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 .
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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.
Claim(s) 1, 3-4, 7-9, 12, 13 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clay (6,142,397) in view of Barendrecht (9,759,300)
Regarding claim 1, Clay shows a spreader for distributing a material (10), the spreader comprising: a hopper assembly (15) defining a receiving area configured to hold the material, the hopper assembly comprising one or more dispersion outlets (inherently at the bottom of 15) for releasing the material from the receiving area; a distribution element (17) disposed below the one or more dispersion outlets; a frame (36) supporting the hopper assembly; a handle assembly (22) connected to the frame; a plurality of wheels (40, 42) operatively connected to the frame for traversing the spreader; and a drive assembly (60, 50, 70) comprising a motor (50) operable to drive one or more of the plurality of wheels, a transmission axle (72) operably connecting the motor to at least a first wheel (the axle 72 is operatively connected to the right wheel by the gear 78, chain, 74 and axel 44), the transmission axle incudes a motor gear (73); and a wheel axle (44) extending between the first wheel and the second wheel (fig 3), operably connecting the first wheel to the distribution element (fig 3), wherein the plurality of wheels can be manually rotated without being driven by the motor (col 3, lines 35-41), and wherein rotation of the wheels causes the distribution element to rotate (fig 4).
But fails to disclose that the motor gear is directly connecting the transmission axle to the first wheel.
Barendrecht teaches drive system where a drive gear (25) that is directly connecting a transmission axle (6a) to the first wheel (7a).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field replace the gear and chain drive system of Clay with a direct drive system of Barendrecht, and have the motor gear directly connecting the transmission axle to the first wheel in order to eliminate wear parts and maintenance costs.
Regarding claim 3, further comprising a spinner axle (62) operably connected to the wheel axle via a spinner gear assembly (45, 64), and wherein the distribution element is fixedly connected to the spinner axle such that rotation of the first wheel causes the distribution element to rotate (fig 5).
Regarding claim 4, wherein the spinner axle is substantially orthogonal with the wheel axle (fig 5).
Regarding claim 7, further comprising a clutch operably disposed between the motor and the first wheel (col 3, lines 35-41).
Regarding claim 8, wherein the clutch comprises a centrifugal clutch that selectively transfers rotational power from the motor to the first wheel when a threshold force is obtained (col 3, lines 35-41).
Regarding claim 9 Clay as modified above, shows all aspects of the applicant’s invention as in claim 1, including a clutch operably connected to the motor (col 3, lines 35-41), wherein the transmission axle comprises a first transmission axle (72) extending from the clutch to the first wheel
But fails to disclose a second transmission axle extending from the clutch to a second wheel.
Barendrecht teaches a transmission including a transmission axle, the transmission axle comprises a first transmission axle (6a) extending from the clutch to the first wheel, and a second transmission axle (6b) extending from the clutch to a second wheel.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use two transmission axels, one for each wheel, in order to power each wheel individually.
Regarding claim 12, further comprising a controller (26, 24) configured to control one or more operational parameters of the spreader.
Regarding claim 13, wherein the one or more operational parameters comprise a power state of the spreader, a speed of the spreader (24), or a material distribution amount of the spreader (26).
Regarding claim 22, wherein the first wheel comprises a hub including a wheel gear (Barendrecht); and the motor gear is operably coupled to the wheel gear such that rotation of the motor gear via the transmission axle causes the wheel gear to rotate the first wheel (Barendrecht).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clay (6,142,397) as modified by Barendrecht (9,759,300) above, further in view of Horeth et al. (10,736,263)
Regarding claim 6 Clay as modified above, shows all aspects of the applicant’s invention as in claim 2, including wherein the wheel axle is fixedly connected to the first wheel,
But fails to disclose that the wheel axel is rotatably connected to the second wheel.
Horeth et al teaches a similar device where both wheels are rotatably connected to the axel (col 2, lines 9-15)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to rotatably mount the second wheel to the axel in order to have the first and second wheels rotate at different rates to allow for turning the device.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clay (6,142,397) as modified by Barendrecht (9,759,300) above, further in view of Falconer (10,779,464).
Regarding claim 10, Clay as modified above, shows all aspects of the applicant’s invention as in claim 4, but fails to disclose wherein the motor comprises an electric motor.
However, Falconer teaches a self-propelled spreader that is operated by an electric motor (8).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to replace the gas motor of Clay as modified above, with the electric motor of Falconer, in order to make the spreader more environmentally friendly and quieter.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clay (6,142,397) as modified by Barendrecht (9,759,300) above in view of O’Brien et al. (2022/0243412).
Regarding claims 10 and 11, Clay shows all aspects of the applicant’s invention as in claim 4, but fails to teach an electric motor and a battery receiving compartment configured to selectively receive a battery for powering the electric motor.
O’Brien et al teaches an electric, self-propelled, walk behind device that includes a battery receiving compartment (274) configured to selectively receive a battery (148) for powering the electric motor, wherein the battery receiving compartment is mounted to the frame (fig 3).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to make the motor of Clay as modified above, an electric motor, to use the battery receiving compartment of O’Brien et al. to house the battery for the motor, and have the battery receiving compartment be located on the frame, in order make the spreader more environmentally friendly, quieter and to better protect the battery.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clay (6,142,397) as modified by Barendrecht (9,759,300) and by Falconer (10,779,464) above, further in view of Jimenez et al. (12,274,196)
Regarding claims 14 and 15, Clay as modified above, shows all aspects of the applicant’s invention as in claim 12, but fails to teach one or more sensors, wherein the controller controls the one or more operational parameters based on feedback from the one or more sensors, wherein the one or more sensors comprise an inertial motion unit, an accelerometer, a gyroscope, a tilt sensor, or a speed sensor.
Jimenez et al. teaches a walk behind spreader with a speed control sensor and a controller that controls the one or more operational parameters based on feedback from the speed sensor (col 11, lines 19-21))
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to add the speed sensor and controller of Jimenez et al. to the spreader of Clay as modified above, in order to control the speed of the spreader.
Claim(s) 16-19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clay (6,142,397) in view of O’Brien et al. (2022/0243412) and Barendrecht (9,759,300).
Regarding claim 16, Clay shows a spreader for distributing a material (10), the spreader comprising: a hopper assembly (15) defining a receiving area configured to hold the material, the hopper assembly comprising one or more dispersion outlets (inherently at the bottom of 15) for releasing the material from the receiving area; a distribution element (17) disposed below the one or more dispersion outlets; a frame (36) supporting the hopper assembly; a handle assembly (22) connected to the frame; a plurality of wheels (40, 42) operatively connected to the frame for traversing the spreader, and a drive assembly (fig 3, 60, 50, 70) comprising a motor (50) operable to drive one or more of the plurality of wheels, a transmission axle (72) operably connecting the motor to at least a first wheel (the axle 72 is operatively connected to the right wheel by the gear 78, chain, 74 and axel 44), the transmission axle incudes a motor gear (73); and a wheel axle (44) extending between the first wheel and the second wheel (fig 3), operably connecting the first wheel to the distribution element (fig 3) and the second wheel (fig 3)
But fails to disclose a battery receiving compartment configured to selectively receive a battery for powering the motor, wherein the battery receiving compartment is mounted to the frame.
O’Brien et al teaches an electric, self-propelled, walk behind device that is powered by an eclectic motor and includes a battery receiving compartment (274) configured to selectively receive a battery (148) for powering the motor, wherein the battery receiving compartment is mounted to the frame (fig 3).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to make the device of Clay battery operated and use the battery receiving compartment of O’Brien et al. to house the battery, with the battery being it be located on frame 21, in order to provide an environmentally friendly device while also protecting the battery.
The above combination still fails to disclose that the motor gear is directly connecting the transmission axle to the first wheel.
Barendrecht teaches drive system where a drive gear (25) that is directly connecting a transmission axle (6a) to the first wheel (7a).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field replace the gear and chain drive system of Clay with a direct drive system of Barendrecht, and have the motor gear directly connecting the transmission axle to the first wheel in order to eliminate wear parts and maintenance costs.
Regarding claim 17, wherein the battery receiving compartment has no direct connection to the hopper assembly (fig 2 of Falconer shows 21 not directly connected to 2).
Regarding claim 18, wherein the battery receiving compartment is disposed between the hopper assembly and the handle assembly (that is where 21 is in Falconer, fig 3).
Regarding claim 19, wherein the battery receiving compartment comprises a battery lid (150) configured to transition between an open position and a closed position.
Regarding claim 21, further comprising one or more springs (302) disposed inside the battery receiving compartment, wherein the one or more springs are configured to be compressed when a battery is installed in the battery receiving compartment.
Response to Arguments
Applicant's arguments filed 7/17/2026 have been fully considered but they are not persuasive.
The applicant argues that the above combination would require substantial reconstruction of Clay and change the principal of operation of Clay.
The examiner respectfully disagrees. The above combination simply replaces a known driveline for a walk behind/ push lawn care vehicle with a different known driveline for a walk behind/ push lawn care vehicle. Replacing a chain and sprocket driveline similar to that of Clay with a direct drive system similar to that of Barendrecht is a simple substitution of known drivelines. Yes, there will be some reconstruction Clay in the above modification, but nothing one of ordinary skill in the art would not know how to perform.
The about modification would entirely not change the principal of operation of Clay since the combination simply replace the chain and sprocket with a direct drive system. Clay would still function as disclosed.
The above rejections are being maintained.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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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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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 7/28/2026
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