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 § 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.
Claim(s) 1, 3-4, 8, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bartolucci et al. FR 2228420 A.
Independent Claim 1: Bartolucci discloses a device adapted for gathering and cutting vegetation, comprising:
a support (1a, 1b);
a vegetation cutter (9) carried on the support;
a cutter housing (1d);
a vegetation gatherer (13) carried on the support by the cutter housing and adapted to (a) gather vegetation and (b) direct the gathered vegetation into the vegetation cutter for cutting, said vegetation gatherer including a first arm (left 131, 132) and a second arm (right 131, 132) together defining a feed channel having an inlet end (at the front outer end) and a cutter end (the rear inner end) adjacent the vegetation cutter, wherein the first arm and the second arm are adapted for pivotal motion relative to the cutter housing (as seen in Fig. 3); and
an angle guide (seen in Fig. 3) carried on the cutter housing and adapted for adjusting the included angle between the first arm and the second arm to define a scope of said first arm and second arm pivotal motion, wherein (a) the cutter housing is carried on the support about at least a portion of the vegetation cutter, (b) a first pivot pin (12) pivotally connects a proximal end of the first arm to the cutter housing, (c) a second pivot pin (not shown) pivotally connects a proximal end of the second arm to the cutter housing, and (d) the angle guide includes a first arcuate slot (1k) formed in a wall of the cutter housing, a second arcuate slot (not shown) formed in the wall of the cutter housing, a first fastener (131b) releasably connecting the first arm to the cutter housing at the first arcuate slot, and a second fastener (131a, not shown) releasably connecting the second arm to the cutter housing at the second arcuate slot, as per claim 1.
Dependent Claims 3-4, 8, 19-20: Bartolucci further discloses wherein the feed channel (between left and right arms 131, 132) converges from the inlet end to the cutter end (as seen in Fig. 1 the channel converges from its front to rear ends), as per claim 3;
wherein the first arm (left 131, 132) and the second arm (right 131, 132) define an included angle of between about 5 and about 80 degrees (as seen in Fig. 3, the angle guide allows for angles within this range), as per claim 4;
wherein the first arm (left 131, 132) and the second arm (right 131, 132) are length adjustable (132 can be slid along 131 to more or less far from the support), as per claim 8;
wherein the first arm (left 131, 132) and the second arm (right 131, 132) are adapted for angular adjustment (as seen in Fig. 3), as per claim 19;
wherein the first arm (left 131, 132) and the second arm (right 131, 132) are adapted for length adjustment (132 can be slid along 131 to more or less far from the support), as per claim 20.
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, 8, 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li CN 105493729 A in view of Bartolucci et al.
Independent Claim 1: Li discloses a device adapted for gathering and cutting vegetation, comprising:
a support (1, 3);
a vegetation cutter (4) carried on the support;
a cutter housing (7);
a vegetation gatherer (5) carried on the support by the cutter housing and adapted to (a) gather vegetation and (b) direct the gathered vegetation into the vegetation cutter for cutting, said vegetation gatherer including a first arm (the top arm 5) and a second arm (the bottom arm 5) together defining a feed channel having an inlet end (at the outer ends of the arms) and a cutter end (at the inner ends of the arms) adjacent the vegetation cutter;
wherein (a) the cutter housing is carried on the support about at least a portion of the vegetation cutter (as seen in Fig. 2), as per claim 1.
However, Li fails to disclose wherein the first arm and the second arm are adapted for pivotal motion relative to the cutter housing; and
an angle guide carried on the cutter housing and adapted for adjusting the included angle between the first arm and the second arm to define a scope of said first arm and second arm pivotal motion, wherein (b) a first pivot pin pivotally connects a proximal end of the first arm to the cutter housing, (c) a second pivot pin pivotally connects a proximal end of the second arm to the cutter housing, and (d) the angle guide includes a first arcuate slot formed in a wall of the cutter housing, a second arcuate slot formed in the wall of the cutter housing, a first fastener releasably connecting the first arm to the cutter housing at the first arcuate slot, and a second fastener releasably connecting the second arm to the cutter housing at the second arcuate slot, as per claim 1.
Bartolucci discloses a similar device for gathering and cutting vegetation wherein the first arm (left 131, 132) and the second arm (right 131, 132) are adapted for pivotal motion relative to the cutter housing (as seen in Fig. 3); and
an angle guide (seen in Fig. 3) carried on the cutter housing (1d) and adapted for adjusting the included angle between the first arm and the second arm to define a scope of said first arm and second arm pivotal motion, wherein (b) a first pivot pin (12) pivotally connects a proximal end of the first arm to the cutter housing, (c) a second pivot pin (not shown) pivotally connects a proximal end of the second arm to the cutter housing, and (d) the angle guide includes a first arcuate slot (1k) formed in a wall of the cutter housing, a second arcuate slot (not shown) formed in the wall of the cutter housing, a first fastener (131b) releasably connecting the first arm to the cutter housing at the first arcuate slot, and a second fastener (131a, not shown) releasably connecting the second arm to the cutter housing at the second arcuate slot, as per claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the adjustable gathering arms of Bartolucci on the device of device of Li in order to adjust the arm spacing and the amount of vegetation the device gathers for cutting.
Dependent Claims 3-4, 8, 17-21: Li further discloses wherein the feed channel (the space between the arms 5) converges from the inlet end to the cutter end (as seen in Fig. 2), as per claim 3;
wherein the first arm (top arm 5) and the second arm (bottom arm 5) define an included angle of between about 5 and about 80 degrees (as seen in Fig. 2), as per claim 4;
wherein the vegetation cutter (4) includes a rotary blade (see Fig. 2) partially enclosed by the cutter housing (7), as per claim 17;
wherein the vegetation cutter (4) further includes a power head (2) adapted for driving the rotary blade (also 4), and wherein the power head is carried on an end of an extension arm (3) opposite the rotary blade (as seen in the figures), as per claim 18;
wherein the cutter housing (7) encloses a portion of opposed sides of the vegetation cutter (4), as per claim 21.
Regarding claim 18, 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 telescoping extension arm since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
Bartolucci further discloses wherein the first arm (left 131, 132) and the second arm (right 131, 132) are length adjustable (132 can be slid along 131 to more or less far from the support), as per claim 8;
wherein the first arm (left 131, 132) and the second arm (right 131, 132) are adapted for angular adjustment (as seen in Fig. 3), as per claim 19;
wherein the first arm (left 131, 132) and the second arm (right 131, 132) are adapted for length adjustment (132 can be slid along 131 to more or less far from the support), as per claim 20.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bartolucci et al. in view of Stapley et al. 5,713,193.
Dependent Claim 9: The device is disclosed as applied above. However, Bartolucci fails to disclose wherein (a) a first plurality of length adjustment apertures are provided in the first arm and (b) a second plurality of length adjustment apertures are provided in the second arm, as per claim 9.
Stapley discloses a similar device wherein a plurality of length adjustment apertures (30) are provided in the arm (12), as per claim 9.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the length adjustment apertures of Stapley to the arms of Bartolucci in order to provide discrete length adjustment positions for the arms.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Bartolucci as applied to claim 8 above, and further in view of Stapley et al. 5,713,193.
Dependent Claims 9-10: The device is disclosed as applied above. However, the combination fails to disclose wherein (a) a first plurality of length adjustment apertures are provided in the first arm and (b) a second plurality of length adjustment apertures are provided in the second arm, as per claim 9;
wherein the cutter housing further includes (a) a first locking pin receiver and a second locking pin receiver, (b) a first locking pin received through one of the first plurality of length adjustment apertures in the first arm and the first locking pin receiver and (c) a second locking pin received through one of the second plurality of length adjustment apertures in the second arm and the second locking pin receiver, as per claim 10;
Stapley discloses a similar device wherein a plurality of length adjustment apertures (30) are provided in the arm (12), as per claim 9.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the length adjustment apertures of Stapley for the adjustment device of the arms of Li and Bartolucci since the references disclose length adjustment means for the arms of agricultural devices and such a predictable result would be achieved.
In the resultant combination it can be seen that one of ordinary skill would provide Li’s cutter housing (4) which is carried on the support (1) about at least a portion of the vegetation cutter (4) would include a first locking pin receiver (30 of 12) and a second locking pin receiver (30 of 12), (b) a first locking pin (32) received through one of the first plurality of length adjustment apertures (30 of 18) in the first arm (18) and the first locking pin receiver and (c) a second locking pin (another 32) received through one of the second plurality of length adjustment apertures (30 of 18) in the second arm (18) and the second locking pin receiver, as per claim 10.
Claim(s) 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Bartolucci as applied to claim 1 above, and further in view of Bloodworth 6,986,238.
Dependent Claims 11-16: The device is disclosed as applied above. Li further discloses wherein the vegetation cutter (4) includes a rotary blade (also 4) partially enclosed by the cutter housing (7), as per claim 13;
wherein the vegetation cutter (4) further includes a power head (2) adapted for driving the rotary blade (also 4), as per claim 14;
wherein the power head (2) is carried on an end of an extension arm (3) opposite the rotary blade (4, as seen in the figures), as per claim 15;
wherein a flexible drive shaft (the “transmission shaft” through arm 3, not shown) extends through the extension arm between (3) the drive motor (2) and the rotary blade (4), as per claim 16.
However, Li fails to disclose wherein the support includes a base, a post carried on the base, a telescoping extension arm and an angle adjuster adapted to connect the telescoping extension arm to the post at a selected angle, as per claim 11;
wherein the angle adjuster further includes an angle guide including a plurality of pin receivers, an angle pin receiver in the telescoping extension arm and an angle pin received in one of the plurality of pin receivers and the angle pin receiver, as per claim 12;
wherein the extension arm is a telescoping extension arm, as per claim 15.
Bloodworth discloses a similar cutter device wherein the support includes a base (40), a post (44) carried on the base, a telescoping extension arm (32) and an angle adjuster (48, 49) adapted to connect the telescoping extension arm to the post at a selected angle, as per claim 11;
wherein the angle adjuster further includes an angle guide (the portion of 44 including holes 48) including a plurality of pin receivers (48), an angle pin receiver (the lower surface of 50) in the telescoping extension arm (32) and an angle pin (49) received in one of the plurality of pin receivers and the angle pin receiver, as per claim 12.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the angle adjuster of Bloodworth on the device of Li and Bartolucci in order to provide pivoting and angular adjustment of the vegetation cutter for improved reach.
Regarding claim 15, 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 telescoping extension arm since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
Response to Arguments
Please see the updated art rejections above in response to applicant’s claim amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca, can be reached at (571) 272-8971.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 June 27, 2026
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