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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "threading channel" of claims 10 and 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the coil spring (232) as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
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. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Automatic line release device” as recited in claim 1 (first, “device” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “configured to”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the phrase “automatic line release” preceding the generic placeholder describes the function, not the structure, of the automatic line release device).
“Operating member” as recited in claim 1 (first, “member” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “operating”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “operating” preceding the generic placeholder describes the function, not the structure, of the operating member).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 17 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.
Regarding claim 17, the claim states the “string trimmer according to claim 16, further comprising the motor for driving the string trimmer head to rotate” in lines 1-2 of the claim. As claim 16 from which claim 17 depends includes the limitation “a string trimmer, comprising a string trimmer head and a motor for driving the string trimmer head to rotate” in lines 1-2 of the claim it is unclear if the string trimmer comprises one motor or two motors for driving the string trimmer head to rotate. To expedite prosecution as a single motor is shown by the drawings and disclosed in the specification the Examiner has best understood this limitation as requiring the same motor as claim 16, however, the Examiner suggest amending the claim to remove the recitation or to clearly claim a second motor.
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, 5-7, 9-14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo (US 2022/0104431 A1) in view of Peng et al. (US 2021/0144914 A1).
Regarding claim 1, Guo teaches a string trimmer head (Guo, Figs. 1-4, 11), comprising:
a spool (Guo, Figs. 2-4 and 6, 112) around which a string trimmer line (Guo, Fig. 1, 15) is capable of being wound (Guo, P. 0047 and 0120);
a head housing (Guo, Figs. 1-4, 111) having an accommodation space (Guo, Fig. 2, 114) capable of accommodating at least part of the spool (Guo, Fig. 2, 112, P. 0127);
an automatic line release device (Guo, Figs. 3-4, 6-8 and 11-13, 113) configured to enable the spool and the head housing to generate a first relative rotation so that the string trimmer head releases the string trimmer line (Guo, P. 0123, “second equilibrium state”), wherein the string trimmer line has an effective length (Guo, Fig. 1, 15a) extending out of the accommodation space (Guo, P. 0121); and the automatic line release device is further configured to make the string trimmer head release the string trimmer line when the effective length of the string trimmer line is less than a preset value (Guo, P. 0121); and
an operating member (see annotated image 1 of Fig. 2 (Guo) below) connected to the housing.
Guo does not teach an operating member configured to be operable by a user to drive the spool and the head housing to generate a second relative rotation so that the string trimmer line is wound around the spool.
Peng teaches a string trimmer head (Peng, Fig. 1, 10) comprising an operating member (Peng, Figs. 3-4, 14) configured to be operable by a user to drive the spool (Peng, Figs. 3-4, 12) and the head housing (Peng, Figs. 3-4, 13) to generate a second relative rotation so that the string trimmer line is wound around the spool (Peng, P. 0030). This allows for the user to manually wind new line onto the spool without the need to open the head housing (Peng, P. 0030).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the trimming head taught by Guo to include an operating member like that one taught by Peng as doing so allows a user to wind trimmer line onto the spool manually and without the need to open the head housing.
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Regarding claim 2, Guo in view of Peng teaches the string trimmer head according to claim 1, wherein the head housing (Guo, Figs. 1-4, 111) is provided with a through hole (see annotated image 1 of Fig. 17 (Peng) below) along a central axis (Guo, Figs. 3-4, 101) part of the operating member (Peng, Figs. 3-4, 14) penetrates through the through hole and enters the accommodation space of the head housing (Peng, P. 0039), and the operating member rotates synchronously with the spool (Peng, P. 0039).
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Regarding claim 3, Guo in view of Peng teaches the string trimmer head according to claim 2, wherein the operating member (Peng, Figs. 3-4, 14) is fixedly connected to the spool (Peng, P. 0039).
Regarding claim 5, Guo in view of Peng teaches the string trimmer head according to claim 2, wherein the operating member (see annotated image 1 of Fig. 2 (Guo) above) is fixed relative to the head housing (Guo, Figs. 1-4, 111) in a direction of the central axis (Guo, Figs. 3-4, 101), the operating member shown by Guo is connect to the head housing and would move with the head housing along the central axis.
Regarding claim 6, Guo in view of Peng teaches the string trimmer head according to claim 2, wherein the spool (Guo, Fig. 2, 112) is fixed relative to the head housing (Guo, Figs. 1-4, 111) in a direction of the central axis (Guo, Figs. 3-4, 101, P. 0129), as taught by Guo the spool moves only relative to the head housing in a rotational direction.
Regarding claim 7, Guo in view of Peng teaches the string trimmer head according to claim 1, wherein, when the string trimmer head is in a state of the first relative rotation, the spool rotates about a central axis of the head housing and relative to the head housing along a first direction (Guo, P. 0123, “second equilibrium state”), or the head housing rotates about the central axis and relative to the spool along the first direction (Guo, P. 0123, “second equilibrium state”) and, when the string trimmer head is in a state of the second relative rotation, the spool rotates about the central axis and relative to the head housing along a second direction (Peng, P. 0030), or the head housing rotates about the central axis and relative to the spool along the second direction (Peng, P. 0030); wherein the first direction is opposite to the second direction (Peng, P. 0030), Peng teaches that one direction may be clockwise while the other is counterclockwise which would be opposite.
Regarding claim 9, Guo in view of Peng teaches the string trimmer head according to claim 1.
Guo in view of Peng as modified does not teach wherein the head housing comprises a first guide structure configured to guide the string trimmer line to penetrate through the head housing without entering the spool during threading, and the spool comprises a second guide structure configured to guide the string trimmer line to leave the first guide structure and be wound around the spool through the second relative rotation between the spool and the head housing during winding.
Peng further teaches a head housing (Peng, Figs. 3-4, 13) comprising a first guide structure (Peng, Figs. 3-6, 16) configured to guide the string trimmer line to penetrate through the had housing without entering the spool during threading (Peng, P. 0031-0032), and a spool (Peng, Figs. 3-4, 12) comprising a second guide structure (Peng, Figs. 7-9, 125) configured to guide the string trimmer line to leave the first guide structure and be wound around the spool through the second relative rotation between the spool and the head housing during winding (Peng, P. 0032). This allows the trimmer line to be passed through the head housing and wind trimmer line onto the spool manually without the need to open the housing and remove the spool (Peng, P. 0002 and 0032).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the head housing taught by Guo in view of Peng such that it includes a first guide structure like that further taught by Peng and to modify the spool taught by Guo in view of Peng to include a second guide structure like that further taught by Peng as such modification helps to guide trimmer line through the trimmer head to facilitate winding onto the spool manually without the need to open the head housing and remove the spool.
Regarding claim 10, Guo in view of Peng teaches the string trimmer head according to claim 9, wherein the first guide structure (Peng, Figs. 3-6, 16) comprises: notches (Peng, Fig. 6, 161) for the string trimmer line to penetrate into or out of the head housing (Peng, P. 0034); a protrusion portion (see annotated image 1 of Fig. 6 (Peng) below) used for forming a threading channel for guiding the string trimmer line to penetrate through the head housing (Peng, P. 0035), configured to be at least two circular arcs formed around a through hole of the head housing (Peng, Fig. 6, 163), and broken at the notches (Peng, Fig. 6, 161, P. 0036); and guide portions (Peng, Fig. 6, 169), used for guiding the string trimmer line to penetrate into the head housing (Peng, P. 0036), formed at the notches (Peng, P. 0036).
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Regarding claim 11, Guo in view of Peng teaches the string trimmer head according to claim 1, wherein the automatic line release device (Guo, Fig. 3-4, 6-8 and 11-13, 113) is configured to switch between an autonomous line release state for allowing a line release of the string trimmer head (Guo, P. 0124, “autonomous line-feeding”) and a trimming state for preventing the line release of the string trimmer head based on a change of the effective length of the string trimmer line (Guo, P. 0122, “working state”).
Regarding claim 12, Guo in view of Peng teaches the string trimmer head according to claim 1, wherein the operating member (Peng, Figs. 3-4, 14) is configured to be operated by the user to drive the head housing (Guo, Figs. 1-4, 111) to rotate (Peng, P. 0030).
Regarding claim 13, Guo in view of Peng teaches the string trimmer head according to claim 1, wherein the operating member (Peng, Figs. 3-4, 14) is configured to be operated by the user to drive the spool (Guo, Figs. 2-4 and 6, 112) to rotate (Peng, P. 0039).
Regarding claim 14, Guo in view of Peng teaches the string trimmer head according to claim 1, wherein the automatic line release device (Guo, Figs. 3-4, 6-8 and 11-13, 113) comprises a transmission member (Guo, Fig. 6, 113a) capable of switching between a first position and a second position (Guo, P. 0125), when the transmission member is at the first position, the automatic line release device prevents a relative rotation between the spool and the head housing (Guo, P. 0006), and, when the transmission member is at the second position, the automatic line release device allows the relative rotation between the spool and the head housing (Guo, P. 0006).
Regarding claim 16, Guo teaches a string trimmer (Guo, Fig. 1, 100), comprising a string trimmer head (Guo, Figs. 1-4, 11) and a motor (Guo, Fig. 1, 122) for driving the string trimmer head to rotate, wherein the string trimmer head comprises:
a spool (Guo, Figs. 2-4 and 6, 112) around which a string trimmer line (Guo, Fig. 1, 15) is capable of being wound (Guo, P. 0047 and 0120); and
a head housing (Guo, Figs. 1-4, 111) having an accommodation space (Guo, Fig. 2, 114) capable of accommodating at least part of the spool (Guo, Fig. 2, 112, P. 0127);
wherein the string trimmer head further comprises:
an automatic line release device (Guo, Figs. 3-4, 6-8 and 11-13, 113) configured to enable the spool and the head housing to generate a first relative rotation so that the string trimmer head releases the string trimmer line (Guo, P. 0123, “second equilibrium state”), wherein the string trimmer line has an effective length (Guo, Fig. 1, 15a) extending out of the accommodation space (Guo, P. 0121); and the automatic line release device is further configured to make the string trimmer head release the string trimmer line when the effective length of the string trimmer line is less than a preset value (Guo, P. 0121); and
Guo does not teach an operating member configured to be operable by a user to drive the spool and the head housing to generate a second relative rotation so that the string trimmer line is wound around the spool.
Peng teaches a string trimmer head (Peng, Fig. 1, 10) comprising an operating member (Peng, Figs. 3-4, 14) configured to be operable by a user to drive the spool (Peng, Figs. 3-4, 12) and the head housing (Peng, Figs. 3-4, 13) to generate a second relative rotation so that the string trimmer line is wound around the spool (Peng, P. 0030). This allows for the user to manually wind new line onto the spool without the need to open the head housing (Peng, P. 0030).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the trimming head taught by Guo to include an operating member like that one taught by Peng as doing so allows a user to wind trimmer line onto the spool manually and without the need to open the head housing.
Regarding claim 17, Guo in view of Peng teaches the string trimmer according to claim 16, further comprising the motor (Guo, Fig. 1, 122) for driving the string trimmer head to rotate, wherein the automatic line release device (Guo, Figs. 3-4, 6-8 and 11-13, 113) comprises a transmission member (Guo, Fig. 6, 113a) having, relative to the spool (Guo, Fig. 6, 112), a first position for preventing a relative rotation between the spool and the head housing (Guo, P. 0006, “first position”) and a second position for allowing the relative rotation between the spool and the head housing (Guo, P. 0006, “second position”), and, when the transmission member is at the first position, the string trimmer head is in a trimming state and the motor has a first rotational speed (Guo, P. 0006 and 0122, “working state”), when the transmission member is at the second position, the string trimmer head is in an autonomous line release state (Guo, P.0122), the motor has a second rotational speed with a difference from the first rotational speed (Guo, P.0122), and the spool and the head housing generate the first relative rotation to release the string trimmer line, when the effective length of the string trimmer line is greater than or equal to the preset value, the transmission member is at the first position (Guo, P. 0121), and, when the effective length of the string trimmer line is less than the preset value, the transmission member is at the second position (Guo, P. 0121).
Regarding claim 18, Guo teaches a string trimmer head (Guo, Figs. 1-4, 11), comprising:
a spool (Guo, Figs. 2-4 and 6, 112) around which a string trimmer line (Guo, Fig. 1, 15) is capable of being wound (Guo, P. 0047 and 0120);
a head housing (Guo, Figs. 1-4, 111) having an accommodation space (Guo, Fig. 2, 114) capable of accommodating at least part of the spool (Guo, Fig. 2, 112, P. 0127);
an automatic line release device (Guo, Figs. 3-4, 6-8 and 11-13, 113) configured to enable the spool and the head housing to generate a first relative rotation so that the string trimmer head releases the string trimmer line (Guo, P. 0123, “second equilibrium state”), wherein the string trimmer line has an effective length (Guo, Fig. 1, 15a)) extending out of the accommodation space (Guo, P. 0121); and the automatic line release device is further configured to make the string trimmer head release the string trimmer line when the effective length of the string trimmer line is less than a preset value (Guo, P. 0121).
a first guide structure formed on or connected to the head housing and configured to guide the string trimmer line to penetrate through the head housing without entering the spool during threading; and
a second guide structure formed on or connected to the spool and configured to guide the string trimmer line to leave the first guide structure and be wound around the spool through a relative rotation between the spool and the head housing during winding.
Guo does not teach a first guide structure formed on or connected to the head housing and configured to guide the string trimmer line to penetrate through the head housing without entering the spool during threading, and a second guide structure formed on or connected to the spool and configured to guide the string trimmer line to leave the first guide structure and be wound around the spool through the second relative rotation between the spool and the head housing during winding.
Peng teaches a first guide structure (Peng, Figs. 3-6, 16) connected to a head housing (Peng, Figs. 3-4, 13, P. 0034) and configured to guide the string trimmer line to penetrate through the had housing without entering the spool during threading (Peng, P. 0031-0032), and a second guide structure (Peng, Figs. 7-9, 125) formed on a spool (Peng, Figs. 3-4, 12) and comprising a second guide structure (Peng, Figs. 7-9, 125) configured to guide the string trimmer line to leave the first guide structure and be wound around the spool through the second relative rotation between the spool and the head housing during winding (Peng, P. 0032). This allows the trimmer line to be passed through the head housing and wind trimmer line onto the spool manually without the need to open the housing and remove the spool (Peng, P. 0002 and 0032).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the head housing taught by Guo such that it includes a first guide structure like that taught by Peng and to modify the spool taught by Guo to include a second guide structure like that taught by Peng as such modification helps to guide trimmer line through the trimmer head to facilitate winding onto the spool manually without the need to open the head housing and remove the spool.
Regarding claim 19, Guo in view of Peng teaches the string trimmer head according to claim 18, wherein the first guide structure (Peng, Figs. 3-6, 16) and the second guide structure (Peng, Figs. 7-9, 125) are disposed on an upper side of the spool (Peng, Figs. 3-4, 12), and the automatic line release device (Guo, Figs. 3-4, 6-8 and 11-13, 113) is disposed on an upper side of the spool (Guo, Fig. 2, 112).
Guo in view of Peng as modified does not teach the first guide structure and the second guide structure are disposed on a lower side of the spool.
Peng further teaches a first guide structure (Peng, Figs. 13-14, 41) and a second guide structure (Peng, Fig. 14, 45) disposed on a lower side of a spool (Peng, Figs. 13-14, 43) capable of performing the same function as the first guide structure and second guide structure disposed on an upper side of the spool (P. 0049).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the position of the first guide structure and second guide structure disposed on an upper side of the spool taught by Guo in view of Peng such that the guide structures were disposed on a lower side of the spool as further taught by Peng as such a rearrangement of parts requires only a routine level of skill in the art (see MPEP 2144.04 (VI)(C). In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 20, Guo in view of Peng teaches the string trimmer head according to claim 18, wherein the first guide structure (Peng, Figs. 3-6, 16) comprises: notches (Peng, Fig. 6, 161) for the string trimmer line to penetrate into or out of the head housing (Peng, P. 0034); a protrusion portion (see annotated image 1 of Fig. 6 (Peng) above) used for forming a threading channel for guiding the string trimmer line to penetrate through the head housing (Peng, P. 0035), configured to be at least two circular arcs formed around a through hole of the head housing (Peng, Fig. 6, 163), and broken at the notches (Peng, Fig. 6, 161, P. 0036); and guide portions (Peng, Fig. 6, 169), used for guiding the string trimmer line to penetrate into the head housing (Peng, P. 0036), formed at the notches (Peng, P. 0036).
Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Guo (US 2022/0104431 A1) in view of Peng (US 2021/0144914 A1) as applied to claims 3 and 2, respectively, above, and further in view of Cholst et al. (US 11,122,735 B2).
Regarding claim 4, Guo in view of Peng teaches the string trimmer head according to claim 3.
Guo in view of Peng does not teach wherein the operating member is fixed relative to the spool in a direction of the central axis.
Cholst teaches a string trimmer head (Cholst, Figs. 1-4, 10) comprising a spool (Cholst, Figs. 2-4 and 8, 18) and an operating member (Cholst, Figs. 1-4 and 7, 38), with a central axis (Cholst, Fig. 1, A) wherein the operating member is fixed relative to the spool in a direction of the central axis (Cholst, Col. 4, lines 52-63). This allows for the operating member to be bumped to pay out line when desired and allows (Cholst, Col. 4 line 64 – Col. 5 line 3).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the operating member such that it was fixed relative to the spool in a direction of the central axis as taught by Cholst as doing so to allow the device to bump feed line.
Regarding claim 8, Guo in view of Peng teaches the string trimmer head according to claim 2, wherein the operating member (Peng, Figs. 3-4, 14) comprises: an operating portion (Peng, Figs. 3-4, 141) for the user to hold (Peng, P. 0039); a contact portion (Peng, Figs. 3-4, 142) for being in contact with the ground when the string trimmer head is trimming grass (Peng, P. 0044) and rotatably connected to the operating member (Peng, P. 0044), and a connecting portion (see annotated image 1 of Fig. 13 (Peng) below) connected to the contact portion at one end.
Guo in view of Peng does not teach the contact portion fixedly connected to the operating portion and a connecting portion at least partially penetrating through the through hole and accommodated in the accommodation space of the head housing, wherein a first end of the connecting portion is fixedly connected to the contact portion, and a second end of the connecting portion is fixedly connected to the spool.
Cholst teaches a string trimmer head (Cholst, Figs. 1-4, 10) comprising an operating member (Cholst, Figs. 1-4 and 7, 38), wherein the operating member comprises an operating portion (Cholst, Figs. 1-4, 104) and a contact portion (see annotated image 1 of Fig. 3 (Cholst) below) wherein the contact portion is fixedly connected to the operating portion, the operating member of Cholst is formed as a single piece and thus the operating portion and contact portion would be fixedly attached to each other, and a connecting portion (Cholst, Figs. 3-4, 98) at least partially penetrating through a through hole (Cholst, Figs. 3-4, 82) and accommodated in the accommodation space of the head housing (Cholst, Fig. 3, 114), wherein a first end of the connecting portion is fixedly connected to the contact portion (Cholst, Figs. 3-4, 98), the connecting portion is formed as part of the operating member and is thus fixedly attached to the contact portion, and a second end of the connecting portion is fixedly connected to the spool (Cholst, Figs. 3-4 and 7-8, 102 and 122, Col. 4, lines 52-63). Such an arrangement allows for the operating member to be directly connected to the spool and thus allow both to rotated together to allow new line to be wound onto the spool (Cholst, Col. 4 line 64 – Col. 5 line 3).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to, first, modify the operating member taught by Guo in view of Peng such that the operating portion and contact portion of the operating member were fixedly connected as a single piece as taught by Cholst as such a construction is an alternative to the two piece constructure taught by Peng and such changes in shape require only a routine level of skill in the art (see MPEP 2144.04(IV)(B)). Here going from a two piece construction to a single piece construction would not change the function of the structures and would provide a fixed connection between the contact portion and the operation portion. Second, it would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the connecting portion of the operating member taught by Guo in view of Peng such that the connecting portion at least partially penetrating through the through hole and was accommodated in the accommodation space of the head housing and a second end of the connecting portion is fixedly connected to the spool as taught by Cholst as such an arrangement allows for the operating member to directly connect to the spool and rotate the spool to allow new line to be wound onto the spool.
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Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Guo (US 2022/0104431 A1) in view of Peng (US 2021/0144914 A1) as applied to claim 14 above, and further in view of Nolin (US 2017/0251594 A1).
Regarding claim 15, Guo in view of Peng teaches the string trimmer head according to claim 14, wherein the transmission member (Guo, Fig. 6, 113a) rotates synchronously with the spool (Guo, Figs. 2-4 and 6, 112, P. 0124) and comprises a drive portion (Guo, Fig. 6, 113c) for driving the head housing (Guo, Figs. 1-4 and 7, 111) to rotate (Guo, P. 0006), the head housing (Guo, Figs. 1-4 and 7, 111) comprises a mating portion (Guo, Fig. 7, 111c) mating with the drive portion (Guo, Fig. 8, 113c, P. 0127), the head housing (Guo, Figs. 1-4 and 7, 111) comprises an upper housing (see annotated image 1 of Fig. 3 (Guo) below) and a lower housing (see annotated image 1 of Fig. 3 (Guo) below), and the mating portion (Guo, Fig. 7, 111c) is disposed on a upper side of the upper housing.
Guo in view of Peng does not teach wherein the mating portion is disposed on a lower side of the upper housing.
Nolin teaches a head housing (Nolin, Figs. 1-3, 14) comprising an upper housing (Nolin, Figs. 2-3, 38) and lower housing (Nolin, Figs. 2-3, 42) and a mating portion (Nolin, Figs. 2-3, 46) disposed on a lower side of the upper housing and a spool (Nolin, Figs. 2-3, 22) comprising a transmission member (Nolin, Figs. 3, 54). This allows for the transmission member and mating member to be contained inside the housing.
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the head housing taught by Guo in view of Peng such that the mating portion was located on a lower side of the upper housing as taught by Nolin instead of the mating portion located on a upper side of the upper housing as it may be desirable for the transmission member and mating portion to be located inside of the head housing instead of externally and as such rearrangement of parts only requires a routine level of skill in the art (see MPEP 2144.04 (VI)(C). In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). Here, changing the side of the upper housing to which the mating portion is formed would not change the function and operation of the mating portion and the transmission member, the only difference is to which side these structures would be mounted.
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EXAMINER’S NOTE
To promote clarity of record and to streamline prosecution the Examiner wishes to explain why Guo and Peng are considered prior art for the instant office action. The instant invention is a Continuation-in-Part of application 17/551,282 and draws foreign priority through this relationship with said application. After reviewing each of the instant independent claims the Examiner determined that each independent claim included content not disclosed in the priority of record or as part of the disclosure of application 17/551,282. As such, the instant independent claims and dependent claims are not solely disclosed by the disclosures of application 17/551,282 and the foreign priority, thus the effective filing date for the instant claims are the same as the effective filing date of the instant invention which is 08/23/2023 (see MPEP 2152.01(B)). As the Pre-Grant publication for application 17/551,282 was published as Guo US 2022/0104431 A1 on April 7, 2022 this U.S. patent application publication qualifies as prior art under 35 U.S.C. 102(a)(2) when used as part of a obviousness type rejection under 35 U.S.C. 103 (see MPEP 2152.02(b)) as the publication date is outside of the one year exception period for disclosures made by an inventor or a joint inventor (or have originated with the inventor). Further, Peng US 2021/0144914 A1 qualifies as prior art under 35 U.S.C. 102(a)(1) or (a)(2) was it was filed and published before the effective filing date of the instant invention and well outside of the one year exception period.
Conclusion
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/ROBERT D CORNETT/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724