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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "35, 36" and "64, 66" have both been used in the specification to designate a pair of drive wheels. As the drawings do not appear to include reference signs “64” and “66” mentioned in para. [0044-0045], it is suggested that Applicant amend these portions to respectively recite “35” and “36” consistent with the drive wheels designated in Figs. 1-3. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 14 is objected to because of the following informalities:
Claim 14 line 2 “to the corresponding first and second tines segments” should be --to the corresponding first and second outer tine segments— to clearly define which tine segments are being referred, as both inner and outer tine segments are set forth within the claims.
Appropriate correction is required.
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 3-6 and 13-15 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 "the second frame rail" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is noted that the second support being defined by “a second frame rail” is set forth in claim 5 line 3.
By virtue of their dependence on claim 3, this basis of rejection also applies to dependent claims 4-6.
Claim 13 line 9 recites “a second inner tine segment that is arranged inwardly of the first segment”. It is unclear whether “the first segment” is meant to refer to the first inner tine segment or the first outer tine segment. In fact, given the context of the claim, the examiner believes the most appropriate claim element in this case is neither of these, and should instead be the second outer tine segment, such that this portion of the claim reads --a second inner tine segment that is arranged inwardly of the second outer tine segment— to remain consistent with lines 7-8 which recite “a first inner tine segment that is arranged inwardly of the first outer tine segment”.
By virtue of their dependence on claim 13, this basis of rejection also applies to dependent claims 14-15.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 7-12, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kinkead et al. (US 20200113114 A1).
Regarding claim 1, Kinkead discloses an aerator (10) comprising:
a chassis that includes a frame (50) with a first support and a second support (first and second side sheets 52) that are laterally spaced from each other (para. [0039] “tine housing 50 can be formed as part of the chassis…including the front and back sheets 56 and 58 and the side sheets 52… Any discussion of tine housing 50…[is] a discussion with respect to the chassis”);
an engine (38) that is supported on the frame (Fig. 1);
a tine assembly (pair of tine assemblies 100) that is supported by the frame 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 outwardly of 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] each side includes a pair of drive chains 20, 42 located exteriorly of a respective side sheet 52 and configured to drive a corresponding tine assembly 100).
Regarding claim 2, Kinkead 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 (52) and delivers power to a first side of the tine assembly;
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 (other of 52) and delivers power to a second side of the tine assembly (Fig. 3, para. [0037]).
Regarding claim 3, Kinkead discloses the aerator of claim 2, 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 (52);
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 frame rail; 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 discloses the aerator of claim 2, wherein:
the first support is defined by a first frame rail (52);
the second support is defined by a second frame rail (other of 52);
the first transmission (first pair of drive chains 20,42) includes a first transmission cover that is connected to the first frame rail and has a side wall (14) that is spaced outwardly from the first frame rail (Fig. 2-3, bottom of para. [0037] “drive chains 20 and 42 are located intermediate side sheets 52 and side plates 14…exteriorly of tine housing 50”);
a first drive wheel (48) is supported by the side wall of the first transmission cover (Fig. 1, drive wheel 48 with stub axle 46 is rotatably mounted to a corresponding side plate 14);
the second transmission (other pair of drive chains 20,42) includes a transmission cover that is connected to the second frame rail and has a side wall (other of 14) that is spaced outwardly from the second frame rail (same as first transmission cover above); and
a second drive wheel (other of 48) is supported by the side wall of the second transmission cover (Fig. 1).
Regarding claim 8, Kinkead discloses the aerator of claim 2, 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) comprising:
a chassis (12) that includes a frame (50) with a first frame rail and a second frame rail (first and second side sheets 52), wherein a distance between the first and second frame rails corresponds to a frame width dimension of the chassis (Figs. 2-3, (para. [0039] “tine housing 50 can be formed as part of the chassis…including the front and back sheets 56 and 58 and the side sheets 52… Any discussion of tine housing 50…[is] a discussion with respect to the chassis”);
a tine assembly (pair of tines assemblies 100) that is supported by the frame between the first and second frame rails (Fig. 1); 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 laterally outside of the frame and between the first frame rail and 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 laterally outside of the frame and between the second frame rail and the second drive wheel (Fig. 2, para. [0037]).
Regarding claim 10, Kinkead 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 (52) (Fig. 2) 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 (other of 52) and drivingly connects the second drive motor (other of 34) to the second drive wheel (other of 48).
Regarding claim 11, Kinkead discloses the aerator of claim 10, wherein each of the first and second endless transmission devices includes a chain (i.e. drive chains 42).
Regarding claim 12, Kinkead discloses the aerator of claim 10, wherein:
the tine assembly include:
a first tine segment (100) that is arranged toward the first frame rail (52);
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 52);
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]).
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 (76) that is mounted to and moves in unison with the tine assembly support system (Fig. 4, para. [0041-0042] lower end of trip 76 is connected to bracket 70 which is secured to top of tine housing 50 for movement therewith, i.e. based on the elongation and retraction of the hydraulic cylinder 68);
an adjuster (82) that is mounted at a variable position to the arm base (position of switch 82 is adjustable relative to trip 76), 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 4-6 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kinkead as applied to claims 3 and 12 above, and further in view of Cook (US 8291991 B1).
Regarding claim 4, Kinkead discloses the aerator of claim 3, 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 field of endeavor, 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 Cook discloses the aerator of claim 4. Kinkead further discloses wherein:
the first support is defined by a first frame rail (52);
the second support is defined by a second frame rail (other of 52);
a first drive wheel (48) is supported by the frame outwardly of the first frame rail (Fig. 1) 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 (Fig. 1) 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 Cook discloses the aerator of claim 5. Kinkead further discloses 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 discloses the aerator of claim 12, wherein:
the first and second tines segments respectively define a first outer tine segment and a second outer tine segment.
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 field of endeavor, 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 Cook discloses the aerator of claim 14. Kinkead further discloses:
a first transmission cover (14) that is mounted to and extends outwardly from the first frame rail (52) (Fig. 2-3, bottom of para. [0037] “drive chains 20 and 42 are located intermediate side sheets 52 and side plates 14…exteriorly of tine housing 50”), wherein the first drive wheel (48) is mounted to the first transmission cover (Fig. 1, drive wheel 48 with stub axle 46 is rotatably mounted to a corresponding side plate 14); and
a second transmission cover (other of 14) that is mounted to and extends outwardly from the second frame rail (other of 52), wherein the second drive wheel (other of 48) is mounted to the second transmission cover (Fig. 1)
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Winter et al. (US 20220377961 A1) discloses a depth adjustment mechanism for an aerator with adjustable stops. Cook et al. (US 10779455 B1) discloses an aerator dual hydro drive. Harvey et al. (US 10595460 B1) discloses an exteriorly mounted drive for a power rake. Kinkead et al. (US 9474196 B2) discloses an apparatus for aerating turf. Bryant et al. (US 20150107863 A1) discloses a drive system for an aerator. Barger (US 20130014965 A1) discloses spaced apart stops for a pivot arm of an adjustable depth control unit of an aerator assembly. Wynings (US 20080029278 A1) discloses an exteriorly mounted hydraulic drive for an aerator. Classen et al. (US 20060070750 A1) discloses a turf aerator. Kinkead et al. (US 6708773 B1) discloses an aerator with a drive differential.
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.
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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
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671