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 .
DETAILED ACTION
Claims 1 – 20 have been examined.
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 2 – 12 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 2 recites the limitation "the reducer housing" in line 11. There is insufficient antecedent basis for this limitation in the claim.
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 13 – 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu et al. (CN113243190). In regard to claim 13, Yu discloses a garden tool comprising a body (Fig. 1), at least two traveling wheels located on two sides of the body, respectively (Fig. 1, item 31), a hub motor mounted in the traveling wheel (Figs. 3 and 6, item 32), wherein the hub motor includes a motor body and a motor rotating shaft (Fig. 6, items 321 and 322), the motor body is fixedly connected to the traveling wheel (Fig. 3), and the motor rotating shaft is fixedly connected to the body (Fig. 3) and a standing platform connected to the body (Figs. 1 and 2, unnumbered flat section at the front of the vehicle).
In regard to claim 14, Yu discloses wherein the standing platform is partially located between the two traveling wheels (Fig. 1, wherein the platform is located laterally inward from each of the traveling wheels, i.e. between), and a front end of the standing platform is located in front of an axis line of the two traveling wheels (Fig. 1).
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.
Claims 15 and 18 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (CN113243190) as applied to claims 13 – 14 above. Yu does not disclose specific component measurements regarding the platform, the traveling wheels, or the center of gravity. In regard to claims 18 and 19, 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 distance between a front end of a platform and an axis line of two traveling wheels between 70 and 85 mm and a distance between a center of gravity of the garden tool and the axis line of the traveling wheels between 500 and 600 mm, since such a modification would have involved a mere change in the size of components. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regard to claim 15, Official Notice was taken that manufacturing a motor stator with a plurality of magnetic tiles is a standard motor configuration, which was not traversed. As such, this finding is considered applicant admitted prior art.
Allowable Subject Matter
Claim 1 is allowed.
Claims 2 – 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 16 – 17, and 20 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.
The following is a statement of reasons for the indication of allowable subject matter: Yu et al. (CN113243190) discloses a garden tool similar to the instant invention; however Yu, either alone or in combination, neither discloses nor suggests a garden tool comprising (in regard to claim 1) wherein the casing of the driving motor is fixed directly on an outer surface of the body, and the entire driving unit is located on an exterior side of the body, and wherein the casing of the driving motor forms a supporting shaft for the traveling wheel, and the traveling wheel is rotatably mounted on the casing of the driving motor, and (in regard to claim 16) a motor base, wherein a first end of the motor base is connected to the body, and a second end of the motor base is connected to the hub motor, and a circular keyway provided on an end face of the motor base close to the hub motor, wherein the motor rotating shaft is inserted into the circular keyway through a flat key. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613
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