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 .
Application Status
Claims 1-18 are pending in this application. Claims 16-18 were added by amendment, and claim 1 has been amended. All pending claims are eligible for examination.
The examiner thanks applicant for the quick response to the telephone message left on 23 February 2026.
Response to Arguments
Applicant's arguments filed 21 November 2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the body 60 of Carmine is not coupled to a guard because it is attached to a lip portion 68 projecting from the nose portion the trimmer housing 10, the lip portion 68 reads on a guard. The nose acts as a guard because it prevents objects from knocking into the spool and line housing 14. The lip 68 is part of that nose and further acts as a guard because it has a flange disposed parallel to the spool and line housing 14 and the lip will prevent dust and debris from floating into the upper recesses of the rotatable spool and line housing 14. Applicant has not provided evidence that the lip portion projecting from the nose portion of the trimmer housing bars the lip portion from being a guard.
Applicant notes that Carmine does not show the body 60 coupled to a guard, such as the debris shield 12; note that figure 2 shows the nose – that is, the portion of the weed whacker to which the wheel assembly or body attaches – as part of the debris shield 12. As such, figure 2 of Carmine discloses an embodiment of a detachable wheel that connects to an edge of a debris shield or guard.
While the examiner appreciates applicant’s argument that the nose is not a guard, even if the examiner decided that the nose is not a guard in and of itself, Carmine would still lead the examiner to reject. Specifically, figures 4 and, especially, 2 of Carmine seem to show the nose as part of the shield 12 and as a different component than the housing 10. In figure 2, there are dotted lines showing where the nose is within that the wheel-bearing body – these dotted lines really make it look like the nose is part of the shield; in figure 4, Carmine shows lines between the housing 10 and the part of the nose that extends up from 68.
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.
Claims 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carmine (US 4914899).
With respect to claim 1, Carmine discloses a wheel attachment for a garden tool, the garden tool comprising a housing and a guard extending from the housing, (in the abstract, Carmine discloses an attachment for a lawn trimmer, which is a type of garden tool; in figure 2, Carmine discloses housing 10 and shield 12), the wheel attachment comprising:
a guide wheel (in figure 3, Carmine discloses wheel 40 which reads on a guide wheel); and
a wheel mounting frame, on which the guide wheel is rollably mounted (in figure 3, Carmine discloses body 60 of the lawn trimmer attachment), and which is detachably fixed to the guard of the garden tool (in figure 4, Carmine discloses the frame, which includes elements 64 and 66, affixed to the housing 10 of weed trimmer – the housing 10 includes a lip portion 68 to which the attachment body is most directly connected – the lip portion is part of a guard),
wherein the wheel mounting frame comprises a fixing portion (in figure 3, Carmine discloses a recess 62 within the attachment body 60 that connects to the trimmer), which is detachably fixed to an edge of the guard (in figure 4, and lines 18-20 of column 4, Carmine discloses a lip portion 68 that reads on an edge of the guard).
With respect to claim 2, Carmine discloses the limitations of claim 1. Carmine further discloses the fixing portion delimits a groove for accommodating the edge of the guard (in figure 3, Carmine discloses a slot or recess 62 that reads on a groove for accommodating the edge 68 of the guard), and the edge of the guard is clamped by the fixing portion when the wheel mounting frame is fixed to the guard (in figures 3 and 4 as well as lines 21-37 of column 4, Carmine discloses retaining arms that secure the attachment to the trimmer; this reads on clamping because the arms provide pressure to keep the lip 68 in the recess 62; in a different embodiment shown in figures 5 and 6, a connector plate 72 provides the clamping force to hold the attachment to the trimmer).
With respect to claim 3, Carmine discloses the limitations of claim 2. Carmine further discloses the guard comprises a cover portion and a shield portion (in figure 4, Carmine discloses a lip portion 68 of the trimmer housing 10, which reads on the claim’s shield portion; Carmine also discloses that the lip angles upwards in figure 4 – while not labelled, this surface that runs upwards from the lip 68 in figure 4 reads on a cover portion), wherein the cover portion has an arc-shaped first edge (as shown in figure 2, Carmine discloses the housing 10 has a debris shield 12 connected thereto; in lines 22-25 of column 3, Carmine discloses that the trimmer is “a typical, commercially available electric powered lawn trimmer” – these types of trimmers have curved rims extending down from the distal portions of the debris shields, which reads on an arc-shaped first edge) and a non-arc-shaped second edge (in figures 3 and 5, Carmine discloses slots for accepting the lip of the housing – since these slots are substantially straight, they anticipate a non-arc-shaped second edge), and when the wheel mounting frame is fixed to the guard, at least a part of the second edge is clamped by the fixing portion (in figures 4 and 6, Carmine discloses the straight lip 68 being held in the channel 62 of the attachment).
With respect to claim 4, Carmine discloses the limitations of claim 3. Carmine further discloses the shield portion extends from the first edge (in lines 22-25 of column 3, Carmine discloses a convention trimmer, which has an arc-shaped rim or edge extending down from the flat top of the housing), and when the wheel mounting frame is fixed to the guard, the guide wheel is located inside a circumference corresponding to the first edge (in figure 2, Carmine discloses an embodiment where the wheel 40 is closer to the axis of rotation of the spool and line housing 14 than the distal portion of debris shield 12 – that distal portion of debris shield 12 corresponds to the claims’ arc-shaped first edge – as such, the wheel is located inside the circumference that would be defined if the debris shield’s outer rim were continued to form a circle).
With respect to claim 5, Carmine discloses the limitations of claim 2. Carmine further discloses the fixing portion comprises a first clamping portion and a second clamping portion, and the groove for accommodating the edge of the guard is delimited between the first clamping portion and the second clamping portion (in figures 3 and 5, Carmine discloses flanges 64 and 66 which read on second and first clamping portions, respectively; the space between flanges 64 and 66 is the slot 62 that reads on the groove for accommodating the edge of the guard).
With respect to claim 6, Carmine discloses the limitations of claim 5. Carmine further discloses the first clamping portion (in figure 3, Carmine discloses flange 66, which reads on a first clamping portion) delimits a fastener hole (in figure 5, Carmine discloses thumbscrew 76 – a thumbscrew anticipates a hole for the thumbscrew, which reads on a fastener hole), and when the wheel mounting frame is fixed to the guard (in figure 5, Carmine discloses the attachment coupled to the trimmer), a fastener passing through the fastener hole is in contact with an outer surface of the edge of the guard and applies a pressure to the outer surface (in figure 5, Carmine discloses a connector plate 72 held in place by thumbscrew 76 – the thumbscrew and connector plate make up a fastener and apply pressure to the surface of the guard that is on top when the trimmer is in normal use but facing left in figure 6), so as to clamp the edge of the guard together with the second clamping portion (in figures 5 and 6, Carmine discloses the attachment clamped in position on the trimmer with lip 68 held between the flanges 64 and 66).
With respect to claim 7, Carmine discloses the limitations of claim 5. Carmine further discloses the wheel mounting frame comprises a pressing portion (in figures 5 and 6, Carmine discloses connector plate 72, which is designed to press against the top of the housing marked as 68 in figure 6), and when the wheel mounting frame is fixed to the guard, at least a part of the pressing portion abuts against an outer surface of the edge of the guard (in figure 6, Carmine discloses the trimmer connected to the attachment – a portion of the guard at the very bottom of element 68 in the figure is the edge of the guard; the left portion of that edge abuts the plate/pressing portion).
With respect to claim 8, Carmine discloses the limitations of claim 7. Carmine further discloses the pressing portion comprises a connecting portion (in figure 6, Carmine discloses plate 72, the lower portion of which is affixed to the attachment housing by thumbscrew 76 – this portion of the plate reads on a connecting portion) and a contact portion (in figure 6, Carmine discloses the upper portion of plate 72 abutting trimmer housing 68 – this portion reads on a contact portion), wherein the connecting portion is connected to the fixing portion (in figure 5, thumbscrew connects the plate to the rest of the attachment, which includes the fixing portion defined by the flanges 64 and 66) and is movable relative to the fixing portion (in figure 5, Carmine disclose thumbscrew 76 which anticipates pushing or releasing the plate 72 from its contact with the trimmer housing 68 and the plate’s position relative to the slot and fixing position – the plate has to be moved to allow for attachment), and when the wheel mounting frame is fixed to the guard, the contact portion abuts against the outer surface of the edge of the guard (in figure 6, Carmine discloses the trimmer connected to the attachment – a portion of the guard at the very bottom of element 68 in the figure is the edge of the guard; the left portion of that edge abuts the plate/pressing portion).
With respect to claim 9, Carmine discloses the limitations of claim 8. Carmine further discloses the wheel mounting frame further comprises a biasing component, which applies a biasing force towards the guard to the contact portion (in figure 5, Carmine discloses a thumbscrew that is tightened in order to bias the plate 72 – which includes the contact portion - against the trimmer housing element 68).
With respect to claim 11, Carmine discloses the limitations of claim 7. Carmine further discloses the wheel mounting frame further comprises an actuating member (in figure 5, Carmine discloses thumbscrew 76, which reads on an actuating member), and the pressing portion applies a pressure to the outer surface of the edge of the guard under the action of the actuating member (in figure 6, Carmine discloses the trimmer connected to the attachment – a portion of the guard at the very bottom of element 68 in the figure is the edge of the guard; the left portion of that edge abuts the plate/pressing portion; in lines 51-53 of column 4, Carmine discloses that the thumbscrew tightens the plate to the housing, thus securing the attachment to the trimmer).
With respect to claim 16, Carmine discloses a garden tool, comprising:
a housing (in figures 2 and 4, Carmine discloses housing 10);
a cutting head extending from the housing (in figures 2 and 4, Carmine discloses spool and line housing 14 that extends from the housing 10 – the spool and line housing 14 reads on a cutting head because the element 14 will be rotated to cut or trim vegetation);
a cutting element extending radially outward from the cutting head (in lines 12-16 of column 1, Carmine discloses that the housing 10 and spool and line housing 14 are part of a line cord lawn trimmer = the line cord anticipates a cutting element extending radially outward from the cutting head/spool and line housing 14);
a guard extending from the housing and at least partially surrounding the cutting head (in figure 2, Carmine discloses a shield 12 and in both figures 2 and 4, Carmine discloses a nose to which the wheeled edging attachment attaches; in figure 2, it is quite clear that the shield partially surrounds the cutting head; comparing the nose in figure 5 with its placement in figures 2 and 4 reveals that Carmine discloses the nose partially surrounding the cutting head as well); and
a wheel attachment removably couplable to the guard (in figure 2, Carmine discloses an attachment with wheel 40 and a plate 33; embodiments of this attachment are shown in figures 1, 3, 5, and 7), the wheel attachment comprising:
a guide wheel (in figures 1 and 3, Carmine discloses wheel 40), and
a wheel mounting frame (in figures 1 and 3, Carmine discloses a device that has the wheels 40 attached to it), on which the guide wheel is rollably mounted (in lie 49 of column 3, Carmine discloses that the wheels 40 rotate), the wheel mounting frame comprising a fixing portion detachably couplable to an edge of the guard (in figures 1 and 2 with description in lines 39-44 of column 3, Carmine discloses that cavity 32 accepts the nose portion to secure the wheels to the weed whacker; in figures 3 and 4 with description in lines 18-20 of column 4, Carmine discloses that the lip 68 of the nose portion fits into the recess 62 of the wheel holder body 60).
With respect to claim 17, Carmine discloses the limitations of claim 16. Carmine further discloses the guard comprises a cover portion and a shield portion, the cover portion comprising an arc-shaped first edge and a non-arc shaped second edge (in lines 22-25 of column 3, Carmine discloses a convention trimmer, which has an arc-shaped rim or edge extending down from the flat top of the housing; in figure 2, Carmine discloses shield 12 which has an arc-shaped rim at the top extending down or – in the perspective of this figure, to the right; as seen by the coupling area 62 in figure 4, the nose portion is not arc-shaped);
the shield portion extends from the first edge (in figure 1, Carmine discloses the shield 12 including a flat portion that extends between the rim/first edge and points beyond to the housing 10); and
the wheel attachment is configured such that when the wheel mounting frame is fixed to the guard, the guide wheel is located inside a circumference defined by the arc-shaped first edge (in figures 4 and 5, Carmine discloses that the wheels 40 are very close to the housing 10, as evidenced by the wheel 40 being partly obscured by the housing in figure 10 and the groove 66 in figure 3 being very close to the wheel 40 in figure 3; in figure 2, Carmine discloses that the rim of the shield is relatively distant from the housing 10 when compared to the nose and wheel).
With respect to claim 18, Carmine discloses the limitations of claim 17. Carmine further discloses the second edge comprises a recessed edge comprising a recessed side wall, and wherein the fixing portion is configured to clamp at least a portion of the recessed side wall (in figure 2, Carmine discloses strapping to a nose portion, which is a wall that is recessed relative to the length of the arc-shaped rim shown in figure 2 – the edger is clamped to the outer part of the recessed side wall; in figure 4, Carmine discloses clamping a portion of the recessed side wall or lip 68 within the slot 62 of the wheeled edger 60).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Carmine in view of Uhl et al. (US 2002/0166677 hereinafter Uhl).
With respect to claim 10, Carmine discloses the limitations of claim 1. Carmine further discloses the wheel mounting frame further comprises a wheel axle (in figure 1, Carmine discloses an axle bolt 42 that is exemplary for how the wheels are attached to all embodiments of the attachment) defining a rotation axis of the guide wheel and a wheel axle holding portion for fixing the wheel axle (in figure 1, Carmine discloses the axle bolt running through axle hole 44, which reads on a wheel axle holding portion).
Carmine does not disclose a position of the wheel axle relative to the wheel axle holding portion is adjustable.
However, Uhl, which is directed to converting a trimmer into an edger – like Carmine’s device, discloses a position of a wheel axle relative to the wheel axle holding portion is adjustable (in figure 6, Uhl discloses a wheel axle 36 that is adjustable held in a slot 35; slot 35 is a wheel axle holding portion).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to modify the axle hole of Carmine to make it a slot as taught by Uhl with the motivation to let “the guide wheel . . . be adjusted in elevation” (Uhl, paragraph 24).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Carmine in view of Azhocar (US 2016/0332291).
With respect to claim 12, Carmine discloses the limitations of claim 11. Carmine does not disclose the actuating member comprises a cam movable between a locked position and an unlocked position; when the cam moves towards the locked position, the cam pushes the pressing portion to move towards the guard; when the cam is in the locked position, the pressing portion applies the pressure to the outer surface of the edge of the guard; and when the cam is in the unlocked position, the wheel mounting frame is removable from the guard.
However, Azhocar discloses an actuating member comprises a cam movable between a locked position and an unlocked position; when the cam moves towards the locked position, the cam pushes the pressing portion to move towards the guard; when the cam is in the locked position, the pressing portion applies the pressure to the outer surface of the edge of the guard; and when the cam is in the unlocked position, the wheel mounting frame is removable from the guard (in paragraph 52, Azhocar discloses clamping items to a surface using cam levers; cam levers render obvious pushing two items together when the cam is in a locked position and allowing separation of the items when the cam is unlocked). While Azhocar is specifically directed towards handles for firearms, in paragraph 55 Azhocar notes other applications, which include gardening devices.
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to substitute the lever cam of Azhocar for the thumbscrew of Carmine because the substituted components and their functions were known in the art. The predictable result of this substitution would be that the mechanism used to secure the attachment to the trimmer has pieces that loosen but do not come off, preventing loss of parts (see MPEP 2143(I)(B)). Please note further that in the cited section Azhocar specifically teaches the interchangeability of thumbscrews and lever cams.
With respect to claim 13, Carmine in view of Azhocar discloses the limitations of claim 12. Carmine in view of Azhocar further discloses the actuating member further comprises an operating portion connected to the cam and the cam is rotatable between the locked position and the unlocked position under the action of the operating portion (in paragraph 42, Azhocar discloses a lever cam used to clamp items to a surface – the lever is an operating portion of the cam and also connected thereto; lever cams render obvious rotation between locked and unlocked positions).
With respect to claim 14, Carmine in view of Azhocar discloses the limitations of claim 13. Carmine in view of Azhocar further discloses the pressing portion is movably connected to the fixing portion (in figures 3-6, Carmine discloses that the pressing portion needs to be moved in order to remove the attachment from the trimmer), and at least one of the pressing portion and the fixing portion is provided with a guide portion for guiding a movement of the pressing portion towards or away from the guard (in figure 5, Carmine discloses stop tabs 78 – described more in lines 53-56 of column 4 – which read on a guide portion because they prevent the plate from becoming misaligned).
Allowable Subject Matter
Claim 15 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 DOUGLAS JAMES MEISLAHN whose telephone number is (703)756-1925. The examiner can normally be reached 8:30-5:30 EST M-Th, M-F.
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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/DOUGLAS J MEISLAHN/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671