Prosecution Insights
Last updated: April 19, 2026
Application No. 18/457,714

ELECTRIC WEEDER

Non-Final OA §102§103
Filed
Aug 29, 2023
Examiner
BEHRENS, ADAM J
Art Unit
3671
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Nanjing Chervon Industry Co. Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
90%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
421 granted / 549 resolved
+24.7% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
580
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
41.3%
+1.3% vs TC avg
§102
29.1%
-10.9% vs TC avg
§112
25.4%
-14.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 549 resolved cases

Office Action

§102 §103
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 14 is objected to because of the following informalities: Claim 14: “the axis of the first handle” and “the axis of the second handle” should read: “an axis of the first handle” and “an axis of the second handle” Appropriate correction is required. 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)(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. Claim(s) 1, 6, 8-9, 11-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pham (US 2024/0284813). Regarding claim 1, Pham discloses an electric weeder (Figure 7), comprising: a body comprising a housing (302) for connecting a power supply (battery) and a drive mechanism at least partly accommodated in the housing; and a working head (pointed to by indicator 110 of figure 7) driven by the body and movably connected to the body (via shaft 104), wherein the drive mechanism comprises a motor for driving the working head to rotate around a first axis (an electric motor is understood to be within the housing), the drive mechanism has a first working mode in which the drive mechanism drives the working head to screw into a workplane and a second working mode in which the drive mechanism drives the working head to screw out of the workplane (¶0043 discloses two directions of rotation), a direction of rotation of the working head when the drive mechanism is in the first working mode is different from a direction of rotation of the working head when the drive mechanism is in the second working mode, and an output rotational speed of the working head is less than or equal to 400 RPM in the first working mode (¶0040). Regarding claim 6, Pham discloses wherein the power supply comprises a battery pack for supplying power to the motor (¶0041). Regarding claim 8, Pham discloses wherein a nominal voltage of the battery pack is greater than or equal to 4 V and less than or equal to 80 V (18volts). Regarding claim 9, Pham discloses wherein the working head comprises: a weeder head (figure 7 shows weeder head pointed to by indicator 110) located at an end of the working head and used for being screwed into the workplane and winding grass; a connection assembly (shaft 104) extending along the first axis and connecting the weeder head to the body; and a grass unloading assembly (pointed to by indicator 382) driven to clean the weeder head. Regarding claim 11, Pham discloses wherein the body further comprises a switching portion configured to set a working mode of the drive mechanism to the first working mode or the second working mode (As the disclosed weeder of Pham is capable of two different rotations, some form of switch is considered to be present to achieve the function, such as a typical reverse switch on a drill). Regarding claim 12, Pham discloses wherein the switching portion is at least partially disposed on the housing (The switch would be considered to be on the housing where the operator is gripping the drill body). Regarding claim 13, Pham discloses a grip mechanism (Two left and right grips are seen in figure 7) formed on or connected to the housing, wherein the grip mechanism comprises a first handle and a second handle, the first handle and the second handle are separately disposed on two sides of the first axis, an included angle α between an orthographic projection of an axis of the first handle along a length direction on a plane perpendicular to the first axis and an orthographic projection of an axis of the second handle along a length direction on the plane perpendicular to the first axis is greater than 90° and less than 180° (Figure 7 shows that the grips are not perfectly 90 degrees, also seen in other embodiments figures 5). Regarding claim 14, Pham discloses wherein the axis of the first handle along the length direction is basically perpendicular to the first axis, and the axis of the second handle along the length direction is basically perpendicular to the first axis (Figure 7 shows a basically perpendicular orientation of the grips). Regarding claim 15, Pham discloses wherein the power supply is disposed between the first handle and the second handle (Figure 7 shows a battery attached to the back side of the housing). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 2, 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pham (US 2024/0284813). Regarding claim 2, Pham discloses rotation ranges in ¶0040. Pham is lacking specific speeds in either direction. It would have been an obvious matter of design choice to make the forward and reverse speeds at least equal as a typical drill would merely comprise a reverse switch to rotate the tool in the opposite directions. Regarding claim 7, Pham discloses the use of a rechargeable battery however is lacking specific mention of it being detachable and usable with other tools. Examiner takes official notice that in the art of rechargeable battery powered tools it is notoriously old and well known for a battery pack to be removable for recharging on a charging port and also to be useable with other tools. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have used a removable battery for the purpose of swapping out with other charged batteries and for the purpose of dual use with other tools. Regarding claim 10, Pham discloses the same general structural conditions as applicant, however Pham is lacking a length of the tool. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the length of the tool greater than or equal to 700 mm and less than or equal to 1300 mm since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Claim(s) 3-5 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pham (US 2024/0284813) in view of LI (US 2018/0318988). Regarding claims 3-5, Pham discloses multiple battery powered drill embodiments and is considered to comprise some form of transmission assembly however is lacking specific mention of the drill body’s transmission and details drawn to it. LI discloses a power tool with a transmission that may be used in various electric power tools (¶0025) and teaches an electric motor (12) that is attached to a gearbox assembly (20) that comprises a transmission assembly for transmitting power outputted by the motor to the working head wherein the transmission assembly comprises a planet gear deceleration assembly with various torque ratios (¶s 0027-0035). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Pham by using a planetary gear deceleration transmission assembly as taught by LI for the purpose of selectively controlling the torque output of the motor to the rotating shaft. It is noted that the use of planetary gearing in electric rotary tools is old and well known and any known assembly could be reasonably utilized between an electric motor and rotating shaft. Regarding claim 16, Pham discloses an electric weeder (Figure 7), comprising: a body comprising a housing (302) for connecting a power supply (battery) and a drive mechanism at least partly accommodated in the housing; and a working head (pointed to by indicator 110 of figure 7) driven by the body and movably connected to the body (via shaft 104), wherein the drive mechanism comprises a motor for driving the working head to rotate around a first axis (an electric motor is understood to be within the housing), Pham discloses multiple battery powered drill embodiments and is considered to comprise some form of transmission assembly however is lacking specific mention of the drill body’s transmission and details drawn to it. LI discloses a power tool with a transmission that may be used in various electric power tools (¶0025) and teaches an electric motor (12) that is attached to a gearbox assembly (20) that comprises a transmission assembly for transmitting power outputted by the motor to the working head wherein the transmission assembly comprises a planet gear deceleration assembly with various torque ratios (¶s 0027-0035). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Pham by using a planetary gear deceleration transmission assembly as taught by LI for the purpose of selectively controlling the torque output of the motor to the rotating shaft. It is noted that the use of planetary gearing in electric rotary tools is old and well known and any known assembly could be reasonably utilized between an electric motor and rotating shaft. Pham further discloses the same general structural conditions as applicant, however Pham is lacking a length of the tool. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the length of the tool greater than or equal to 700 mm and less than or equal to 1300 mm since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Regarding claims 17-20, Pham discloses an electric weeder (Figure 7), comprising: a body comprising a housing (302) for connecting a power supply (battery pack attached to the back outer side wall of the housing) and a drive mechanism at least partly accommodated in the housing; and a working head (pointed to by indicator 110 of figure 7) driven by the body and movably connected to the body (via shaft 104), wherein the drive mechanism comprises a motor for driving the working head to rotate around a first axis (an electric motor is understood to be within the housing), the drive mechanism has a first working mode in which the drive mechanism drives the working head to screw into a workplane and a second working mode in which the drive mechanism drives the working head to screw out of the workplane (¶0043 discloses two directions of rotation into and out of the ground), and an output rotational speed of the working head is less than or equal to 400 RPM in the first working mode (¶0040). Pham discloses multiple battery powered drill embodiments and is considered to comprise some form of transmission assembly however is lacking specific mention of the drill body’s transmission and details drawn to it. LI discloses a power tool with a transmission that may be used in various electric power tools (¶0025) and teaches an electric motor (12) that is attached to a gearbox assembly (20) that comprises a transmission assembly for transmitting power outputted by the motor to the working head wherein the transmission assembly comprises a planet gear deceleration assembly with various torque ratios (¶s 0027-0035). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Pham by using a planetary gear deceleration transmission assembly as taught by LI for the purpose of selectively controlling the torque output of the motor to the rotating shaft. It is noted that the use of planetary gearing in electric rotary tools is old and well known and any known assembly could be reasonably utilized between an electric motor and rotating shaft. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Crady (USPN 6595298) Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J BEHRENS whose telephone number is (303)297-4336. The examiner can normally be reached M-F 9am-2pm MST. 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, Joseph M. Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ADAM J BEHRENS/Primary Examiner, Art Unit 3671
Read full office action

Prosecution Timeline

Aug 29, 2023
Application Filed
Mar 11, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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WEED SEED DESTRUCTION
2y 5m to grant Granted Apr 14, 2026
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AUTOMATIC HEIGHT CONTROL FOR SUGARCANE HARVESTERS
2y 5m to grant Granted Mar 24, 2026
Patent 12575554
Methods, Systems and Apparatus to Extract One or More Weeds
2y 5m to grant Granted Mar 17, 2026
Patent 12575471
DOWNFORCE CONTROL SYSTEM FOR A FINISHING FRAME OF A TILLAGE IMPLEMENT
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
90%
With Interview (+13.1%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 549 resolved cases by this examiner. Grant probability derived from career allow rate.

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