DETAILED ACTION
Acknowledgments
In the reply filed June 11, 2026, the applicant amended claims 1 and 5.
The applicant cancelled claims 2 and 3.
Currently claims 1 and 4-6 are under examination.
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 1 and 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hack (U.S. Pub. No. 2022/0000001) in view of Avery (U.S. Pub. No 2023/0276724).
Regarding Claim 1, Hack discloses a perforator for a lawn aerator, comprising:
A main portion (Hack: 52), in a disk shape; and
A plurality of perforating portions (Hack: 54), integrally formed with the main portion (Hack: 52), extending radially outward from an outer periphery of the main portion (Hack: 52), and arranged at intervals in a circumferential direction of the main portion (Hack: 52), wherein each perforating portion is recessed in an axial direction of the perforator, so that the perforating portion (Hack: 54) has two opposite side surfaces in the axial direction, one side surface is formed as a first concave surface (Hack: Figure 4A-E: lower surface of tine), and the other side surface is formed as a first convex surface (Hack: Figure 4A-E: upper surface of tine);
The main portion (Hack: 52) is provided with a plurality of reinforcement portion (Hack: Figure 4: portion of intersection of 52 and 54 between R2.00 and end of 56 closest to the central axis of 52)s (Hack: Figure 4: portion of intersection of 52 and 54 between R2.00 and end of 56 closes to the central axis of 52) respectively connected to the plurality of perforating portions (Hack: 54);
Each reinforcement portion (Hack: Figure 4: portion of intersection of 52 and 54 between R2.00 and end of 56 closest to the central axis of 52) extends radially from a corresponding perforating portion, and the reinforcement portion (Hack: Figure 4: portion of intersection of 52 and 54 between R2.00 and end of 56 closest to the central axis of 52) is recessed in the axial direction, so that two opposite side surfaces of the reinforcement portion (Hack: Figure 4: portion of intersection of 52 and 54 between R2.00 and end of 56 closest to the central axis of 52) in the axial direction are respectively a second concave surface (Hack: Figure 4: lower surface of reinforcement portion) and a second concave surface (Hack: Figure 4: upper surface of reinforcement portion);
The first concave surface (Hack: Figure 4A-E: lower surface of tine) and the second concave surface (Hack: Figure 4: lower surface of reinforcement portion) are on the same side of the perforator in the axial direction, and the first convex surface (Hack: Figure 4A-E: upper surface of tine) and the second concave surface (Hack: Figure 4: upper surface of reinforcement portion) are on the same side of the perforator in the axial direction;
Along the circumferential direction, an arc transition portion (Hack: Figure 4: curved portion between the base of adjacent tines 54) is connected between any two adjacent perforating portions (Hack: 54); and
The main portion (Hack: 52) defines a central hole (Hack: Figure 3: central hole of 52).
Hack does not disclose the minimum radial distance from the reinforcement portion (Hack: Figure 4: portion of intersection of 52 and 54 between R2.00 and end of 56 closest to the central axis of 52) to the central hole (Hack: Figure 3: central hole of 52) being less than a radial dimension of the reinforcement portion (Hack: Figure 4: portion of intersection of 52 and 54 between R2.00 and end of 56 closest to the central axis of 52).
Avery discloses a minimum radial distance from a reinforcement portion (Avery: Figure 5: base end of 260) to a central hole (Avery: central hole of 210) being less than a radial dimension of the reinforcement portion (Avery: Figure 5: portion of 260 between base end and circumference of 210).
It would have been obvious to one having ordinary skill in the art at the time of the invention’s filing to have modified the ratio of distances between the length of the reinforcement portion and the distances between the reinforcement portion and the central hole of Hack with the proportions of the comparable reinforcement portion of Avery with the well-known and predictable effect of modifying the degree of reinforcement of said reinforcement portion. Furthermore, It would have been an obvious matter of design choice to change the relative sizes of these components relative to one another, since such a modification would have involved a mere change in the size of a component. 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).
Regarding Claim 3, Hack and Avery render obvious the perforator according to claim 1, wherein an arc transition portion (Hack: Figure 3: arc between radially inner sections of 54) is arranged between any two adjacent perforating portions (Hack: 54).
Regarding Claim 4, Hack and Avery render obvious the perforator according to claim 1, wherein each perforating portion (54 narrows radially outwardly) gradually narrows towards a side away from the main portion (Hack: 52) in a radial direction of the main portion (Hack: 52).
Regarding Claim 5, Hack and Avery render obvious the perforator according to claim 1 wherein the perforator is provided with a flange at the edge of the central hole (for connection with 60a and 60b).
Regarding Claim 6, Hack and Avery render obvious a lawn aerator (Hack: Figure 1) comprising the perforator according to claim 1.
Response to Arguments
Applicant’s arguments, see reply, filed June 11, 2026, with respect to the rejection of the amended claim 1 and 3-6 have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made in view of Hack in view of Avery above.
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 DOUGLAS S WOOD whose telephone number is (571)270-5954. The examiner can normally be reached Monday through Thursday 8:30 AM - 7:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole A Coy can be reached at (571) - 272 - 5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DOUGLAS S. WOOD
Examiner
Art Unit 3672
/DOUGLAS S WOOD/Examiner, Art Unit 3672
/Giovanna Wright/Primary Examiner, Art Unit 3672
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