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 . 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.
Claim Objections
Claim 18 is objected to because of the following informalities: Typographical error, claim reads “further comprising light”. Correct language should be “further comprising a light”. Appropriate correction is required.
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 1-3, 11, 13-14, 17, & 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peter. G. Rebechini, herein after referred to as Rebechini, U.S. 3,477,353.
Regarding Claim 1, Rebechini teaches in Figs. 1 & 2 Column 1 Lines 65-72 & Column 2 Lines 1-5, a power operated trowel for material surface finishing. The trowel comprises a frame with gasoline engine (10) with a generator (50) connected to it via via a pulley/belt system (45, 51 & 52), gear box (14), rotor blades (20) and an input device control panel (55) to operate the electric motor (40) that adjusts the blade pitch via a linear actuator (39) connected to a pivotable arm/fork (35).
Regarding Claim 2, Rebechini teaches in Figs.1, 2 & 3 an electric motor (40) connected to a linear actuating arm (39) that is pivotally connected via pin (34) to bracket ear (24a) that moves the roller (36) attached to one end of arm (35) which moves cam collar (29) up/down to pitch the finishing blades (20).
Regarding Claim 3, Rebechini teaches in Fig. 1, Column 2 Line 73 & Column 3 Lines 1-8 an input device control panel (55) that is located at the end of handle (25) between left and right handles (26). This control panel controls switches (58 & 59) to control the actuator for blade (20) pitch control.
Regarding Claim 11, Rebechini teaches a handle (25) coupled to the frame and having a crossbar (respective arms of 26), wherein the crossbar is configured to be engaged by the operator; and wherein the frame has a support bracket in which a slot is defined (note spaced apart approximate u-shaped portions of 24 through which forward end of handle 25 passes).
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Regarding Claim 13, Rebechini teaches in Fig. 3 the location of the “UP” limit switch (58) and “DOWN” limit switch (59) in the circuit diagram. Additionally, Rebechini teaches in Fig. 2 and Column 2 Lines 23-44 & 66-71 describe the way the limit switches (58 & 59), in concert with cam collar (29), the forward/reverse motor (40) and linear actuator (39) provide a minimum (pitch angle of 0.0 degrees) and maximum pitch angle for the trowel blades.
Regarding Claim 14, Rebechini teaches in Column 2 Lines 40-44, describe the adjustment of the trowel blades to a flat or neutral position. Rebechini further teaches in Fig. 2, the neutral (pitch angle of 0.0 degrees) position of the trowel blades (20) in solid line and maximum pitch angle in dotted line.
Regarding Claim 17, Rebechini teaches a power trowel of four blades (Fig. 1) wherein the blades (20) are disposed in a “spider” like formation, with four mounting rods (18) extending out from a central hub (16), the mounting rods (18) having trowel blades (20) attached to them. This “spider” configuration is an industry standard for the majority of walk behind power trowels and other surface finishers.
Regarding Claim 19, Rebechini teaches in Figs. 1 & 2 and Column 2 Lines 12-44, when the arm (35) is pivoted in a counterclockwise direction upon energizing the motor (40) in the appropriate direction, the cam collar (29) will be forced downwardly thereby simultaneously pivoting all the blades (20) in one direction due to the engagement between the cam following bolt heads (32) and the underside of the collar (29). The aforesaid movement of the arm (35) will serve to tilt the blade (20) shown in FIG. 2 in a clockwise direction and returned to the flat or neutral position shown in solid lines by energizing the motor (40) in the other direction.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Rebechini (U.S. 3,477,353) in view of Cheng-jun Li (CN 202011406199 A) herein referred to as Li.
Regarding Claims 4 and 5, Rebechini teaches in Figs. 1, 2 & 3, an electrical generator/alternator (50) that is powered by the gasoline engine (10) via a pulley/belt system (45, 51 & 52) that provides the electrical current to operate the electric motor (40) which powers and operates the movement of the linear actuator (39). Rebechini fails to teach a battery to provide the electrical power supply for the acutator/electric linear motor (40) and switches (58 & 59). Rebechini employees a generator to provide the electrical power that is dependent on the gasoline engine running.
Li teaches the use of a rechargable lithium ion battery (see claim 10 of Li in translation) As taught by Li in (Fig. 1 (2) & claim 7) it would have been obvious to a person of ordinary skill in the art to which the claimed invention pertains, to add a rechargeable battery to provide electrical power for a mechanism or device to power the blade pitch control mechanism. The addition of a battery would improve the starting of the power trowel by providing instant electrical power to start the gasoline engine without the need to operate pull start. An additional benefit to a battery is that ancillary components would not need to be dependent on the internal combustion engine to be operating in order to function.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Rebechini (U.S. 3,477,353) in view of Ian C. Richards (U.S. Pub. App. 20220268036) herein referred to as Richards.
Regarding Claims 4 and 5, Rebechini teaches in Figs. 1 & 2, an electrical generator/alternator (50) that is powered by gasoline engine (10) through a pulley/belt system (45, 51 & 52) that provides the electrical current to operate electric motor (40), which powers and operates the movement of the linear actuator (39). Rebechini does not teach a battery or rechargeable battery to store and provide the required electrical power supply for the electric linear motor (40) and switches (58 & 59) in the event the gasoline engine is not operated.
Richards teaches in Claim 6 quoted here as follows, “a battery pack wherein the battery (46) is rechargeable.” Battery pack (46) is shown mounted on the frame (12) in Fig. 1. Richards further teaches other embodiments in paragraph 0017 that show t battery pack (46) can be mounted to other points on the trowel such as post (66) or on either the left or right handle of the cross handlebar (66), or in a back pack to be worn by the operator. This modification to the battery pack (66) mounting location provides the operator more options for better operation of the power trowel and can reduce overall height of the trowel to allow it to access more confined areas.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the trowel taught by the combination of Rebechini, so as to use a rechargeable battery, in view of Richards, since doing so would have allowed for the benefit of not having to replace discharged batteries; thus, saving on waste and cost, as the batteries could simply be recharged (rather than being replaced).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Rebechini (U.S. 3,477,353) in view of Ian C. Richards (U.S. Pub. App. 20220268036) as applied to claim 5 above, and further in view of J. Dewayne Allen (U.S. 5,890,833) herein referred to as Allen.
Regarding Claim 7, The combination of Rebechini in view of Richards teaches Fig. 1, a generator (50) that provides electrical power while the gasoline engine is on using a pulley/belt system (45, 51 & 52) connecting the generator to the gasoline engine. The combination of Rebechini in view of Richards fails to teach a battery or lights for illumination of the immediate work area. Allen teaches in Figs. 1 & 2, six rectangle running/headlight fixtures that are not labeled, which are disposed three apiece on the front and rea faces of the machine, each face has one light positioned in the center and one light on each of the left and right corners. Additionally, Allen shows in Fig. 15 and Column 10-Lines 12-13 a circuit diagram where the running/headlights are operated via relay (315) and contact (318). Allen further teaches in Fig. 1 & 2, battery enclosure (90) (actual battery not shown) where the battery would be situated in the machine to provide electrical power to the lights and other electrical components."
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the trowel taught by the combination of Rebechini in view of Richards, so as to include a battery or lights for illumination of the immediate work area, in view of Allen since doing so would make it easier to work areas where there is not enough external lighting.
Claims 8, 15, 16 & 20 is rejected under 35 U.S.C. 103 as being unpatentable over Rebechini (U.S. 3,477,353) in view of J. Dewayne Allen (U.S. 5,405,216) herein referred to as Allen.
Regarding Claim 8, Rebechini teaches a power trowel supporting one end of handle (25) extending away from the sub-frame (24) having a pair of left/right side hand grips (26) attached at the other end thereof. Rebechini fails to teach a crossbar mounted and attaching to both hand grips that is perpendicular in orientation to the main handle (25).
Allen teaches a handlebar assembly (Fig. 3 (55)) that comprises left and right struts attached to the main handle (50) at one end and attached to a crossbar at the other end. The ends of the crossbar comprise of handle grips that are an extension of the crossbar for the operator to hold when operating the apparatus. Allen additionally teaches input device(s) such as a throttle (57) or kill switch (59) can be attached to the handlebar assembly (55) so that they are placed within easy reach for the operator.
It would have been obvious to a person of ordinary skill in the art to which the claimed invention pertains, to modify the actual mounting location of the devices from the end of the main handle (50) to anywhere on the handlebar assembly (55) depending on the type, size and operation of the input device. This obvious modification provides far greater flexibility to accommodate a plurality of operator-controlled input devices placed for easy reach by the operator while operating the trowel.
Regarding Claim 15, Rebechini teaches a power trowel supporting one end of a handle (25) having a pair of left/right side hand grips (26) attached at the other end thereof. Rebechini fails to teach a crossbar mounted and attaching to both hand grips that is perpendicular in orientation to the main handle (25).
Allen teaches a handlebar assembly (Fig. 3 (55)) that comprises left and right struts attached to the main handle (50) at one end and attached to a crossbar at the other end. The ends of the crossbar comprise of handle grips that are an extension of the crossbar for the operator to hold when operating the apparatus. Allen additionally teaches input device(s) such as a throttle (57) or kill switch (59) can be attached to the handlebar assembly (55) so that they are placed within easy reach for the operator.
It would have been obvious to a person of ordinary skill in the art to which the claimed invention pertains, to modify the actual mounting location of the devices from the end of the main handle (50) to anywhere on the handlebar assembly (55) depending on the type, size and operation of the input device. This obvious modification provides far greater flexibility to accommodate a plurality of operator-controlled input devices placed for easy use/reach by the operator.
Regarding Claim 16, Rebechini teaches a power trowel supporting one end of a handle (25) having a pair of left/right side hand grips (26) attached at the other end thereof. Rebechini fails to teach a crossbar mounted and attaching to both hand grips that is perpendicular in orientation to the main handle (25).
Allen teaches a handlebar assembly (Fig. 3 (55)) that comprises left and right struts attached to the main handle (50) at one end and attached to a crossbar at the other end. The ends of the crossbar comprise of handle grips that are an extension of the crossbar for the operator to hold when operating the apparatus. Allen additionally teaches input device(s) such as a throttle (57) or kill switch (59) can be attached to the handlebar assembly (55) so that they are placed within easy reach for the operator.
It would have been obvious to a person of ordinary skill in the art to which the claimed invention pertains, to modify the actual mounting location of the devices from the end of the main handle (50) to anywhere on the handlebar assembly (55) depending on the type, size and operation of the input device. This obvious modification allows the operator to maintain two handed operation of the machine while safely engaging the user input devices as necessary.
Regarding Claim 20, Rebechini teaches a power trowel supporting one end extending away from the sub-frame (24) of a handle (25) having a pair of left/right side hand grips (26) attached at the other end thereof. Rebechini fails to teach a crossbar mounted and attaching to both hand grips that is perpendicular in orientation to the main handle (25).
Allen teaches a handlebar assembly (Fig. 3 (55)) that comprises left and right struts attached to the main handle (50) at one end and attached to a crossbar at the other end. The ends of the crossbar comprise of handle grips that are an extension of the crossbar for the operator to hold when operating the apparatus. Allen additionally teaches input device(s) such as a throttle (57) or kill switch (59) can be attached to the handlebar assembly (55) so that they are placed within easy reach for the operator.
It would have been obvious to a person of ordinary skill in the art to which the claimed invention pertains, to modify the actual mounting location of the devices from the end of the main handle (50) to anywhere on the handlebar assembly (55) depending on the type, size and operation of the input device. This obvious modification provides far greater flexibility to accommodate a plurality of operator-controlled input devices placed for easy reach by the operator while operating the trowel.
Allowable Subject Matter
Claims 6, 9-10, and 12 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.
Conclusion
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/Kalpit C. Patel/ 12/11/2025
AU-3671
571 272 3053
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671