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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kinkead et al. (US 20200113114 A1).
Regarding independent claim 16, Kinkead discloses an aerator (10) comprising:
a chassis (12) that includes a frame with a pair of frame rails (14) that are laterally spaced from each other (Fig. 2);
an engine (38) that is mounted to the frame;
a tine assembly (tine assemblies 100) that includes multiple tines (Fig. 3), wherein the tine assembly is configured to engage and aerate a ground surface with the tines;
a tine assembly support system (50) that connects the tine assembly to the frame at a variable position with respect to the frame (para. [0035] tine housing 50 is pivotably secured to chassis 12) between a raised position (“raised position” defined by upper switch 80) and a lowered position (“lowered position” defined by lower switch 82), wherein a travel distance between the raised and lowered positions can be varied to provide an adjustable depth of the tine assembly (para. [0010,0059] position of lower switch 82 is adjustable down or up relative to fixed upper switch 80 to increase or decrease the tine depth); and
an adjustable depth control system (Fig. 4) that is configured to vary the travel distance between the raised and lowered positions of the tine assembly;
where the adjustable depth control system comprises:
a depth control arm that includes:
an arm base (70) that is mounted to and moves along an arcuate travel path in unison with the tine assembly support system (Figs. 1-2 and 4, para. [0041-0042] bracket 70 which is secured to top of tine housing 50 for movement therewith, wherein “Tine housing 50 is pivotably connected to chassis 12 by having the front ends of side sheets 52 rotatably coupled to output shafts 32”, para. [0037]. Thus, tine housing 50 and arm base 70 travel along an arcuate path as they pivot about axis 32);
an adjuster (82) that is mounted at a variable position to the arm base, wherein changing a position of the adjuster with respect to the arm base changes a maximum depth value of the tine assembly (para. [0043,0059] position of lower switch 82 is adjustable to define the maximum elongation of hydraulic cylinder 68 and thus maximum depth of the tines).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kinkead et al. (US 20200113114 A1) in view of Hansen et al. (US 6708773 B1).
Regarding claim 1, Kinkead discloses an aerator (10) comprising:
a chassis (12) that includes a frame with a first support and a second support (first and second side plates 14) that are laterally spaced from each other (Figs. 2-3);
an engine (38) that is supported on the frame (Fig. 1);
a tine assembly carrier (40) that is movably mounted to the frame;
a tine assembly (pair of tine assemblies 100) that is supported by the tine assembly carrier, that moves in unison with the tine assembly carrier with respect to the frame (para. [0041]), and that is configured to engage and aerate a ground surface; and
a drive system (Fig. 3) that is mounted to the frame and that is configured to receive power from the engine and to deliver power to the tine assembly, the drive system including a transmission (20,42) that is supported by the chassis adjacent a respective one of the pair of supports and that is configured to deliver power from the drive system to the tine assembly (Fig. 2, para. [0037]).
Kinkead fails to teach wherein the first and second transmissions are laterally outside of their respective supports.
In the same area, Hansen discloses a similar aerator (10) comprising a frame (32) having first and second side supports (i.e. lateral end plates of frame 32), wherein an engine (22) supported on the frame is configured to deliver power to a tine assembly (18) through a drive system (36) including a transmission (80) located laterally outward of respective side supports (Figs. 9-10).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the transmission of Kinkead as laterally outward of the frame rails, as taught by Hansen, such that the operational connections between the drive system and the tine assembly are located outside the frame for easy servicing (Hansen at col. 10 lines 66-67).
Regarding claim 2, Kinkead in view of Hansen discloses the aerator of claim 1, wherein:
the transmission is a first transmission (first pair of drive chains 20,42) of a pair of transmissions and is supported by the chassis outwardly of the first support (inherent from combination) and delivers power to a first side of the tine assembly (Fig. 3, para. [0037]);
a second transmission (other pair of drive chains 20,42) of the pair of transmissions is supported by the chassis outwardly of the second support (inherent from combination) and delivers power to a second side of the tine assembly (Fig. 3, para. [0037]).
Regarding claim 3, Kinkead in view of Hansen discloses the aerator of claim 2. Kinkead further teaches wherein:
the tine assembly includes a first set of tines (first set 100 of the pair of tine assemblies) that is proximate the first support (14);
the first transmission (i.e. drive chain 20 of first transmission) delivers power to the first set of tines;
a second set of tines (other set 100 of the pair of tine assemblies) that is proximate the second support (other of 14); and
the second transmission (i.e. drive chain 20 of second transmission) delivers power to the second set of tines (para. [0037] drive chains 20 of the first and second transmission drive a respective tine assembly 100).
Regarding claim 7, Kinkead in view of Hansen discloses the aerator of claim 2. Kinkead further teaches wherein:
the first support is defined by a first frame rail (14);
the second support is defined by a second frame rail (other of 14);
a first and second drive wheel (48) is supported by first and second frame rails, respectively (Fig. 1, drive wheel 48 with stub axle 46 is rotatably mounted to a corresponding side plate 14);
Kinkead fails to teach a first and second transmission cover that is connected to the first and second frame rail, respectively, wherein a side wall of each cover is spaced outwardly from the respective frame rail.
Hansen teaches a pair of transmission covers (30) connected to respective lateral sides of the frame, wherein a side wall (i.e. laterally outmost wall) of each cover is spaced outwardly from the respective frame side (Figs. 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include similar transmission covers for the transmission assemblies of Kinkead, as taught by Hansen, in order to protect the interior from dust and debris and act as a safety medium to prevent accidental operator contact with moving parts (Hansen at col. 5 lines 48-50).
Regarding claim 8, Kinkead in view of Hansen discloses the aerator of claim 2. Kinkead further teaches wherein:
the drive system includes:
at least one hydraulic pump that receives power from to the engine (38) to pressurize hydraulic fluid for by the drive system (para. [0033] engine 38 is in driving connection to hydraulic pumps);
a first hydraulic motor (hydraulic motor 34) that is hydraulically connected to the at least one hydraulic pump;
a second hydraulic motor (other of hydraulic motor 34) that is hydraulically connected to the at least one hydraulic pump; and wherein:
the first transmission (i.e. drive chain 20 of first transmission) connects and delivers power from the first hydraulic motor to a first set of tines (100) within the tine assembly; and
the second transmission (i.e. drive chain 20 of second transmission) connects and delivers power from the second hydraulic motor to a second set of tines (other of 100) within the tine assembly (Fig. 3, para. [0037,0060] hydraulic pumps connect to the pair of hydraulic motors 34 which each drive a respective drive chain 20 for driving a corresponding tine assembly 100).
Regarding independent claim 9, Kinkead discloses an aerator (10, Fig. 1) comprising:
a chassis (12) that includes a frame with a first frame rail and a second frame rail (first and second side plates 14), wherein a distance between the first and second frame rails corresponds to a frame width dimension of the chassis (Figs. 2-3);
a tine assembly (pair of tines assemblies 100) that is supported by a tine assembly carrier (50) that is connected to the frame between the first and second frame rails (Fig. 1) and that is movable up and down with respect to the frame (para. [0041]); and
a drive system that is mounted to the frame and that is configured to deliver power to the tine assembly, the drive system including:
a first drive motor (34) that is supported by the frame with a first motor output shaft (32) that extends outwardly beyond the first frame rail (Fig. 1 and 5, para. [0037] output shaft 32 extends outwardly of frame and has sprockets 36a,36b disposed thereon);
a second drive motor (other of 34) that is supported by the frame with a second motor output shaft (other of 32) that extends outwardly beyond the second frame rail;
a first drive wheel (48) that is supported by the frame outwardly of the first frame rail;
a second drive wheel (other of 48) that is supported by the frame outwardly of the second frame rail;
a first transmission (first pair of drive chains 20,42) that is configured to transmit power from the first drive motor to the first drive wheel, wherein the first outboard transmission is supported by the frame inward of the first drive wheel (Fig. 2, para. [0037]); and
a second transmission (other pair of drive chains 20,42) that is configured to transmit power from the second drive motor to the second drive wheel, wherein the second outboard transmission is supported by the frame inward of the second drive wheel (Fig. 2, para. [0037]).
Kinkead fails to teach wherein the first and second transmission are located laterally outside of their respective frame rail.
In the same area, Hansen discloses a similar aerator (10) comprising a frame (32) having first and second side supports (i.e. lateral end plates of frame 32), wherein an engine (22) supported on the frame is configured to deliver power to a tine assembly (18) through a drive system (36) including a transmission (80) located laterally outward of respective side supports (Figs. 9-10).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the transmission of Kinkead as laterally outward of the frame rails, as taught by Hansen, such that the operational connections between the drive system and the tine assembly are located outside the frame for easy servicing (Hansen at col. 10 lines 66-67).
Regarding claim 10, Kinkead in view of Hansen discloses the aerator of claim 9, wherein:
the first transmission includes a first endless transmission device (drive chain 42) that is mounted outside of the first frame rail (inherent from combination) and drivingly connects the first drive motor (34) to the first drive wheel (48) (para. [0037] drive chain 42 is in gearing relation to a sprocket 44 on a stub axle 46 for driving drive wheel 48);
the second transmission includes a second endless transmission device (other of drive chain 42) that is mounted outside of the second frame rail (inherent from combination) and drivingly connects the second drive motor (other of 34) to the second drive wheel (other of 48).
Regarding claim 11, Kinkead in view of Hansen discloses the aerator of claim 10. Kinkead further teaches wherein each of the first and second endless transmission devices includes a chain (i.e. drive chains 42).
Regarding claim 12, Kinkead in view of Hansen discloses the aerator of claim 10. Kinkead further teaches wherein:
the tine assembly include:
a first tine segment (100) that is arranged toward the first frame rail (14);
a second tine segment (other of 100) that is configured to rotate independently of the first tine segment and that is arranged toward the second frame rail (other of 14);
the first transmission (i.e. drive chain 20 of first transmission) delivers power to the first tine segment; and
the second transmission (i.e. drive chain 20 of second transmission) delivers power to the second tine segment (para. [0037]).
Claims 4-6 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kinkead in view of Hansen as applied to claims 3 and 12 above, and further in view of Cook (US 8291991 B1).
Regarding claim 4, Kinkead in view of Hansen discloses the aerator of claim 3.
Kinkead further teaches wherein: the first and second sets of tines respectively define first and second sets of driven tines (para. [0037] each set of tines 100 is driven by a respective drive chain 20).
Kinkead fails to disclose wherein the tine assembly further includes: a first and second set of undriven tines mounted within the tine assembly inwardly of the first and second set of driven tines, respectively.
In the same area, Cook discloses a similar drive assembly for a soil aerator 10 comprising a first and second transmission (70, 72) supported outwardly of a first and second support 12 respectively (Fig. 4-5) and configured to deliver power to a tine assembly (24), wherein the tine assembly includes a first set of driven tines (25A-25B) and a second set of driven tines (25E-25F) (col. 3 line 66- col. 4 line 5 outer tine assemblies 25A-25B,25E-25F are driven by left and right output shafts 34,36), and further includes a first set of undriven tines (25C) and a second set of undriven tines (25D) mounted inwardly of the first and second set of driven tines, respectively (Fig. 4, col. 3 lines 63-65 inner tine assembles 25C-25D are free-wheeling).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tine assembly of Kinkead to include undriven inner tine sets, as taught by Cook, in order to reduce the amount of interference from the tines when making tight turns or other difficult maneuvers, while still allowing for the outer driven tine sets to provide propulsion and assist the operator in making the turn (Cook at col. 6 lines 12-32).
Regarding claim 5, Kinkead in view of Hansen and Cook discloses the aerator of claim 4. Kinkead further discloses wherein:
the first support is defined by a first frame rail (14);
the second support is defined by a second frame rail (other of 14);
a first drive wheel (48) is supported by the frame outwardly of the first frame rail (inherent from combination w/ Hansen) and driven by the first transmission (i.e. drive chain 42 of the first transmission); and
a second drive wheel (other of 48) is supported by the frame outwardly of the second frame rail (inherent from combination w/ Hansen) and driven by the second transmission (i.e. drive chain 42 of the second transmission) (para. [0037] drive chains 42 of the first and second transmission drive a respective drive wheel 48).
Regarding claim 6, Kinkead in view of Hansen and Cook discloses the aerator of claim 5. Kinkead further teaches wherein the first transmission includes:
a first drive motor (34) that is configured to deliver power into the first transmission;
a first chain drive (42) that is configured to transmit power from the first drive motor through the first transmission to each of the first set of driven tines (100) and the first drive wheel (48);
a second drive motor (other of 34) that is configured to deliver power into the second transmission; and
a second chain drive (other of 42) that is configured to transmit power from the second drive motor through the second transmission to each of the second set of driven tines (other of 100) and the second drive wheel (other of 48) (para. [0037]).
Regarding claims 13-14, Kinkead in view of Hansen discloses the aerator of claim 12. Kinkead further discloses wherein the first and second tines segments respectively define a first outer tine segment and a second outer tine segment (para. [0037] each set of tines 100 is driven by a respective drive chain 20).
Kinkead fails to discloses wherein the tine assembly further comprises: a pair of inner tine segments including a first inner tine segment arranged inwardly of the first outer tine segment and a second inner tine segment arranged inwardly of the second outer tine segment, as per claim 13, wherein each of the first and second inner tine segments is configured to freewheel with respect to the corresponding first and second outer tines segments, as per claim 14.
In the same area, Cook discloses a similar drive assembly for a soil aerator 10 detailed above wherein the tine assembly includes a pair of inner tine segments (25C,25D) including a first inner tine segment (25C) arranged inwardly of first outer tine segments (25A-25B) and a second inner tine segment (25D) arranged inwardly of second outer tine segments (25E-25F) (Fig. 4), wherein first set of driven tines (25A-25B) and a second set of driven tines (25E-25F) (col. 3 line 66- col. 4 line 5 outer tine assemblies 25A-25B,25E-25F are driven by left and right output shafts 34,36), and each of the first and second inner tine segments is configured to freewheel with respect to the corresponding first and second outer tines segments (col. 3 lines 63-65 inner tine assembles 25C-25D independently free-wheel).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tine assembly of Kinkead to include undriven inner tine sets, as taught by Cook, in order to reduce the amount of interference from the tines when making tight turns or other difficult maneuvers, while still allowing for the outer driven tine sets to provide propulsion and assist the operator in making the turn (Cook at col. 6 lines 12-32).
Regarding claim 15, Kinkead in view of Hansen and Cook discloses the aerator of claim 14. Kinkead further teaches a first and second drive wheel (48) mounted outwardly of the transmission to the first and second frame rails (14), respectively (Fig. 1, drive wheel 48 with stub axle 46 is rotatably mounted to a corresponding side plate 14);
Kinkead fails to disclose a first and second transmission cover mounted to and extending outwardly from the first and second frame rail, respectively.
Hansen teaches a pair of transmission covers (30) connected to respective lateral sides of the frame, wherein a side wall (i.e. laterally outmost wall) of each cover is spaced outwardly from the respective frame side (Figs. 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include similar transmission covers for the transmission assemblies of Kinkead, as taught by Hansen, in order to protect the interior from dust and debris and act as a safety medium to prevent accidental operator contact with moving parts (Hansen at col. 5 lines 48-50).
Allowable Subject Matter
Claims 17-19 are 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
Rejection under 35 U.S.C. § 102/103
Regarding the rejection of Claim 16, the Examiner has considered the Applicant’s arguments; however, a different interpretation/claim mapping of Kinkead et al. (US 20200113114 A1) still reads on Applicant’s amendment, wherein the arm base (now designated element 70 instead of 76) is affixed to top plate (60) of the tine assembly support system (50) and travels along an arcuate path as side plates (52), which carry the tine assemblies (100), pivot about axis (32) to move the tine assemblies up and down (Figs. 1-2, para. [0037]).
Regarding the rejection of Claims 1-15, the Examiner has considered the Applicant’s arguments; however, these arguments are moot given the new grounds of rejection as necessitated by amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 JULIA C TRAN whose telephone number is (571) 272-8758. The examiner can normally be reached M-F 9-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joesph Rocca, can be reached on (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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/JULIA C TRAN/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
Prosecution Insights