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 § 112
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 1-10 are 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.
Regarding method of claim 1: in claim 1, line 3, applicant states "…removing and modifying a front caster wheel assembly…". It is unclear as to how the "removing" of the front caster wheel is achieved. It appears that during the operation of the method that the front caster wheel assembly is simply renamed and not removed and therein rendering the claimed subject matter vague.
Claims 2-10 are rejected based on their claimed dependencies.
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, 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kucera et al. (US 20220379781 A1) in view of Garvey et al. (US 20090182470 A1) and Wouw (US 20060230734 A1).
Regarding claim 1, Kucera teaches a method of converting a self-propelled rear driven zero turn lawn care equipment (100) for use with front mounted power attachments (40) comprises the steps of,
a. removing and modifying a front caster wheel assembly to a rear caster wheel assembly, (See Kucera annotated Fig. 3 and 10 below)
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relocating rear operator controls to front the lawn care equipment, (See Kucera [0046], lines 11-20)
providing an operator’s platform (1104) and a support cushion on the front of the lawn care equipment, (See Kucera annotated Fig. 11 below)
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positioning a front equipment mounting (1002) attachment to the rear of said lawn care equipment (1100).
Kucera fails to teach positioning an auxiliary hydraulic pump and valve assembly on said lawn care equipment and said power take-off assembly.
Garvey teaches positioning an auxiliary hydraulic pump (1350; Garvey [0061]) and valve assembly (1370) on said lawn care equipment (10).
(Note: the claim recites an "auxiliary hydraulic pump and valve assembly." However, Garvey clearly teaches a hydraulic system that "includes one or more hydraulic pumps 1350" (Garvey [0061]), which reasonably encompasses an auxiliary hydraulic pump because the system is not limited to a single primary pump. Additionally, Garvey discloses a valve block 1370 that receives hydraulic fluid from the pump and controls hydraulic flow to multiple actuators (Garvey [0062]), which corresponds to the claimed valve assembly. The reference need not use the identical terminology as the claim (MPEP §2111) so long as it discloses the structure and functional capabilities that meet the claimed limitation.)
Garvey states, "FIG. 7 schematically illustrates a simplified diagram of the hydraulic system 250, which includes one or more hydraulic pumps 1350 that are driven by the prime mover 240 to create a flow of hydraulic fluid. The hydraulic system is a hydrostatic drive system, and includes left and right hydraulic motors 1360 that are associated with the respective left and right front wheels 220 of the tractor 20. Each hydraulic motor 1360 drives rotation of the associated front wheels 220, at a speed and direction of rotation determined by the speed and direction or rotation of the motor 1360. In one embodiment, the left and right control sticks 280 are attached to swash plates in the respective left and right motors 1360 to control the speed and direction of rotation of the motors 1360 and wheels 220." (Garvey [0061])
Garvey also states, "The hydraulic system 250 includes a valve block 1370 that receives hydraulic fluid from the right pump 1360. The valve block 1370 controls hydraulic fluid flow to the deck lift actuator 430 and the weight transfer actuator 610 in response to manipulation of respective deck lift and weight transfer switches in the operator zone 260 (e.g., on the control panel 290 or on the control sticks 280)." (Garvey [0062])
Wouw teaches said power take-off assembly (twin belt mule drive).
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It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with the hydraulic pump and valve block as disclosed by Garvey in order to increase the hydraulic capacity of the equipment and improve the efficiency and reliability of operating auxiliary attachments
It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with said power take-off assemblies as disclosed by Wouw, in order to improve belt routing efficiency and increase power-transfer reliability for a front-mounted mowing deck.
Regarding claim 2, Kucera teaches the method of converting a self-propelled rear drive zero turn lawn care equipment set forth in claim 1 and said lawn care equipment comprises, mounting a custom mounting bracket (1102) to a front frame portion of said lawn equipment (1100). (See Kucera annotated Fig. 11 below)
(Note: Regarding claims 2 and 3, the steps recited regarding "mounting a custom bracket..." do not specifically require the "custom" bracket to be directly connected to the pump and valve, nor do they require specific structure for mounting a pump and valve. Accordingly, the claims are not so limited as to require a bracket directly connected to a pump and/or valve nor do the claims require a specific bracket that is specifically adapted or configured to attach a pump and/or valve. Similarly, the phrase "custom" is a matter of nomenclature and/or intended use and does not limit the structure of the bracket. In this regard, under the broadest reasonable interpretation any item is at least "custom" for some specific purpose / application of use).
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Kucera fails to teach positioning an auxiliary hydraulic pump and valve assembly on said lawn care equipment.
Garvey teaches positioning an auxiliary hydraulic pump (1350; Garvey [0061]) and valve assembly (1370) on said lawn care equipment (10).
(Note: the claim recites an "auxiliary hydraulic pump and valve assembly." However, Garvey clearly teaches a hydraulic system that "includes one or more hydraulic pumps 1350" (Garvey [0061]), which reasonably encompasses an auxiliary hydraulic pump because the system is not limited to a single primary pump. Additionally, Garvey discloses a valve block 1370 that receives hydraulic fluid from the pump and controls hydraulic flow to multiple actuators (Garvey [0062]), which corresponds to the claimed valve assembly. The reference need not use the identical terminology as the claim (MPEP §2111) so long as it discloses the structure and functional capabilities that meet the claimed limitation.)
Garvey states, "FIG. 7 schematically illustrates a simplified diagram of the hydraulic system 250, which includes one or more hydraulic pumps 1350 that are driven by the prime mover 240 to create a flow of hydraulic fluid. The hydraulic system is a hydrostatic drive system, and includes left and right hydraulic motors 1360 that are associated with the respective left and right front wheels 220 of the tractor 20. Each hydraulic motor 1360 drives rotation of the associated front wheels 220, at a speed and direction of rotation determined by the speed and direction or rotation of the motor 1360. In one embodiment, the left and right control sticks 280 are attached to swash plates in the respective left and right motors 1360 to control the speed and direction of rotation of the motors 1360 and wheels 220." (Garvey [0061])
Garvey also states, "The hydraulic system 250 includes a valve block 1370 that receives hydraulic fluid from the right pump 1360. The valve block 1370 controls hydraulic fluid flow to the deck lift actuator 430 and the weight transfer actuator 610 in response to manipulation of respective deck lift and weight transfer switches in the operator zone 260 (e.g., on the control panel 290 or on the control sticks 280)." (Garvey [0062])
It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with the hydraulic pump and valve block as disclosed by Garvey in order to increase the hydraulic capacity of the equipment and improve the efficiency and reliability of operating auxiliary attachments.
Regarding claim 3, The method of converting set forth in claim 2 wherein said custom mounting bracket (1102) comprises,
a pair of frame support members with a pair of cross members, and pairs of saddle frame engagement mounting said support members to said lawn care equipment frame. (See Kucera annotated Fig. 11 below)
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Regarding claim 5, Kucera teaches the method of converting set forth in claim 1 wherein relocating operator controls (104) comprises,
(Note: mower controls 104 between a seated operator hand position are referenced as numerals 104 and 404 and standing operator hand position are referenced as reference numbers 204 and 304)
mounting a remote-control configuration frame (106),
control rods (See Kucera annotated Fig. 3 below) extending from said remote control (204) configuration frame to lawn equipment operator rear controls (See Kucera annotated Fig. 3 below).
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Regarding claim 6, Kucera teaches the method of converting set forth in claim 1, front equipment mounting (1002), and frame assembly. (See Kucera annotated Fig. 11 below)
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Kucera fails to teach wherein said front equipment mounting and power take-off assembly comprises, power attachment arms extending therefrom, a power take-off dual pulley frame assembly secured thereto.
Garvey teach wherein said front equipment mounting assembly (410) comprises, a vehicle frame mounting bracket (870), power attachment arms (630) extending therefrom. (See Garvey annotated Fig. 2 below)
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Wouw teaches said power take-off assembly (twin belt mule drive) comprises a power take-off dual pulley frame assembly (102) secured thereto.
(Note: Wouw discloses that the pulleys are supported on or mounted to the top surface of the front equipment, which serves as a structural frame for the pulley assembly to a dual pulley frame assembly)
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It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with said front equipment mounting assembly, a vehicle frame mounting bracket, and power attachment arms as disclosed by Garvey in order to increase structural support for front implements and improve load distribution on the frame.
It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with said power take-off assembly as disclosed by Wouw, in order to improve belt routing efficiency and increase power-transfer reliability for a front-mounted mowing deck.
Regarding claim 7, Kucera teaches the method of converting set forth in claim 1.
Kucera fails to teach wherein said front equipment mounting further comprises, a hydraulic attachment lift cylinder extending from said main frame of the lawn care vehicle to said frame.
Garvey teaches wherein said front equipment mounting (410) further comprises, a hydraulic attachment lift cylinder (480) extending from said main frame of the lawn care vehicle to said frame.
Garvey states, "The cylinder 480 is pivotably mounted to a portion of the weight transfer assembly 60 with a pin, bolt, or other fastener 500 and the rod 490 is connected to the deck lift linkage 440. " (Garvey [0029] and annotated Fig. 1 below)
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Wouw teaches a power take-off assemblies further comprises, power take-off dual pulley frame (102). (See Wouw annotated Fig. 1 below)
(Note: Wouw discloses that the pulleys are supported on or mounted to the top surface of the front equipment, which serves as a structural frame for the pulley assembly to a dual pulley frame assembly)
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It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with said front equipment mounting assembly, said vehicle frame mounting bracket, and power attachment arms as disclosed by Garvey in order to increase structural support for front implements and improve load distribution on the frame.
It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with said power take-off assemblies as disclosed by Wouw, in order to improve belt routing efficiency and increase power-transfer reliability for a front-mounted mowing deck.
Regarding claim 8, Kucera teaches The method of converting set forth in claim 1 wherein modifying said front caster wheel assemblies (1006) comprises,
positioning and attaching L-shaped upstanding support extensions thereto. (See Kucera annotated Fig. 5C and 11 below)
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Regarding claim 9, Kucera teaches the method of converting set forth in claim 1 wherein said rear operator controls (1102) further comprises, engine throttle and hydraulic control valves. (See Kucera [0044])
Regarding claim 10, Kucera teaches the method of converting set forth in claim 6.
Kucera fails to disclose wherein said dual pulley frame comprises, drive pulleys for rotational power transfer to said front power attachments.
Wouw teaches wherein said dual pulley frame (102) comprises, drive pulleys (113, 114) for rotational power transfer to said front power attachments (100).
Wouw states "In one embodiment, two separated mule drives may be provided, both mule drives driven by the same drive shaft or PTO behind the mower deck. The drive shaft or PTO may have a pair of drive sheaves 113, 114 mounted thereto. Drive sheave 114 may engage the first or lower belt 108, and drive sheave 113 may engage the second or upper belt 109." (See Wouw [0012] and annotated Fig. 1 below)
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It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with said front equipment mounting assembly, a vehicle frame mounting bracket, and power attachment arms as disclosed by Garvey in order to increase structural support for front implements and improve load distribution on the frame.
It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera with said dual pulley frame and drive pulleys as disclosed by Wouw, in order to improve belt routing efficiency and increase power-transfer reliability for a front-mounted mowing deck.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kucera et al. (US 20220379781 A1) in view of Garvey et al. (US 20090182470 A1) and Wouw (US 20060230734 A1) as applied to claim 1 above, and further in view of Iwaki et al. (US 20070245726 A1).
Regarding claim 4, Kucera in view of Garvey and Wouw teaches the method of converting a self-propelled rear drive zero turn lawn care equipment set forth in claim 1.
Kucera in view of Garvey and Wouw fails to teach wherein said positioning an auxiliary hydrostatic pump and valve assembly on the lawn equipment further comprises, mounting a hydrostatic gear pump directly to hydrostatic drive wheel pumps.
(Note: although Iwaki discloses a single rear transaxle (9) including one main hydrostatic drive pump (21), the disclosure is nonetheless deemed to correspond to "a hydrostatic drive-wheel pump" as recited in claim 4. The plural language "drive-wheel pumps" in the claim is interpreted as referring to the type of component employed on each of the two hydrostatic drive units commonly found in zero-turn mowers (left and right hand units). In the cited reference, the main hydraulic pump (21) performs the same drive-wheel function for the rear transaxle, and the auxiliary gear pump (35) is mounted directly and coaxially to the same input shaft (29) as the main pump (21). Therefore, even though Iwaki illustrates only a single hydrostatic drive pump, it would have been obvious to a person skilled in the art to apply the same coaxial auxiliary-pump mounting arrangement to wither or both hydrostatic drive-wheel pumps of a dual zero-turn configuration.)
Iwaki teaches wherein said positioning an auxiliary hydrostatic pump (35) and valve assembly (75) on the lawn equipment further comprises, mounting a hydrostatic gear pump (35) directly to hydrostatic drive wheel pumps.
Iwaki states, "Lift cylinder 19 for rotating lift arms 20 attached on rear transaxle 9 is supplied with fluid delivered from auxiliary pump 35 through a fluid passage 74 and a lift control valve 75. Fluid drained from lift control valve 75 is returned to fluid sump 67 in casing 3 of rear transaxle 9 through a fluid passage 77, a fluid cooler 66, a fluid passage 76 and a port 63 provided on casing 3." ([0047])
Iwaki also states, "Input shaft 29 of rear transaxle 9 receives power from engine 14 to drive hydraulic pump 21. A charge pump 34 and an auxiliary pump 35 are coaxially and drivingly connected to input shaft 29 so as to be driven together with hydraulic pump 21. For example, a circumscribed gear pump or a trochoidal pump serves as each of charge pump 34 and auxiliary pump 35." ([0042])
It 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, with a
reasonable expectation of success, to have modified the self-propelled rear driven zero turn lawn care equipment as taught by Kucera in view of Garvey and Wouw with said auxiliary hydrostatic pump, valve assembly, and hydrostatic gear pump as disclosed by Iwaki in order to improve hydraulic efficiency, reduce mechanical losses, and provide predictable and synchronized auxiliary hydraulic flow for powering additional implements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE ANTONIO MARTINEZ whose telephone number is (571)272-5896. The examiner can normally be reached M-F 7-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at (571)272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOSE ANTONIO. MARTINEZ
Examiner
Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671