DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18110709 filed on 02/16/2023.
Claims 6, 11, 16 – 20 are allowable
Claims 1 - 20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/15/2023 was fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 -2, 7 – 8, 10, 12 – 14 are rejected under 35 U.S.C. 102(a2) as being unpatentable by US PG Pubs 20220136193 – Weihl et al. hereinafter as WEIHL
Regarding Claim 1
WEIHL discloses:
A sweeping blade assembly configured to be attached to a plow blade of a vehicle for sweeping debris on a ground surface, the sweeping blade assembly comprising:
a blade support securable to the vehicle;( Fig. 9 - 1112 blade support, and vehicle supporting blade)
a sweeping blade device comprising:
a blade main portion(fig. 9 - 1119 – wing blade) mounted to the blade support(fig. 9 – blade support 1112) and tiltable about a pivoting axis ( fig. 9 – pivoting axis 1118);
a protruding abutment protruding from one of the blade support and the blade main portion (fig. 22 – wherein an protruding abutment – 2118 is protruding from the blade 2119, see fig. 9 1118 and 1119 for alternate angle) and an abutment receiving aperture defined in the other one of the blade support and the blade main portion(fig. 22 - abutment receiving aperture - 2121 on the blade support), the abutment receiving aperture being delimited by an inner peripheral wall(fig. 22 - slot around 2121, where in the inner wall is the slot – to limit travel), the protruding abutment( fig.22 – protruding abutment 2121) being engageable in the abutment receiving aperture and displaceable with respect to one another upon tilting of blade main portion(Fig. 22 – where in the abutment 2121 is limited within the abutment receiving aperture – the slot around 2121) about the pivoting axis ( fig. 22 pivoting axis – 2118) with the inner peripheral wall of the abutment receiving aperture limiting the tilting of blade main portion(Fig. 22 – limiting the tilting 2121).
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Regarding Claim 2
WEIHL discloses claim 1:
2. The sweeping blade assembly of claim 1, wherein the sweeping blade device further comprises a sweeping blade fastener extending through the blade main portion and engaged with the blade support, the sweeping blade fastener defining the pivoting axis of the blade main portion. (fig. 22 – 2118 is the pivoting axis as well as the sweeping blade fastener that extends through the blade main portion and blade support)
Regarding Claim 7
WEIHL discloses claim 1:
7. The sweeping blade assembly of claim 1, wherein the abutment receiving aperture extends through one of the blade support and the blade main portion. (fig. 22 - abutment receiving aperture - 2121 on the blade support)
Regarding Claim 8
WEIHL discloses claim 1:
8. The sweeping blade assembly of claim 1, wherein the blade tilting control assembly is a single blade tilting control assembly located on one lateral side of the pivoting axis. (fig. 9 - 1119 – wing blade, 1118 pivoting axis)
Regarding Claim 10
WEIHL discloses claim 1:
10. The sweeping blade assembly of claim 1, wherein a perimeter of the abutment receiving aperture delimited by the inner peripheral wall is greater than a perimeter of the protruding abutment. (fig. 22 - the inner wall of the slot is greater than the abutment 2121)
Regarding Claim 12
WEIHL discloses claim 1:
12. The sweeping blade assembly of claim 1, wherein a center of the protruding abutment is located in an upper half section of the blade main portion and the protruding abutment is centrally located inside the abutment receiving aperture. (fig. 22 - the abutment 2121 can be aligned to be in the middle of the abutment receiving aperture )
Regarding Claim 13
WEIHL discloses claim 1:
13. The sweeping blade assembly of claim 1, wherein a center of the protruding abutment and the pivoting axis are substantially at a same height on the blade main portion. ( fig. 9 where in the center of the protruding abutment 1119 and pivoting axis are aligned 1118)
Regarding Claim 14
WEIHL discloses claim 1:
14. A snow plow comprising: a snow plow blade and the sweeping blade assembly of claim 1 mounted in a lower portion of the snow plow blade.( fig. 9 mounted in lower portion of snow plow blade)
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(s) 3 – 4, 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20220136193 – Weihl et al. hereinafter as WEIHL in view of US Patent 7107709 – Hamel et al. hereinafter as HAMEL.
Regarding Claim 3
WEIHL discloses claim 1:
WEIHL discloses wherein the protruding abutment protrudes from the blade main portion ( fig. 9 – 1119 or fig. 22 2119) towards the blade support (Fig. 22 - 2112)when assembled together and the blade support(Fig. 22 - 2112) comprises the abutment receiving aperture (fig. 22 – slot of 2121) with the abutment receiving aperture being displaceable with respect to the protruding abutment (Fig. 22 – abutment 2121, abutment receiving aperture, the slot surrounding 2121) upon tilting of blade main portion about the pivoting axis (fig. 22 – 2118). WEIHL discloses the opposite of what is required. HAMEL discloses:
wherein the protruding abutment protrudes from the blade support towards the blade main portion (fig. 3 – protruding abutment - 8 ) when assembled together and the blade main portion comprises the abutment receiving aperture (fig. 3 – abutment receiving aperture - 9) with the abutment receiving aperture being displaceable with respect to the protruding abutment ( fig. 3 a and fig. 3 b)- upon tilting of blade main portion. (Fig. 3 a and b – show blade is compressed or tilted to one side. Blade main portion – 2)
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Since there are two main ways to configure the sweeping blade assembly, either having the protrusion from the main blade portion and the abutment receiving aperture from the blade support portion , or the opposite of that configuration of having the protrusion from the blade support portion and the abutment receiving aperture from the main blade portion. Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to pick the alternative option for configuration for the sweeping blade assembly since there are a finite number of identified predictable potential solutions and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success. (MPEP 2143, subsection I, E)
Regarding Claim 4
WEIHL discloses claim 3:
HAMEL discloses the combination above.
4. The sweeping blade assembly of claim 3, wherein the blade tilting control assembly further comprises a resilient material sleeve contained in the main blade portion and the resilient material sleeve defines the inner peripheral wall limiting the tilting of the blade main portion. ( fig 5 where in 7 – sleeve to the bolt abutment defining the inner peripheral wall) regarding the main blade portion)
Regarding Claim 5
WEIHL discloses claim 2:
WEIHL discloses a sweeping blade fastener WEIHL doesn’t explicitly disclose of a resilient bushing contained in a bushing hole, HAMEL discloses:
5. The sweeping blade assembly of claim 2, wherein the blade main portion comprises a bushing hole defined therein and the sweeping blade device further comprises a single bushing assembly including the sweeping blade fastener and a resilient bushing contained in the bushing hole and surrounding the sweeping blade fastener. ( fig5 where in 7 – is the bushing within the aperture - 9)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for WEIHL ‘s tilting blade device with a sweeping blade fastener to utilize a bushing hole defined therein and the sweeping blade device further comprises a single bushing assembly including the sweeping blade fastener and a resilient bushing contained in the bushing hole and surrounding the sweeping blade fastener as taught by HAMEL. This would allow WEIHL to improve durability of the pivot axis.
Regarding Claim 9
WEIHL / HAMEL discloses claim 3:
HAMEL disclose the combination in the rejection above.
9. The sweeping blade assembly of claim 3, wherein the blade support comprises a vehicle mounting portion located rearwardly of the blade main portion when assembled together and the protruding abutment protrudes forwardly from a front face of the vehicle mounting portion. (fig. 3 a - aperture is 7, protrusion 8 coming from blade support, fig. 1 – wherein this is protruding forwardly from a front face of the vehicle mounting)
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20220136193 – Weihl et al. hereinafter as WEIHL in view of US PG Pubs 20120260537 – Winter et al. hereinafter as WINTER
Regarding Claim 15
WEIHL discloses
15. A sweeping blade device comprising:
a blade main portion having a front face,( Fig. 9 – blade main portion 1119) a rear face, ( Fig. 22 – blade main portion 2119) , and at least one of:
a protruding abutment protruding from at least one of the front face and the rear face; and ( Fig. 22 – protruding abutment - 2121 where in the protruding is rear facing)
an abutment receiving aperture opened on at least one of the front face and the rear face; ( Fig. 22 – protruding abutment - 2121 where in the receiving aperture is rear facing and front facing)
WEIHL discloses of a sweeping blade device, WEIHL does not disclose of a single bushing hole or a single bushing assembly including a resilient bushing contained in the single bushing hole and defining a blade-support mounting aperture. WINTER discloses:
a single bushing hole( fig. 2 - 34 is bushing)
a single bushing assembly including a resilient bushing contained in the single bushing hole and defining a blade-support mounting aperture. ( fig. 2 wherein blade support – 27)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to substitute the bolt as shown in WEIHL for the single bushing assembly including a resilient bushing contained in a the single bushing hole and defining a blade supporting mounting aperture as taught by WINTER. This would allow WEIHL to improve the durability of the blade long term for longevity.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20220136193 – Weihl et al. hereinafter as WEIHL in view of US PG Pubs 20120260537 – Winter et al. hereinafter as WINTER in view of US Patent 7107709 – Hamel et al. hereinafter as HAMEL.
Regarding Claim 17
WEIHL / WINTER discloses claim 15
WEIHL discloses a sweeping blade device that comprises an abutment receiving aperture on the blade support and an abutment on the blade main portion of the plow, HAMEL discloses:
17. The sweeping blade device of claim 15, wherein the blade main portion comprises the abutment receiving aperture extending therethrough. (fig. 3 – abutment receiving aperture - 9, blade – 2,abutment from blade support - 8)
Since there are two main ways to configure the sweeping blade assembly, either having the protrusion from the main blade portion and the abutment receiving aperture from the blade support portion , or the opposite of that configuration of having the protrusion from the blade support portion and the abutment receiving aperture from the main blade portion. Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to pick the alternative option for configuration for the sweeping blade assembly since there are a finite number of identified predictable potential solutions and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success. (MPEP 2143, subsection I, E)
Allowable subject matter
Claim 6, 11, 16, and 18 – 20 are allowable
WEIHL / HAMEL / WINTER discloses of a plow with a blade main portion and blade support that has an abutment and an abutment receiving aperture. However WEIHL / HAMEL / WINTER does not explicitly disclose at least, wherein the single bushing assembly is substantially centrally located along a length L of the blade main portion, wherein the blade support comprises a sweeping blade mounting portion located forwardly of the blade main portion when assembled together and the abutment receiving aperture is concealed behind the sweeping blade mounting portion, wherein the blade main portion comprises the abutment receiving aperture extending therethrough, wherein the abutment receiving aperture is a through hole extending from the front face to the rear face of the blade main portion and the sweeping blade device further comprises a resilient material sleeve contained in the main blade portion and lining a peripheral wall of the through hole to define an inner peripheral wall, wherein a center of the abutment receiving aperture is located in an upper half section of the blade main portion, wherein a center of the abutment receiving aperture and the blade-support mounting aperture are substantially at a same height on the blade main portion. Such a modification would require too significant of a redesign of the blade main portion and would constitute an improper degree of hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20210156099 – Vallieres – ice removal blade assembly for a vehicle, pivot axis in the middle of blade assembly 20170226711 – Roberge – dual function pusher puller plow blade with blade pivot axis
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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