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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1, 8, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bendig (US 4796416) in view of Shaffer (US 11,771,004).
Regarding claim 1, Bendig discloses a work machine comprising:
a power source [12];
a rotation shaft [30] that is rotated by power of the power source [12];
a cutter blade [45] that is rotated by the rotation shaft [30] to cut a plant on the ground (The lawn);
a housing that houses the cutter blade [17, 18, 19], the housing having and has an opening through which the cutter blade [45] is exposed to the ground (as is necessary to cut grass), a side surface [18] and an upper surface [17], and wherein the housing has a charging port [21] provided on the upper surface [17] through which an object to be cut is charged to the cutter blade [45];
a lid portion [13A] that covers the charging port [21];
an input unit to which an instruction to switch a magnitude of an output of the power source [12] is input (The described work machine will naturally have a power button/switch mechanism in order to turn the work machine on, this will change output of the power source from 0 to a number with a magnitude greater than 0.).
However, Bendig does not disclose
a control unit configured to control the output of the power source based on an input result input to the input unit;
and a sensor unit configured to detect whether or not the charging port is covered by the lid portion, wherein the control unit is configured to control the output of the power source on a detection result of the sensor unit.
Shaffer discloses a work machine comprising
a power source [1175];
a rotation shaft (Column 4 lines 65-66) that is rotated by power of the power source [1175];
a cutter blade [1135] that is rotated by the rotation shaft (Column 4 lines 65-66) to cut a plant on the ground (The lawn);
a housing that houses the cutter blade [1135], the housing having and has an opening through which the cutter blade [1135] is exposed to the ground (as is necessary to cut grass), a side surface and an upper surface (The top surface of the cutting deck);
a lid portion [1150] that covers the charging port (Column 5 lines 24-25 discloses the control system is usable with any work machine disclosed, therefore any of the disclosed passages that when closed contains the grass trimmings may be defined as the charging port such as 951.);
an input unit (Work machine power button or switch) to which an instruction to switch a magnitude of an output of the power source is input [1175]);
a control unit [1115] configured to control the output of the power source [1175] based on an input result input to the input unit (When the power switch or input unit is switched on, the control unit receives that result and controls the output of the power source to a magnitude other than zero.);
and a sensor unit [1145] configured to detect whether or not the charging port is covered by the lid portion [1150], wherein the control unit [1115] is configured to control the output of the power source [1175] on a detection result of the sensor unit [1145] (Fig. 11 and column 5 lines 1-6 discloses he control receives input from the sensor unit which detects whether the work machine is in a mulching mode wherein the charging port is closed or bagging mode wherein the charging port is open, and then changes the speed and therefore magnitude of the output of the power source based on that sensor input).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply Shaffer’s control unit, lid sensor, and method of operating the power source at a lower speed while the lid is shut and a higher speed while the door is open to Bendig’s work machine leading to different power outputs in order to conserve power as necessary (Shaffer, column 5 lines 17-21).
Regarding claim 8, Bendig and Shaffer disclose the work machine according to claim 1, further comprising a hopper [13, Bendig] connected to the charging port [21, Bendig].
Regarding claim 10, Bendig and Shaffer disclose the work machine according to claim 1, further comprising a wheel [11, Bendig].
Regarding claim 11, Bendig and Shaffer disclose the work machine according to claim 1, wherein the object to be cut is a plant body mainly including a plant, a lawn, and a weed (Bendig’s column 2 lines 28-30 disclose the object to be cut is garden refuse i.e. grass clippings, weeds, etc.).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bendig (US 4796416) in view of Shaffer (US 11,771,004) as applied to claim 1 above, and further in view of Pellenc (US 2018/0310471).
Regarding claim 5, Bendig and Shaffer disclose the work machine according to claim 1.
However, Bendig and Shaffer do not disclose wherein:
the control unit is configured to control a height from the ground to the cutter blade based on the input result input to the input unit, wherein the height control unit performs control to raise the height from the ground to the cutter blade in a case where the input result includes selection of increasing the output of the power source.
Pellenc discloses a work machine comprising a power source [12], a control unit [40], a cutter blade [24], and a height control unit [16];
wherein:
the control unit [40] is configured to control a height from the ground to the cutter blade [24] based on the input result input to an input unit [40] (Pellenc’s page 4 section 0081 lines 7-8 disclose an electric jack or height control unit [16] used to control a height from the ground to the cutter blade.),
wherein the height control unit [16] performs control to raise the height from the ground to the cutter blade in a case where the input result includes selection of increasing the output of the power source [12] (Pellenc’s height control unit [16] which would be applied to Bendig’s height adjustment mechanism, requires electricity and therefore the input result of the cutting height will include an increase in the output of the power source.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply Pellenc’s cutting height adjustment mechanism and electric height control unit to Bendig and Shaffer’s work machine in order to be able to select which height the operator would like the grass to be cut to and to be able to control the height from the handle.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bendig (US 4796416) in view of Shaffer (US 11,771,004) as applied to claim 1 above, and further in view of Uchiumi (US 2020/0305344 A1).
Regarding claim 9, Bendig and Shaffer disclose the work machine according to claim 1.
However, Bendig and Shaffer do not further disclose
a body portion having a passage through which a plant cut by the cutter blade is carried out from the housing;
and a container removably attached to the body portion and containing the plant.
Uchiumi discloses a lawn mower comprising a housing;
a cutting blade [50];
a body portion [10] having a passage [12] through which a plant cut by the cutter blade is carried out from the housing [11];
and a container [60] removably attached to the body portion and containing the plant (Grass trimmings).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply Uchiumi’s passage for carrying out the plant trimmed by the mower into a removable container to Bendig and Shaffer’s work machine in order to be able not leave grass trimmings on the ground after the work machine has mowed the area.
Allowable Subject Matter
Claims 6-7 are 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.
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks, filed 4/30/2026, with respect to the rejection of claims 1-3, 8, and 10-11 under Bendig (US 4796416) have been fully considered and are persuasive. It is agreed that Bendig does not recite the entirety of claim 1 as filed on 4/30/2026. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Bendig (US 4796416) in view of Shaffer (US 11,771,004).
Applicant’s arguments, see Applicant Arguments/Remarks, filed 4/30/2026, with respect to the rejection of claim 5 under Bendig (US 4796416) in view of Pellenc (US 2018/0310471) have been fully considered and are persuasive. It is agreed that Bendig and Pellenc do not recite the entirety of claim 5 as filed on 4/30/2026. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Bendig (US 4796416) and Shaffer (US 11,771,004) in view of Pellenc (US 2018/0310471).
Applicant’s arguments, see Applicant Arguments/Remarks, filed 4/30/2026, with respect to the rejection of claim 9 under Bendig (US 4796416) in view of Uchiumi (US 2020/0305344 A1) have been fully considered and are persuasive. It is agreed that Bendig and Uchiumi do not disclose the entirety of claim 9 as filed on 4/30/2026. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Bendig (US 4796416) and Shaffer (US 11,771,004) in view of Uchiumi (US 2020/0305344 A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brokaw (US 4057952) discloses a rotary mower and shredder device. McWilliams (US 3,808,782) discloses a shredder adapter.
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 ASHLEY A KAERCHER whose telephone number is (571)270-0128. The examiner can normally be reached M-Th (7-11 AM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHLEY A KAERCHER/ Examiner, Art Unit 3671 7/2/2026
/ADAM J BEHRENS/ Primary Examiner, Art Unit 3671
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