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 because Figure 3c shows 153 on handle 150, but ¶0045 describes 156 as an arcuate groove. Figure 3c also shows 158 at multiple locations, but is described as a cable mounting point. 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 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.
Claim(s) 1-4, 7, 8, 10, 13, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baker US9386743.
Regarding claim 1, Baker teaches a power tool (mower) comprising:
a working tool housing 16;
a power source (which necessarily is provided to power the gas engine 18 or the electric motor, as described below) coupled to the housing 16;
a motor 18 (wherein the engine is considered a motor since it provides motive force. Column 3: 42-43 “ engine 18, such as a gasoline powered engine or an electric motor”) selectively powered by the power source (Column 3: 44-45 “Operation of the engine 18 may be initiated by a recoil starter via pulling of a recoil starter handle by the operator”. Such initiation is considered the claimed “selectively powered”);
a drive shaft Column 3: 40-41 coupled to the motor 18 and defining an axis of rotation (in which a drive shaft necessarily provides an axis of rotation, as it is required to provide the driven motion);
a handle 32 coupled to the housing 16; and
a handle adjustment system 100 configured to enable the handle 32 to move between different positions (rotate along notches 122 shown in Figure 4) relative to the housing 16, the handle adjustment system 100 comprising:
a handle adjustment grip 34;
at least one cable 36 coupled to the handle adjustment grip 34 at a first end (top) and coupled to a locking wedge 210 (best shown in Figure 4) at a second end (bottom); and
a spring 220, wherein engagement of the handle adjustment grip 34 in a first direction 370 (shown in Figure 7) enables a position of the handle to be moved (Column 6: 48-51 “directional arrow 370 may place the operator bail 34 in the pushed position, which may provide tension on the cable 36 to actuate the ability to pivot the handle as described above in relation to the descriptions of FIGS. 2-6”) relative to the housing 16.
Regarding claim 2, Baker teaches at least one handle bracket 110 extending from the housing 16 to the handle to couple the housing 16 to the handle, wherein engagement of the handle adjustment grip 34 in the first direction 370 pulls (against spring 220) the at least one cable 36 such that the locking wedge 210 at the second end (bottom) of the cable 36 is moved upward (towards the upper left corner of Figure 4) away from the housing 16 to separate the handle (via separating wedge 210 from grooves 122) from the handle bracket 110.
Regarding claim 3, Baker teaches that a grip section (the cross bar connecting 36) of the handle can be moved toward the housing 16 when the handle and the handle bracket 110 are separated.
Regarding claim 4, Baker teaches that the spring 220 is configured to urge the locking wedge 210 toward the handle bracket 110 when the cable 36 is not pulled by the handle adjustment grip 34.
Regarding claim 7, Baker teaches that the handle comprises a first elongated shaft (one of 32), a second elongated shaft (the other of 32), and a grip section (the horizontal cross bar connecting 32 as shown in Figure 1) extending between the first elongated shaft and the second elongated shaft, further wherein the at least one cable 36 extends within one of the first elongated shaft and the second elongated shaft (Figure 1 shows two such cables 36 for each of 32).
Regarding claim 8, Baker teaches that the at least one cable 36 comprises a first cable (one of 36, wherein Figure 1 show a left and right 36) and a second cable (the other of 36), wherein the first cable 36 extends within the first elongated shaft (respective 32) and the second cable 36 extends within the second elongated shaft (respective 32).
Regarding claim 10, Baker teaches that engagement of the handle adjustment grip 34 in the first direction 370 enables a grip section (horizontal portion of 34) of the handle to be moved towards the housing 16 (as shown in Figure 7, wherein arrow 370 is towards the housing).
Regarding claim 13, Baker teaches that the housing 16 further comprises a debris egress location 24 comprising a door 42 configured to close or open an outlet (opening for 24) of the debris egress location 24, wherein the door 42 comprises a rotatable handle 410 configured to pivot (Column 7: 16-25 and Column 8: 8-21) the door 42 between a closed position (downwards) and an open position (upwards).
Regarding claim 19, Baker teaches a handle adjustment mechanism 100 configured for use with a walk behind power tool (mower 10), the handle adjustment mechanism comprising:
a handle 32 configured to be coupled to a working tool housing 16 of the power tool, the handle comprising a first shaft (left side 32), a second shaft (right side 32), and a grip portion (horizontal portion engaged by operator 12) extending between the first shaft and the second shaft;
a handle adjustment grip 34;
at least one cable 36 coupled to the handle adjustment grip 34 at a first end (top) and coupled to a locking wedge 210 at a second end (bottom); and
a spring 220, wherein engagement of the handle adjustment grip 34 in a first direction 370 enables a position of the handle to be moved (as described above) relative to the working tool housing 16 of the power tool.
Regarding claim 20, Baker teaches a method of adjusting a handle 32 of a walk behind power tool 10, the method comprising steps of:
providing a walk behind power tool 10, the power tool comprising a working tool housing 16, a handle coupled to the housing 16, and a handle adjustment system 100 configured to enable the handle to move between different positions relative to the housing 16;
engaging a handle adjustment grip 34 of the handle adjustment system 100 in a first direction 370;
pulling a cable 36 coupled to the handle adjustment grip 34 in the first direction 370;
disengaging a locking wedge 210 of the handle adjustment system 100 from a locked position by pulling with the cable 36; and
pivoting the handle relative to the housing 16.
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 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.
Claim(s) 5, 6, 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker in view of Barnard, et al. US4936160.
Regarding claim 5, Baker teaches the invention substantially as claimed, as described above, but does not teach that the handle adjustment grip 34 comprises at least one arcuate groove, wherein the at least one cable 36 is coupled to the at least one arcuate groove and the at least one cable 36 is configured to be pulled into the at least one arcuate groove in a circumferential direction when the handle adjustment grip 34 is engaged in the first direction 370.
Barnard, et al. teaches that it is known in the art for a walk-behind device (Column 1: 10-11 describes a walk-behind lawnmower) with a handle 32 to provide a cable 14/22 management system in which a handle adjustment grip 34 comprises least one arcuate groove 64 (best shown in dashed lines in Figure 6, provided as an arcuate/circular shape), wherein the at least one cable 14/22 is coupled to the at least one arcuate groove (as shown in Figure 6) and the at least one cable is configured to be pulled into the at least one arcuate groove in a circumferential direction (around the dashed lines shown in Figure 6) when the handle adjustment grip is engaged in the first direction (arrow shown in Figure 2).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Baker’s cable engagement system to be replaced with Barnard, et al.’s circular groove for cable engagement with a reasonable expectation of success in providing cable coupling and pulling in a more linearly compact cable pulling, since the cable is wound around the wheel that holds groove 64, rather than the cantilevered scheme of Baker.
Regarding claim 6, Barnard, et al. teaches that the arcuate groove is formed about a circumference of a wheel (the wheel shown in Figure 6, bounded by sidewall 50) of the handle adjustment grip 34.
Regarding claim 11, Barnard, et al. teaches that the handle adjustment grip 34 is coupled to the grip section of the handle, further wherein the handle adjustment grip 34 comprises a user engagement section 42 extending from the grip section (horizontal part of 32) of the handle and at least one wheel (as described above) rotatably mounted within the grip section of the handle (since the wheel is held inside the outer perimeter of 32, as shown in Figure 1).
Regarding claim 12, Barnard, et al. teaches that engagement of the handle adjustment grip 34 in the first direction (the arrow shown in Figure 2 to move the grip portions into the positions the dashed lines indicate) comprises rotation of the handle adjustment grip 34 about an axis (the centerline of Figures 5-9 to enable rotation of the handle 34 as shown in these Figures) formed by a mounting axis (as shown in Figures 5-9, wherein the mounting axis is aligned with the axis described above) of the at least one wheel within the grip section of the handle (wherein the wheel is positioned inside the outer periphery of the handle 32, as shown in Figure 1).
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker in view of Sasaki, et al. US2023/0246281.
Regarding claim 14, Baker teaches the invention substantially as claimed, as described above, but does not teach that the power source comprises a battery, further comprising a battery locking mechanism configured to secure the battery in place relative to the housing 16.
Baker does teach that 18 can be an electric motor, as described above.
Sasaki, et al. teaches a lawn mower (Figure 1) with a power source comprises a battery 30 (battery unit ¶0034) to power an electric motor 2, further comprising (shown in Figure 8) a battery locking mechanism 40 configured to secure the battery in place relative to the housing 16 (as shown in Figure 9c, wherein 402 is engaged with 302), to fix the battery while being housed (¶0051 “battery unit 30 is fixed while being housed”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Baker’s motor to include a battery to power the motor and provide a battery locking mechanism, as taught by Sasaki, et al. with a reasonable expectation of success in enabling the battery to be locked when it is installed.
Regarding claim 15, Sasaki, et al. teaches that the battery locking mechanism comprises a lever 401 and a spring 404, wherein in a first lever position (Figure 9c), the spring exerts a force onto the lever to secure the lever into a detent 302 on the battery 30, and in a second position (Figure 9b), the spring exerts a force onto the lever to secure the lever into a detent 221a in the housing, wherein the lever is rotatable (on pivot 403) from the first position to the second position.
Claim(s) 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker in view of Oberdick US3014330.
Regarding claim 16, Baker teaches the invention substantially as claimed, as described above, but does not teach that the housing 16 comprises a baffle integrally formed on a lower side of the housing 16.
Oberdick teaches that it is known for a lawnmower 10 to have a baffle 41 on a lower side of the housing 14 (as best shown in Figure 3). Column 2: 47-51 teaches that the baffle “forms with the deck 13, the upturned rear wall 42 and walls 15 and 17 of the mower a substantially semicircular tunnel, within which the cutter blade travels during one-half of its rotation”.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Baker’s housing to include Oberdick’s baffle with a reasonable expectation of success in providing a semicircular tunnel to house the cutter blade during at least one-half of its rotation. Doing so would protect the blade during rotation from damage.
Regarding claim 18, Baker teaches the invention substantially as claimed, as described above, but does not teach that the housing 16 comprises one or more snap- on features configured to secure one or more of an axle and a top cover of the power tool in place relative to the housing 16.
housing 16 comprises one or more snap- on features 53 (snap fasteners Column 3: 53-54) configured to secure one or more of an axle (rotation on 56) and a top cover/lid 50 of the power tool (lawnmower 10) in place relative to the housing 14 and 45. This keeps a lid for a grass collection chamber 45 for access to the chamber (when the lid is removed).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Baker’s grass collection chamber 40 (and by extension, Baker’s housing, since the grass collection chamber is attached thereto) to include a top cover such as Oberdick’s lid, using a snap-on feature with a reasonable expectation of success in providing desired top-down access to the grass collection of Baker.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker in view of Baetica, et al. US2010/0275564.
Regarding claim 17, Baker teaches the invention substantially as claimed, as described above, but does not teach that the housing 16 comprises at least one slot integrally formed with the housing 16 configured to receive a motor controller therein.
Baetica, et al. teaches a walk-behind device (lawn mower in Figure 40), and housing 10, wherein the housing (figure 41) has a slot (the region holding 26) to receive a controller 24 (wherein controller 24 includes display 26 ¶0087) therein.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Baker’s housing to include Baetica, et al.’s slot to receive a controller with a reasonable expectation of success in positioning a motor controller in the housing for the walk behind power tool.
Allowable Subject Matter
Claim 9 is 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.
The following is a statement of reasons for the indication of allowable subject matter: Baker teaches two cables, with respective first and second elongated shafts. However, Baker does not teach that the first cable is coupled near a second connecting section and the second cable is connected near a first connecting section, in combination with the first connecting section being adjacent to the first elongated shaft, the second connecting section being adjacent to the second elongated shaft, and the first and second cables extending within their respective elongated shafts. Instead, Baker teaches the first cable connecting to the first connecting section ,and the second cable connecting to the second connecting section.
Modification would not have been obvious, as this would require impermissible hindsight reasoning, and providing such crossing between the first and second cables would not prove undesirable for Baker, since the connection points are at opposite sides of the handle, thus presenting a high likelihood of entanglement. Thus a person having ordinary skill in the art would have no motivation to modify the arrangement of Baker’s cables.
Similarly, Barnard, et al. teaches the arcuate groove and wheel for cable management on opposing sides of the handle, thus also presenting a problem of entanglement if the cable system of claim 9 were attempted.
Goertzen US4392538 also does not teach the claimed cable coupling of claim 9- in fact, Goertzen only teaches a single cable. Modification would not have been obvious as Goertzen only provides a single grip to engage the adjustment cable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Goertzen teaches an adjustable handle 20 with cable 90 that actuates a wedge 60 by pulling on handle adjustment grip 28.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cathleen Hutchins whose telephone number is (571)270-3651. The examiner can normally be reached M-F 11am-9:30PM EST.
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, Nicole Coy can be reached at (571)272-5405. 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.
/CATHLEEN R HUTCHINS/Primary Examiner, Art Unit 3672 12/10/2025