Final 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 .
Response to Amendment
Applicant’s arguments, see Applicant’s Arguments/Remarks Made in an Amendment, filed 04/09/2026, with respect to the rejection(s) of claim(s) 1-15 under 35 USC 102(a)(2) and 35 USC 103 have been fully considered and are persuasive. As applicant posits, Schmalz as part of US 20170015342 A1, hereinafter referred to as Schmalz does not disclose all aspects of the amended claim language, and the additional references relied upon in combination with Schmalz do not rectify the deficiencies thereof. Therefore, in light of the amended language, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 USC 112, and in view of Yamaoka et al as part of US 20210040701 A1, hereinafter referred to as Yamaoka.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3 and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
No suggestion is given as to how or why the auger speed, impeller speed, or both would be adjusted in response to the auger housing being measured to be inclined by an angle sensor; instead, the specification of the instant application details: “The controller 200 may also receive data from the angle sensor 214 indicative that the incline angle of the housing 110/longitudinal axis 101 has increased relative to the ground surface 103 to greater than a predetermined threshold incline angle (e.g., greater than 1 degree, greater than 2 degrees, greater than 5 degrees, greater than 10 degrees, or greater than 15 degrees). The controller 200 may be configured, in response to detecting the increased incline angle, to command the traction assembly 105 (e.g., via the traction assembly actuator 196) to move the traction wheels 106 from the longitudinal first position (see solid line wheel in FIG. 2) to the longitudinal second position (see broken line wheel in FIG. 2) located aft of the longitudinal first position.” (Specification, paragraph 54). As such, the inclusion of the limitation “at least one sensor, and an electronic controller…configured to monitor data provided by the sensor, and responsive to the data provided by the sensor, automatically adjust the auger speed, the impeller speed, or both the auger speed and the impeller speed”, is not supported by the specification.
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 3 and 17 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.
As detailed above in the rejection under 35 USC 112(a), the lack of written description in the specification, specifically with regards to the data of an angle sensor being utilized to adjust the auger speed, impeller speed, or both the auger speed and the impeller speed renders the claims indefinite. For the purposes of examination, examiner interpret claims 3 and 17 to indicate that and additional sensor is present alongside the at least one sensor described in claims 1 and 14 that is operatively connected to and provides data to an electronic controller, and responsive to the data provide by the sensor, automatically adjusts the auger speed, impeller speed, or both the auger speed and the impeller speed, wherein the additional sensor is an angle sensor operatively connected to the electronic controller, the electronic controller being configured to monitor data provided by the additional sensor.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 7-9, and 14-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yamaoka.
Regarding Claim 1: Yamaoka teaches of a snowthrower (Fig. 1, snowthrower 100) comprising:
an auger housing containing an auger therein (Fig. 6, auger 151 is contained within auger housing 112a);
an impeller housing in fluid communication with the auger housing, wherein the impeller housing contains an impeller therein (Fig. 7, impeller 152 is contained within impeller housing 112e, in fluid connection with auger housing 112a);
an electric motor operatively coupled: to the auger and configured to rotate the auger at an auger speed about an auger axis (Paragraph 44, second motor 132 drives auger 151 about a first axis 101, which is supplied power by battery packs 121, implying the motors are electric; Paragraph 66, the auger is set to rotate at one of five speeds);
and to the impeller and configured to rotate the impeller at an impeller speed about an impeller axis (Paragraph 44, second motor 132 drives impeller 152 about a second axis 102; drive shaft 142a, which controls the auger, and drive shaft 142b, which controls the impeller, are connected via gears, directly relating the auger speed and the impeller speed);
at least one sensor (Paragraph 67, unnumbered second detection unit is a voltage sensor that receives a voltage input);
and an electronic controller operatively coupled to each of the electric motor and the sensor (Paragraph 67, circuit board assembly 181 is connected to the second detection unit
Paragraph 67, circuit board assembly), the electronic controller configured to:
monitor data provided by the sensor;
and responsive to the data provided by the sensor, automatically adjust the auger speed, the impeller speed, or both the auger speed and the impeller speed (Paragraph 67, circuit board assembly 181 receives a signal from the second detection unit, which then controls the rotational speed of auger 151).
Regarding Claim 2: Yamaoka teaches of the apparatus described in claim 1.
Yamaoka further teaches wherein the parameter comprises a speed of the electric motor (Paragraph 67, the second detection unit governs the rotational speed of the auger 151; Paragraph 44, the auger 151 is driven about second axis 102 by motor 132).
Regarding Claim 7: Yamaoka teaches of the apparatus described in claim 1.
Yamaoka further teaches of the apparatus further comprising:
first and second traction wheels associated with the auger housing (Fig. 12, wheel assembly 16 includes walking wheels 162; Fig. 2, walking wheels 162 are associated with auger housing 112a);
and an electric traction motor operatively configured to rotate one or both of the first and second traction wheels to propel the snowthrower relative to a ground surface (Paragraph 44, first motor 131 is configured to drive the wheel assembly 16 and be supplied power by battery packs 121, implying the motors are electric; Paragraph 35, wheel assembly 16 enables the snow thrower 100 to move on the ground),
wherein the traction motor is operatively coupled to the electronic controller (Paragraph 67, circuit board assembly 181 operatively controls first motor 131).
Regarding Claim 8: Yamaoka teaches of the apparatus described in claim 7.
Yamaoka further teaches wherein the electronic controller is further configured to, responsive to the data provided by the sensor, adjust a parameter of the traction motor (Paragraph 67, circuit board assembly 181 controls the first motor to move forward or backward, thus driving the walking wheels 162 forward or backward in response to a signal sent by a first detection unit).
Regarding Claim 9: Yamaoka teaches of the apparatus described in claim 8.
Yamaoka further teaches wherein the parameter of the traction motor comprises a speed of the traction motor (Paragraph 67, based on the signal received from the first detection unit, the circuit board assembly 181 controls the first motor 131; paragraph 61, the first speed control switch 261 allows for stepless speed regulation by circuit board assembly 181 altering the voltage signal sent to the first motor 131, and thus the RPM of the first motor 131).
Regarding Claim 14: Yamaoka teaches of a snowthrower (Fig. 1, snowthrower 100) comprising:
an auger housing containing an auger therein (Fig. 6, auger 151 is contained within auger housing 112a);
an impeller housing in fluid communication with the auger housing, wherein the impeller housing contains an impeller therein (Fig. 7, impeller 152 is contained within impeller housing 112e, in fluid connection with auger housing 112a);
a motor assembly comprising an electric motor (Paragraph 44, the first motor 131 and second motor 132 are supplied power by battery packs 121, implying the motors are electric), the motor assembly operatively coupled to each of the auger and the impeller and configured to rotate each of the auger and the impeller at an auger speed about an auger axis and at an impeller speed about an impeller axis, respectively (Paragraph 66, second motor 132 drives the auger about first axis 101 at one of five discreet speeds, and the impeller 152 about a second axis 102; drive shaft 142a, which controls the auger, and drive shaft 142b, which controls the impeller, are connected via gears, directly relating the auger speed and the impeller speed);
at least one sensor (Paragraph 67, unnumbered second detection unit is a voltage sensor that receives a voltage input);
and an electronic controller operatively coupled to each of the motor assembly and the sensor (Paragraph 67, circuit board assembly 181 is connected to the second detection unit and both first motor 131 and second motor 132), the electronic controller configured to:
monitor data provided by the sensor;
and responsive to the data provided by the sensor, automatically adjust the auger speed, the impeller speed, or both the auger and impeller speed (Paragraph 67, circuit board assembly 181 receives a signal from the second detection unit, which then controls the rotational speed of auger 151).
Regarding Claim 15: Yamaoka teaches of the apparatus described in claim 14.
Yamaoka further teaches wherein the motor assembly further comprises a gearbox operatively coupled to each of the auger and the electric motor, and wherein the electric motor is configured to rotate the auger about the auger axis via the gearbox (Paragraph 59: the second speed control switch 262 adjusts the speed of second motor 132; Paragraph 66: second motor 132 drives the auger about first axis 101 at one of five discreet speeds, and the control switch 262 exerts speed control over the auger 151 with five speed gears).
Regarding Claim 16: Yamaoka teaches of the apparatus described in claim 14.
Yamaoka further teaches wherein the parameter of the motor assembly comprises a speed of the electric motor (Paragraph 59: the second speed control switch 262 adjusts the speed of second motor 132).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka in view of Fukano et al as part of US 20200291590 A1, hereinafter referred to as Fukano.
Regarding Claim 3: Yamaoka teaches of the apparatus described above in claim 1.
Yamaoka does not teach of an angle sensor configured to detect an inclination of the auger housing.
Fukano teaches of a snow thrower apparatus (Fukano: Fig. 1, snow removal machine 10) that comprises at least one sensor and an electronic controller coupled to a motor and the sensor, the electronic controller configured to monitor data provided by the sensor,
wherein the sensor comprises an angle sensor configured to detect an inclination of the auger housing (Fukano: Paragraph 45-49, angle detecting sensor 76 determines the angle relative to a horizontal plane and inputs said data to control section 18, which may adjust the vehicle speed by altering the vehicle speed coefficient based on the detected angle, in this case by controlling the electric motors 54L and 54R).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Yamaoka to provide additional sensors to the at least one sensor described, such as the specific angle detection sensor as a method of controlling the motor of the ground engaging members taught by Fukano to create a device that detects the angle of the auger housing and communicates that angle to the electronic controller (Fukano: Paragraph 45-49, angle detecting sensor 76 determines the angle relative to a horizontal plane and inputs said data to control section 18, which may adjust the vehicle speed by altering the vehicle speed coefficient based on the detected angle, in this case by controlling the electric motors 54L and 54R). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of allowing the snowthrower to more efficiently operate on an inclined surface (MPEP 2143, Subsection I, A).
Regarding Claim 17: Yamaoka teaches of the apparatus described above in claim 14.
Yamaoka does not teach of an angle sensor configured to detect an inclination of the auger housing.
Fukano teaches of a snow thrower apparatus (Fukano: Fig. 1, snow removal machine 10) that comprises at least one sensor and an electronic controller coupled to a motor and the sensor, the electronic controller configured to monitor data provided by the sensor,
wherein the sensor comprises an angle sensor configured to detect an inclination of the auger housing (Fukano: Paragraph 45-49, angle detecting sensor 76 determines the angle relative to a horizontal plane and inputs said data to control section 18, which may adjust the vehicle speed by altering the vehicle speed coefficient based on the detected angle, in this case by controlling the electric motors 54L and 54R).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Yamaoka to provide additional sensors to the at least one sensor described, such as the specific angle detection sensor as a method of controlling the motor of the ground engaging members taught by Fukano to create a device that detects the angle of the auger housing and communicates that angle to the electronic controller (Fukano: Paragraph 45-49, angle detecting sensor 76 determines the angle relative to a horizontal plane and inputs said data to control section 18, which may adjust the vehicle speed by altering the vehicle speed coefficient based on the detected angle, in this case by controlling the electric motors 54L and 54R). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of allowing the snowthrower to more efficiently operate on an inclined surface (MPEP 2143, Subsection I, A).
Claims 4, 10, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka in view of Yasuda et al as part of US 20190074788 A1, hereinafter referred to as Yasuda.
Regarding Claim 4: Yamaoka teaches of the apparatus described above in claim 1.
Yamaoka does not teach wherein the sensor comprises a current sensor configured to detect current to the electric motor.
Yasuda teaches of a motor drive system for an electric motor of a vehicle for the purposes of driving a motor via output control signals, wherein the system includes a sensor, a motor, and an electronic controller connected to the motor and the sensor to monitor data provided by the sensor (Yasuda: the current detector 20, electric motor 3, and control circuit 10 are connected, wherein control circuit 10 monitors data from current detector 20), and automatically adjust the speed of an electric motor, wherein the sensor comprises a current sensor configured to detect current to the electric motor. (Yasuda: Paragraph 29-30, current detector 20 detects the current of the electric motor 3, which is passed to motor control circuit 10 to control the vehicle speed via manipulation of the output torque of motor 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the voltage measurement sensors taught by Yamaoka with the current detecting sensors taught by Yasuda to control the rotational speed of the auger motor of Yamaoka (Yasuda: Paragraph 29-30, current detector 20 detects the current of the electric motor 3, which is passed to motor control circuit 10 to control the output torque of motor 3). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of adjusting the rotational speed of a motor, in this case the motor that controls the auger and impeller rotational speed, through the detection of electrical current (MPEP 2143, Subsection I, B).
Regarding Claim 10: Yamaoka teaches of the apparatus described above in claim 7.
Yamaoka does not teach wherein the sensor is a current sensor configured to detect current to one or both of the electric motor and the traction motor.
Yasuda teaches of a motor drive system for an electric motor for the purposes of driving a motor via output control signals, wherein the system includes a sensor, a motor, and an electronic controller connected to the motor and the sensor to monitor data provided by the sensor (Yasuda: the current detector 20, electric motor 3, and control circuit 10 are connected, wherein control circuit 10 monitors data from current detector 20), and automatically adjust the speed of the electric motor, wherein the sensor comprises a current sensor configured to detect current to the electric motor. (Yasuda: Paragraph 29-30, current detector 20 detects the current of the electric motor 3, which is passed to motor control circuit 10 to control the vehicle speed via manipulation of the output torque of motor 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the voltage measurement sensors taught by Yamaoka with the current detecting sensors taught by Yasuda to control the rotational speed of the first and second motors to control the rotational speed of the auger and impeller, and the wheel assembly respectively, of Yamaoka (Yasuda: Paragraph 29-30, current detector 20 detects the current of the electric motor 3, which is passed to motor control circuit 10 to control the output torque of motor 3). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of adjusting the rotational speed of a motors through the detection of electrical current (MPEP 2143, Subsection I, B).
Regarding Claim 18: Yamaoka does not teach wherein the sensor comprises a current sensor configured to detect current to the electric motor.
Yasuda teaches of a motor drive system for an electric motor of a vehicle for the purposes of driving a motor via output control signals, wherein the system includes a sensor, a motor, and an electronic controller connected to the motor and the sensor to monitor data provided by the sensor (Yasuda: the current detector 20, electric motor 3, and control circuit 10 are connected, wherein control circuit 10 monitors data from current detector 20), and automatically adjust the speed of an electric motor, wherein the sensor comprises a current sensor configured to detect current to the electric motor. (Yasuda: Paragraph 29-30, current detector 20 detects the current of the electric motor 3, which is passed to motor control circuit 10 to control the vehicle speed via manipulation of the output torque of motor 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the voltage measurement sensors taught by Yamaoka with the current detecting sensors taught by Yasuda to control the rotational speed of the auger motor of Yamaoka (Yasuda: Paragraph 29-30, current detector 20 detects the current of the electric motor 3, which is passed to motor control circuit 10 to control the output torque of motor 3). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of adjusting the rotational speed of a motor, in this case the motor that controls the auger and impeller rotational speed, through the detection of electrical current (MPEP 2143, Subsection I, B).
Claims 5-6 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka in view of Reddy et al as part of US 20220052633 A1, hereinafter referred to as Reddy.
Regarding Claim 5: Yamaoka teaches of the apparatus described above in claim 1.
Yamaoka does not teach wherein the sensor comprises a temperature sensor configured to detect a temperature of the electric motor.
Reddy teaches of an electric motor torque control system including a plurality of sensors, an electric motor, and an electrical controller coupled to the motor and the sensor which monitors the data provided by sensor (Reddy: Paragraph 36: sensors 206 may include operational sensors of the motor 100, which pass data to control component 212), and responsive to the data provided by the sensor, automatically adjust the speed the electric motor (Reddy: Paragraph 36, control component 36 determines the output torque of the motor 100 based on input of sensors 206), wherein the sensor comprises a temperature sensor configured to detect a temperature of the electric motor (Reddy: Paragraph 36, the operational sensors of the motor 100 may include stator temperature sensors).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Yamaoka to provide additional sensors to the at least one sensor described, such as the specific temperature sensors for the electric motor as described by Reddy to create an apparatus capable of controlling the output torque of the electric motor based on the input of the sensors (Reddy: Paragraph 36: sensors 206 may include operational sensors of the motor 100, including a stator temperature sensor, which pass data to control component 212 to determine torque output of the motor 100). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing temperature sensor data adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, A).
Regarding Claim 6: Yamaoka teaches of the apparatus described above in claim 1.
Yamaoka does not teach wherein the sensor comprises a temperature sensor configured to detect an ambient air temperature.
Reddy teaches of an electric motor torque control system including a plurality of sensors, an electric motor, and an electrical controller coupled to the motor and the sensor which monitors the data provided by sensor (Reddy: Paragraph 36: sensors 206 may include ambient environmental sensors relating to the motor 100, which pass data to control component 212), and responsive to the data provided by the sensor, automatically adjust the speed of the electric motor (Reddy: Paragraph 36, control component 36 determines the output torque of the motor 100 based on input of sensors 206), wherein the sensor comprises a temperature sensor configured to detect an ambient air temperature. (Reddy: Paragraph 36, the sensors 206 may include ambient environmental sensors, such as temperature sensors).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Yamaoka to provide additional sensors to the at least one sensor described, such as the specific ambient temperature sensors as described by Reddy to create an apparatus capable of controlling the output torque of the electric motor based on the input of the sensors (Reddy: Paragraph 36: sensors 206 may include ambient environmental sensors, such as temperature sensors, which pass data to control component 212 to determine torque output of the motor 100). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing temperature sensor data adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, A).
Regarding Claim 19: Yamaoka teaches of the apparatus described above in claim 14.
Yamaoka does not teach wherein the sensor comprises a temperature sensor configured to detect a temperature of the electric motor.
Reddy teaches of an electric motor torque control system including a plurality of sensors, an electric motor, and an electrical controller coupled to the motor and the sensor which monitors the data provided by sensor (Reddy: Paragraph 36: sensors 206 may include operational sensors of the motor 100, which pass data to control component 212), and responsive to the data provided by the sensor, automatically adjust the speed the electric motor (Reddy: Paragraph 36, control component 36 determines the output torque of the motor 100 based on input of sensors 206), wherein the sensor comprises a temperature sensor configured to detect a temperature of the electric motor (Reddy: Paragraph 36, the operational sensors of the motor 100 may include stator temperature sensors).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Yamaoka to provide additional sensors to the at least one sensor described, such as the specific temperature sensors for the electric motor as described by Reddy to create an apparatus capable of controlling the output torque of the electric motor based on the input of the sensors (Reddy: Paragraph 36: sensors 206 may include operational sensors of the motor 100, including a stator temperature sensor, which pass data to control component 212 to determine torque output of the motor 100). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing temperature sensor data adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, A).
Regarding Claim 20: Yamaoka teaches of the apparatus described above in claim 14.
Yamaoka does not teach wherein the sensor comprises a temperature sensor configured to detect an ambient air temperature.
Reddy teaches of an electric motor torque control system including a plurality of sensors, an electric motor, and an electrical controller coupled to the motor and the sensor which monitors the data provided by sensor (Reddy: Paragraph 36: sensors 206 may include ambient environmental sensors relating to the motor 100, which pass data to control component 212), and responsive to the data provided by the sensor, automatically adjust the speed of the electric motor (Reddy: Paragraph 36, control component 36 determines the output torque of the motor 100 based on input of sensors 206), wherein the sensor comprises a temperature sensor configured to detect an ambient air temperature. (Reddy: Paragraph 36, the sensors 206 may include ambient environmental sensors, such as temperature sensors).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Yamaoka to provide additional sensors to the at least one sensor described, such as the specific ambient temperature sensors as described by Reddy to create an apparatus capable of controlling the output torque of the electric motor based on the input of the sensors (Reddy: Paragraph 36: sensors 206 may include ambient environmental sensors, such as temperature sensors, which pass data to control component 212 to determine torque output of the motor 100). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing temperature sensor data adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, A).
Claim 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaoka in view of Schmalz.
Regarding Claim 11: Yamaoka teaches of the apparatus described in claim 7.
Yamaoka further teaches further comprising operator controls operatively coupled to the electric traction motor (Yamaoka: Fig. 20-21, operating assembly 20 comprises first speed control switch 261; Paragraph 59, first speed control switch 261 adjusts the speed of the first motor 131)
Yamaoka additionally teaches of a proportionally adjusting the rotational speed of the individual first and second traction wheels (Yamaoka: Fig. 13; Paragraph 46, wheel assembly 16 includes a differential between the first motor 131 and the walking wheels 162 that makes the two walking wheels 162 rotate at different speeds); however, no control methodology to achieve such control is detailed in the disclosure.
Schmalz teaches of a snowthrower, wherein the snowthrower comprises operator controls operatively coupled to an electric traction motor (Schmalz: Fig. 6, handlebar 34 comprises control handles 436 which are coupled to the motors 429 via control transmission 438), the operator controls comprising:
a first traction control configured to proportionally adjust rotational speed of the first traction wheel (Schmalz: Paragraph 71, forward and rearward movement of handle 436L results in the respective forward and rearward movement of traction member 426L);
and a second traction control configured to proportionally adjust rotational speed of the second traction wheel (Schmalz: Paragraph 71, forward and rearward movement of handle 436R results in the respective forward and rearward movement of traction member 426R).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the unspecified controller of the traction wheel differential taught by Yamaoka with the specific user controls for operating two traction wheels at different rotational speeds taught by Schmalz to allow the user to turn the snowthrower during operation (Schmalz: Paragraph 78, independently adjusting one traction member in a reverse direction while the other is driven in a forward direction facilitates sharp turns). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing controls for independently adjusting the rotational speeds of a first and second traction wheel (MPEP 2143, Subsection I, B).
Regarding Claim 12: Yamaoka teaches of a snowthrower comprising:
a frame defining a longitudinal axis (Fig. 1-3, body 10 of snow thrower 100 comprises axis 102 along the longitudinal direction);
a traction assembly supporting the frame relative to a ground surface, the traction assembly comprising at least one traction wheel (Fig. 12, wheel assembly 16 includes walking wheels 162 which support the snow thrower 100 on the ground);
an electric traction motor operatively coupled to the traction wheel and configured to rotate the traction wheel about a traction axis transverse to the longitudinal axis to propel the snowthrower over the ground surface (Paragraph 44, first motor 131 is configured to drive the wheel assembly 16 and be supplied power by battery packs 121, implying the motors are electric; Fig. 12, walking wheels rotate about an axis defined by wheel shaft 161, which lies perpendicular to the axis 102; Paragraph 35, wheel assembly 16 enables the snow thrower 100 to move on the ground);
and operator controls operatively coupled to the electric traction motor (Fig. 20-21, operating assembly 20 comprises first speed control switch 261; Paragraph 59, first speed control switch 261 adjusts the speed of the first motor 131), the operator controls comprising:
a first traction control configured to command rotation of the traction wheel via the electric traction motor (Paragraph 67, based on the signal received from the first detection unit from first speed control switch 261, the circuit board);
and is configured to adjust a rotational speed of the traction wheel via the electric traction motor (Fig. 13; Paragraph 46, wheel assembly 16 includes a differential between the first motor 131 and the walking wheels 162 that makes the two walking wheels 162 rotate at different speeds);
wherein the rotational speed of the traction wheel is adjustable between a plurality of discrete speeds, the plurality of discrete speeds comprising:
a neutral speed; and a first forward speed (Fig. 20; paragraph 61, first speed control switch 261 comprises stepless speed regulation for a forward and neutral speed).
Yamaoka additionally teaches of a adjusting the rotational speed the traction wheels via the electric traction motor (Yamaoka: Fig. 13; Paragraph 46, wheel assembly 16, which is driven by first motor 131, includes a differential that makes the two walking wheels 162 rotate at different speeds); however, no control methodology to achieve such control is detailed in the disclosure.
Schmalz teaches of a snowthrower, comprising first and second shift controls configured to adjust a rotational speed of a traction wheel via an electric traction motor (Schmalz: Paragraph 94/99, control transmission 838 (analogous to control transmission 438) comprises a transmission 902 and steering control portion 908, both of which adjusts the rotational speeds of the individual traction members via electric motors 429; Fig. 10, steering control portion 908 comprising control handles 836R and 836L to control the individual right and left traction wheels respectively).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the unspecified controller of the traction wheel differential taught by Yamaoka with the specific user controls for operating two traction wheels at different rotational speeds taught by Schmalz to allow the user to turn the snowthrower during operation (Schmalz: Paragraph 78, independently adjusting one traction member in a reverse direction while the other is driven in a forward direction facilitates sharp turns). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing controls for independently adjusting the rotational speeds of a first and second traction wheel (MPEP 2143, Subsection I, B).
Further, while Yamaoka describes a first forward speed and a neutral speed, Yamaoka does not describe a second forward speed that is faster than the first forward speed. Instead, Yamaoka describes the first speed control switch comprising a sliding rheostat for adjustment between neutral and forward gear (Yamaoka: Paragraph 61, the first speed control switch 261 includes a sliding rheostat, which adopts stepless speed regulation of the movement of the snowthrower based on a voltage signal).
Yamaoka details a five speed gearing system for the auger rotational control system, also comprising a sliding rheostat to allow user control over the auger speed (Yamaoka: Paragraph 66, second speed control switch 262 includes a sliding rheostat, which corresponds to the auger speed control comprises five discreet gears of varying RMP based on a voltage signal)
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to utilize the multiple discreet speed gearing system controlled by a sliding rheostat detailed to the control the rotational speed of the auger in place of the stepless speed regulation controlled by a sliding rheostat described in the control of the rotational speed of the wheels of the snowthrower, as both systems utilize a voltage input to determine the rotational speed of a motor. Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of providing at least a second forward movement speed to the snowthrower that is greater than the first forward speed.
Regarding Claim 13: Yamaoka in view of Schmalz teaches of the apparatus described in claim 12.
Yamaoka further teaches wherein the plurality of discrete speeds further comprises a first reverse speed (Fig. 20; paragraph 61, first speed control switch 261 comprises stepless speed regulation for a reverse speed).
Additionally, Schmalz further teaches wherein the plurality of discrete speeds further comprises a first reverse speed (Schmalz: Paragraph 94, transmission 902 allows a forward and reverse input).
Conclusion
THIS ACTION IS MADE FINAL. 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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/EVAN A BREGEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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