DETAILED ACTION
Receipt is acknowledged of the amendment filed on November 21, 2025, which has been fully considered in this action. Claims 1, 2, 7 and 9 are amended, claim 6 canceled and claim 21 newly added. Claims 1-5 and 7-21 remain in the application and an action as to the merits follows.
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 .
Election/Restrictions
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 17, 2025.
Applicant’s election without traverse of Group I, claims 1-5 and 7-12, in the reply filed on July 17, 2025 is acknowledged. Newly added claim 21 is also included in elected Group I.
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 1, 4, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Clay ‘397 in view of Speicher ‘055.
As to claim 1, Clay ‘397 discloses a self-propelled outdoor tool assembly 10, comprising a spreader hopper 15 defining an opening, see Fig. 2 and col. 2, lines 1-5; a broadcasting component 17; a shaft assembly including an axle 44, see instant application paragraph [0038] where it discloses that the axle 118 can be the shaft assembly 26, and a drive system comprising a motor 50 and a transmission 70, wherein the transmission comprises an input coupled to the motor, see col. 2, lines 59 and 60, (Transmission 70 is mounted at one end to plate 52 where it is coupled with motor 50) and col. 3, lines 2 and 3, (Drive shaft 71 extends from the top of transmission 70 to a coupling driven by motor 50); and an output coupled to the axle, see col. 2, lines 60-63, (The opposing end of transmission 70 holds drive shaft 72 which terminates in sprocket gear 73. Sprocket gear 73 engages chain 74 to drive axle gear 76 mounted on axle 44), except for a moveable shutter. Speicher ‘055 discloses a self-propelled outdoor tool assembly 10, comprising a spreader hopper 14 defining an opening 26; a broadcasting component 17; and a moveable shutter 50. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a moveable shutter in the apparatus of Clay ‘397, as taught by Speicher ‘055, since with such a modification movement of the shutter controls the effective size of the opening and consequently controlling the flow rate of material from the hopper. In addition, Clay ‘397 discloses a product feed control 26 on the frame 20 which would be capable of incorporating the moveable shutter of Speicher ‘055 to control the flow of material from the hopper. See Figures 1-5 and col. 2, line 48 through col. 4, line 22.
As to claim 4, see wheels 40/42, and handle 22 in Clay ‘397.
As to claim 7, wherein the transmission includes a clutch between the input and the output, see col. 3, lines 10-13, col. 3, lines 43-62 in Clay ‘397 and col. 3, line 63 to col. 4, line 3.
As to claim 8, see centrifugal clutch, col. 3, lines 34-42 in Clay ‘397.
As to claim 9, Clay ‘397 discloses a self-propelled outdoor tool assembly 10, comprising a spreader hopper 15 defining an opening, see Fig. 2 and col. 2, lines 1-5; a rotatable broadcasting component 17; a shaft assembly including an axle 44, see instant application paragraph [0038] where it discloses that the axle 118 can be the shaft assembly 26; a plurality of wheels 40/42 coupled to the axle 44; and a drive system, the drive system comprising a motor 50 and a transmission 70, wherein the drive system transmits power from the motor to the plurality of wheels, see col. 3, line 63 through col. 4, line 7, and wherein the transmission comprises an input coupled to the motor, see col. 2, lines 59 and 60, (Transmission 70 is mounted at one end to plate 52 where it is coupled with motor 50) and col. 3, lines 2 and 3, (Drive shaft 71 extends from the top of transmission 70 to a coupling driven by motor 50); and an output coupled to the axle, see col. 2, lines 60-63, (The opposing end of transmission 70 holds drive shaft 72 which terminates in sprocket gear 73. Sprocket gear 73 engages chain 74 to drive axle gear 76 mounted on axle 44), except for a moveable shutter, the moveable shutter moveable to selectively provide access through the opening. See Figures 1-5 and col. 2, line 48 through col. 4, line 22. Speicher ‘055 discloses a self-propelled outdoor tool assembly 10, comprising a spreader hopper 14 defining an opening 26; a broadcasting component 17; and a moveable shutter 50 to selectively provide access through the opening. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a moveable shutter to selectively provide access through the opening in the apparatus of Clay ‘397, as taught by Speicher ‘055, since with such a modification movement of the shutter controls the effective size of the opening and consequently controlling the flow rate of material from the hopper. In addition, Clay ‘397 discloses a product feed control 26 on the frame 20 which would be capable of incorporating the moveable shutter of Speicher ‘055 to selectively provide access through the opening and control the flow of material from the hopper.
Claim(s) 2, 3, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Clay ‘397 in view of Speicher ‘055 as applied to claims 1 and 9 above, and further in view of LeFebvre et al ‘724.
As to claims 2, 3, 10, and 11, Clay ‘397, as modified by Speicher ‘055, discloses all the featured elements of the instant invention, note frame/base 20 which the hopper 15 is mounted to in Clay ‘397, except wherein the spreader hopper is removably connectable to the base and comprises a toolless connection between the spreader hopper and the base. LeFebvre et al ‘724 discloses an outdoor tool assembly 10 comprising a base 46/76 and wherein the spreader hopper 20 is removably connectable to the base and comprises a toolless connection 29/54 between the spreader hopper and the base, see Figures 3 and 4 and paragraphs [0058-0060, 0087-0088]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the spreader hopper removably connectable to the base and comprises a toolless connection between the spreader hopper and the base in the apparatus of Clay ‘397, as modified by Speicher ‘055, as taught by LeFebvre et al ‘724, since with such a modification the hopper can be detached from the base momentarily, for example to fill the hopper with particulate material, therefore, such momentary detachment of the hopper from the base, allows the hopper to be laid on the ground during filling thereof, thereby minimizing the risks of tipping of the particulate material spreader/ outdoor tool assembly during such operation.
Claim(s) 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Clay ‘397 in view of Speicher ‘055 as applied to claims 1 and 9 above, and further in view of Falconer ‘464.
As to claims 5 and 12, Clay ‘397, as modified by Speicher ‘055, discloses all the featured elements of the instant invention, a power supply col. 3, lines 34-42, see Clay ‘397, except wherein the power supply is a battery. Falconer ‘464 discloses a self-propelled outdoor tool assembly 10 comprising a power supply 10 comprising a rechargeable battery 11. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the power supply is a battery in the apparatus of Clay ‘397, as modified by Speicher ‘055, as taught by Falconer ‘464, since with such a modification it will be easier to meet states which have strict specifications on emissions for power equipment by replacing the gas engine power supply with a rechargeable battery power supply.
Allowable Subject Matter
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed November 21, 2025 have been fully considered but they are not persuasive. In response to applicant’s arguments that the office action alleges that the axle 44 of Clay ‘397 constitutes the shaft assembly, note that the axle can constitute the shaft assembly as positively recited in the instant application in paragraph [0038], where it discloses that the axle 118 can be the shaft assembly 26. In regard to applicant’s arguments that Clay ‘397 fails to describe or suggest, at least, “the transmission comprises an input coupled to the motor and an output coupled to the axle”, note that the term coupled is a broad, functional recitation and does not require the transmission to be directly connected to the motor or the axle, but can have other elements between the transmission and the motor and axle and the transmission will still be coupled to the motor and axle. Therefore, as positively recited in Clay ‘397 the transmission input is coupled to the motor, i.e. see col. 2, lines 59 and 60, the transmission 70 is mounted at one end to plate 52 where it is coupled with motor 50 and col. 3, lines 2 and 3, drive shaft 71 extends from the top of transmission 70 to a coupling driven by motor 50. Also, as positively recited in Clay ‘397, the transmission output is coupled to the axle, i.e. see col. 2, lines 60-63, the opposing end of transmission 70 holds drive shaft 72 which terminates in sprocket gear 73. Sprocket gear 73 engages chain 74 to drive axle gear 76 mounted on axle 44. Therefore, the transmission 70 via its driveshaft 72 and sprocket gear 73 is coupled to the axle 44 via the drive axle gear on the axle 44 by the chain 74.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/Primary Examiner, Art Unit 3752