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 3, 4 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.
Claim 3 recites the limitation "a plurality of stepped portions" in lines 2-3. However, it is not clear if this is the same component as “a plurality of stepped portions” set forth in claim 1 line 13. Specifically, it is unclear if these components are one and the same, or two different stepped portions altogether.
Claim 4 recites the limitation "a latch groove" in lines 2-3. However, it is not clear if this is the same component as “a latch groove” set forth in claim 1. Specifically, it is unclear if these components are one and the same, or two different stepped portions altogether.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reichard (US 10645873 B2).
Regarding claim 1, Reichard discloses a riding-type mowing apparatus (a grass mower) having a height adjustment part of a mower unit (4), in which the mower unit is disposed below a body frame (2) to mow grass through a blade (col. 5 lines 32-34) mounted in the mower unit and a driver seat (11) is provided on the body frame, the riding- type mowing apparatus comprising:
a lower limit adjustment lever (62) provided at a position in which a user sitting in the driver seat is able to reach the position by extending an arm of the user (see fig. 4);
a lever connection bar (50) coupled to a lower portion of the lower limit adjustment lever and extending in a linear shape;
a lower limit adjustment step (7) configured to rotate together with the lever connection bar and to adjust a lift-down height of the mower unit using the lower limit adjustment lever when the mower unit is lifted down toward a ground;
wherein the lower limit adjustment step has a cylindrical shape (see fig. 7), and wherein a lower surface of the lower limit adjustment step is formed with a plurality of stepped portions (70) having different distances from the ground;
a first front deck link (43) coupled to a front upper surface of the mower unit; a second front deck link (54) coupled to the first front deck link and the body frame;
a first rear deck link (44) coupled to a rear upper surface of the mower unit; a second rear deck link (55L, 81, 82) coupled to the first rear deck link and the body frame; and
a protruding latch part (8) formed at an end portion side of the second rear deck link to have a shape protruding upward with a predetermined thickness, and configured to make contact with a lower surface of the lower limit adjustment step (7) when the mower unit is lifted down, wherein the protruding latch part is a portion formed on an upper surface of the second rear deck link (see fig. 6-8), and includes a latch groove (not numbered, see fig. 8) having a predetermined depth and a latch protrusion (80) protruding at a predetermined height, and wherein the protruding latch part does not make contact with the lower surface of the lower limit adjustment step when the mower unit is lifted up away from the ground (see fig. 11).
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Regarding claim 2, Reichard discloses the riding-type mowing apparatus of claim 1, wherein the lower limit adjustment lever (62), the lever connection bar (50), and the lower limit adjustment step (7) are configured such that centers thereof are located on a straight line (see fig. 4, 6).
Regarding claim 3, Reichard discloses the mowing apparatus of claim 1, wherein the lower limit adjustment step has a cylindrical shape (see fig. 7), and the lower surface of the lower limit adjustment step is formed with a plurality of stepped portions (70) having different distances from the ground,
wherein the stepped portion includes a first stepped portion (74) that allows a lower limit height of the mower unit to be set to a first height when the protruding latch part makes contact with the first stepped portion, a second stepped portion (74) that allows the lower limit height of the mower unit to be set to a second height lower than the first height, and a third stepped portion (74) that allows the lower limit height of the mower unit to be set to a third height higher than the first height, and
wherein the second stepped portion is formed to be closer to the ground compared to the first stepped portion (col. 4 lines 12-20, col. 7 lines 31-48, col. 7 line 49-col. 8 line 27).
Regarding claim 4, Reichard discloses the mowing apparatus of claim 3, wherein the protruding latch part (80) is a portion formed on an upper surface of the second rear deck link (55L, 81, 82), and includes a latch groove having a predetermined depth and a latch protrusion (80) protruding at a predetermined height, wherein any one of the stepped portions formed on the lower surface of the lower limit adjustment step is seated on the latch groove, and the latch protrusion makes close contact with the corresponding stepped portion (col. 4 lines 12-20, col. 7 lines 31-48, col. 7 line 49-col. 8 line 27).
Allowable Subject Matter
Claim 5 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 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 MADELINE RUNCO whose telephone number is (469)295-9123. The examiner can normally be reached 8-4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 5712728971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.I.R./ Examiner, Art Unit 3671
/JOSEPH M ROCCA/ Supervisory Patent Examiner, Art Unit 3671