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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 and 2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 8, and 11 of copending Application No. 18/665617 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications claim:
Claim 1 of the instant application is read upon by the copending application as follows: Claim 1 of the copending application claims a tool device comprising: a frame; a walking element coupled to the frame; a drive motor selectively powering the walking element; and a steerable-wheel assembly (SWA) attached to the frame apart from the walking element, the SWA comprising a caster connector pivotably mounted to the frame to rotate about a pivot axis, a steerable wheel rotatably coupled to the caster connector, while claims 7 and 8 claim a detectable magnet fixed to the caster connector to pivot therewith about the pivot axis, and an encoder comprising a magnetic sensor fixed to the frame apart from the caster connector to detect a pivotable position of the detectable magnet, respectively.
Claim 2 of the instant application is read upon by the copending application as follows: Claim 11 of the copending application claims wherein the assembly motor is radially offset from the caster connector relative to the pivot axis.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
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, 6, 8, 9, 11-13, 16, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishii et al (US 8,544,570). Ishii discloses:
With regard to claim 1 - A tool device comprising:
a frame 230;
a walking element 214 coupled to the frame 230;
a drive motor 232 selectively powering the walking element 214; and
a steerable-wheel assembly (SWA) 272 attached to the frame 230 apart from the walking element 42, the SWA 272 comprising:
a caster connector 278 pivotably mounted to the frame to rotate about a pivot axis,
a steerable wheel 222 rotatably coupled to the caster connector 278,
a detectable magnet 296 fixed to the caster connector 278 to pivot therewith about the pivot axis (see Figs. 33-35), and
an encoder comprising a magnetic sensor 298 fixed to the frame apart from the caster connector to detect a pivotable position of the detectable magnet 296 (“Returning to FIG. 33, between the top portion of the support shaft 278 and the main frame 230 is provided a rotation angle detection device (not shown) as a caster wheel direction detection section for detecting a rotation angle of the support shaft 278 and detecting a steering direction of the caster wheel 222 and 224. The rotation angle detection device includes an encoder that is fixed to the support shaft 278. The encoder, for example, is a device that has magnetic pole properties that alternately change in the circumferential direction of the support shaft 278 between a north pole direction and a south pole direction. A rotation angle sensor (not shown) is fixed to the main frame 230, opposite the encoder. Detection signals from the rotation angle sensor are input to the above described controllers 244, 246, and 248. The rotation angle detection device can also be configured from an encoder fixed to the top end portion of the rotary shaft of the electric motor for steering 282 and a rotation angle sensor fixed to the main frame 230.” – column 50, line 58 – column 51, line 8).
With regard to claim 2 - wherein the SWA further comprises an assembly motor 282 radially offset from the caster connector 278 relative to the pivot axis and mechanically coupled to the caster connector 278 to pivot the caster connector 278 about the pivot axis.
With regard to claim 3 - wherein the SWA further comprises an assembly motor 282 fixed to the frame 283, and a gear train 284, 286 mechanically coupling the assembly motor 282 with the caster connector 278 to pivot the caster connector about the pivot axis.
With regard to claim 6 - wherein the encoder 298 is radially offset from the detectable magnet 296 relative to the pivot axis (see Fig. 35).
With regard to claim 8 - wherein the SWA is a first SWA 272, wherein the pivot axis is a first pivot axis, and wherein the tool device further comprises a second SWA 272 attached to the frame 230 apart from the walking element and the first SWA 272, the second SWA 272 comprising a caster connector 278 pivotably mounted to the frame to rotate about a second pivot axis, a steerable wheel 224 rotatably coupled to the caster connector of the second SWA 272, a detectable magnet fixed 296 to the caster connector 278 of the second SWA to pivot therewith about the second pivot axis, and an encoder 298 comprising a magnetic sensor fixed to the frame apart from the caster connector of the second SWA to detect a pivotable position of the detectable magnet of the second SWA (see Fig. 31.
With regard to claim 9 - wherein the caster connector comprises a pivot rod 278 extending along the pivot axis, and a rod flange fixed to the pivot rod 278 and disposed below at least a portion of the frame 230 (see Fig. 34), the rod flange extending radially from the pivot rod 278, and wherein the SWA 272 further comprises an assembly bracket 274 fixed to the rod flange, the steerable wheel 222 being rotatably supported on the assembly bracket 274 (see Fig. 33).
With regard to claim 11 - A lawnmower comprising:
a frame 230;
a steering device 228 attached to the frame 230;
a walking element 214 coupled to the frame 230;
a drive motor 232 selectively powering the walking element 214;
a steerable-wheel assembly (SWA) 272 attached to the frame 230 apart from the walking element 214, the SWA 272 comprising:
a caster connector 278 pivotably mounted to the frame 230 to rotate about a pivot axis,
a steerable wheel 222 rotatably coupled to the caster connector 278,
an assembly motor 282 mechanically coupled to the caster connector 278 to pivot the caster connector 278 about the pivot axis,
a detectable magnet 296 fixed to the caster connector 278 to pivot therewith about the pivot axis, and
an encoder comprising a magnetic sensor 298 fixed to the frame 230 apart from the caster connector 278 to detect a pivotable position of the detectable magnet 296; and
one or more controllers 244, 246, 248 attached to the frame 230 in operable communication with the steering device 228, the drive motor 232, and the assembly motor 282 (see Fig. 32), the one or more controllers 244, 246, 248 being collectively configured to a steering input signal from the steering device 228, receive a position signal from the encoder (see “Feedback of Position (Angle)” in Fig. 32), and direct the assembly motor 282 to pivot the caster connector 278 based on the received steering input signal and position signal.
With regard to claim 12 - wherein the SWA further comprises an assembly motor 282 radially offset from the caster connector 278 relative to the pivot axis and mechanically coupled to the caster connector 278 to pivot the caster connector about the pivot axis.
With regard to claim 13 - wherein the SWA further comprises an assembly motor 282 fixed to the frame 230, and a gear train 284, 286 mechanically coupling the assembly motor 282 with the caster connector 278 to pivot the caster connector 278 about the pivot axis.
With regard to claim 16 - wherein the encoder 298 is radially offset from the detectable magnet 296 relative to the pivot axis (see Fig. 35).
With regard to claim 18 - wherein the SWA is a first SWA 272, wherein the pivot axis is a first pivot axis, and wherein the tool device further comprises a second SWA 272 attached to the frame 230 apart from the walking element and the first SWA 272, the second SWA 272 comprising a caster connector 278 pivotably mounted to the frame to rotate about a second pivot axis, a steerable wheel 224 rotatably coupled to the caster connector of the second SWA 272, a detectable magnet fixed 296 to the caster connector 278 of the second SWA to pivot therewith about the second pivot axis, and an encoder 298 comprising a magnetic sensor fixed to the frame apart from the caster connector of the second SWA to detect a pivotable position of the detectable magnet of the second SWA (see Fig. 31.
With regard to claim 19 - wherein the caster connector comprises a pivot rod 278 extending along the pivot axis, and a rod flange fixed to the pivot rod 278 and disposed below at least a portion of the frame 230 (see Fig. 34), the rod flange extending radially from the pivot rod 278, and wherein the SWA 272 further comprises an assembly bracket 274 fixed to the rod flange, the steerable wheel 222 being rotatably supported on the assembly bracket 274 (see Fig. 33).
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goebel et al (US 8,855,861). Goebel discloses:
With regard to claim 1 - A tool device comprising:
a frame;
a walking element 30, 35 coupled to the frame;
a drive motor 120, 125 selectively powering the walking element 30, 35; and
a steerable-wheel assembly (SWA) attached to the frame apart from the walking element 30, 35, the SWA comprising:
a caster connector 92 pivotably mounted to the frame to rotate about a pivot axis,
a steerable wheel 20 rotatably coupled to the caster connector 92,
a detectable magnet 102 fixed to the caster connector 92 to pivot therewith about the pivot axis (see Fig. 11), and
an encoder 100 comprising a magnetic sensor fixed to the frame apart from the caster connector to detect a pivotable position of the detectable magnet 102 (“In the embodiment shown, a magnet 102 is coupled to a mounting member 108 that is coupled to kingpin 92. In certain embodiments, mounting member 108 may be threaded into kingpin 92 so that rotation of kingpin 92 (and left steerable wheel 20 by virtue of the yoke to which kingpin 92 is coupled (e.g., fixedly connected)) will cause rotation of mounting member 108 and magnet 102. Adjustable bracket 101 can be adjusted so that the distance between steered wheel position sensor 100 and magnet 102 is at the desired gap. In certain embodiments, steered wheel position sensor 100 is a Hall effect sensor and the desired gap between sensor 100 and magnet 102 is between approximately 0.025-0.035 inches. The magnets of the present sensors may be keyed and polarized. Furthermore, the Hall effect sensors that are used may be sealed or otherwise configured to limit their exposure to the elements. Alternatives to Hall effect sensors include other angular position sensors, such as optical encoders and variable resistors.” – Column 6, lines 20-39).
With regard to claim 5 - wherein the encoder 100 is disposed coaxially with the detectable magnet 102 (see Fig. 11).
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 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii in view of Strong (US 6,668,965). Ishii fails to disclose wherein the gear train comprises a planetary gear set parallel to the pivot axis. Strong teaches a tool device comprising a similar SWA to that of Ishii, said SWA comprises an assembly motor 150 fixed to a frame 16, and a gear train 140 mechanically coupling the assembly motor 282 with a caster connector 146 to pivot the caster connector about the pivot axis 20, wherein the gear train comprises a planetary gear set 140 parallel to the pivot axis 20 (see Fig. 8). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the tool device of Ishii with the teaching of Strong such that the gear train comprises a planetary gear set parallel to the pivot axis to allow for desired speed reduction.
Claim(s) 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii in view of Antoku et al (US 2020/0300941). Ishii fails to disclose wherein the encoder is vertically aligned with the detectable magnet relative to the pivot axis. Antoku teaches a rotational angle detection device comprising a magnetic detection part 31 for detecting the angular position of a magnet 2, wherein the magnetic detection part 31 is coplanar with the magnet 2. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the tool device of Ishii with the teaching of Antoku such that the encoder is vertically aligned with the detectable magnet relative to the pivot axis since it would have required routine skill in the art to achieve predictable results.
Claim(s) 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii. Ishii fails to explicitly disclose wherein the rod flange defines three or more mounting points over the assembly bracket, the three or more mounting points being circumferentially spaced at two or more angles about the pivot axis. However, it would have been obvious to form the flange of Ishii to have three or more mounting points since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ishii in view of Goebel et al (US 8,855,861). Ishii fails to disclose wherein the encoder is disposed coaxially with the detectable magnet. As seen in the 102 rejection above, Goebel teaches an angular detection apparatus comprising an encoder and a detectable magnet, wherein the encoder 100 is disposed coaxially with the detectable magnet 102 (see Fig. 11). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the tool device of Ishii with the teaching of Goebel such that the encoder is disposed coaxially with the detectable magnet to allow for special considerations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ishii et al (US 8,544,570) and Strong (US 6,668,965) disclose similar tool devices to that of the present invention comprising comparable SWA’s. Brown et al (US 10,392,007) discloses a tool device including a reduction gear set disposed between a steering motor and a caster connector.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY WILHELM whose telephone number is (571)272-6980. The examiner can normally be reached Monday-Friday 8:30-5:30.
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/TIMOTHY WILHELM/Primary Examiner, Art Unit 3617 June 8, 2026
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