Prosecution Insights
Last updated: April 19, 2026
Application No. 18/237,085

ELECTRIC SNOWTHROWER WITH ADAPTIVE MOTOR AND CONTROLS FOR USE WITH SAME

Non-Final OA §102§103
Filed
Aug 23, 2023
Examiner
BREGEL, EVAN ANTHONY
Art Unit
3671
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
The Toro Company
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
22 granted / 33 resolved
+14.7% vs TC avg
Strong +41% interview lift
Without
With
+40.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
19 currently pending
Career history
52
Total Applications
across all art units

Statute-Specific Performance

§103
48.9%
+8.9% vs TC avg
§102
26.8%
-13.2% vs TC avg
§112
23.0%
-17.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 33 resolved cases

Office Action

§102 §103
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 . 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-2, 7-9, 11-14, and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schmalz as part of US 20170015342 A1, hereinafter referred to as Schmalz. Regarding Claim 1: Schmalz teaches of a snowthrower (Fig. 1, snow thrower 20) comprising: an auger housing containing an auger therein (Fig. 1, auger 42 within auger housing 40); an impeller housing in fluid communication with the auger housing, wherein the impeller housing contains an impeller therein (Fig. 1, impeller 48 within impeller housing 46, wherein impeller housing 48 is in fluid communication with auger housing 40); an electric motor operatively coupled: to the auger and configured to rotate the auger about an auger axis (Paragraph 41, auger 42 is rotationally driven about an axis perpendicular to the forward direction of movement and parallel to the ground and may comprise a separate motor or power source than propulsion unit 28, operably coupled to auger 42 to drive auger 42; electric motors are known to be utilized as power solutions in the disclosure, such as paragraphs 46, 69, and 119); and to the impeller and configured to rotate the impeller about an impeller axis (Fig. 1; Paragraph 41, impeller 48 is rotationally driven about an axis perpendicular to the forward direction of movement and perpendicular to the ground); at least one sensor (Paragraph 72, control transmission 438 utilizes electronics such as sensors); and an electronic controller operatively coupled to each of the electric motor and the sensor (Paragraph 72-73, control transmission 438 utilizes a processor as part of motor controller 462 alongside the sensors and motors 429 of propulsion unit 428 (analogous to propulsion unit 28)), the electronic controller configured to: monitor data provided by the sensor; and responsive to the data provided by the sensor, automatically adjust a parameter of the electric motor (Paragraph 72, motor controller 462 responds to signals from sensors 460 to uniformly adjust the speed and/or direction of motors 429). Regarding Claim 2: Schmalz teaches of the apparatus described above in claim 1. Schmalz further teaches wherein the parameter comprises a speed of the electric motor (Paragraph 72, motor controller 462 responds to signals from sensors 460 to uniformly adjust the speed and/or direction of motors 429). Regarding Claim 7: Schmalz teaches of the apparatus described above in claim 1. Schmalz further teaches wherein the snow thrower of claim 1 further comprises: first and second traction wheels associated with the auger housing (Fig. 1/5, traction members 26L and 26R); 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, wherein the traction motor is operatively coupled to the electronic controller (Paragraph 72-73, control transmission 438 utilizes a processor as part of motor controller 462 alongside the sensors and motors 429 of propulsion unit 428 (analogous to propulsion unit 28)). Regarding Claim 8: Schmalz teaches of the apparatus described above in claim 7. Schmalz 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 72, motor controller 462 responds to signals from sensors 460 to uniformly adjust the speed and/or direction of motors 429). Regarding Claim 9: Schmalz teaches of the apparatus described above in claim 8. Schmalz further teaches wherein the parameter of the traction motor comprises a speed of the traction motor (Paragraph 72, motor controller 462 responds to signals from sensors 460 to uniformly adjust the speed and/or direction of motors 429). Regarding Claim 11: Schmalz teaches of the apparatus described above in claim 7. Schmalz further teaches wherein the snow thrower of claim 7 further comprises: operator controls operatively coupled to the electric traction motor (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 (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 (Paragraph 71, forward and rearward movement of handle 436R results in the respective forward and rearward movement of traction member 426R). Regarding Claim 12: Schmalz teaches of a snowthrower (Fig. 1, snow thrower 20) comprising: a frame defining a longitudinal axis (Fig. 1, frame 22 of snow thrower 20 defines a longitudinal axis parallel to the forward direction of movement of the apparatus); a traction assembly supporting the frame relative to a ground surface, the traction assembly comprising at least one traction wheel (Fig. 1; Paragraph 45, traction members 26L and 26R support the components of snow thrower 20 relative to the ground, traction members 26 comprising wheels); 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 69, Traction members 426 (analogous to traction members 26) are operatively coupled to propulsion unit 428, which comprise electric motors 429, which rotate along a central axis perpendicular to the longitudinal axis of the apparatus to propel snow thrower 20); and operator controls operatively coupled to the electric traction motor (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 command rotation of the traction wheel via the electric traction motor (Paragraph 71, forward and rearward movement of handle 436L results in the respective forward and rearward movement of traction member 426L; forward and rearward movement of handle 436R results in the respective forward and rearward movement of traction member 426R); and first and second shift controls configured to adjust a rotational speed of the traction wheel via the electric traction motor (Paragraph 94/99, control transmission 838 (analogous to control transmission 438) comprises a transmission 902 and steering control portion 908, both of which adjust the rotational speeds of the traction members); 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 (Paragraph 93-94, transmission 902 comprises a forward/reverse state, and a disconnected neutral state biased towards a forward state at zero velocity). Regarding Claim 13: Schmalz teaches of the apparatus described in claim 12. Schmalz further teaches wherein the plurality of discrete speeds further comprises a first reverse speed (Paragraph 94, transmission 902 allows a forward and reverse input.). Regarding Claim 14: Schmalz teaches of a snowthrower (Fig. 1, snow thrower 20) comprising: an auger housing containing an auger therein (Fig. 1, auger 42 within auger housing 40); an impeller housing in fluid communication with the auger housing, wherein the impeller housing contains an impeller therein (Fig. 1, impeller 48 within impeller housing 46, wherein impeller housing 48 is in fluid communication with auger housing 40); a motor assembly comprising an electric motor (Fig. 1; Paragraph 41, propulsion unit 28 may comprise an electric motor), the motor assembly operatively coupled to each of the auger and the impeller and configured to rotate each of the auger and the impeller about an auger axis and an impeller axis, respectively (Paragraph 41, auger 42 is rotationally driven about an axis perpendicular to the forward direction of movement and parallel to the ground; impeller 48 is rotationally driven about an axis perpendicular to the forward direction of movement and perpendicular to the ground); at least one sensor (Paragraph 72, control transmission 438 utilizes electronics such as sensors); and an electronic controller operatively coupled to each of the motor assembly and the sensor (Paragraph 72-73, control transmission 438 utilizes a processor as part of motor controller 462 alongside the sensors and motors 429 of propulsion unit 428 (analogous to propulsion unit 28)), the electronic controller configured to: monitor data provided by the sensor; and responsive to the data provided by the sensor, automatically adjust a parameter of the motor assembly (Paragraph 72, motor controller 462 responds to signals from sensors 460 to uniformly adjust the speed and/or direction of motors 429). Regarding Claim 16: Schmalz teaches of the apparatus described above in claim 14. Schmalz further teaches wherein the parameter comprises a speed of the electric motor (Paragraph 72, motor controller 462 responds to signals from sensors 460 to uniformly adjust the speed and/or direction of motors 429). 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. Claims 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Schmalz in view of Fukano et al as part of US 20200291590 A1, hereinafter referred to as Fukano. Regarding Claim 3: Schmalz teaches of the apparatus described above in claim 1. Schmalz does not teach wherein the sensor comprises 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; and responsive to the data provided by the sensor, automatically adjust a parameter of the electric motor, 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 substitute the generic sensors described by Schmalz with the specific angle detection sensor as a method of controlling an aspect of the electric motor taught by Fukano to create a device that automatically adjusts a parameter of the motor based on received sensor input (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 substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Additionally, Examiner notes that the modification to use an additional sensor for measuring include of the unit would be obvious so as to allow the unit to better maintain a set vehicle speed over changes in terrain (Abstract, Paragraph 0049). Regarding Claim 17: Schmalz teaches of the apparatus described above in claim 14. Schmalz does not teach wherein the sensor comprises 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; and responsive to the data provided by the sensor, automatically adjust a parameter of the electric motor, 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 substitute the generic sensors described by Schmalz with the specific angle detection sensor as a method of controlling an aspect of the electric motor taught by Fukano to create a device that automatically adjusts a parameter of the motor based on received sensor input (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 substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Additionally, Examiner notes that the modification to use an additional sensor for measuring include of the unit would be obvious so as to allow the unit to better maintain a set vehicle speed over changes in terrain (Abstract, Paragraph 0049). Claims 4, 10, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Schmalz in view of Yasuda et al as part of US 20190074788 A1, hereinafter referred to as Yasuda. Regarding Claim 4: Schmalz teaches of the apparatus described above in claim 1. Schmalz 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 a parameter 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 generic sensors taught by Schmalz with the specific current detecting sensors of Yasuda to create an apparatus capable of manipulating the output torque of the motor, and thus the rotational speed of the driven implement to which it is connected (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). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Regarding Claim 10: Schmalz teaches of the apparatus described above in claim 7. Schmalz 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 a parameter 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 generic sensors taught by Schmalz with the specific current detecting sensors of Yasuda to create an apparatus capable of manipulating the output torque of the motor, and thus the rotational speed of the driven implement to which it is connected (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). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Regarding Claim 18: Schmalz teaches of the apparatus described above in claim 14. Schmalz 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 a parameter 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 generic sensors taught by Schmalz with the specific current detecting sensors of Yasuda to create an apparatus capable of manipulating the output torque of the motor, and thus the rotational speed of the driven implement to which it is connected (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). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Claims 5-6 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Schmalz in view of Reddy et al as part of US 20220052633 A1, hereinafter referred to as Reddy. Regarding Claim 5: Schmalz teaches of the apparatus described above in claim 1. Schmalz 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 a parameter 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 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 substitute the generic sensors described by Schmalz with 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 substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Regarding Claim 6: Schmalz teaches of the apparatus described above in claim 1. Schmalz 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 a parameter 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 substitute the generic sensors described by Schmalz with 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 substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Regarding Claim 19: Schmalz teaches of the apparatus described above in claim 14. Schmalz 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 a parameter 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 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 substitute the generic sensors described by Schmalz with 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 substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Regarding Claim 20: Schmalz teaches of the apparatus described above in claim 14. Schmalz 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 a parameter 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 substitute the generic sensors described by Schmalz with 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 substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of creating a system to automatically adjust a parameter of the motor based on sensor (MPEP 2143, Subsection I, B). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Schmalz in view of Duchscherer et al as part of 20190264405 A1, hereinafter referred to as Duchscherer. Regarding Claim 15: Schmalz teaches of the apparatus described above in claim 14. Schmalz further teaches of a transmission apparatus 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 transmission (Schmalz: Paragraph 41, in one implementation, auger drive 44 comprises a transmission to operably couple the propulsion unit 28 and auger 42 to rotationally drive the auger). Schmalz does not give further details as to the composition of the transmission being specifically a gearbox. Duchscherer teaches of a snowthrower (Duchscherer: Fig. 1, snowthrower 100) comprising: an auger housing containing an auger therein (Duchscherer: Fig. 1, auger 160 is positioned within auger housing 130); an impeller housing in fluid communication with the auger housing, wherein the impeller housing contains an impeller therein (Duchscherer: Fig. 2, impeller housing 140 is coupled to auger housing 130 to form housing 110 and contains impeller 180 therewithin); and a motor assembly comprising an electric motor (Duchscherer: engine 104 may be an electric motor), the motor assembly operatively coupled to each of the auger and the impeller and configured to rotate each of the auger and the impeller about an auger axis and an impeller axis, respectively (Duchscherer: Paragraph 43, engine 104 is operatively coupled to impeller 180 and auger 160 to rotate them about an axis parallel to the longitudinal axis 101 and about the auger axis 161, respectively), 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 (Duchscherer: Paragraph 43/59, an auger gear box 176 transmits rotational motion from the engine 104 to the auger 160 about auger axis 161). It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the generically referred to transmission of Schmalz with the specified gearbox structure described by Duchscherer to create a method of transferring rotational energy between the electric motor assembly and the auger of the snowthrower (Duchscherer: Paragraph 43/59, an auger gear box 176 transmits rotational motion from the engine 104 to the auger 160 about auger axis 161). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of transferring rotational energy to rotate the auger and impeller of the apparatus (MPEP 2143, Subsection I, B). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Palicki et al as part of US 20170073916 A1 teaches of a snowthrower comprising an auger housing and an auger, an impeller housing and an impeller, a prime mover that may be an electric motor, at least one sensor, and an electrical controller coupled to the motor and the sensor to monitor the sensor data, and responsive to the data provided by the sensor, automatically adjust a parameter of the motor assembly. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN ANTHONY BREGEL whose telephone number is (571)272-0922. The examiner can normally be reached 8:30-5:30 Eastern, 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, Christopher J Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EVAN A BREGEL/Examiner, Art Unit 3671 /CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
Read full office action

Prosecution Timeline

Aug 23, 2023
Application Filed
Jan 05, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+40.7%)
3y 5m
Median Time to Grant
Low
PTA Risk
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