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 .
This communication is in response to application No. 18/558,649; Outdoor Power Machine; filed on 11/02/2023. Claims 1 - 16 are currently pending and have been examined.
Claim Objections
Claims 1, 11, 13, and 16 objected to because of the following informalities:
Claim 1, line 8
Claim 11, line 8; “frame” should be “chassis.”
Claim 13, lines 2-3 should read; “between the outboard parked position and the inboard use position”
Claim 16 should depend from claim 11, not claim 10.
Appropriate correction is required.
Claims 7 and 13 state a steering lever is movable between outboard and inboard positions along with the steering assembly, while claims 1 and 11 have previously established that the steering assembly moves between outboard and inboard positions and that the steering lever is mounted to the steering assembly.
Applicant is advised that should claims 1 and 11 be found allowable, claims 7 and 13 respectively, will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claims 7 and 13 state a steering lever is movable between outboard and inboard positions along with the steering assembly, while claims 1 and 11 have previously established that the steering assembly moves between outboard and inboard positions and that the steering lever is mounted to the steering assembly.
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) 1-3, 5, 7-8, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ikeda (US 2021/0086831 A1).
Regarding claim 1, in light of the above objection, Ikeda discloses;
An outdoor power machine, comprising:
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a chassis (frame 10; fig. 1);
two or more drive wheel assemblies (deceleration mechanism 17; paragraph 28) physically mounted to the chassis,
each drive wheel assembly coupled to an electric motor (travel motor 16);
an electrical power pack (battery unit 4; paragraph 32) configured to supply electric energy to the electric motors;
one or more steer wheels (rear wheels 12); (Paragraph 29 describes the steering of the vehicle by the operation of steering levers to independently drive the right and left, rear wheels.)
a steering assembly (fig. 3) configured to pivot relative to the frame between an inboard use position and an outboard parked position, (Fig. 3 and paragraph 35 describe the steering assembly as consisting of a lever capable of pivoting fore-and-aft as well as outwards through a gated housing.)
wherein a steering lever (steering lever 18) is pivotally mounted to the steering assembly such that it can move in a fore-aft direction to control one of the electric motors (travel motor 16). (Paragraph 29 describes the operation pathway of the steering levers.)
Regarding claim 2, Ikeda discloses;
wherein the steering assembly is pivotally mounted to a control pedestal which is mounted to the chassis. (Figs. 1 and 2 illustrate the position of the steering levers and gated housing on the mower. The mounting of the steering assembly is not illustrated, but the assemblies are understood to affix to the vehicle in such a manner that the lever can be moved, as shown in fig. 3) in relation to its base in order to transfer control instructions to the wheel drive mechanisms.)
Regarding claim 3, Ikeda discloses;
wherein the steering assembly includes a parking sensor (brake position sensor 32; fig. 3, paragraph 35) that is configured to generate a signal indicative whether the steering assembly is in inboard use position or the outboard parked position. (Paragraph 35 describes brake position sensor and travel position sensors as detecting the operation position of the steering lever. Paragraph 38 describes the brake position sensor as detecting the position of the steering lever in the outboard, parked position.)
Regarding claim 5, Ikeda discloses;
wherein the parking sensor (brake position sensor 32) is electrically connected to the control system of the outdoor power machine. (Paragraph 38 describes the brake positions sensor as connected to the brake control unit.)
Regarding claim 7, in light of the above objection, Ikeda discloses;
wherein the steering lever (steering lever 18) is movable between the outboard parked position and the inboard use position with the steering assembly. (Fig. 3 and paragraph 35 describe the steering lever which pivots fore-and-aft as well as outwards through a gated housing.)
Regarding claim 8, Ikeda discloses;
wherein the steering lever is coupled to a sensor (travel position sensor 30; paragraph 36) configured to generate a signal indicative of the position of the steering lever. (Paragraph 36 describes the travel position sensors as detecting the operation position of the steering lever within the travel operation pathway.)
Regarding claim 10, Ikeda discloses;
wherein one steering assembly is provided for each of the left and right sides of the outdoor power machine. (Fig. 2 and paragraph 16, describe steering levers and corresponding gated housings located to the left and right sides of the vehicle.)
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.
Claim(s) 4, 9, 11, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikeda (US 2021/0086831 A1) in view of Yang (EP 3760021 B1).
Regarding claim 4, Ikeda discloses a parking sensor but does not disclose a sensor which is magnetic. However, Yang teaches;
wherein the parking sensor (magnet sensor 172) is magnetic. (Paragraph 36 describes the use of a magnetic element and magnet sensor to determine the position of the operating bar between its inboard and outboard positions.)
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A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Ikeda to include a sensor which is magnetic, as taught by Yang, as the references and the claimed invention are directed to mower control-lever position determination. As disclosed by Yang, it is well known for a mower control-lever position to be determined utilizing a sensor which is magnetic. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ikeda to include a sensor which is magnetic, as taught by Yang, as such a modification would provide a reliable detection method with a long service life. (Paragraph 4 of Yang).
Regarding claim 9, Ikeda does not disclose a pair of balancing springs attached to the steering lever, However, Yang teaches;
wherein the steering lever is attached to a spring (spring 255; fig. 30, paragraph 142) configured such that the steering lever is biased to a neutral position between the fore and aft positions. (Paragraph 142 and fig. 30, illustrate a spring which biases the steering lever towards a central, neutral position between the fore and aft positions. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to duplicate the spring 255 and place the second spring opposite the first spring, to further bias the steering lever to a neutral position, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.)
Regarding claim 11, Ikeda discloses;
An outdoor power machine, comprising:
an electrical power pack configured to supply electric energy to the electric motors;
a chassis (frame 10; fig. 1);
two or more drive wheel assemblies (deceleration mechanism 17; paragraph 28) physically mounted to the chassis,
each drive wheel assembly coupled to an electric motor (travel motor 16);
one or more steer wheels (rear wheels 12);
a steering assembly (fig. 3) configured to pivot relative to the frame between an inboard use position and an outboard parked position, (Fig. 3 and paragraph 35 describe the steering assembly as consisting of a lever capable of pivoting fore-and-aft as well as outwards through a gated housing.)
wherein a steering lever (steering lever 18) is pivotally mounted to the steering assembly such that it can move in a fore-aft direction to control one of the electric motors (travel motor 16). (Paragraph 29 describes the operation pathway of the steering levers.)
wherein the parking sensor (brake position sensor 32) is electrically connected to a control system of the outdoor power machine. (Paragraph 38 describes the brake positions sensor as connected to the brake control unit.)
Ikeda discloses a parking sensor that is configured to generate a signal indicative of whether the steering assembly is in the inboard use position or the outboard parked position, but does not disclose a sensor which is magnetic. However, Yang teaches;
a magnetic parking sensor (magnet sensor 172); (Paragraph 36 of Yang, describes the use of a magnetic element and magnet sensor to determine the position of the operating bar between its inboard and outboard positions.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Ikeda to include a sensor which is magnetic, as taught by Yang, as the references and the claimed invention are directed to mower control-lever position determination. As disclosed by Yang, it is well known for a mower control-lever position to be determined utilizing a sensor which is magnetic. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ikeda to include a sensor which is magnetic, as taught by Yang, as such a modification would provide a reliable detection method with a long service life. (Paragraph 4 of Yang).
Regarding claim 13, Ikeda discloses;
wherein the steering lever (steering lever 18) is attached to and movable between the outboard parked position and the inboard use position with the steering assembly. (Fig. 3 and paragraph 35 describe the steering lever which pivots fore-and-aft as well as outwards through a gated housing.)
Regarding claim 14, Ikeda discloses;
wherein the steering lever is coupled to a sensor (travel position sensor 30; paragraph 36) configured to generate a signal indicative of the position of the steering lever.
Regarding claim 15, Ikeda does not disclose a pair of balancing springs attached to the steering lever, However, Yang teaches;
wherein the steering lever is attached to a spring (spring 255; fig. 30, paragraph 142) configured such that the steering lever is biased to a neutral position between the fore and aft positions. (Paragraph 142 and fig. 30, illustrate a spring which biases the steering lever towards a central, neutral position between the fore and aft positions. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to duplicate the spring 255 and place the second spring opposite the first spring, to further bias the steering lever to a neutral position, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.)
Regarding claim 16, in light of the above objection, Ikeda discloses;
wherein one steering assembly is provided for each of the left and right sides of the outdoor power machine. (Fig. 2 and paragraph 16, describe steering levers and corresponding gated housings located to the left and right sides of the vehicle.)
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Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikeda (US 2021/0086831 A1) in view of Dunbar (US 2019/0274251 A1).
Regarding claim 6, Ikeda does not disclose a parking spring configured to bias the steering assembly to the outboard, parked position. However, Dunbar teaches;
wherein the steering assembly includes a parking spring (spring 140; fig. 3, paragraph 15) attached configured such that the steering assembly is biased to the outboard parked position. (Paragraph 15 describes the use of a spring to bias the lever in a neutral position with the parking brake disengaged and a second, outboard position with the parking brake engaged.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Ikeda to include a parking spring configured to bias the steering assembly to the outboard, parked position, as taught by Dunbar, as the references and the claimed invention are directed to mower control-lever operation. As disclosed by Dunbar, it is well known for a mower control lever operation to include a parking spring configured to bias the steering assembly to the outboard, parked position. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ikeda to include a parking spring configured to bias the steering assembly to the outboard, parked position, as taught by Dunbar, as such a modification would prevent unintended movement of the mower.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikeda (US 2021/0086831 A1) in view of Yang (EP 3760021 B1) and further in view of Dunbar (US 2019/0274251 A1).
Regarding claim 12, Ikeda does not disclose a parking spring configured to bias the steering assembly to the outboard, parked position. However, Dunbar teaches;
wherein the steering assembly includes a parking spring (spring 140; fig. 3, paragraph 15) configured such that the assembly is biased to the outboard parked position. (Paragraph 15 describes the use of a spring to bias the lever in a neutral position with the parking brake disengaged and a second, outboard position with the parking brake engaged.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Ikeda to include a parking spring configured to bias the steering assembly to the outboard, parked position, as taught by Dunbar, as the references and the claimed invention are directed to mower control-lever operation. As disclosed by Dunbar, it is well known for a mower control lever operation to include a parking spring configured to bias the steering assembly to the outboard, parked position. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ikeda to include a parking spring configured to bias the steering assembly to the outboard, parked position, as taught by Dunbar, as such a modification would prevent unintended movement of the mower.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT LAWRENCE STRICKLER whose telephone number is (703)756-1961. The examiner can normally be reached Mon. - Fri. 9:30am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at (571) 270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT LAWRENCE STRICKLER/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614