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 .
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.
Claim Objections
Claim 1 is objected to because of the following informalities: The limitation of “serrated teeth blade” in claim 1 is inconsistent with preceding terminology. Consider ––serrated blade––. Appropriate correction is required.
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.
Claims 1 and 2are rejected under 35 U.S.C. 103 as being unpatentable over Cottar (US 2806240).
1. Cottar teaches a scraper capable of being used to clean the bottom deck of a lawnmower comprising:
a) an elongated handle (4);
b) a serrated blade (5) positioned at the distal end of the handle, the serrated blade having serrated teeth (5 includes teeth between undercuts 6, see Cottar fig. 4) positioned facing away from the elongated handle and a first side and a second side (5 has edges 7, Cottar fig. 1); and
c) a pair of straight edge blades (9) positioned with one straight edge blade on the first side and another straight edge blade on the second side of the serrated blade perpendicular and distal to the serrated teeth blade (side wings 8 have straight edges and include forward portions 9 perpendicular to 5 and positioned on edges 7, Cottar fig. 1).
2. Cottar teaches the deck scraper according to claim 1, wherein the elongated handle has a gripping surface (outer surface of 4 is capable of being gripped).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Laurens et al. (EP 2263437 A1) teaches a scraper for cleaning mowers. Greenberger (US 10710122 B2), Klier et al. (US 9969366 B2), and Kreiser (US 5435612 A) teach scrapers having relevant structure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN R ZAWORSKI whose telephone number is (571)272-7804. The examiner can normally be reached Monday-Thursday 8:00-5:00, Fridays 9:00-1:00.
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/J.R.Z./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723