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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 2, 2023 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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marcil et al. (USP 8,627,897).
Regarding claim 1: Marcil discloses a working machine configured to work by moving frontward on a ground (as seen in figures 1-38), the working machine comprising:
a battery (as seen in figures 1 and 3, at 30);
an electric motor (as seen in figure 27, at 392) comprising a stator and a rotor and configured to be driven by electric power supplied from the battery;
a working unit (as seen in figure 27, at 410) configured to work on the ground by being rotated about a rotary axis (as seen in figure 27, as defined along 342; also, as seen in annotated figure below) by the electric motor, the rotary axis being substantially parallel to a virtual ground perpendicular to an up-down direction; and
a transmitting unit (as seen in figure 14, area of 228; also, as seen in figure 25) configured to transmit rotation of the electric motor to the working unit, wherein when the working machine is viewed from a front side with the working machine being in a working posture on the ground, the battery, the electric motor, and the working unit are separate from each other in the up-down direction and the working unit is disposed below the battery and the electric motor (as seen in figures 1, 20, 23 and 33).
Regarding claim 2: Marcil discloses the working machine of claim 1. Further, Marcil discloses wherein the transmitting unit comprises: a first transmitting shaft (as seen in figure 27, at 430) configured to be rotated by the electric motor (as seen in figure 27, via motor shaft 420); a jaw coupler (as seen in figure 27, at 440) connected to the first transmitting shaft; and a second transmitting shaft (as seen in figure 28, at 412) configured to transmit rotation of the first transmitting shaft to the working unit via the jaw coupler.
Claims 1, 4-13, 15 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mould et al. (USPGPub 2024/0381801).
Regarding claim 1: Mould discloses a working machine configured to work by moving frontward on a ground (as seen in figures 1-19), the working machine comprising:
a battery (as seen in figure 8, at 178);
an electric motor (as seen in figure 14, at 218) comprising a stator and a rotor and configured to be driven by electric power supplied from the battery;
a working unit (as seen in figure 14, area of 106; also, as seen in annotated figure below) configured to work on the ground by being rotated about a rotary axis (as seen in figure 14, as defined along 220; also, as seen in annotated figure below) by the electric motor, the rotary axis being substantially parallel to a virtual ground perpendicular to an up-down direction; and
a transmitting unit (as seen in figure 14, area of 228; also, as seen in annotated figure below) configured to transmit rotation of the electric motor to the working unit, wherein when the working machine is viewed from a front side with the working machine being in a working posture on the ground, the battery, the electric motor, and the working unit are separate from each other in the up-down direction and the working unit is disposed below the battery and the electric motor (as seen in figures 2, 8 and 17).
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Regarding claim 4: Mould discloses the working machine of claim 1. Further, Mould discloses the machine comprising: a body housing (as seen in figure 14, area of 100) accommodating the electric motor; and
a battery attaching unit (as seen in figure 8, area of 102) attached to the body housing and to which the battery is detachably attached (page 6, paragraph [0073] and page 8, paragraph [0096]), wherein an attaching direction in which the battery is attached to the battery attaching unit is inclined relative to the virtual ground and is oriented toward the ground (as seen in annotated figure 8 below).
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Regarding claim 5: Mould discloses the working machine of claim 4. Further, Mould discloses the machine comprising a cover (as seen in figure 1, at 180) attached to the body housing and configured to pivot between a closed position and an open position, the cover defining a battery accommodating space in which the battery is accommodated between the body housing and the cover when the cover is in the closed position, wherein the cover opens from a rear side toward the front side when the cover pivots from the closed position toward the open position about a pivot axis of the cover (page 6, paragraph [0070]).
Regarding claims 6 and 7: Mould discloses the working machine of claim 1. Further, Mould discloses wherein a center of gravity of the battery is disposed on the front side relative to a rotary axis of the rotor and the rotary axis of the working unit when the working machine is on the ground in the working posture (as seen in annotated figure 17 below).
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Regarding claim 8: Mould discloses the working machine of claim 1. Further, Mould discloses the machine comprising a handle unit configured to be gripped by a user (as seen in figures 1 and 2, at 104), wherein the working machine is a walk-behind working machine configured to be moved by the user pushing the handle unit frontward.
Regarding claims 9 and 17: Mould discloses the working machine of claim 1. Further, Mould discloses the machine comprising a centrifugal fan (as seen in figures 16 and 17, at 246) configured to be rotated by the electric motor; and
a housing unit accommodating the electric motor and the fan (as seen in figure 17),
wherein the transmitting unit comprises an axis changing part configured to change a direction of the rotary axis of the working unit to a direction different from a direction of a rotary axis of the electric motor (as seen in figure 14, changing from the motor drive direction to the working axis direction as defined thru 220),
the housing unit includes:
an air inlet (as seen in figure 17, area of 238) through which air flows from outside the housing unit into the housing unit (as seen in figure 17, as defined by arrow 240) by rotation of the fan; and an air outlet through which air fed out by the fan flows from inside the housing unit to outside the housing unit, and the air outlet communicates with a space on a working unit side (as seen in figure 15, area of 252).
Regarding claims 10 and 11: Mould discloses the working machine of claim 9. Further, Mould discloses wherein the housing unit comprises a separating wall part disposed between the electric motor and the working unit and the air outlet is disposed on the working unit side relative to the separating wall part (as seen in annotated figure 17 below).
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Regarding claim 12: Mould discloses the working machine of claim 11. Further, Mould discloses wherein the air inlet is disposed on an electric motor side relative to the separating wall part (as seen in figure 17, as denoted by arrow 242).
Regarding claim 13: Mould discloses the working machine of claim 10. Further, Mould discloses wherein the housing unit comprises a body housing accommodating the electric motor and the fan, and the body housing is separate from the separating wall part (as seen in annotated figure 17 below).
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Regarding claim 15: Mould discloses the working machine of claim 9. Further, Mould discloses wherein the air inlet is open downward (as seen in figure 17, as denoted by “downward” opening fins on either side of arrow 240).
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.
Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Marcil et al. (USP 8,627,897).
Regarding claim 3: Marcil discloses the working machine of claim 2 substantially but is silent to the material of manufacture of a coupling member of the jaw coupler. However, 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 coupling member from a resin material as guided by the intended use of the coupler and the need for a light and ductile material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is also common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, etc. for the application and intended use of that material.
Allowable Subject Matter
Claims 14, 16 and 18 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.
Regarding claims 14, 16 and 18: The prior art does not disclose or fairly suggest in combination which other claimed features/limitations wherein the machine has a body housing comprising first and second housings wherein the first housing accommodates the electric motor and the second housing accommodated the fan (claims 14 and 18) or wherein a control unit is disposed in a housing unit between the air inlet and the electric motor and is configured to control the electric motor (claims 16 and 18).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tozawa et al. (USP 8,991,514) discloses a work machine having a battery, electric motor and driven working tool.
Feng et al. (USP 11,617,301) discloses a working machine employing an electric motor, battery and transferable power assembly useable on different types of ground working tools.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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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.
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/ROBERT E PEZZUTO/ Examiner, Art Unit 3671