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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains an implied phrase (i.e., "The present invention relates to...") in line 1. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claim 10 recites "A handheld tilling device comprising: ... a battery; and a power cord." However, the specification describes: "In one embodiment, the battery 180 is comprised of a removable battery that can be recharged via any rechargeable battery charging means known in the art. In another embodiment, the body 110 is fixedly attached to the device 100 and receives power via at least one power cord 190 such as, but not limited to, a 110v/220v power cord." (See Specification, labeled para. 0032.) As such, the specification fails to describe or provide proper antecedent basis for an embodiment having both a battery and a power cord as set forth in claim 10.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. With respect to each of claims 1 and 10 (and the claims that depend therefrom), "a motor" and "a connecting member" are interpreted to be required elements of the claimed device.
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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bovi (US 6,382,325).
Regarding claim 1, Bovi discloses a handheld tilling device comprising:
a handle (including 20 and 30) comprised of a trigger ("switch" described in col. 2, lines 36-50);
a housing (including 21 and 31);
an axle (including 14) attached to a motor (80);
a blade (including 19) attached to a connecting member (including 201);
a fastener (including 302); and
a battery (70).
Regarding claim 2, Bovi discloses the blade (including 19) being comprised of a flat blade (see Figs. 1 and 2, wherein 19 is comprised of flat portions, as shown by Applicant).
Regarding claim 3, Bovi discloses the trigger ("switch" described in col. 2, lines 36-50) activating the motor (as described in col. 2, lines 36-50).
Regarding claim 4, Bovi discloses the axle (including 14) being comprised of a threaded axle (see col. 3, lines 9-17).
Regarding claim 5, Bovi discloses the fastener being comprised of a nut (302).
Regarding claim 7, Bovi discloses the battery (70) being comprised of a removable battery (as shown in Fig. 2).
Regarding claim 8, Bovi discloses the handle being comprised of a grip (section of 20 and 30 about 6 and/or within 5).
Regarding claim 9, Bovi discloses the connecting member being comprised of an opening (201).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bovi in view of Weibling (US 4,049,059).
Regarding claim 6, Bovi discloses the handheld tilling device with respect to claim 1, as set forth above. Bovi does not explicitly disclose the housing comprising a leveling plate. However, Weibling teaches a handheld tilling device comprising: a handle (including 26 and/or 40), a blade (including or of 50), and a housing (including 64), wherein the housing is comprised of a leveling plate (70).
Weibling is analogous because Weibling discloses a handheld tilling device having a leveling plate. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Bovi with a leveling plate as taught by Weibling in order to control the depth of penetration of the blade. (See Weibling, col. 4, lines 31-65.)
Claims 10, 11, and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bovi in view of Schaedler (US 2016/0353659).
Regarding claim 10, Bovi discloses a handheld tilling device comprising:
a handle (including upper portions of 20 and 30) comprised of a trigger ("switch" described in col. 2, lines 36-50);
a housing (including 5, 21, and 31);
an axle (including 14) attached to a motor (80);
a first blade (including a first blade of a first 19) attached to a connecting member comprised of an opening (including 201 of said first 19);
a fastener (including 302); and
a battery (70).
Bovi does not explicitly disclose the handheld tilling device having a power cord. However, Schaedler teaches a lawn maintenance device comprising a handle (38), a blade (56), a battery (46), and a power cord (170).
Schaedler is analogous because Schaedler discloses a hand-operated device for lawn and garden maintenance, wherein the device has a battery and a power cord. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Bovi with a power cord as taught by Schaedler in order to charge the battery. (See Schaedler, para. 0061.)
Regarding claim 11, Bovi discloses the handheld tilling device of claim 10, wherein the first blade (including a first blade of a first 19) is comprised of an angled blade (see Figs. 1 and 2, wherein 19 is comprised of angled portions).
Regarding claim 13, Bovi discloses the axle (including 14) being comprised of a threaded axle (see col. 3, lines 9-17).
Regarding claim 14, Bovi discloses the fastener being comprised of a nut (302).
Regarding claim 15, in view of the modification made in relation to claim 10, Schaedler teaches the power cord (170) being comprised of a 110v power cord (see para. 0061).
Regarding claim 16, Bovi discloses the housing (including 5, 21, and 31) being comprised of a secondary handle (including 5).
Regarding claim 17, Bovi discloses a second blade (including a second blade of said first 19) attached to the connecting member (including 201 of said first 19).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bovi in view of Schaedler as applied to claim 11 above, and further in view of Kelsey (US 2,823,597).
Regarding claim 12, neither Bovi nor Schaedler discloses an angled blade forming an acute angle. However, Kelsey teaches a handheld tilling device comprising a handle (12), a housing, an axle (including 40 and/or 70) attached to a motor (11), and an angled blade (including 43 and 46), wherein the angled blade forms an acute angle (as shown in the lower left of Fig. 2).
Kelsey is analogous because Kelsey discloses a handheld tilling device comprising an angled blade forming an acute angle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the above combination with the acutely angled blade means as taught by Kelsey in order to dig, deeply in hard soil. (See Kelsey, col. 4, lines 36-44.) Additionally, providing the above combination with the blade means of Kelsey is a simple substitution of one known element (i.e., the blade of the Kelsey) for another (i.e., the blade of Bovi) to obtain predictable results. See MPEP § 2143(B).
Claims 1, 3, 6, 8, 9, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fletchall (US 2,805,611).
Regarding claim 1, Fletchall discloses a handheld tilling device comprising:
a handle (including 38) comprised of a trigger (shown in Fig. 1);
a housing (including 10, 23, and 25);
an axle (18) attached to a motor (28);
a blade (including 21) attached to a connecting member (including 20); and
a fastener (including 19).
Fletchall discloses the handheld tilling device having a power cord (39) and does not explicitly disclose the handheld tilling device comprising a battery. However, Examiner takes Official Notice that it is old and well-known in the art for a handheld tilling device having a power cord to alternatively be powered by a battery. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Fletchall with a battery in order to eliminate the need for and use of a long power cord. Additionally, providing the device of Fletchall with a battery is a simple substitution of one known element (i.e., a battery) for another (i.e., a power cord) to obtain predictable results. See MPEP § 2143(B).
Regarding claim 3, Fletchall shows the handle (including 38) having a trigger in Fig. 1, but Fletchall does not explicitly disclose functionality of the trigger. However, Examiner takes Official Notice that it is old and well-known in the art for a trigger of a handheld tilling device to activate a motor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Fletchall with such trigger functionality in order to selectively power the device.
Regarding claim 6, Fletchall discloses the housing (including 10, 23, and 25) being comprised of a leveling plate (including 23).
Regarding claim 8, Fletchall discloses the handle (including 38) is comprised of a grip (38 providing a grip to be grasped as set forth in col. 2, lines 16-23).
Regarding claim 9, Fletchall discloses the connecting member (including 20) being comprised of an opening (in which 18 is positioned as shown in Fig. 4).
Regarding claim 18, Fletchall discloses a method of using a handheld tilling device, the method comprising the steps of:
providing (as shown in Fig. 1) a handheld tilling device comprised of a handle (including 38), a leveling plate (including 23), a blade (including 21), and a motor (28);
securing (as shown in Figs. 1, 2, and 4) the blade (including 21) to an axle (18) of the handheld tilling device via a fastener (19);
placing the handheld tilling device on a soil (as shown in Fig. 1);
pushing the blade into the soil such that the leveling plate rests on the soil (as shown in Fig. 1); and
pushing the handheld tilling device through the soil (see col. 2, lines 16-23).
Fletchall shows the handle (including 38) having a trigger in Fig. 1, but Fletchall does not explicitly disclose operation of the trigger. However, Examiner takes Official Notice that it is old and well-known in the art for a handheld tilling device to be used by pressing a trigger and operated while pulling the trigger. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Fletchall with such trigger operation in order to selectively power the device during operation.
Regarding claim 19, Fletchall discloses the blade (including 21) being comprised of a straight blade (21 having a straight longitudinal portion).
Regarding claim 20, Fletchall discloses the blade (including 21) being comprised of an angled blade (21 having angled end 22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Pfeiffer (US 3,710,870), McLaren (US 5,960,889), and Asay (US 2007/0131436) each discloses a handheld tilling device as set forth in at least claim 1. Sasaoka et al. (US 6,920,939) teaches a hand-operated tilling device having a battery (including 31) and a power cord (24). Smithers (US 3,031,018) teaches a handheld tilling device having an angled blade that forms an acute angle (see Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
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, Christopher Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JFM/10/18/25
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671