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 .
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 .
Introduction
Claims 1-20 are currently pending in this application and are subject to examination herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2011/0088362 to Rosa et al. (hereinafter Rosa).
Regarding claim 16, Rosa discloses a push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]), comprising:
a motor (blade motor 54) (Figs. 2, 28-29; Paras. [0045]-[0046], [0050], [0057], [0063]-[0065], [0073], [0076]-[0079]) driving a cutting part (cutting mechanism 14 and/or blade(s) 16) (Figs. 1, 18-19, 28-29; Paras. [0045]-[0046]) to rotate to mow (Paras. [0050], [0065];
a body (mower deck 50 and/or shroud 13) (Figs. 2, 6-7, 18-19, 23, 28; Paras. [0046]-[0047], [0049]-[0050], [0052][0063], [0067]-[0069], [0072], [0076]-[0077], [0081]) accommodating at least part of the motor (blade motor 54) (Figs. 2, 28-29; Paras. [0045]-[0046], [0050], [0057], [0063]-[0065], [0073], [0076]-[0079]);
a traveling device (drive mechanism 18, drive motor 56, 57, 58, 59, 59A and/or drive wheels 30) (Figs. 1-2, 6-7, 18-21, 23, 26-28, 31; Paras. [0045]-[0046], [0049], [0057], [0063]-[0064], [0066], [0073]-[0080]) comprising traveling wheels (driving wheels 30) (Figs. 1-2, 6-7, 18-21, 23, 26-28, 31; Paras. [0045], [0049], [0064], [0073]-[0075]);
a handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) connected to the body (mower deck 50 and/or shroud 13) (Figs. 2, 6-7, 18-19, 23, 28; Paras. [0046]-[0047], [0049]-[0050], [0052][0063], [0067]-[0069], [0072], [0076]-[0077], [0081]) and configured for a user to hold; and
an operating device (user interface 22, blade bail 101 and/or drive bail 102) (Figs. 1-2, 12, 16-17, 21, 23, 31; Paras. [0045], [0055]-[0057], [0063]-[0066]) configured for the user to operate comprising a first operating member movable relative to the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) to control a traveling mode of the push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]) and a second operating member movable relative to the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) to control output power of the push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]), wherein the first operating member (blade bail 101) (Fig. 17; Paras. [0063]-[0065]) comprises a first operating portion (blade bail 101) (Fig. 17; Paras. [0063]-[0065]) disposed on a side of the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) away from the user (see Fig. 17), and the second operating member (drive bail 102) (Fig. 17; Para. [0063]) comprises a second operating portion (drive bail 102) (Fig. 17; Para. [0063]) disposed on a side of the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) close to the user (see Fig. 17).
Regarding claim 17, Rosa discloses a push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]), comprising:
a motor (blade motor 54) (Figs. 2, 28-29; Paras. [0045]-[0046], [0050], [0057], [0063]-[0065], [0073], [0076]-[0079]) driving a cutting part (cutting mechanism 14 and/or blade(s) 16) (Figs. 1, 18-19, 28-29; Paras. [0045]-[0046]) to rotate to mow (Paras. [0050], [0065];
a body (mower deck 50 and/or shroud 13) (Figs. 2, 6-7, 18-19, 23, 28; Paras. [0046]-[0047], [0049]-[0050], [0052][0063], [0067]-[0069], [0072], [0076]-[0077], [0081]) accommodating at least part of the motor (blade motor 54) (Figs. 2, 28-29; Paras. [0045]-[0046], [0050], [0057], [0063]-[0065], [0073], [0076]-[0079]);
a traveling device (drive mechanism 18, drive motor 56, 57, 58, 59, 59A and/or drive wheels 30) (Figs. 1-2, 6-7, 18-21, 23, 26-28, 31; Paras. [0045]-[0046], [0049], [0057], [0063]-[0064], [0066], [0073]-[0080]) comprising traveling wheels (driving wheels 30) (Figs. 1-2, 6-7, 18-21, 23, 26-28, 31; Paras. [0045], [0049], [0064], [0073]-[0075]);
a handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Para. [0063], [0065]-[0066], [0081]-[0082]) connected to the body (mower deck 50 and/or shroud 13) (Figs. 2, 6-7, 18-19, 23, 28; Paras. [0046]-[0047], [0049]-[0050], [0052][0063], [0067]-[0069], [0072], [0076]-[0077], [0081]) and configured for a user to hold; and
an operating device (user interface 22, blade bail 101 and/or drive bail 102) (Figs. 1-2, 12, 16-17, 21, 23, 31; Paras. [0045], [0055]-[0057], [0063]-[0066]) configured for the user to operate comprising a first operating member (blade bail 101) (Fig. 17; Paras. [0063]-[0065]) movable relative to the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) to control a traveling mode of the push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]) and a second operating member (drive bail 102) (Fig. 17; Para. [0063]) movable relative to the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) to control output power of the push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]), wherein the first operating member (blade bail 101) (Fig. 17; Paras. [0063]-[0065]) is disposed on a side of the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) away from the user (see Fig. 17), and the second operating member (drive bail 102) (Fig. 17; Para. [0063]) is disposed on a side of the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]) close to the user (see Fig. 17).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosa.
Regarding claim 1, Rosa discloses a push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]), comprising:
a motor (blade motor 54) (Figs. 2, 28-29; Paras. [0045]-[0046], [0050], [0057], [0063]-[0065], [0073], [0076]-[0079]) driving a cutting part (cutting mechanism 14 and/or blade(s) 16) (Figs. 1, 18-19, 28-29; Paras. [0045]-[0046]) to rotate to mow (Paras. [0050], [0065];
a body (mower deck 50 and/or shroud 13) (Figs. 2, 6-7, 18-19, 23, 28; Paras. [0046]-[0047], [0049]-[0050], [0052][0063], [0067]-[0069], [0072], [0076]-[0077], [0081]) accommodating at least part of the motor (blade motor 54) (Figs. 2, 28-29; Paras. [0045]-[0046], [0050], [0057], [0063]-[0065], [0073], [0076]-[0079]);
a traveling device (drive mechanism 18, drive motor 56, 57, 58, 59, 59A and/or drive wheels 30) (Figs. 1-2, 6-7, 18-21, 23, 26-28, 31; Paras. [0045]-[0046], [0049], [0057], [0063]-[0064], [0066], [0073]-[0080]) comprising traveling wheels (driving wheels 30) (Figs. 1-2, 6-7, 18-21, 23, 26-28, 31; Paras. [0045], [0049], [0064], [0073]-[0075]);
a handle (handle frames 103, handle grip 105 and/or handle plates 200) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Para. [0063], [0065]-[0066], [0081]-[0082]) connected to the body (mower deck 50 and/or shroud 13) (Figs. 2, 6-7, 18-19, 23, 28; Paras. [0046]-[0047], [0049]-[0050], [0052][0063], [0067]-[0069], [0072], [0076]-[0077], [0081]) and configured for a user to hold; and
an operating device (user interface 22, blade bail 101 and/or drive bail 102) (Figs. 1-2, 12, 16-17, 21, 23, 31; Paras. [0045], [0055]-[0057], [0063]-[0066]) configured for the user to operate comprising a first operating member (drive bail 102) (Fig. 17; Para. [0063]) movable relative to the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Para. [0063], [0065]-[0066], [0081]-[0082]) to control a traveling mode of the push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]) and a second operating member (blade bail 101) (Fig. 17; Paras. [0063]-[0065]) movable relative to the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Para. [0063], [0065]-[0066], [0081]-[0082]) to control output power of the push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]), wherein the first operating member comprises a first operating portion (drive bail 102) (Fig. 17; Para. [0063]) disposed on a side of the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Para. [0063], [0065]-[0066], [0081]-[0082]) facing the user (see Fig. 17), and the second operating member (blade bail 101) (Fig. 17; Paras. [0063]-[0065]) comprises a second operating portion (blade bail 101) (Fig. 17; Paras. [0063]-[0065]) disposed on a side of the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Para. [0063], [0065]-[0066], [0081]-[0082]) facing away from the user (see Fig. 17).
However, Rosa does not disclose the first operating portion being disposed on a side of the handle facing away from the user or the second operating portion being disposed on a side of the handle facing the user. In Rosa, the handles are reversed with the first operating portion disposed on a side of the handle facing the user and the second operating portion disposed on a side of the handle facing away from the person. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to flip the positions (or, alternatively, flip the operation function) of the blade bail 101 and drive bail 102 of Rosa such that the blade bail is disposed on a side of the handle facing the user and the drive bail is disposed on the opposite side of the handle facing away from the user, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C); In re Japikse, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 2, Rosa teaches the push power tool of claim 1 (see above). Furthermore, Rosa discloses that the first operating portion is configured for the user to rotate by a certain angle toward the handle (Fig. 17; Paras. [0063]-[0065]). However, Rosa does not expressly disclose that the angle is greater than or equal to 10° and less than or equal to 60°. Nevertheless, in cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. See MPEP 2144.05(III)(A). As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553, 555, 188 USPQ 7, 9 (CCPA 1975).
Regarding claim 11, Rosa teaches the push power tool of claim 1 (see above). Furthermore, Rosa discloses a push power tool (mower 10) (Abstract; Figs. 1-2, 22-23, 31; Paras. [0045]-[0046], [0049]-[0051], [0054], [0063]-[0067], [0071]-[0073]) wherein the handle (handle frames 103, handle grip 105 and/or handle plates 200) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Para. [0063], [0065]-[0066], [0081]-[0082]) comprises connecting portions (aperture 215, peg 214, knob contact 213, pin 216 and/or opening 218) (Fig. 30; Para. [0082]) mounted to the body (mower deck 50 and/or shroud 13) (Figs. 2, 6-7, 18-19, 23, 28; Paras. [0046]-[0047], [0049]-[0050], [0052][0063], [0067]-[0069], [0072], [0076]-[0077], [0081]) and a grip (graspable knob 212) (Fig. 30; Para. [0082]) for the user to hold, and the grip (graspable knob 212) (Fig. 30; Para. [0082]) is integrally formed with the connecting portions (see Fig. 30; Para. [0082]).
Regarding claim 18, Rosa discloses the push power tool of claim 17 (see above). Furthermore, Rosa discloses that the first operating member (blade bail 101) (Fig. 17; Paras. [0063]-[0065]) is configured for the user to rotate by a certain angle toward the handle (handle frames 103 and/or handle grip 105) (Figs. 2, 6-7, 12, 15-17, 21, 23, 26-28, 30-31; Paras. [0063], [0065]-[0066], [0081]-[0082]). However, Rosa does not expressly disclose that the angle is greater than or equal to 10° and less than or equal to 60°. Nevertheless, in cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. See MPEP 2144.05(III)(A). As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553, 555, 188 USPQ 7, 9 (CCPA 1975).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosa in view of Japanese Pat. Pub. No. S61152224 to Miyawaki.
Regarding claim 12, Rosa teaches the push power tool of claim 1 (see above). However, Rosa does not disclose that the push power tool further comprises a front height adjustment mechanism, the front height adjustment mechanism is used for adjusting a height of a front part of the body relative to the ground and comprises a first elastic member and a front height adjustment rotating shaft, one end of the first elastic member is connected to the body, and another end of the first elastic member is connected to the front height adjustment rotating shaft.
Nevertheless, Miyawaki teaches a push power tool (Fig. 1) that comprises a height adjustment mechanism, the height adjustment mechanism is used for adjusting a height of a part of the body (housing 4) (Figs. 6-7; P. 1, lines 14-44) relative to the ground and comprises a first elastic member (18) (Figs. 6-7; P. 2, lines 27-47) and a height adjustment rotating shaft (19) (Figs. 6-7), one end of the first elastic member (18) (Figs. 6-7; P. 2, lines 27-47) is connected to the body (housing 4) (Figs. 6-7; P. 1, lines 14-44), and another end of the first elastic member (18) (Figs. 6-7; P. 2, lines 27-47) is connected to the height adjustment rotating shaft (via 13) (see Figs. 6-7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool discloses in Rosa with the wheel height adjustment mechanism taught by Miyawaki on either the front wheels or the rear wheels, or both, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosa in view of German Pat. Pub. No. DE 3627208 C1 to Dell et al. (hereinafter Dell).
Regarding claim 13, Rosa teaches the push power tool of claim 1 (see above). However, Rosa does not disclose that the push power tool further comprises a rear height adjustment mechanism, the rear height adjustment mechanism is used for adjusting a height of a rear part of the body relative to the ground and comprises a second elastic member and a rear height adjustment rotating shaft, one end of the second elastic member is connected to the body, and another end of the second elastic member is connected to the rear height adjustment rotating shaft. Nevertheless, Dell teaches a push power tool that comprises a rear height adjustment mechanism, the rear height adjustment mechanism is used for adjusting a height of a rear part of the body (see Fig. 1) relative to the ground and comprises a second elastic member (spring 22) (Fig.1; P. 3, lines 8-11) and a rear height adjustment rotating shaft (9a) (Fig. 1), one end of the second elastic member (spring 22) (Fig.1; P. 3, lines 8-11) is connected to the body (see Fig. 1), and another end of the second elastic member (spring 22) (Fig.1; P. 3, lines 8-11) is connected to the rear height adjustment rotating shaft (9a) (Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool taught by Rosa in view of Miyawaki with the rear height adjustment mechanism taught in Dell with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosa in view of Miyawaki and further in view of Dell.
Regarding claim 14, Rosa teaches the push power tool of claim 1 (see above). However, Rosa does not disclose the push power tool further comprising a front height adjustment mechanism for adjusting a height of a front part of the body relative to the ground and a rear height adjustment mechanism for adjusting a height of a rear part of the body relative to the ground, wherein the front height adjustment mechanism comprises a torsion spring, and the rear height adjustment mechanism comprises a tension spring.
Nevertheless, Miyawaki teaches a push power tool (Fig. 1) that comprises a height adjustment mechanism, the height adjustment mechanism is used for adjusting a height of a part of the body (housing 4) (Figs. 6-7; P. 1, lines 14-44) relative to the ground, wherein the height adjusting mechanism comprises a torsion spring (18) (Figs. 6-7; P. 2, lines 27-47). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool discloses in Rosa with the wheel height adjustment mechanism taught by Miyawaki on either the front wheels or the rear wheels, or both, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Furthermore, Dell teaches a push power tool that comprises a rear height adjustment mechanism, the rear height adjustment mechanism is used for adjusting a height of a rear part of the body (see Fig. 1) relative to the ground, wherein the rear height adjustment mechanism comprises a tension spring. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool taught by Rosa in view of Miyawaki with the rear height adjustment mechanism taught in Dell with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosa in view of U.S. Pat. Pub. No. 2014/0290006 to Ejdehag et al. (hereinafter Ejdehag).
Regarding claim 15, Rosa teaches the push power tool of claim 1 (see above). However, Rosa does not disclose that the push power tool further comprises a handle height adjustment mechanism, the handle height adjustment mechanism comprises an external toothed disc, an internal toothed disc, and a knob, the internal toothed disc is disposed on the body, the external toothed disc rotates in mesh with the internal toothed disc, and the knob penetrates a connecting portion of the handle and is movably connected to the external toothed disc. Nevertheless, Ejdehag teaches a push power tool (walk-behind power tool 1) (Figs. 1-4) that comprises a handle height adjustment mechanism (handle height adjustment device 100) (Abstract; Figs. 1-6, 9-10; Paras. [0036]-[0040], [0045]-[0046]), the handle height adjustment mechanism (handle height adjustment device 100) (Abstract; Figs. 1-6, 9-10; Paras. [0036]-[0040], [0045]-[0046]) comprises an external toothed disc (first toothed disk member 200) (Abstract; Figs. 5-6; Para. [0048], [0053]-[0054], [0060], [0064], [0074]-[0075], [0079]), an internal toothed disc (second toothed disk member 300) (Abstract; Figs. 5-6; Paras. [0055], [0057]-[0060], [0068], [0074]-[0075]), and a knob (knob 600) (Figs. 5-6; Paras. [0061], [0080], [0083]), the external toothed disc (first toothed disk member 200) (Abstract; Figs. 5-6; Para. [0048], [0053]-[0054], [0060], [0064], [0074]-[0075], [0079]) rotates in mesh with the internal toothed disc (second toothed disk member 300) (Abstract; Figs. 5-6; Paras. [0055], [0057]-[0060], [0068], [0074]-[0075]), and the knob (knob 600) (Figs. 5-6; Paras. [0061], [0080], [0083]) penetrates a connecting portion (hole 202) (Figs. 5-6; Para. [0054]) of the handle (handle assembly 2) (Figs. 1-4; Paras. [0035], [0037], [0041], [0045]-[0046], [0049], [0055]-[0056], [0071]-[0073]) and is movably connected to the external toothed disc (first toothed disk member 200) (Abstract; Figs. 5-6; Para. [0048], [0053]-[0054], [0060], [0064], [0074]-[0075], [0079]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool disclosed in Rosa with the handle height adjustment mechanism taught in Ejdehag with a reasonable expectation of success in order to provide a handle assembly which is convenient for operators of various sizes, as taught in Ejdehag (Paras. [0003]-[0004], [0037]). However, while Ejdehag teaches locating the handle height adjustment mechanism at various positions along the handle (see Figs. 1-4), Ejdehag does not expressly disclose that the internal toothed disc is disposed on the body of the push power tool. Nevertheless, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Rosa in view of Ejdehag with a reasonable expectation of success in order to move the handle height adjustment mechanism to any desired position along the length of the handle including placing it as the connection point of the handle by having the internal toothed disc disposed on the body of the power push tool, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C); In re Japikse, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Claim(s) 3-4 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosa in view of U.S. Pat. Pub. No. 2023/0098509 to Shaffer et al. (hereinafter Shaffer).
Regarding claim 3, Rosa teaches the push power tool of claim 1 (see above). However, Rosa does not disclose that the push power tool further comprises a mounting shaft connected to the handle through connectors, and the operating device is disposed on the mounting shaft. Nevertheless, Shaffer teaches a push power tool (Abstract; Fig. 1) that comprises a mounting shaft (pivotal hand grip 24) (Figs. 1-2; Paras. [0025]-[0026]) connected to the handle (handle 18 comprising tubes 20 and/or cross tube 22) (Figs. 1-2; Paras. [0024]-[0025]) through connectors (compliant mechanism(s) 28) (Fig. 3; Paras. [0028]-[0029]), and the operating device (pivotal bail 26) (Fig. 3; Paras. [0025]-[0026]) is disposed on the mounting shaft (pivotal hand grip 24) (Figs. 1-2; Paras. [0025]-[0026]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool disclosed in Rosa with the mounting shaft connected to the handle through connectors, and the operating device is disposed on the mounting shaft taught in Shaffer with a reasonable expectation of success in order to provide an effective and intuitive user interface for the user of the push power tool with less complexity and cost, as taught in Shaffer (Paras. [0004]-[0005]). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool disclosed in Rosa with the mounting shaft connected to the handle through connectors, and the operating device is disposed on the mounting shaft taught in Shaffer with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 4, Rosa in view of Shaffer teaches the push power tool of claim 3 (see above). Furthermore, Shaffer teaches that the push power tool (Abstract; Fig. 1) further comprises a switch box (housing containing switch 98) (Fig. 6; Para. [0041]-[0042]) disposed on the mounting shaft (pivotal hand grip 24) (Figs. 1-2; Paras. [0025]-[0026]), and the switch box (housing containing switch 98) (Fig. 6; Para. [0041]-[0042]) is operated by the user to control the push power tool (Paras. [0041]-[0042]).
Regarding claim 19, Rosa discloses the push power tool of claim 17 (see above). However, Rosa does not disclose that the push power tool further comprises a mounting shaft connected to the handle through connectors, and the operating device is disposed on the mounting shaft. Nevertheless, Schaffer teaches a push power tool (Abstract; Fig. 1) that comprises a mounting shaft (pivotal hand grip 24) (Figs. 1-2; Paras. [0025]-[0026]) connected to the handle (handle 18 comprising tubes 20 and/or cross tube 22) (Figs. 1-2; Paras. [0024]-[0025]) through connectors (compliant mechanism(s) 28) (Fig. 3; Paras. [0028]-[0029]), and the operating device (pivotal bail 26) (Fig. 3; Paras. [0025]-[0026]) is disposed on the mounting shaft (pivotal hand grip 24) (Figs. 1-2; Paras. [0025]-[0026]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool disclosed in Rosa with the mounting shaft connected to the handle through connectors and the operating device is disposed on the mounting shaft as taught in Shaffer with a reasonable expectation of success in order to provide an effective and intuitive user interface for the user of the push power tool with less complexity and cost, as taught in Shaffer (Paras. [0004]-[0005]). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the push power tool disclosed in Rosa with the mounting shaft connected to the handle through connectors and the operating device is disposed on the mounting shaft taught in Shaffer with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 20, Rosa in view of Shaffer teaches the push power tool of claim 19 (see above). Furthermore, Shaffer discloses that the push power tool (Abstract; Fig. 1) further comprises a switch box (housing containing switch 98) (Fig. 6; Para. [0041]-[0042]) disposed on the mounting shaft (pivotal hand grip 24) (Figs. 1-2; Paras. [0025]-[0026]), and the switch box (housing containing switch 98) (Fig. 6; Para. [0041]-[0042]) is operated by the user to control the push power tool (Paras. [0041]-[0042]).
Allowable Subject Matter
Claims 5-10 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. U.S. Pat. Pub. Nos. 2023/0049230 to Graham et al. and 2020/0068802 to Laurin et al.; and Int’l. Pat. Pub. No. WO 2024/006111 A1 to Shaffer et al. relate to push power tools with bail handles used to control functions. U.S. Pat. Nos. 4,525,989 to Lane et al.; 4,321,784 to Wood et al.; 4,905,463 to Eilles; and Int’l. Pat. Pub. No. WO 2024/006111 A1 to Shaffer et al.; and European Pat. Pub. No. EP 2 875 710 A1 to Quigley et al.; and Chinese Pat. Pub. No. CN 201557389 U to Ye; and Japanese Pat. Pub. Nos. S61-152224 to Miyawaki and H01-720727 U relate to height adjustment mechanisms for push power tools. Chinese Pat. Pub. No. CN 201167481 Y to Ni relates to a handle height adjustment mechanisms for a push power tool.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671