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 .
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:
Claim 3 sets forth wherein a portion of the electric power pack is positioned below a lower surface of the first and second main rails. However, this is contrary to the location of the electric power pack being flush with the lower surface of the first and second main rails as set forth in independent claim 1, from which claim 3 depends. It is unclear if applicant is requiring the pack to be flush with the main rails or below and the claim is therefore indefinite.
Claim 9 sets forth wherein a portion of the electric power pack is positioned below a lower surface of the first and second main rails. However, this is contrary to the location of the electric power pack being flush with the lower surface of the first and second main rails as set forth in independent claim 7, from which claim 9 depends. It is unclear if applicant is requiring the pack to be flush with the main rails or below and the claim is therefore indefinite.
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) 1, 3, 5-7, 9, 11-14, 16, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii et al. 8,191,342 in view of Strope 7,540,135.
Independent Claim 1: Ishii discloses an outdoor power machine (10), comprising:
a chassis (30) including first and second main frame rails (see the longitudinally extending rails of 30 in Figs. 1 and 2);
two or more drive wheel assemblies (12, 14) physically mounted to the chassis, each drive wheel assembly coupled to an electric motor (16, 18);
an electrical power pack (36) configured to supply electric energy to the electric motors, the electric power pack being positioned between the first and second main rails (as seen in Fig. 2) and wherein a portion of the electric pack is positioned flush with a lower surface of the first and second main rails (as seen in Fig. 5);
at least one steer wheel (22, 24) pivotally mounted to the chassis;
a mowing deck assembly (20), as per claim 1.
However, Ishii fails to disclose a deck lift connecting the mowing deck assembly to the chassis, the deck lift including:
a first lift assembly connected to the first main frame rail of the chassis at a first rotation point;
a second lift assembly connected to the second main frame rail of the chassis at a second rotation point;
wherein the first and second lift assemblies are separated at the first and second rotation points and the first and second rotation points are not interconnected, as per claim 1.
Strope discloses a similar outdoor power machine comprising a mowing deck assembly (12); and
a deck lift connecting the mowing deck assembly to the chassis, the deck lift including:
a first lift assembly (right side 16, 18, 24) connected to the first main frame rail (14A) of the chassis (14) at a first rotation point (rear pivot sleeve 38 of the right side, Fig. 3);
a second lift assembly (left side 16, 18, 24) connected to the second main frame rail (14B) of the chassis at a second rotation point (rear pivot sleeve 38 of the left side, Fig. 3);
wherein the first and second lift assemblies are separated at the first and second rotation points and the first and second rotation points are not interconnected (as seen between Figs. 2 and 3, there is no connector extending between rear 38 of 14A and rear 38 of 14B), as per claim 1.
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 deck height adjustment of Strope on the riding outdoor mower of Ishii in order to provide an easily operable deck height adjustment while the operator is sitting on the mower.
Dependent Claims 5-6: Strope, of the resultant combination above, further discloses wherein a first end (right 18) of the first lift assembly (right side 16, 18, 24) is connected to the first main rail (14A) of the chassis (14) at the first rotation point (right side pivot sleeve 38) and the first end (left 18) of the second lift assembly (left side 16, 18, 24) is connected to the second main rail (14B) of the chassis at the second rotation point (left side pivot sleeve 38), as per claim 5;
wherein a second end (right 16) of the first lift assembly (right side 16, 18, 24) is connected to a second end (left 16) of the second lift assembly (left side 16, 18, 24) by a connector (36, Fig. 2) extending therebetween, as per claim 6.
Independent Claim 7: Ishii discloses an outdoor power machine (10), comprising:
a chassis (30) including first and second main frame rails (see the longitudinally extending rails of 30 in Figs. 1 and 2);
two or more drive wheel assemblies (12, 14) physically mounted to the chassis, each drive wheel assembly coupled to an electric motor (16, 18);
an electric power pack (36) configured to supply electric energy to the electric motors, the electric power pack being positioned between the first and second main rails (see Fig. 2) and wherein a portion of the electric power pack is positioned flush with a lower surface of the first and second main rails (seen in Fig. 5);
at least one steer wheel (22, 24) pivotally mounted to the chassis;
a mowing deck assembly (20), as per claim 7.
However, Ishii fails to disclose a deck lift connecting the mowing deck assembly to the chassis, the deck lift including:
a first lift assembly having a first end pivotally connected to the first main frame rail of the chassis at a first rotation point;
a second lift assembly having a first end pivotally connected to the second main frame rail of the chassis at a second rotation point;
a connector extending between a second end of the first lift assembly and a second end of the second lift assembly to interconnect the second end of the first lift assembly and the second end of the second lift assembly;
wherein the first and second lift assemblies are separated at the first and second rotation points, as per claim 7.
Strope discloses a similar outdoor power machine (10) comprising a deck lift connecting the mowing deck assembly (12) to the chassis (14), the deck lift including:
a first lift assembly (right side 16, 18, 24) having a first end (the rear end) pivotally connected to the first main frame rail (14A) of the chassis at a first rotation point (rear pivot 38 of the right side, Fig. 3);
a second lift assembly (left side 16, 18, 24) having a first end (the rear end) pivotally connected to the second main frame rail (14B) of the chassis at a second rotation point (rear pivot 38 of the left side);
a connector (36) extending between a second end (the front end) of the first lift assembly and a second end (the front end) of the second lift assembly to interconnect the second end of the first lift assembly and the second end of the second lift assembly;
wherein the first and second lift assemblies are separated at the first and second rotation points (as seen between Figs. 2 and 3, there is no connector extending between rear 38 of 14A and rear 38 of 14B), as per claim 7.
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 deck height adjustment of Strope on the riding outdoor mower of Ishii in order to provide an easily operable deck height adjustment while the operator is sitting on the mower.
Dependent Claims 11-14: Strope, of the resultant combination above, further discloses wherein the first lift assembly (right side 16, 18, 24) includes:
a first bell crank (18) at the first end (the rear end) of the first lift assembly;
a second bell crank (16) at the second end (the front end) of the first lift assembly; and
a central arm (right 24) extending between and pivotally connecting the first and second bell cranks (see Fig. 1), as per claim 11;
wherein the first bell crank (right 18) connects the first lift assembly (right side 16, 18, 24) to the first main rail (14A) and the second bell crank (16) is connected to a first end (the right end of 36) of the connector (36), as per claim 12;
wherein the second lift assembly (left side 16, 18, 24) includes:
a third bell crank (left 18) at the first end (the rear end) of the second lift assembly;
a fourth bell crank (left 16) at the second end (the front end) of the second lift assembly; and
a central arm (left 24) extending between and pivotally connecting the third and fourth bell cranks, as per claim 13;
wherein the third bell crank (left 18) connects the second lift assembly (left side 16, 18, 24) to the second main rail (14B) and the fourth bell crank (left 16) is connected to a second end (the left end of 36) of the connector (36), as per claim 14.
Independent Claim 16: Ishii discloses an outdoor power machine (10), comprising:
a chassis (30) including first and second main frame rails (see the longitudinally extending rails of 30 in Figs. 1 and 2);
two or more drive wheel assemblies (12, 14) physically mounted to the chassis, each drive wheel assembly coupled to an electric motor (16, 18);
an electric power pack (36) configured to supply electric energy to the electric motors, the electric power pack being positioned between the first and second main rails (as seen in Fig. 2) and wherein a portion of the electric power pack is positioned flush with a lower surface of the first and second main rails (Fig. 5);
at least one steer wheel (22, 24) pivotally mounted to the chassis;
a mowing deck (20) assembly, as per claim 16.
However, Ishii fails to disclose a deck lift connecting the mowing deck assembly to the chassis, the deck lift including:
a first lift assembly having a first end pivotally connected to the first main frame rail of the chassis at a first rotation point;
a second lift assembly having a first end pivotally connected to the second main frame rail of the chassis at a second rotation point, wherein the electric power pack is positioned between the first and second rotation points;
a connector extending between a second end of the first lift assembly and a second end of the second lift assembly to interconnect the second end of the first lift assembly and the second end of the second lift assembly;
wherein the first and second lift assemblies are separated at the first and second rotation points, as per claim 16.
Strope discloses a similar outdoor power machine (10) comprising a deck lift connecting the mowing deck assembly (12) to the chassis (14), the deck lift including:
a first lift assembly (right side 16, 18, 24) having a first end (the rear end) pivotally connected to the first main frame rail (14A) of the chassis at a first rotation point (rear pivot 38 of the right side);
a second lift assembly (left side 16, 18, 24) having a first end (the rear end) pivotally connected to the second main frame rail (14B) of the chassis at a second rotation point (rear pivot 38 of the left side), wherein the electric power pack is positioned between the first and second rotation points (Ishii’s electric power pack 36 will be located between Strope’s rear pivots 38 in the resultant machine);
a connector (36) extending between a second end (the front end) of the first lift assembly and a second end (the front end) of the second lift assembly to interconnect the second end of the first lift assembly and the second end of the second lift assembly;
wherein the first and second lift assemblies are separated at the first and second rotation points (as seen between Figs. 2 and 3, there is no connector extending between rear 38 of 14A and rear 38 of 14B), as per claim 16.
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 deck height adjustment of Strope on the riding outdoor mower of Ishii in order to provide an easily operable deck height adjustment while the operator is sitting on the mower.
Dependent Claim 19: Strope, of the resultant combination above, further discloses a foot pedal (26) connected to the deck lift (left and right sets of 16, 18, 24) to lift the mowing deck assembly (12), as per claim 19.
Dependent Claims 3, 9: The combination is set forth as applied above. However, the combination fails to disclose wherein a portion of the electric power pack is positioned below a lower surface of the first and second main rails, as per claims 3 and 9.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to lower the electric power pack of Ishii and Strope below the first and second main rails since it has been held that rearranging parts of an invention involves only routine skill in the art and this rearrangement would be minimal and provide for a lower and more stable center of gravity.
Claim(s) 15, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii et al. in view of Strope as applied to claim 13 above, and further in view of Velke et al. 6,658,831.
Dependent Claims 15, 18, 20: The machine is disclosed as applied above. However, the combination fails to disclose a hand lever pivotally connected to the chassis and configured to lift the mowing deck assembly, the hand lever being connected to the third bell crank by a hand lever extension member, as per claim 15;
a spring configured to assist in the lifting of the mowing deck assembly, as per claim 18;
a hand lever connected to the deck lift to lift the mowing deck assembly, as per claim 20.
Velke discloses a similar machine comprising a hand lever (7) pivotally connected to the chassis (2) and configured to lift the mowing deck assembly (3), the hand lever being connected to the bell crank (25) by a hand lever extension member (10), as per claim 15;
a spring (13) configured to assist in the lifting of the mowing deck assembly (3), as per claim 18;
a hand lever (7) connected to the deck lift (seen in Figs. 3-10) to lift the mowing deck assembly (3), as per claim 20.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the hand lever of Velke for the foot pedal of Ishii and Strope since both references disclose means for allowing a machine operator to raise and lower a mowing deck from their seat and such a predictable result would be achieved.
Furthermore, 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 hand lever to Strope’s third bell crank, as per claim 15, since it has been held that mere reversal of the essential working parts of a device involves only routine skill in the art.
Response to Arguments
Please see the updated art rejections above in light of applicant’s claim amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca, can be reached at (571) 272-8971.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 July 17, 2026
Prosecution Insights