different configurations and is thereby capable of being retrofitted to any of a plurality of differently-configured power source arrangements (The coupling device of figure 3 meets the claims structural limitations and therefore is considered capable of meeting the functional limitations. ¶0021 discloses attachment to different machines).
Regarding claim 22, Robison discloses wherein the auxiliary tool support arm is attached in a manner that provides vertical adjustment to the auxiliary tool attached (Operator can move the trimmer up and down).
Regarding claim 23, Robison discloses wherein the auxiliary tool support arm is attached in a manner that provides rotational adjustment to the auxiliary tool attached (Operator may rotate the trimmer).
Regarding claim 24, Robison discloses wherein the support arm is mounted in a horizontally supported position (Figure 1 shows the arm in a horizontal position), the support arm including a first engagement member (76) that engages with a second engagement member (78) on a support element (handle and switch element housing that holds the engagement members) to control the horizonal adjustment of the trimmer by mechanical operation of the first engagement member with the second engagement member (The operator manipulates the horizontal adjustment while engaging the elements to power the trimmer).
Regarding claim 27, Robison discloses wherein an angled power transmission member (bevel gear ¶0023 is an angled transmission element in the head of the trimmer) rotates about a central axis, and wherein an auxiliary power transmission arrangement includes a fitting configured to rotationally couple with the angled power transmission member to transmit auxiliary power from the power source (Some form of fitting would exist to interact with the beveled gear to provide power to the trimmer).
Regarding claims 4, 13 and 28, Robison discloses wherein a moving part (The engines moving components) from which the auxiliary power is taken is associated with a pulley on a mower cutting deck of the mower (The engine drives the blades ¶0020, via pulleys as seen in figure 2. Therefore, the engine is associated with the blade drive system to include the pulleys).
Regarding claim 9, Robison discloses wherein the auxiliary tool comprises a shock-absorbing device including, a tool support comprising flexible member (Flexible sheath 82).
Regarding claim 10, Robison discloses wherein the trimmer is capable of plural arbitrarily-selectable mounting configurations upon the implement (The operator may arbitrarily rest the trimmer anywhere).
Regarding claim 19, Robison discloses wherein at least one of the coupling device and the auxiliary tool, comprises a shock-absorbing and/or break-away feature (Flexible sheath 82).
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.
Claim 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robison (US 2010/0000192) in view of Arnetoli (US 2017/0339825).
Regarding claim 26, Robison is lacking all details of the auxiliary tool such as trimmer head components and any mention of a spring and posts.
Arnetoli discloses a trimmer head and teaches wherein the head comprises a spring member (Figure 17, spring 311) positioned in a support post between opposing portions of the support post (309 and 307A), wherein the spring member allows for compression, slippage and/or shock absorption between the opposing portions to provide flexibility of the support post (Spring compresses to operate line feed and allows for the claimed limitations).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention for the trimmer head of Robison to include a spring and two opposing posts as taught by Arnetoli to assist in line feed during operation.
Allowable Subject Matter
Claim 25 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 ADAM J BEHRENS whose telephone number is (303)297-4336. The examiner can normally be reached M-F 9am-2pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. 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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/ADAM J BEHRENS/Primary Examiner, Art Unit 3671