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 .
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.
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 and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Fu et al. (Pub. No. 2017/0152638; hereinafter Fu) in view of Kubota et al. (Pub. No.: 2018/0151854; hereinafter Kubota) and further in view of Baetica et al. (Pat. No.: 8,653,786; hereinafter Baetica).
Regarding independent claim 1, Fu discloses a snow blower comprising: a snow blower (abstract) comprising a snow blower main body (200); a traveling unit (70) supporting the snow blower main body (200) so as to the cause the snow blower main body to travel; a work unit (30) provided on the snow blower main body (200); an electric motor (50) configured to drive the work unit and/or the travel unit (as disclosed in para. [0047]); and a battery housing (26) including a recess (205) defined on an upper face of the snow blower main body (as seen in Fig. 10) for removably installing a battery (300) therein (See para. [0063] for general disclosure of the battery housing); wherein the battery housing (26) is configured to expose at least a part of an upper surface of the battery (See para. [0070] where it discloses a configuration of “when the cover 25 is in the open position, the two battery packs are exposed”).
Like Fu, Kubota discloses an electric power equipment (title) comprising: a main body (2); and a battery housing (19) including a recess (40) defined on an upper face of the main body (2) for removably installing a battery (20) therein (See para. [0048] for general disclosure of the battery housing and recess), wherein the battery housing (19) is configured to expose at least a part of an upper surface of the battery (20, See Fig. 2 where an upper surface of the battery is exposed).
Unlike Fu, Kubota teaches wherein the battery housing (19) includes a bottom wall (42) inclining upward in a rearward direction (as seen in Fig. 4) to define a recess (40) that receives the battery (20) in a rear end up inclined posture so as to allow the battery to be put into and taken out of the recess in a rear end up inclined direction (as disclosed in para. [0052]), a pair of sidewalls (See para. [0052] where it discloses “a pair of sidewalls”) extending upward from either side the bottom wall (42), and a top wall (32) extending between the side walls to cover a front part of the recess from above (See Fig. 10 where the top wall 32 is depicted extending between sidewalls to cover a front part of the recess defined by 40 and 52, See para. [0057] where it discloses the slots 52 are connected continuously to the bottom surface 42 of the recess 40, thereby defining a singular recess), so that a rear upper part of the recess and a rear end of the recess is exposed in a continuous manner (See Fig. 10 where the portion of the recess not covered by 32 broadly corresponds to the claimed rear upper part of the recess and a rear end of the recess).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery housing of Fu with the battery housing as detailed above by Kubota, with a reasonable expectation of success, as such a modification merely constitutes the substitution of a known electric power supply and associated housing to produce the predictable result of powering the equipment (MPEP 2143, Subsection I, B).
The resultant combination fails to disclose wherein the top wall covers a front part of the battery received in the recess from above. Baetica discloses a battery-powered lawn mower with a work unit (abstract) and a battery (12) with a battery housing recess (66) defined on an upper face (70) of the mower for removably installing the battery therein, the battery housing recess (66) includes a bottom wall (80), a pair of sidewalls (72, 74), and a top wall (94; See Figs. 5-6 and col. 7, lns. 46-58 for general disclosure of the selective mating of the battery with the recess and the various claimed walls).
More specifically, Baetica teaches wherein the top wall (94) covers a front part of the battery (12) received in the battery housing recess (66) from above (See Fig. 6 where the top wall 94 is depicted covering a front part of the battery, since the top wall extends over into the recess thereby covering a front part of the battery 12).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the top wall of the combination, to be the top wall of Baetica, in order to provide a means for positively securing the battery within the recess resulting in a battery that is less likely to be removed during operation (See col. 8, lns. 17-26 where it discloses operation of the top wall for housing the battery within the recess).
Regarding claim 3, the resultant combination discloses the snow blower of claim 1. Fu fails to disclose the limitations presently recited in claim 3. However, in light of the modification made in relation to claim 1, Kubota, further discloses wherein the battery housing is configured such that the battery is put into and taken out of the recess in a fore and aft direction of the snow blower main body (See para. [0101]-[0105] where it discloses placing the battery into the recess by being pushed forward into the slot, and pulled rearward for being removed).
Regarding claim 4, Fu discloses the snow blower of claim 1and further discloses wherein the work unit (30) includes a rotary shaft (31) extending laterally of the snow blower main body (as seen in Fig. 1), a spiral auger claw (30) attached to the rotary shaft (31, See para. [0073] for a general disclosure of the rotary shaft and spiral auger claw), and a plurality of stay members (See Fig. 11 where at least two plates with four bolts each connect the shaft to the claw, each plate corresponding to a stay member, i.e., a member that remains in the same place) extending radially from the rotary shaft (31) to connect (directly) the auger claw (30) to the rotary shaft (31), wherein the battery housing is positioned so as to laterally align with at least one of the stay members (See Fig. 11 where the stay members are centrally aligned with respect to the snow blower main body, See Fig. 1 where the battery housing is also centrally aligned with the snow blower main body, accordingly the battery housing is positioned in lateral alignment with the stay members).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Fu in view of Kubota and Baetica, and further in view of Abe et al. (Pub. No.: 2012/0317950; hereinafter Abe).
Regarding claim 5, the resultant combination discloses the snow blower according to claim 1, but fails to disclose wherein a rear edge part of the top wall of the battery housing is provided with a seal member extending across a direction in which the battery is put into and removed from the recess. Abe discloses a similar power equipment with a removable battery (21) within a battery mount device (20) configured such that the battery (21) is put into and taken out of the battery mount device in a fore and aft direction (See arrow in Fig. 3 and corresponding disclosure in para. [0037]). More specifically, Abe discloses a seal member (26, See para. [0043] where it discloses the seal 26 is preferably a substantially semicircular arc shape that extends forward) extending across a direction in which the battery (21) is put into and removed from the battery housing (23). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery housing of the combination, to include the seal of Abe, in order to “prevent [such] water from directly leaking into the battery mount base” (See para. [0043]).
Regarding claim 6, the resultant combination discloses the snow blower according to claim 5. Abe, of the combination, also discloses wherein the seal member (26) extends in an obliquely (i.e., neither parallel nor perpendicular, inclined) forward direction from one end of the seal member to another (See para. [0043] where it discloses the seal 26 is preferably a substantially semicircular arc shape that extends forward, the semicircular shape corresponding to the claimed oblique extension from a lateral middle part of the seal member).
Regarding claim 7, the resultant combination discloses the snow blower according to claim 5. Abe, of the combination, also discloses wherein the seal member (26) extends linearly (i.e., in a single line) in an obliquely (i.e., neither parallel nor perpendicular, inclined) forward direction from one end of the seal member to another (See para. [0043] where it discloses the seal 26 is preferably a substantially semicircular arc shape that extends forward, the semicircular shape corresponding to the claimed oblique extension from a lateral middle part of the seal member).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fu in view of Kubota and Baetica, and further in view of Ramussen (Pub. No.: 2016/0068224).
Regarding claim 8, the resultant combination discloses the snow blower according to claim 1, but fails to disclose wherein the battery housing is provided with a mesh member provided on an upper rear part of the recess which is otherwise exposed. Like the combination, Ramussen discloses a battery box for an electric device (abstract) with a battery housing (20) for removably receiving a battery (See para. [0014]). More specifically, Ramussen discloses wherein the battery housing (20) is provided with a mesh member (54, See para. [0038] where it discloses the mesh member comprises horizontal and vertical vanes) on an upper rear part of the housing (20) which is otherwise exposed (i.e., without the member, the housing would be exposed, See Fig. 6 where the member(s) are depicted away from the housing thereby exposing the housing). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the battery housing of the combination to include the mesh member of Ramussen, in order to provide a heat transfer means so that heat can be transferred away from the battery during operation (See para. 0043]).
Response to Arguments
Applicant's arguments filed 02/23/2026 have been fully considered but they are not persuasive.
With regard to claim 1, Applicant’s argument on pgs. 5-6 that the top wall 32 of Kubota constitutes a portion of an upper cover 18 provided above the battery housing 19, and does not form part of the recess 40 has been considered but is unpersuasive. Applicant should reference the second sentence of para. [0048] where it states the battery housing 19 defines the battery recess 40 which is formed in the upper cover 18. Additionally, a recess is a hollow spaced defined by surrounding structures. Therefore, the recess 40 of Kubota can be reasonably defined as the structures that demarcate the recess like the top wall 32 of the upper cover 18. Further, a new ground of rejection in view of Baetica, is included above to specifically address the amended limitation “wherein the top wall covers a front part of the battery received in the recess from above.”
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.
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/A.L.L./Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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