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 statements (IDS) submitted on November 16, 2023, December 4, 2024, May 19, 2025, October 22, 2025 and November 10, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 3-9 are 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.
In claim 3, line 4, immediately after “…second longitudinal beam by”, applicant claims “a basically identical support assembly”. As employed here, the term “basically” is inherently unclear in that it is not known of the range that the term is attempting to establish and thus does not allow one to determine the metes and bounds of the claimed subject matter. The lack of clarity renders the claimed subject matter indefinite.
Claims 4-9 are rejected based on their claim dependencies.
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.
Claims 1 and 3-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Welz et al. (USPGPub 2020/0269917).
Regarding claim 1: Welz discloses a riding mowing device (as seen in figures 1-8), comprising:
a frame (as seen in figure 1, at 102);
a cutting assembly (as seen in figure 1, at 114 and figure 5, at 214) comprising a cutting deck and a mowing element, wherein the mowing element is at least partially accommodated in the cutting deck, and the cutting assembly is mounted to the frame (page 1, paragraph 0015]);
a traveling assembly (as seen in figure 1) configured to drive the riding mowing device to travel and comprising a first traveling assembly (as seen in figure 1, at 104) located on a front part of the riding mowing device and a second traveling assembly (as seen in figure 1, at 106) located on a rear part of the riding mowing device, wherein the first traveling assembly and the second traveling assembly are separately mounted on the frame (as seen in figures 1 and 5); and
a power supply assembly (as seen in figure 1, at 112) configured to supply power to at least the cutting assembly and the traveling assembly and mounted to the frame (page 1, paragraph 0015] and page 2, paragraph [0021]); wherein the riding mowing device further comprises one of a steering wheel assembly and an operating lever assembly (as seen in figure 4, at 126), and one of the steering wheel assembly and the operating lever assembly is selectively mounted on the frame (as seen in figure 1, at 126 and as seen in figure 4, “selective” via removing and installing fastener 138).
Regarding claim 3: Welz discloses the riding mowing device of claim 1. Further, Welz discloses wherein the frame comprises a first longitudinal beam and a second longitudinal beam (as seen in figure 5, both at 202), and the steering wheel assembly or the operating lever assembly is mounted to the first longitudinal beam and the second longitudinal beam by a substantially identical support assembly (as seen in figures 5 and 6, generally members 220).
Regarding claim 4: Welz discloses the riding mowing device of claim 3. Further, Welz discloses wherein the device comprising a seat (as seen in figure 5, area of 216), wherein the support assembly is disposed in front of the seat (as seen in figure 5, area of 220).
Regarding claim 5: Welz discloses the riding mowing device of claim 3. Further, Welz discloses wherein the support assembly comprises a connecting rod (as seen in figure 5, at 210) and a first and second fixing assembly (as seen in figure 6, at 222), the first fixing assembly is fixed to the first longitudinal beam, the second fixing assembly is fixed to the second longitudinal beam, and the connecting rod connects the first fixing assembly to the second fixing assembly (as seen in figure 5).
Regarding claim 6: Welz discloses the riding mowing device of claim 5. Further, Welz discloses wherein the riding mowing device comprises the operating lever assembly, the operating lever assembly comprises a left operating lever and a right operating lever (as seen in figure 5, at 226), and the left operating lever and the right operating lever are mounted to the first fixing assembly and the second fixing assembly, respectively (as seen in figure 6, at respective members 220 with members 226 there attached).
Regarding claim 7: Welz discloses the riding mowing device of claim 6. Further, Welz discloses wherein the first fixing assembly and the second fixing assembly are symmetrical parts (as seen in figure 6, respective members 220 being “symmetrical” to one another).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Welz et al. (USPGPub 2020/0269917) in view Velke et al. (USPGPub 2002/0059788).
Regarding claim 9: Welz discloses the riding mowing device of claim 5 substantially as discussed above but fails to show the use of a deck height adjustment assembly. However, Velke discloses that it is well known in the riding mower art to provide such a mower with an adjustable deck (as seen in figures 1-10). Velke discloses a mower having a cutting deck height adjustment assembly (as seen in figure 7), wherein the cutting deck height adjustment assembly comprises a gear assembly (as seen in figure 7, at 16) for a user to operate to set different heights of the cutting deck, the gear assembly comprises a limiting member (as seen in figure 7, at 15) and an adjustment member (as seen in figure 7, at 7) wherein on the resultant device of Welz as modified by Velke the limiting member would be mounted to the first fixing assembly or the second fixing assembly. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Welz with the teachings of Velke since it would be a simple manner of combining prior art elements according to known methods to yield the predictable results
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of a riding lawnmower having an adjustable mower deck and thus allowing for greater operational usage and effectiveness.
Claims 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Welz et al. (USPGPub 2020/0269917) in view Ishii (USP 7,066,294).
Regarding claims 2 and 8: Welz discloses the riding mowing device substantially as discussed above but fails to show the installation of the steering wheel being in the same location as the operating lever assembly or being connected to either of the first or second fixing assembly. However, Ishii discloses that it is well known in the riding mower art to install of the steering wheel being in the same location as the operating lever assembly (as seen in figure 1, area of 12) and therein allowing the resultant device to be connected to either of the first or second fixing assembly. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Welz with the teachings of Ishii since it would be a simple manner of combining prior art elements according to known methods to yield the predictable results
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of a riding lawnmower which would be more easily controlled due to a single guidance input.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Welz et al. (USPGPub 2020/0269917) in view Liu et al. (USPGPub 2020/0315095).
Regarding claim 10: Welz discloses the riding mowing device of claim 1 substantially as discussed above but fails to show the use of a grass collecting basket. However, Liu discloses that it is well known in the riding mower art to provide such a mower with a grass collecting basket (as seen in figure 1, area of 100). Liu discloses a grass collecting basket assembly, wherein the grass collecting basket assembly (as seen in figure 1) comprises a grass collecting basket connecting rod assembly (unnumbered but as seen in figure 1, directly behind seat 12), and the grass collecting basket connecting rod assembly is detachably mounted to the frame through a mounting seat assembly (as seen between figures 1 and 2). Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Welz with the teachings of Liu since it would be a simple manner of combining prior art elements according to known methods to yield the predictable results
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of a riding lawnmower having a grass collection system and thus allowing for a greater amount of work being performed (i.e., grass cutting and raking) in a time saving manner.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Welz et al. (USPGPub 2020/0269917) in view Liu et al. (USPGPub 2020/0315095) as applied to claim 10 above, and further in view of Losey (USPGPub 2009/0272088).
Regarding claims 11 and 12: Welz as modified by Liu discloses the riding mowing device of claim 10 substantially as discussed above. Further, Liu discloses to attach allied structures using a rod type attachment means to the rear of the vehicle seat (as seen in figure 1) but fails to show the use of a storage box or a sun shade. However, Losey discloses that it is well known in the riding mower art to provide such a mower both a storage device (as seen in figure 5) and a sun shade (as seen in figure 10). Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Welz as modified by Liu with the teachings of Losey since it would be a simple manner of combining prior art elements according to known methods to yield the predictable results
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of a riding lawnmower capable of deploying a wider range of tools to allow for greater operational range and effectiveness, absent any showing to the contrary.
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara et al. (USPGPub 2014/0059990) in view Toddenroth et al. (USPGPub 2019/0071112).
Regarding claim 13: Fujiwara discloses a riding mowing device (as seen in figures 1-11), comprising:
a seat (as seen in figures 1 and 2, at 13) configured for a user to sit on and comprising a seat cushion and a backrest;
a cutting assembly (as seen in figures 1 and 2, at 21) comprising a cutting deck and a mowing element, wherein the mowing element is at least partially accommodated in the cutting deck;
a traveling assembly (as seen in figures 1 and 2) configured to drive the riding mowing device to travel and comprising a first traveling assembly located on a front part of the riding mowing device (as seen in figures 1 and 2, unnumbered but directly below reference numeral 2) and a second traveling assembly (as seen in figures 1 and 2, at 12) located on a rear part of the riding mowing device;
a display interface (as seen in figure 6) configured to display state information of at least one of the cutting assembly, the traveling assembly, and the power supply assembly (page 3, paragraph [0041]) and comprising a display screen (as seen in figure 6, area of 5a); and,
a power supply assembly (as seen in figure 1, area of 8) configured to supply power to at least the cutting assembly and the traveling assembly.
Further, Fujiwara discloses a steering wheel assembly (as seen in figure 5) comprising a steering wheel (as seen in figure 5, at 40) and a support rod (as seen in figure 5, in phantom view directly above member 42) but fails to show the display interface in the center of the steering wheel. However, Toddenroth discloses that it is well known in the vehicle art to provide such a display in the center of the vehicle’s steering wheel (as seen in figure 1a, at 122). Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Fujiwara with the teachings of Toddenroth since it would be a simple manner of combining prior art elements according to known methods to yield the predictable results
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of a riding lawnmower having a display screen which would be better position and therefore more easily viewed by the operator.
Regarding claim 14: Fujiwara as modified by Toddenroth discloses the riding mowing device of claim 13 substantially as discussed above but fails to show the display screen dimensioned as claimed by the applicant. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to contrive any number of desirable ranges for the screen dimension limitations disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05.
Allowable Subject Matter
Claims 15-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose of fairly suggest in combination with other claimed features/limitations a riding mowing device comprising interchangeably one of a steering wheel assembly and an operating lever assembly, and one of the steering wheel assembly and the operating lever assembly is selectively mounted on the riding mowing device; when the steering wheel assembly is mounted on the riding mowing device, the steering wheel assembly comprises a steering wheel and a support rod, and the display interface is disposed in a middle of the steering wheel; and when the operating lever assembly is mounted on the riding mowing device, the operating lever assembly comprises a left operating lever and a right operating lever, the left operating lever and the right operating lever are mounted on a left side and a right side of the seat, respectively, and the display interface is disposed on at least one of the left side and the right side of the seat.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mika et al. (USPGPub 2022/0287238) discloses a riding mowing device having a grass bagging means mounted behind the driver’s seat.
Mitchell (USP 5,232,005) discloses a riding lawn mower having a universal canopy mounted to the rear of the operator.
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