DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-8, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Marshall et al. (Pub. No.: 2001/0000881; hereinafter Marshall) in view of Harvey et al. (Pat. No.: 10,595,460; hereinafter Harvey).
Regarding independent claim 1, Marshall discloses a motor-driven machine (10) for working the ground or soil especially comprising:
a grip (14) for gripping said machine located at a first end of said machine;
a tool head (16) mounted at a second end of said machine, opposite to the first end, said head carrying at least two tools (See Fig. 30 for the at least two tools 46 carried by the head 16);
a body connecting the first and second ends (as seen in Fig. 1); and
a rotatable drive element (18) which rotatably drives said tools (46) along counter-rotating directions about distinct parallel axes of rotation (See para. [0055] where it discloses “the tool 10 may also drive two cooperating implements such as side-by-side tillers 46. One tiller is driven in a clockwise direction and the second tiller is driven in a counterclockwise direction” i.e., counter-rotating directions as claimed), the axes of rotation of the tools extending, when the machine is configured for use, in parallel planes substantially perpendicular to a surface of the earth or ground,
said at least two tools (46) each comprising claws (37) with a round cross-section and curved shape (See Fig. 30 where the claws 37 are depicted with a round-cross section and curved shape), and
Marshall fails to disclose said tool head carrying a safety bar movable between at least one safety position in which the rotatable drive element is deactivated and a work position in which the rotatable drive element is activated.
Like Marshall, Harvey also discloses a power-driven machine for working the ground or soil (100). Unlike Marshall, Harvey discloses a tool head (120) with a safety bar (114) that is rotatably driven by a rotatable drive element (152 of the power transmitting and user control system 150, See col. 6, lns. 27-44 for general disclosure of the power transmitting system 150 and drive shaft 152). More specifically, Harvey teaches that the safety bar (114) is movable between at least one safety position (See position of safety bar 114 in Fig. 6A, this position corresponds to the claimed safety position where the tool head 120 is uncovered) in which the rotatable drive element is deactivated and a work position (See position of safety bar 114 in Figs. 2A-2B, this position corresponds to the claimed work position where the tool head 120 is concealed) in which the rotatable drive element is activated (See col. 8, lns. 47-57 where it discloses “the engine cannot operate if the cutting reel is uncovered” i.e., the rotatable drive element is deactivated when the safety bar is in the position depicted in Fig. 6A, and the rotatable drive element is activated when the safety bar is in the position depicted in Fig. 2A).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the machine of Marshall to include the safety bar of Harvey, in order to provide a machine with improved safety (See col. 8, lns. 47-57 where it discloses the functionality described above is a “safety feature”).
Regarding claim 3, the combination discloses the machine of claim 1. Marshall, of the combination, also discloses wherein the rotatable drive element (18) is located at the second end of the machine (See para. [0052] where it discloses that element 18 is within the tool head 16, See Fig. 1 where tool head 16 is depicted at the second end of the machine).
Regarding claim 4, the combination discloses the machine of claim 1. Marshall, of the combination, also discloses wherein the rotatable drive element (18) comprises at least two electric motor reducers (31, See element 31 in Fig. 20), each connected to rotatably drive one of said at least two tools (46, See para. [0053] where it discloses the output shaft 31 transmits force to the tools, See Fig. 30 which depicts an output shaft for each tool 46).
Regarding claim 5, the combination discloses the machine of claim 1. Marshall, of the combination, also discloses wherein the rotatable drive element (18) comprises a single electric motor reducer (22, See element 22 in Fig. 3) connected to rotatably drive said at least two tools (46, See para. [0053] where it discloses element 22 is “connected in a cascade or stacked manner in such a manner as to significantly reduce the speed of the sets of gears from the speed of the motor, See Fig. 30 which depicts only one motor and therefore only a single electric motor reducer for both tools 46).
Regarding claim 6, the combination discloses the machine of claim 1. Marshall, of the combination, also discloses wherein the rotatable drive element (18) comprises at least one motor transducer (element 18 is disclosed as an electric motor in para. [0052], a motor is a type of transducer) and each tool (46) comprises one or more elements (i.e., claws 37 as recited in claim 1 and discussed above) for working the ground or soil integral with a first stage (42) reversibly mounted (via bolts 38 and apertures 44, Figs. 17-19 show the mounting sequence) to a second stage (40, elements 40 and 42 depicted in Figs. 30-31) connected (operably) to the at least one motor reducer (18).
Regarding claim 7, the combination discloses the machine of claim 1. Marshall, of the combination, also discloses wherein the rotatable drive element is configured to rotate the at least two tools at a speed of between 30 revolutions/minute and 60 revolutions/minute (See para. [0053]). Although this disclosed range slightly differs from the claimed range of 25 and 75 revolutions/minute, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to contrive any number of desirable ranges for the speed limitation disclosed/claimed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, the combination discloses the machine of claim 1. Marshall, of the combination, also discloses wherein the machine is powered by a rechargeable electric battery (48, as disclosed in para. [0058]).
Regarding claim 10, the combination discloses the machine of claim 1. Marshall, of the combination, also discloses wherein the grip (14) comprises a gripping handle (14) located at the first end of said body (as seen in Fig. 1) and a holding handle (54) located between the first and second ends of said body (as seen in Fig. 1).
Regarding claim 12, the combination discloses the machine of claim 1. Marshall, of the combination, also discloses wherein the machine is of a walk-behind type of machine (the operator will walk behind the machine in use).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Marshall in view of Harvey and further in view of Hummelgard (Pat. No.: 1,500,132)
Regarding claim 2, the combination discloses the machine of claim 1. Like the combination, Hummelgard discloses a device for working the ground or soil comprising a tool head (17). Unlike the combination, Hummelgard discloses wherein the tool head (17) is hingedly mounted to the body by an orientation element (14, See Fig. 3 or Fig. 4), so as to be able to orientate the tool head (17) in a plurality of positions for working the earth or ground (plurality of positions depicted in Fig. 2). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool head of the combination, to include the orientation element of Hummelgard, in order to provide a tool that is “adjustable to any desired angle” (See second and third paragraphs of the left column on pg. 1).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Marshall in view of Harvey and further in view of Thompson (Pat. No.: 1,407,237).
Regarding claim 11, the combination discloses the machine of claim 1. Like the combination, Thompson discloses a device for working the ground or soil comprising a tool head (2). Unlike the combination, Thompson discloses wherein the body of the device has a hinge (6) enabling the machine to be folded (disclosed in pg. 1, lns. 57-65). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the body of the combination to include the hinge of Thompson, in order to provide a means of storing the device in a compact manner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zuccarello et al. (Pub. No.: 2008/0029279) discloses a similar ground working tool with a drive motor. Ortiz (Pub. No.: 2007/0169949) discloses a combination garden tiller and sprinkler head grass trimmer. Lephart (Pub. No.: 2006/0070753) discloses a similar hand-held tiller device. Sasnoka (Pat. No.: 6,920,939) discloses a walk-behind electric cultivation machine. Holmstadt (Pat. No.: 4,293,041) discloses a power cultivator with a debris excluding barrier and scraper.
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/A.L.L./Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671