DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18/491,372 filed on 02/12/2026.
Claims 1 – 10, 12 and 18 are rejected.
Claims 11, 13 – 17 are objected
Claims 19 – 20 are withdrawn.
Claims 1 – 20 are currently pending and have been examined.
Election/Restrictions
Applicant’s election without traverse of Group 1 – claims 1-18 in the reply filed on 02/12/2026 is acknowledged.
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 18 is 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. Claim 18 states of kit with components for assembling a snow blower according to any one of claim 1. This is unclear because the claim points to anyone of claim and there Is only one claim 1. Appropriate correction requested.
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.
Claim(s) 1-10, 12 – 15, 17 – 18 are rejected under 35 U.S.C. 103 as being unpatentable US PG Pub 20080196280 – Morin et al. hereinafter as MORIN In view of US PG Pub 20200399844 – Champagne et al. hereinafter as CHAMPAGNE
Regarding Claim 1
MORIN discloses
(Original) A snowblower used for blowing snow, the snowblower comprising:
a housing for receiving snow to be blown by the snowblower; ( Fig. 4– housing is the element behind the chain system ( fig. 8 - Chain case includes the cover – 28 and the enclosure for the drive system on the right side), fig. 1 snow blower apparatus – 14)
an auger being pivotably mountable about the housing, for urging snow to be blown towards an outlet of the snowblower ( fig. 1 – snowplow apparatus – 14), via a corresponding rotation of the auger; ( Fig. 4 – auger 22, housing frame - 26, outlet – 36)
a driving system ( fig. 4 – drive system includes the elements of the chain and sprockets – 92,90,62,68,78 and 70) and corresponding drive chain being operatively connectable to the auger, for selectively driving said auger in rotation with respect to the housing; ( Fig. 4 – drive chain – 68, auger - 22, housing frame - 24)
a chain case being operatively mountable about the housing, for containing and protecting the corresponding drive chain of the driving system, the chain case having an orifice being positioned, shaped and sized for receiving a corresponding segment of a shaft element of the auger extending through said orifice; and (Fig. 4 - Chain case – 28, mounted to housing– 26, shaft 46 is mounted through chain case – 28 that connects to a sprocket 92, fig. 3 – shaft orifice, see figure)
[AltContent: textbox (Chain case includes the cover – 28 and the enclosure for the drive system on the right side)]
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[AltContent: textbox (Housing behind the chain drive system - 26)][AltContent: arrow][AltContent: textbox (Drive system)][AltContent: arrow][AltContent: arrow][AltContent: ]
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MORIN discloses of a snow thrower with chain tensioner system contained exclusively inside the chain case (para. 0029 - wherein the chain is a sealed oil tight case with the tensioner 70) MORIN doesn’t explicitly disclose of a self-tensioner system, however CHAMPAGNE discloses a snow thrower with an auger element wherein the auger is driven by a chain element, the driving chain includes a self-adjusting tensioner system for automatically tensioning, CHAMPAGNE further discloses:
self-adjusting system for automatically tensioning and self-adjusting the driving chain( para. 0011 - FIG. 9 illustrates the pair of tensioning sprocket wheels 28 mounted in tandem with a spring 22 which has the advantage of self-tensioning the roller chain 19)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the snowblower (101) used for blowing snow with a chain tensioner ( fig. 4 – chain tensioner – 70) contained exclusively inside the chain case to utilize the self-adjusting system (119) for automatically tensioning and self-adjusting the driving chain as taught by CHAMPAGNE. This would allow MORIN to prevent a premature wear of the teeth and/or the roller chain. ( CHAMPAGNE - para. 0007 )
Regarding Claim 2
MORIN / CHAMPAGNE discloses claim 1
MORIN discloses:
wherein the driving system ( Fig. 4 – drive system) includes at least one drive gear being operatively and pivotably mountable about the housing ( fig. 4 –where in the tensioner – 70 reads on the drive gear – 121c , connected to housing 26 behind the chain drive system), inside the chain case , the at least one drive gear being positioned, shaped and sized for receiving a segment of the drive chain. (fig. 4 – wherein the drive gear is the chain tensioner – 70, and chain case is 28 and includes the enclosure of the chain drive system wherein this reads on the drive gear 121c, in the chain case 128)
Regarding Claim 3
MORIN / CHAMPAGNE discloses claim 2MORIN discloses of a snow thrower with chain tensioner system CHAMPAGNE discloses of a tensioner that is a self-tension that has a drive gear that includes a drive gear combination. CHAMPAGNE further discloses:
wherein the at least one drive gear includes a pivot axis being relatively displaceable via at least at least one biasing device, for operating the at least one drive gear between at least first and second different operational modes, and for in turn operating the drive chain between at least two different tensioned configurations, one of said different operational modes being biased automatically by default via the at least one biasing device. ( fig. 9 and para. 0011 – wherein the tensioner is spring biased with two drive gears – 28 each gear 28 has a pivot axis , wherein manual adjustments need to be for adjustment in tensions such that each adjustment is tension is a different operational mode)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the snowblower used for blowing snow with a chain tensioner for the chain tensions to contain elements to specific to self-tensioning wherein the at least one drive gear includes a pivot axis being relatively displaceable via at least at least one biasing device, for operating the at least one drive gear between at least first and second different operational modes, and for in turn operating the drive chain between at least two different tensioned configurations, one of said different operational modes being biased automatically by default via the at least one biasing device as taught by CHAMPAGNE. This would allow MORIN to provide self-tensioning to a chain drive setup to keep ideal contact during tension. ( CHAMPAGNE - para. 0011- where in the chain is under tension while keeping ideal contact )
Regarding Claim 4
MORIN / CHAMPAGNE discloses claim 1
MORIN discloses of a drive system with a chain tensioner within the chain case, CHAMPAGNE discloses wherein the at least one drive gear is provided about a pivot arm being operatively and pivotably mountable about the housing, so that a biasing force of the at least one biasing device in turn urges the pivot arm to pivot, and thus in turn urges the at least one drive gear to be operated towards a given operational mode by default, CHAMPAGNE further discloses:
wherein the at least one drive gear is provided about a pivot arm being operatively and pivotably mountable about the housing, so that a biasing force of the at least one biasing device in turn urges the pivot arm to pivot, and thus in turn urges the at least one drive gear to be operated towards a given operational mode by default. (fig. 9 and para. 0011 – wherein the tensioner is spring biased with two drive gears – 28 each gear 28 has a pivot axis at the center of each gear, the pivot arm shown below, biasing force spring - 22)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the snowblower used for blowing snow with a chain tensioner ( fig. 4 – chain tensioner – 7) contained exclusively inside the chain case to utilize wherein the at least one drive gear is provided about a pivot arm being operatively and pivotably mountable about the housing, so that a biasing force of the at least one biasing device in turn urges the pivot arm to pivot, and thus in turn urges the at least one drive gear to be operated towards a given operational mode by default as taught by CHAMPAGNE. This would allow MORIN to provide self-tensioning to a chain drive setup to keep ideal contact during tension. ( CHAMPAGNE - para. 0011- where in the chain is under tension while keeping ideal contact )
[AltContent: textbox (Pivot arm)][AltContent: arrow]
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Regarding Claim 5
MORIN / CHAMPAGNE discloses claim 4
CHAMPAGNE disclose the drive gear combination as taught in claim 4
wherein the at least one drive gear and corresponding pivot arm are positioned, shaped and sized with respect to one another, and wherein the at least one drive gear and corresponding pivot arm cooperate with the drive chain, so as to ensure a minimal given tension of the drive chain being required to drive the auger in rotation with respect to the housing. (fig. 9 and para. 0011 – wherein the tensioner is spring biased with two drive gears – 28 each gear 28 has a pivot axis at the center of each gear, the pivot arm shown below, drive chain – 19, biasing force spring – 22, auger driven gear sprocket – 20 *** wherein minimal given tension in drive chain is interpreted to be the ideal contact for chain so as to not over tension and cause premature wear***)
Regarding Claim 6
MORIN / CHAMPAGNE discloses claim 4
CHAMPAGNE disclose the drive gear combination as taught in claim 4
wherein the at least one drive gear includes at least first and second drive gears, each drive gear being provided about the same pivot arm. (fig. 9 and para. 0011 – wherein the tensioner is spring biased with two drive gears – 28 each gear 28 has a pivot axis at the center of each gear, the pivot arm shown below, drive chain – 19, biasing force spring – 22, auger driven gear sprocket - 20)
[AltContent: textbox (Pivot arm)][AltContent: arrow]
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Regarding Claim 7
MORIN / CHAMPAGNE discloses claim 4
CHAMPAGNE disclose the drive gear combination as taught in claim 4
wherein the first and second drive gears are pivotably mountable about opposite extremities of the pivot arm. (fig. 9 and para. 0011 – wherein the tensioner is spring biased with two drive gears – 28 each gear 28 has a pivot axis at the center of each gear, the pivot arm has gears on opposite sides of the arm, drive chain – 19, biasing force spring – 22, auger driven gear sprocket - 20)
Regarding Claim 8
MORIN / CHAMPAGNE discloses claim 4
MORIN discloses the drive system with chain tensioner within a chain case, CHAMPAGNE disclose the drive gear combination as taught in claim 4
wherein the drive gears and corresponding pivot arm are positioned, shaped and sized with respect to one another, and wherein the drive gears and corresponding pivot arm cooperate with the drive chain, so as to ensure that the drive chain passes between the first and second drive gears. (fig. 9 and para. 0011 – wherein the tensioner is spring biased with two drive gears – 28 each gear 28 has a pivot axis at the center of each gear, the pivot arm has gears on opposite sides of the arm, drive chain – 19, biasing force spring – 22, auger driven gear sprocket – 20, chain 19 passes between the drive gears - 28)
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Regarding Claim 9
MORIN / CHAMPAGNE discloses claim 1
MORIN discloses:
wherein the driving system includes a driving shaft cooperable with a corresponding driven shaft via the drive chain, and wherein the drive chain is positioned, shaped and sized for cooperating with both shafts.
wherein the drive chain is further positioned, shaped and sized for forming a closed loop about the driving and driven shafts; wherein the driving and driven shafts are provided with driving and driven gears respectively, and wherein the drive chain is further positioned, shaped and sized for forming a closed loop about said corresponding gears of the driving and driven shafts; ( Fig. 9 – see image below)
wherein the driven shaft corresponds to the shaft element of the auger.
[AltContent: arrow][AltContent: textbox (Auger 105 - 46)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Driven Shaft 125b)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Driving shaft 125a)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Drive system)][AltContent: ]
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[AltContent: textbox (Driving gear 121a - 78)]
[AltContent: textbox (Drive Chain 111- 68)][AltContent: textbox (Driven gear 121b - 92)]
wherein each gear of the snowblower is provided with corresponding teeth and recesses, the corresponding teeth of each gear being positioned, shaped and sized for engaging corresponding segments of the drive chain; ( fig. 4 - where in 121 is interpreted to reference all the gears, 121a, 121b are driving gear and driven gear, 121c is the drive gear ( tensioner gear))
Regarding Claim 10
MORIN / CHAMPAGNE discloses claim 4
CHAMPAGNE discloses the combination of the drive gear in claim 4
wherein the pivot arm is operatively and pivotably mountable about the housing via at least one self-lubricating component. (para. 0143 – where in snow blower uses tandem tensioner with oil bath)
Regarding Claim 12
MORIN / CHAMPAGNE discloses claim 1
CHAMPAGNE disclose the drive gear combination as taught in claim 1
12. (Original) A snowblower according to claim 11, wherein the at least one drive gear is removably and selectively mountable onto the pivot arm via at least one corresponding fastener. ( para. 0074 - wherein gears can be fastened with any appropriate fasting means)
Regarding claim 13
MORIN / CHAMPAGNE discloses claim 1
MORIN discloses of a snow thrower with chain tensioner system , CHAMPAIGN discloses of a biasing device that includes a spring in the first extremity positioned to engaged in the housing and second extremity being positioned for at least one drive gear and arm, CHAMPAIGNE further discloses
wherein the at least one biasing device includes at least one spring having a first extremity being positioned, shaped and sized for operatively engaging the housing, and a second extremity being positioned, shaped and sized for operatively engaging either one of at least one drive gear and a corresponding pivot arm. ( See figure 9 and spring is spring 22 and drive gear is sprocket wheels 28 and pivot bar is pivot arm, first extremity is the fixed end outside the chain loop, and the other end is the pivot bar, wherein engaging the housing is the element that is attached to the housing )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the snowblower used for blowing snow with a chain tensioner to utilize wherein the at least one biasing device includes at least one spring having a first extremity being positioned, shaped and sized for operatively engaging the housing, and a second extremity being positioned, shaped and sized for operatively engaging either one of at least one drive gear and a corresponding pivot arm as taught by CHAMPAGNE. This would allow MORIN to provide the right amount of contact when in tension with the chain. ( CHAMPAGNE - para. 0011 )
[AltContent: textbox (a first extremity being positioned, shaped and sized for operatively engaging the housing)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Pivot bar)]
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Regarding claim 14
MORIN / CHAMPAGNE discloses claim 13
MORIN discloses of a snow thrower with chain tensioner system, CHAMPAIGN discloses of a wherein the first extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the housing, and wherein the second extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the pivot arm, CHAMPAIGNE further discloses
wherein the first extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the housing, and wherein the second extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the pivot arm . ( See figure 9 and spring is spring 22 and drive gear is sprocket wheels 28 and pivot bar is pivot arm, first extremity is the fixed end outside the chain loop, and the other end is the pivot bar, wherein engaging the housing is the element that is attached to the housing, wherein the hole of the pivot arm is the fastener that attaches to the housing )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the snowblower used for blowing snow with a chain tensioner to utilize wherein the first extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the housing, and wherein the second extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the pivot arm as taught by CHAMPAGNE. This would allow MORIN to provide the right amount of contact when in tension with the chain. ( CHAMPAGNE - para. 0011 )
Regarding claim 15
MORIN / CHAMPAGNE discloses claim 13
MORIN discloses of a snow thrower with chain tensioner system, CHAMPAIGN discloses of a wherein the pivot arm is provided with a pair of holes for allowing two different possible set- ups for the at least one spring about the pivot arm and corresponding self- adjusting system, CHAMPAIGNE further discloses
wherein the pivot arm is provided with a pair of holes for allowing two different possible set- ups for the at least one spring about the pivot arm and corresponding self- adjusting system. ( See figure 9 and spring is spring 22 and drive gear is sprocket wheels 28 and pivot bar is pivot arm, first extremity is the fixed end outside the chain loop, and the other end is the pivot bar, wherein engaging the housing is the element that is attached to the housing, wherein the setup would allow the chain go the opposite configuration shown in figure 9 )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the snowblower used for blowing snow with a chain tensioner to utilize wherein the pivot arm is provided with a pair of holes for allowing two different possible set- ups for the at least one spring about the pivot arm and corresponding self- adjusting system as taught by CHAMPAGNE. This would allow MORIN to provide the right amount of contact when in tension with the chain. ( CHAMPAGNE - para. 0011 )
Regarding claim 17
MORIN / CHAMPAGNE discloses claim 13
MORIN discloses of a snow thrower with chain tensioner system, CHAMPAIGN discloses of a self-tensioning chain tensioner system wherein the first extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the housing, and wherein the second extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding slit of the pivot arm, CHAMPAIGNE further discloses
wherein the first extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the housing, and wherein the second extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding slit of the pivot arm. ( See figure 9 and spring is spring 22 and drive gear is sprocket wheels 28 and pivot bar is pivot arm, first extremity is the fixed end outside the chain loop, and the other end is the pivot bar, wherein engaging the housing is the element that is attached to the housing, wherein the slit is interpreted to a be a hole or aperture that connects to housing)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the snowblower used for blowing snow with a chain tensioner to utilize wherein the first extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding hole of the housing, and wherein the second extremity of the at least one spring is positioned, shaped and sized for operatively engaging a corresponding slit of the pivot arm as taught by CHAMPAGNE. This would allow MORIN to provide the right amount of contact when in tension with the chain. (CHAMPAGNE - para. 0011)
Regarding Claim 18
In light of the rejection of claim 1 above, as the elements are presented in separable form such components constitute at least a generic kit for assembly of the combination snow blower.
Allowable Subject Matter
Claims 11, and 16 are allowable
Claims 11, are 16 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.
While snow blower with chain tensioners are known, MORIN / CHAMPAGNE discloses of a snow blower with chain tensioner and a chain case, however it does not explicitly disclose the specifics of self-lubrication component corresponding bore of the pivot arm and lubrication substance and the specifics of a second extremity of a spring and pivot arm that receive component of the pivot arm to include a groove being complementary in shape to that of the second extremity of the spring and wherein the corresponding groove of the at least one corresponding receiving component is a peripheral groove being provided circumferentially about the least one corresponding receiving component. Such a modification would require too significant of a redesign and would constitute an improper degree of hindsight reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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