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 .
Response to Arguments
Examiner would like to thank Mr. Ho for his time and attention during the interview held 09/03/2026.
Applicant’s arguments, see Applicant’s Arguments/Remarks Made in an Amendment, filed 09/12/2026, with respect to the rejection(s) of claim 1 under 35 USC 102(a)(2) as anticipated by Zeiler et al as part of US 20190341826 A1, hereinafter referred to as Zeiler, have been fully considered and are persuasive. In light of the amendments made, the rejection has been withdrawn. However, upon further search and consideration, a new ground(s) of rejection is made in view of Ishii et al as part of US 20090260901 A1, hereinafter referred to as Ishii.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4, and 9-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ishii.
Regarding Claim 1: Ishii teaches of outdoor power equipment comprising:
a first wheel assembly comprising a first hub motor and coupled to a first side of the outdoor power equipment;
a second wheel assembly comprising a second hub motor coupled to a second side of the outdoor power equipment (Fig. 2, wheels 14 and 16 are operatively coupled to either side of vehicle 10, and are driven by electric motors 26 and 28):
A single drive speed control comprising a lever provided on a control panel of the outdoor power equipment, the lever being coupled to the first hub motor and the second hub motor (Paragraph 77, a single acceleration pedal to control the rotation of electric motors 26 and 28 may be provided), and
a battery coupled to the first hub motor and the second hub motor and configured to supply electrical power to the first hub motor and the second hub motor (Paragraph 58, while a hybrid system is described, only the electric power source unit may be used in place of the engine and generator, said electrical power source unit may be a battery; Fig. 3, the power source unit 34 is shown to be connected to the electric motors 26 and 28 via controller 40);
wherein the first hub motor is configured to rotate the first wheel assembly to drive the outdoor power equipment ;
wherein the second hub motor is configured to rotate the second wheel assembly to drive the outdoor power equipment (Paragraph 61, left and right wheels 14 and 16 are independently driven by left and right axle-side motors 26 and 28 respectively);
wherein the single drive speed control is configured to control the speed of the first wheel assembly and the second wheel assembly (Paragraph 77, the acceleration pedal controls the electric motors 26 and 28, which are described to drive the left and right wheels 14 and 16).
Regarding Claim 3: Ishii teaches of the apparatus described in claim 1.
Ishii further teaches wherein the apparatus further comprises an electronic control device coupled to the single drive speed control, the first hub motor, and the second hub motor (Fig. 3, controller 40 is coupled to the acceleration pedal, and the electric motors 26 and 28);
wherein the single drive speed control provides a single signal to the electronic control device (Paragraph 77-78, when the acceleration pedal is depressed, a signal from acceleration depression sensor 82 is transmitted to controller 40);
and wherein the electronic control device is configured to receive the single signal from the single drive speed control and control the speed of the first wheel assembly and the second wheel assembly based at least in part on the single signal from the single drive speed control (Paragraph 77-78, based on the input signal received by controller 40 from acceleration depression sensor 82 in response to the acceleration pedal being depressed, the operation of electric motors 26 and 28 is controlled).
Regarding Claim 4: Ishii teaches of the apparatus described in claim 1.
Ishii further teaches wherein the rotation of the first wheel assembly and the second wheel assembly is controlled independently (Paragraph 3, the left and right wheels 14 and 16 are driven independently by left and right electric motors 26 and 28).
Regarding Claim 9: Ishii teaches of the apparatus described in claim 1.
Ishii further teaches wherein the apparatus further comprises a single hand operated drive mechanism coupled to the first hub motor and the second hub motor and configured to control the operation of the first hub motor and the second hub motor (Paragraph 76, steering operating element 42 is a turn operating element for instructing the vehicle 10 to turn; the steering position is transmitted to controller 40 via steering angle sensor 50, which controls the operation of the electric motors 26 and 28).
Regarding Claim 10: Ishii teaches of the apparatus described in claim 9.
Ishii further teaches wherein operating the hand operated drive mechanism allows the first wheel assembly and the second wheel assembly to drive the outdoor power equipment (Paragraph 61, left and right wheels 14 and 16 are independently driven by left and right axle-side motors 26 and 28 respectively).
Regarding Claim 11: Ishii teaches of the apparatus described in claim 9.
Ishii further teaches wherein the apparatus further comprises an electronic control device coupled to the single hand operated drive mechanism, the first hub motor, and the second hub motor (Fig. 3, controller 40 is coupled to the electric motors 26 and 28, and to steering operating element 42);
wherein the single hand operated drive mechanism provides a signal to the electronic control device;
and wherein the electronic control device is configured to receive the signal from the single hand operated drive mechanism and control the rotation of the first wheel assembly and the second wheel assembly based at least in part on the signal from the single hand operated drive mechanism (Paragraph 76, steering operating element 42 is a turn operating element for instructing the vehicle 10 to turn; the steering position is transmitted to controller 40 via steering angle sensor 50, which controls the operation of the electric motors 26 and 28).
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.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii in view of Brown as part of US 9980434 B1, hereinafter referred to as Brown.
Regarding Claim 5: Ishii teaches of the apparatus described in claim 4.
Ishii further teaches of the apparatus further comprising a hand operated drive control mechanism coupled to the first and second motor hubs (Ishii: Fig. 3, steering operating element 42 is coupled to steering angle sensor 50, where steering angle sensor 50 is coupled to the electric motors 26 and 28 via controller 40), wherein the hand operated drive control mechanism is configured to control the rotation of the first wheel assembly and the second wheel assembly (Ishii: Paragraph 76, steering operating element 42 is a turn operating element for instructing the vehicle 10 to turn; the steering position is transmitted to controller 40 via steering angle sensor 50, which controls the operation of the electric motors 26 and 28)
Ishii does not explicitly teach of a first and second hand operated control mechanisms for controlling the first and second hub motors and wheel assemblies respectively.
Brown teaches of outdoor power equipment, comprising a first wheel assembly comprising a first hub motor and coupled to a first side of the outdoor power equipment;
a second wheel assembly comprising a second hub motor coupled to a second side of the outdoor power equipment (Brown: Fig. 3, drive wheel 374 is coupled to motor 368 and drive wheel 376 is coupled to motor 370)
wherein the first hub motor is configured to rotate the first wheel assembly to drive the outdoor power equipment;
wherein the second hub motor is configured to rotate the second wheel assembly to drive the outdoor power equipment (Brown: Col. 7, line 41-45, rotational output from motor 368 is transmitted to drive wheel 374 and rotational output from motor 370 is transmitted to drive wheel 376);
and further comprising a first hand operated drive control mechanism coupled to the first hub motor;
and a second hand operated drive control mechanism coupled to the second hub motor (Brown: Fig. 3; Col. 7, line 23-26, drive levers 132a and 132b make up user actuated speed and direction interface 352, which is connected to and sends signals and commands to master controller 238);
wherein the first hand operated drive control mechanism is configured to control the rotation of the first wheel assembly;
and wherein the second hand operated drive control mechanism is configured to control the rotation of the second wheel assembly (Brown: Col. 7, line 27-45, based on the input of direction interface 352, the master controller sends outputs to the motors 368 and 370 to rotate the drive wheels 374 and 376).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the single hand operated drive control mechanism that controls the first and second motors of Ishii with the first and second hand operated drive control mechanisms that control the first and second motors of Brown, to create an apparatus that allows for zero turn functionality through independent control (Brown: Col. 1, line 35-40, by independently controlling the first and second motor outputs, one can control the first and second driven wheels independently). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of allowing for more favorable maneuverability of the power equipment (MPEP 2143, Subsection I, B).
Regarding Claim 6: Ishii in view of Brown teaches of the apparatus described in claim 5.
In light of the modifications described above in claim 5, Brown further teaches wherein operating the first hand operated drive control mechanism controls the rotation of the first wheel assembly thereby turning the outdoor power equipment in a first direction;
and wherein operating the second hand operated drive control mechanism controls the rotation of the second wheel assembly thereby turning the outdoor power equipment in a second direction (Brown: Col. 7, line 27-45, based on the input of direction interface 352, the master controller sends outputs to the motors 368 and 370 to rotate the drive wheels 374 and 376; Col. 1, line 35-40, by independently controlling the first and second motor outputs, one can control the first and second driven wheels independently; zero turn systems are known to rotate one traction member in one rotational direction and an opposite traction member in a second rotational direction).
Regarding Claim 7: Ishii in view of Brown teaches of the apparatus described in claim 5.
While Ishii does further teach of an electronic control device coupled to the hand operated drive control mechanism, the first hub motor, and the second hub motor (Ishii: Fig. 3, controller 40 is coupled to the acceleration pedal, and the electric motors 26 and 28, and to steering operating element 42);
wherein the hand operated drive control mechanism provides a signal to the electronic control device;
wherein the electronic control device is configured to receive the signal from the hand operated drive control mechanism and control the rotation of the first wheel assembly and second wheel assembly based at least in part on the signal from the hand operated drive control mechanism (2) Ishii: Paragraph 76, steering operating element 42 is a turn operating element for instructing the vehicle 10 to turn; the steering position is transmitted to controller 40 via steering angle sensor 50, which controls the operation of the electric motors 26 and 28),
Ishii does not teach explicitly teach of a first and second hand operated drive control mechanism.
In light of the modifications described above in claim 5, Brown further teaches of an electronic control device coupled to the first hand operated drive control mechanism, the second hand operated drive control mechanism, the first hub motor, and the second hub motor (Brown: Fig. 3; Col. 7, line 23-26, drive levers 132a and 132b make up user actuated speed and direction interface 352, which is connected to and sends signals and commands to master controller 238; master controller 328 is coupled to the motor controller 358 and 362 and motors 368 and 370);
wherein the first hand operated drive control mechanism provides a signal to the electronic control device;
wherein the electronic control device is configured to receive the signal from the first hand operated drive control mechanism and control the rotation of the first wheel assembly based at least in part on the signal from the first hand operated drive control mechanism (Brown: Col. 7, line 27-45, based on the input of user actuated speed and direction interface 352, the master controller sends outputs to the motor 368 to rotate the drive wheels 374);
wherein the second hand operated drive control mechanism provides a signal to the electronic control device;
and wherein the electronic control device is configured to receive the signal from the second hand operated drive control mechanism and control the rotation of the second wheel assembly based at least in part on the signal from the second hand operated drive control mechanism (Brown: Col. 7, line 27-45, based on the input of user actuated speed and direction interface 352, the master controller sends outputs to the motor 370 to rotate the drive wheels 376).
Regarding Claim 8: Ishii in view of Brown teaches of the apparatus described in claim 5.
In light of the modifications described above in claim 5, Brown further teaches wherein operating both the first hand operated drive control mechanism and the second hand operated drive control mechanism at the same time controls the rotation of the first wheel assembly and the second wheel assembly in a reverse rotation direction thereby driving the outdoor power equipment in a reverse direction (Brown: Col. 1, line 35-40, zero turn systems are known, wherein independent control of the first and second outputs, such as through user actuated speed and direction interface 352, control the operation of the wheels 374 and 376);
and wherein releasing either or both of the first hand operated drive control mechanism and the second hand operated drive control mechanism stops both the first wheel assembly and the second wheel assembly from rotating in a reverse rotation direction and stops driving the outdoor power equipment in a reverse direction (Brown: Col. 5, line 18-29, in the absence of input from an operator, such as when the operator is no longer moving levers 132a and 132b, return to neutral mechanisms 141 force the levers 132a and 132b to a neutral position, thus ending output to the wheels).
Claim 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii in view of Zeiler.
Regarding Claim 12: Ishii teaches of the apparatus described in claim 1.
While Ishii does teach of a battery, there is no explicit mention of a battery charge indicator.
Zeiler teaches of outdoor power equipment comprising a first wheel assembly comprising a first hub motor and coupled to a first side of the outdoor power equipment;
a second wheel assembly comprising a second hub motor coupled to a second side of the outdoor power equipment (Fig. 16, drive wheels 535 are coupled to the sides of snow thrower 500, according to the exemplary embodiment; Paragraph 68, each drive wheel 535 is driven by self-propel unit 540, which includes an electric motor 545);
a battery coupled to the first hub motor and the second hub motor and configured to supply electrical power to the first hub motor and the second hub motor (3) Fig. 17; paragraph 69, electric power head 100 comprises batteries 110, coupled to the electric motors 545 to supply electric power thereto);
further comprising a battery charge indicator coupled to the battery and configured to provide a perceptible indication of a remaining battery electrical charge (Zeiler: Paragraph 71, battery charge level may be displayed to the user by a display device).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the battery assembly taught by Ishii to include the charge indicator taught by Zeiler to provide visual indication of remaining battery level to the operator of the apparatus (Zeiler: Paragraph 71, battery charge level may be displayed to the user by a display interface). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of alerting the operator to the status of the battery charge level of the battery.
Regarding Claim 13: Ishii teaches of the apparatus described in claim 1.
While Ishii does teach of a battery, there is no explicit mention that the battery is removable.
Zeiler teaches of outdoor power equipment comprising a first and second wheel assembly, a battery coupled to a first and second drive motor to supply power to said drive motors, wherein the drive motors provide rotational input to the first and second wheel assemblies respectively (Zeiler: Fig. 17, electric powerhead 100 comprises motor 105, which is supplied power by battery 110, which provides rotational input to electric wheel motors 545 to drive each drive wheel 535),
wherein the battery may be removed from the outdoor power equipment for recharging (Zeiler: Paragraph 48: battery 110 may be removed and attached to a charging station to charge the battery 110).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the battery of Ishii that is not explicitly removable with the removable battery of Zeiler to allow for the battery to be removed and charged separately from the rest of the outdoor power equipment (Zeiler: Paragraph 48: battery 110 may be removed and attached to a charging station to charge the battery 110). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a removable, replicable battery to provide power to the motors in place of a fixed, non-removable battery (MPEP 2143, Subsection I, B).
Regarding Claim 14: Ishii teaches of the apparatus described in claim 1.
While Ishii does teach of the motor and turning system described is to be used in conjunction with a ground working vehicle, no specific details are given as to the specific nature of the ground working machine outside of an exemplary embodiment of a lawn mower, with the apparatus continuously referred to as “[an] electric ground working vehicle”.
Zeiler teaches of outdoor power equipment comprising a first and second wheel assembly, a battery coupled to a first and second drive motor to supply power to said drive motors, wherein the drive motors provide rotational input to the first and second wheel assemblies respectively (Zeiler: Fig. 17, electric powerhead 100 comprises motor 105, which is supplied power by battery 110, which provides rotational input to electric wheel motors 545 to drive each drive wheel 535),
further comprising:
an auger rotatably coupled to the outdoor power equipment and configured to move snow, an auger drive motor coupled to the auger and the battery and configured to drive the auger; wherein the battery is configured to supply electrical power to the auger drive motor (Zeiler: Fig. 16, snow thrower 500 includes auger 510, which is driven by the electric motor 105, which is powered by battery 110).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the unspecified electrical ground working vehicle disclosure of Ishii to be utilized in conjunction with a specific ground working vehicle, such as that taught by Zeiler, which works a section of ground to clear snow via the specific structures taught by Zeiler. Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing the traction system of Ishii in conjunction with the specific outdoor power equipment of a snowblower.
Regarding Claim 15: Ishii in view of Zeiler teaches of the apparatus of claim 14.
In light of the modifications described above in claim 14, Zeiler further teaches of an auger speed control coupled to the auger drive motor; wherein the auger speed control is configured to control the speed of the auger (Zeiler: Paragraph 63, power head 100, which comprises electric motor 105, may comprise a motor speed sensor, which can provide input to controller 250 to control the speed of the motor, and therefore the auger 510).
Regarding Claim 16: Ishii in view of Zeiler teaches of the apparatus of claim 15.
In light of the modifications described above in claim 15, Zeiler further teaches of an electronic control device coupled to the auger speed control and the auger drive motor;
wherein the auger speed control provides a signal to the electronic control device;
and wherein the electronic control device is configured to receive a signal from the auger speed control and control the speed of the auger based at least in part on the signal from the auger speed control (Zeiler: Paragraph 63/69, controller 250 is in communication with external electrical components to send and receive inputs and outputs, such as from the user hand controls 570 of the user interface 530, which includes controlling operation of components on the snow thrower, such as the motor 105's rotational speed via the motor speed sensor).
Regarding Claim 17: Ishii in view of Zeiler teaches of the apparatus of claim 14.
In light of the modifications described above in claim 14, Zeiler further teaches of a hand operated auger control mechanism coupled to the auger drive motor and configured to control the operation of the auger drive motor (Zeiler: Paragraph 68, user hand controls 570 of user interface 530 may control the operation of the auger 510, which is driven by electric motor 510).
Regarding Claim 18: Ishii in view of Zeiler teaches of the apparatus of claim 17.
In light of the modifications described above in claim 17, Zeiler further teaches wherein operating the hand operated auger control mechanism allows the auger drive motor to drive the auger (Zeiler: Paragraph 68, user hand controls 570 of user interface 530 may control the operation of the auger 510, which is driven by electric motor 110).
Regarding Claim 19: Ishii in view of Zeiler teaches of the apparatus of claim 17.
In light of the modifications described above in claim 17, Zeiler further teaches of an electronic control device coupled to the hand operated auger control mechanism and the auger drive motor (Zeiler: Paragraph 69, controller 250 is in communication with the user hand controls 570 of the user interface 530);
wherein the hand operated auger control mechanism provides a signal to the electronic control device (Zeiler: Paragraph 69, controller 250 is in communication with external electrical components to send and receive inputs and outputs, such as from the user hand controls 570 of the user interface 530);
and wherein the electronic control device is configured to receive a signal from the hand operated auger control mechanism and control the auger drive motor based at least in part on the signal from the hand operated auger control mechanism (Zeiler: Paragraph 68-69, controller 250 sends signals to external components of the snow thrower based on signals from the user interface 530, such as control of the electric motor 110 that controls the operation of auger 510).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ishii in view of Zeiler, further in view of Hansen et al as part of WO 2012177234 A1, hereinafter referred to as Hansen.
Regarding Claim 20: Ishi in view of Zeiler teaches of the apparatus described in claim 14.
While Zeiler does teach of a discharge chute rotatably coupled to the outdoor power equipment (Zeiler: Fig. 16, chute 547 is rotatable coupled to the snow thrower 500), and Zeiler states that there is a hand operated user input that may control the movement of the discharge chute (Zeiler: Paragraph 68, user interface 530 may comprise switches, buttons, sliders, levers, dials, touch screens, and other user input devices to control operation of components on the snow thrower, such as the rotation of the chute 547), Ishii in view of Zeiler does not teach the specifics of the chute rotation handle, nor does it teach of a locking position of the handle to prevent rotation of the discharge chute when the handle is in a locked position.
Hansen teaches of a snow blower apparatus comprising:
a discharge chute rotatably coupled to the outdoor power equipment (Hansen: Fig. 1, chute 40 is rotatably coupled to the snow blower 10),
and a discharge chute rotation handle coupled to the discharge chute (Hansen: Fig. 3, control head 54 is connected to chute base 52 of chute 40 via cable system 56);
wherein the discharge chute may be rotated by moving the discharge chute rotation handle (Hansen: paragraph 24, rotation of control head 54 acts to rotates chute base 52, and thus rotates chute 40 mounted thereon),
and wherein the discharge chute rotation handle is configured to prevent rotation of the discharge chute when the discharge chute rotation handle is in a locked position (Hansen: Paragraph 19, when control head 54 is in a neutral position, the chute base 52 is designed to lock or fix the chute 40 in place; as such, the neutral position of the control head 54 may be considered a "locked position").
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the generically referred to user hand controls taught by Ishii in view of Zeiler with the specific control head and cable control mechanism with a locking structure taught by Hansen to allow a user to rotate the discharge chute remotely in an intuitive way (Hansen: Paragraph 5-8, such a chute rotation system as disclosed may provide an easy and intuitive way to remotely position the chute, improving the operator’s ability to manipulate the chute of the snow blower and improve the experience of operating the snow blower). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of improving the quality of the user experience of utilizing the snow blower (MPEP 2143, Subsection I, B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al as part of CN 112081053 A teaches of outdoor power equipment comprising:
a first wheel assembly comprising a first hub motor and coupled to a first side of the outdoor power equipment, a second wheel assembly comprising a second hub motor coupled to a second side of the outdoor power equipment, a single drive speed control comprising a lever provided on a control panel of the outdoor power equipment, the lever being coupled to the first hub motor and the second hub motor, and a battery coupled to the first hub motor and the second hub motor and configured to supply electrical power to the first hub motor and the second hub motor, wherein the first hub motor is configured to rotate the first wheel assembly to drive the outdoor power equipment, wherein the second hub motor is configured to rotate the second wheel assembly to drive the outdoor power equipment, wherein the single drive speed control is configured to control the speed of the first wheel assembly and the second wheel assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN ANTHONY BREGEL whose telephone number is (571)272-0922. The examiner can normally be reached 8:30-5:30 Eastern, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher J Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVAN A BREGEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
