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) 1-4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 113170773 to Yang.
Yang teaches:
Regarding claim 1
A weed burner (Fig. 2), comprising a main body (Body of machine in Fig. 2) and a handle (2), the main body comprising a base portion (generally lower lawn contacting portion attached to 3) and an operating portion (all electronics and operating portions encompassed within shell 8 forward of rod 3), the base portion being connected to the handle (via 3), the operating portion projecting forwardly relative to the base portion (Fig. 2), wherein the operating portion is provided with an arcing chamber for letting in a plant and an electrode assembly for discharging high-voltage arcs to the plant in the arcing chamber (Fig. 4, see open portion in which electrode 62 is located), the arcing chamber extending through the operating portion (fig. 4), a bottom end of the arcing chamber being opened and located at an underside of the operating portion (Fig. 4); and the electrode assembly comprises a positive electrode (63) and a negative electrode (63), the positive electrode being disposed in the operating portion and tilting downward into the arcing chamber (Figs. 2/4), the negative electrode being disposed at an underside of the operating portion and surrounding an opening of the bottom end of the arcing chamber (Figs. 2/4).
Regarding claim 2
wherein the operating portion comprises a base plate (76), an upper cover (7), and a cylindrical body forming the arcing chamber (surface of 7 which forms the generally cylindrical opening seen in top down view of Fig. 4), a top end of the cylindrical body being connected to the upper cover (Fig. 4), a bottom end of the cylindrical body being connected to the base plate (Fig. 2), the arcing chamber extending through the base plate and the upper cover (Fig. 2), the positive electrode extending through the cylindrical body into the arcing chamber (Fig. 2), the negative electrode being mounted at a lower surface of the base plate (Fig. 4).
Regarding claim 3
wherein the cylindrical body and the upper cover are formed of a unitary structure (Fig. 7, they are portions of shell 7 as shown in Fig. 4).
Regarding claim 4
wherein the bottom end of the cylindrical body is formed of a flared opening at an inner wall of the arcing chamber to guide the plant to enter the arcing chamber (the cylindrical half dome shape may be considered flared; this can be seen in Fig. 4).
Regarding claim 9
Yang further teaches a transparent insulation hood is provided on the operating portion to cover on top of the arcing chamber (viewing port 65).
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) 5-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang.
Regarding claim 5
The prior art of Yang teaches all of the limitations as discussed above, but fails to specifically teach wherein the cylindrical body and the negative electrode are both of circular shapes and concentric with each other. However, the purpose of this arrangement is merely to provide a location for the electrode to provide a spark within the chamber, which is the same function performed by the prior art. Further, the prior art appears as if it would work equally well having any shape that allowed for a spark. As such this is nothing more than an obvious design choice to one of ordinary skill in the art before the effective filing date. Note that it has been held that when the difference between the prior art and the claimed invention is merely a change in shape that does not effect the functioning of the device a finding of prima facie obviousness is appropriate.
Regarding claim 6
Yang teaches all of the limitations as discussed above and further teaches wherein the handle comprises a grip (grip around trigger 69) and a connecting tube (3) between the grip and base portion (Fig. 2). A batter (78) for supplying power to the electrode assembly.
Yang fails to teach that the battery is located at a bottom portion of the grip and the battery and operating portion are disposed at opposite front and rear sides to balance center of gravity.
The Examiner takes official notice that this is a ubiquitous arrangement for batteries in lawn care equipment and that modifying Yang to have the battery in this position would be obvious to one of ordinary skill in the art before the effective filing date as this is an old and well-known arrangement which provides convenient battery changing and has long been known to aid in weight distribution.
Regarding claim 7
Yang as modified further teaches wherein an operating switch (69) for controlling operation of the electrode assembly is provided at a top portion of the grip (Fig. 2).
Regarding claim 10
Yang teaches all of the limitations as discussed above, but fails to teach a display interface at a top end surface of the base portion.
The examiner takes official notice that finding display interfaces for commercial equipment on a visible portion such as a top of the base is old and well known and that it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Yang as such in order to provide a read out on e.g. the condition of the equipment or any faults.
Allowable Subject Matter
Claim 8 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.
Conclusion
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/WOODY A LEE JR/ Primary Examiner, Art Unit 3761
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