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
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “Provided herein is”, “The present disclosure is suitable for…and provides a”, “is provided”, etc.
The abstract of the disclosure is objected to because it contains implied phraseology, specifically “is provided” in line 1 thereof.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1, 4-6, 9, 11, 14 and 15 are objected to because of the following informalities:
In line 8 of claim 1, the recitation “the blades” should be corrected to --the two or more blades-- since “two or more blades” has been previously set forth in line 7 of claim 1.
In the second to last line of claim 1, the recitation “the wheels” should be corrected to --the pair of wheels-- since “a pair of wheels” has been previously set forth in the fourth to last line of claim 1.
In line 9 of claim 1; in line 3 of claim 4; and in line 2 of claim 9, the recitation “the channel” should be corrected to --the open channel-- since “an open channel” has been previously set forth in line 3 of parent claim 1.
In lines 2-4 of claim 5, the recitation “the container” (three occurrences) should be corrected to --the removable container-- since “a removable container” has been previously set forth in lines 1 and 2 of claim 5.
In line 2 of claim 6, the recitation “the rotary assembly” should be corrected to --the rotary spreader assembly-- since “a rotary spreader assembly” has been previously set forth in lines 3 and 4 of claim 1.
In line 3 of claim 6, the recitation “transitioned” should be corrected to --transitioning-- to correct a grammar error.
In line 3 of claim 6, the recitation “positioned” should be corrected to --position-- to correct a grammar error.
In line 1 of claim 11, --a-- should be inserted before “rod” to correct a grammar error.
In line 2 of claim 14; and in line 1 of claim 15, the recitation “the spreader” should be corrected to --the material spreader-- since “A material spreader” has been previously set forth in line 1 of parent claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 7 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The recitation “the variable flow gate” (two occurrences) in lines 1 and 2 of claim 4 lacks proper antecedent basis.
The recitation “the frame” in line 1 of claim 7 lacks proper antecedent basis.
The recitation “the removable container” in lines 1 and 2 of claim 7 lacks proper antecedent basis.
The recitation “the container” in line 1 of claim 8 lacks proper antecedent basis.
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.
Claims 1, 2 and 4-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heidger US 2,535,414.
With respect to claim 1, Heidger US 2,535,414 discloses a material spreader (see Figures 1-4; see the disclosure in column 2, line 10), comprising:
a hopper 29,13-18 configured to store a material (see the disclosure in column 3, line 25) to be spread;
wherein the hopper 29,13-18 includes an open channel (unnumbered) for delivering the material (see the disclosure in column 3, line 25) to a rotary spreader assembly (see Figures 1-4; see the disclosure in column 2, line 10), the rotary spreader assembly (see Figures 1-4; see the disclosure in column 2, line 10) comprising:
an impeller 39,41,42 that rotates about a hub 39 which is secured to an impeller shaft 24,38, wherein the impeller 39,41,42 includes two or more blades 41,42 extending radially from the impeller shaft 24,38;
wherein the two or more blades 41,42 are spaced apart forming compartments (broadly considered to be the space) between adjacent blades 41,42 to receive material (see the disclosure in column 3, line 25) from the open channel (unnumbered);
wherein the impeller 39,41,42 is positioned within a housing 30-33;
a chute 44 indirectly disposed on a first side (unnumbered) of the housing 30-33 for centrifugally discharging the material (see the disclosure in column 3, line 25) driven by the impeller 39,41,42;
a base (unnumbered) with a pair of wheels 22,23 linked via a wheel axle 20;
a wheel axle gear set (surface of 23) mounted to the wheel axle 20 adapted to meshes with an impeller gear set 26 mounted on the impeller shaft 24,38, wherein rotation of the pair of wheels 22,23 causes the impeller shaft 24,38 to rotate.
As to claim 2, a clutch handle 47 is operably indirectly connected to the wheel axle gear set (surface of 23), wherein the clutch handle 47 is operably connected to a clutch (unnumbered).
Regarding claim 4, the clutch handle 47 is operably indirectly connected to the variable flow gate 33 to control the position (unnumbered) of a variable flow gate 33, the variable flow gate 33 positioned adjacent the open channel (unnumbered).
With respect to claim 5, the hopper 29,13-18 comprises a frame 13-18 adapted to receive a removable container 29, wherein the removable container 29 comprises an open lower end (unnumbered) that is seated over a receiver (unnumbered), wherein the open channel (unnumbered) is formed within the removable container 29, such that an upper end (unnumbered) and a lower end (unnumbered) of the removable container 29 are open.
As to claim 6, a variable flow gate 33 is positioned over the open lower end (unnumbered) of the hopper 29,13-18 and is configured to control the flow of material (see the disclosure in column 3, line 25) into the rotary spreader assembly (see Figures 1-4; see the disclosure in column 2, line 10) via transitioning between an open position (see Figure 4) and a closed position (see Figure 4).
Regarding claim 7, the frame 13-18 comprises a locking member 30 for securing the removable container 29 therewith.
With respect to claim 8, the container 29 includes a taper (unnumbered) at a lower end (unnumbered) thereof, such that the lower end (unnumbered) is narrower than an opposing upper end (unnumbered) thereof.
As to claim 9, Heidger US 2,535,414 discloses an agitator 40 for agitating the material (see the disclosure in column 3, line 25) in the hopper 29,13-18 to direct the material (see the disclosure in column 3, line 25) into the open channel (unnumbered), wherein the agitator 40 is driven by the impeller shaft 24,38 and rotates thereabout.
Regarding claim 10, the agitator 40 is positioned within a receiver (considered to be met by the space in member 29).
With respect to claim 11, the agitator 40 comprises a rod 40 that extends along a bottom of the hopper 29,13-18 and extends upward along a sidewall (unnumbered) of the hopper 29,13-18.
As to claim 12, the housing 30-33 is formed from an upper 30 and lower 33 plate, with a sidewall (unnumbered) extending therebetween that closes the impeller 39,41,42 within the housing 30-33.
Regarding claim 13, the housing 30-33 is formed from a lower plate 33 and a lower side (unnumbered) of the hopper 29,13-18.
With respect to claim 14, the base (unnumbered) further comprises a stand 16 extending from a front (unnumbered) of the material spreader (see Figures 1-4; see the disclosure in column 2, line 10) that supports the material spreader (see Figures 1-4; see the disclosure in column 2, line 10) in an upright position.
As to claim 15, the stand 16 is engaged when the material spreader (see Figures 1-4; see the disclosure in column 2, line 10) is rotated forward to cooperatively utilize the pair of wheels 22,23 as a second support.
Regarding claim 16, the material spreader (see Figures 1-4; see the disclosure in column 2, line 10) comprises a handle 13-15 for manually driving the material spreader (see Figures 1-4; see the disclosure in column 2, line 10).
With respect to claim 17, the chute 44 is only disposed on the first side (unnumbered) configured to spread the material (see the disclosure in column 3, line 25) on a single side (unnumbered) of the material spreader (see Figures 1-4; see the disclosure in column 2, line 10) when in motion.
Claim Rejections - 35 USC § 103
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 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Heidger US 2,535,414 in view of Black et al. US 3,259,218.
Heidger US 2,535,414 discloses the material spreader (see Figures 1-4; see the disclosure in column 2, line 10) as set forth supra, including a clutch (unnumbered).
Claim 3 distinguishes over Heidger US 2,535,414 in requiring the clutch to be configured to engage and disengage the impeller gear set from the impeller.
See the detailed disclosure in claim 2 of Black et al. US 3,259,218 in which a clutch engages and disengages a gear train utilizing an impleller.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have utilized the specific structure set forth supra of Black et al. US 3,259,218 in the device of Heidger US 2,535,414 for greater operator control and for greater versatility in use of the device.
Examiner Request
The examiner requests, in response to this office action, support must be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections. In amending in reply to a rejection of claims in an application or patent under reexamination, the applicant or patent owner must clearly point out the patentable novelty which he or she thinks the claims present in view the state of the art disclosed by the references cited or the objections made. The applicant or patent owner must also show how the amendments avoid such references or objections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nishikawa et al. US 4548307 discloses a control device for a direct clutch in an automatic transmission.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J NOVOSAD whose telephone number is (571)272-6993. The examiner can normally be reached on a variable schedule.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rocca M Joseph 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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/Christopher J. Novosad/Primary Examiner, Art Unit 3671
October 13, 2025