CTNF 18/679,700 CTNF 90648 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 STATUS OF CLAIMS This Non-Final action is in reply to the application 18/679,700 filed on 05/31/2024 . Claims 1 – 20 are rejected Claims 3 and 14 are objected Claims 1 – 20 are currently pending and have been examined. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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 – 2, 4 -10, 12 – 13, 15 – 17 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20050132691 – Mayer et al. hereinafter as MAYER in view if DE102004041994 – Kress et al. hereinafter as KRESS Regarding Claim 1 MAYER discloses:A lawn conditioning tool, comprising: an electric motor; (fig. 1 - motor 17 – ( para. 0022 - electric motor ) a work element comprising: at least one support plate, at least one wheel, one or more bars extending between the at least one support plate and the at least one wheel, and a plurality of extension members extending from the one or more bars; and (fig. 3- two carrier plates, one near transmission - 29 and one near the wheel - 30, one or more bars – 7 and extension members extending from bars, 19 ) a drive shaft extending between the electric motor and the work element(para. 0022 - work element is two processing rollers), wherein the work element is rotatably driven by the electric motor via the drive shaft. (fig. 1 and para. 0029 – drive shaft 26 and processing rollers – 32 – work element, motor 17 ) MAYER discloses of an electric motor KRESS discloses of an electric motor with a housing, KRESS further discloses: a housing including an electric motor; (fig. 1 – housing motor - 13 ) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MAYER’s lawn condition tool’s motor to include a housing for the lawn conditioning tool as taught by KRESS. This would allow MAYER to protect the motor from the weather and debris to prevent grass clippings and dirt particles ( KRESS - page 2) [AltContent: rect] [AltContent: arrow][AltContent: arrow][AltContent: textbox (Carrier plate – 29 – support plate)] PNG media_image1.png 632 964 media_image1.png Greyscale Regarding Claim 2 MAYER / KRESS discloses claim 1 MAYER discloses: 2. The lawn conditioning tool of claim 1, wherein the drive shaft comprises a first shaft segment extending from the electric motor (fig. 3 worm gear from motor - 25, shaft segment) and a second shaft segment extending from the work element, and wherein the second shaft segment is removably receivable within the first shaft segment.( Fig. 3 – shaft 26 connected to the work elements 32 – processing rollers) Regarding Claim 4 MAYER / KRESS discloses claim 2 MAYER discloses: The lawn conditioning tool of claim 2, further comprising a handle extending from the first shaft segment of the drive shaft. ( Fig. 1 – handle 18) Regarding Claim 5 MAYER / KRESS discloses claim 1 MAYER discloses: wherein the work element further comprises a cover coupled to the drive shaft and covering the work element, the cover extending perpendicular to the drive shaft.( fig. 1 – cover – 20 perpendicular to shaft) Regarding Claim 6 MAYER / KRESS discloses claim 1 KRESS discloses the motor in the housing as disclosed in claim 1: a power source disposed in the housing and configured to supply power to the electric motor to drive the work element. ( fig. 1, page 11 - – electric motor - 13) Regarding Claim 7 MAYER / KRESS discloses claim 1 MAYER discloses of an electric motor KRESS discloses of wherein the power source is removably coupled to the housing, KRESS further discloses: 7. The lawn conditioning tool of claim 6, wherein the power source is removably coupled to the housing. (fig. 1 – housing motor – 13, page 3 – wherein the housing are held on by the plastic half shells by means of screws 16 ultimately shows that the power source can be removably couple to the housing. ) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MAYER’s lawn condition tool’s motor to wherein the power source is removably coupled to the housing as taught by KRESS. This would allow MAYER to easily access the motor and prevent grass clippings from entering the motor ( KRESS - page 3 - such thus the ability for such ease of removability allows for ease of maintenance) Regarding Claim 8 MAYER / KRESS discloses claim 1 MAYER discloses: 8. The lawn conditioning tool of claim 1, where the one or more bars are spaced circumferentially about a central axis extending between the at least one support plate and the at least one wheel.( Fig. 3 – rods around the central access of support plates 29 and 30) and each wheels - 12 – two wheels) [AltContent: rect] [AltContent: arrow][AltContent: arrow][AltContent: textbox (Carrier plate – 29 – support plate)] PNG media_image1.png 632 964 media_image1.png Greyscale Regarding Claim 9 MAYER / KRESS discloses claim 1 MAYER discloses: 9. The lawn conditioning tool of claim 1, wherein the plurality of extension members comprise a plurality of blades.( para. 0015- scarifier blades) Regarding Claim 10 MAYER / KRESS discloses claim 1 MAYER discloses: 10. The lawn conditioning tool of claim 1, wherein the plurality of extension members comprise a plurality of tines. (fig. 1- and para. 0022 and 23 tines - 19 ) Regarding Claim 12 12. A lawn conditioning tool, comprising: a drive shaft extending between a first end and a second end opposite the first end; (fig. 3- first end of drive shaft is connected to the electric motor. The second end opposite the first end of drive shaft is the worm gear end ) an electric motor coupled to the first end of the drive shaft; (fig. 3 - wherein the one end of drive shaft is coupled to electric motor. and a work element comprising: a first plate and a second plate rotatably mounted to the second end of the drive shaft, and a plurality of extension members coupled to one or both of the first plate and the second plate, the plurality of extension members extending radially outward from a central axis extending between the first plate and the second plate. (fig. 1- Carrier plate – 29 – support plate near transmission and one carrier plate – 30 near the wheel - 30, one or more bars – 7 and extension members extending from bars, 19 ) MAYER discloses of an electric motor KRESS discloses of a housing including an electric motor , KRESS further discloses: a housing including an electric motor; (fig. 1 – housing motor - 13 ) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MAYER’s lawn condition tool’s motor to include a housing for the lawn conditioning tool as taught by KRESS. This would allow MAYER to protect the motor from the weather and debris to prevent grass clippings and dirt particles ( KRESS - page 2) Regarding Claim 13 MAYER / KRESS discloses claim 12 MAYER discloses: 13. The lawn conditioning tool of claim 12, a first shaft segment extending from the electric motor (fig. 3 worm gear from motor, shaft segment) and a second shaft segment extending from the work element, and wherein the second shaft segment is removably receivable within the first shaft segment.( Fig. 3 – shaft 26 connected to the work elements 32 – processing rollers) Regarding Claim 15 MAYER / KRESS discloses claim 12 MAYER discloses: 15. The lawn conditioning tool of claim 13, further comprising a handle extending from the first shaft segment of the drive shaft.( fig. 1 – handle from first shaft segment) Regarding Claim 16 MAYER / KRESS discloses claim 12 MAYER discloses of an electric motor KRESS discloses of wherein a power source disposed in the housing and configured to supply power to the electric motor to drive the work element; wherein the power source is removably coupled to the housing, KRESS further discloses: (fig. 1 – housing motor – 13, page 3 – wherein the housing are held on by two plastic half shells by means of screws 16 ultimately shows that the power source can be removably couple to the housing. ) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MAYER’s lawn condition tool’s motor to wherein the power source is removably coupled to the housing as taught by KRESS. This would allow MAYER to easily access the motor and prevent grass clippings from entering the motor ( KRESS - page 3 - such thus the ability for such ease of removability allows for ease of maintenance) Regarding Claim 17 MAYER / KRESS discloses claim 12 MAYER discloses: 17. The lawn conditioning tool of claim 12, wherein: the plurality of extension members comprise a first plurality of extension members and a second plurality of extension members; the first plurality of extension members are coupled to an interior surface of the first plate; and the second plurality of extension members are coupled to an interior surface of the second plate. (fig. 3- First plate – 30 with interior surface, coupled to a first plurality of extension members – 19 coupled from interior surface of first plate ( through support bar 7 ), Second plate – 29, with interior surface coupled to second plurality of extension member 19) [AltContent: textbox (First Plurality Extension members)][AltContent: textbox (First plate – Interior Surface)] [AltContent: arrow][AltContent: arrow][AltContent: textbox (Second Plurality Extension members)][AltContent: textbox (Second plateinterior surface)][AltContent: arrow][AltContent: arrow] PNG media_image1.png 632 964 media_image1.png Greyscale Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20050132691 – Mayer et al. hereinafter as MAYER in view of WO2013027005 – Campey et al. hereinafter as CAMPEY Regarding Claim 19 MAYER discloses: 19. A lawn conditioning tool, comprising: a shaft extending between a first end and a second end; (fig. 3 worm gear - 25from motor one end of drive shaft, other end of drive shaft at the motor Is second end) a handle coupled to the first end of the shaft; and ( fig. 1 – handle 18) a work element coupled to the second end of the shaft and configured to rotate relative to the shaft, the work element comprising: (fig. 3 worm gear from motor, shaft segment, shaft 26 connected to the work elements 32 – processing rollers) MAYER discloses a lawn condition tool and discloses of a first plate and a second plate opposite the first plate. CAMPEY discloses of an auger extending between the first plate and the second plate, and a plurality of extension members coupled to one or both of the first plate and the second plate and extending radially outward from the auger, CAMPEY further discloses: an auger extending between the first plate and the second plate, and a plurality of extension members coupled to one or both of the first plate and the second plate and extending radially outward from the auger. ( Fig. 4 – 18 is the extension member, a plurality of extension members a each side of auger is a plate ) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention MAYER’s lawn conditioning tool that has a motor and two plates to provide a lawn conditioning tool, to be able to utilize a lawn conditioning tool such as an auger as taught by CAMPEY. Doing so merely constitutes the substitution of a tool conditioning implement mechanism for another to produce the predictable result of conditioning the lawn effectively utilizing a lawn conditioning tool (MPEP 2143, subsection I, B). Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20050132691 – Mayer et al. hereinafter as MAYER in view of WO2013027005 – Campey et al. hereinafter as CAMPEY in further view of US PG Pub 20090236107 – Hickenbottom et al. hereinafter as HICKENBOTTOM Regarding Claim 20 MAYER / CAMPEY discloses claim 19 MAYER disclose of plurality of extension members tines, HICKENBOTTOM discloses wherein the wherein the plurality of extension members comprise a plurality of tubes, HICKENBOTTOM further discloses: wherein the plurality of extension members comprise a plurality of tubes.(abstract – plug aerator) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MAYER / CAMPEY’s lawn condition tool’s includes extension to wherein the plurality of extensions are a plurality of tubes as taught by HICKENBOTTOM . This would allow MAYER to providing care to lawn and outdoor services (para. 0002) Claim(s) 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20050132691 – Mayer et al. hereinafter as MAYER in view if DE102004041994 – Kress et al. hereinafter as KRESS in further view of US PG Pub 20090236107 – Hickenbottom et al. hereinafter as HICKENBOTTOM Regarding Claim 11 MAYER / KRESS discloses claim 1 MAYER / KRESS disclose of plurality of extension members tines, HICKENBOTTOM discloses wherein the wherein the plurality of extension members comprise a plurality of tubes, HICKENBOTTOM further discloses: wherein the plurality of extension members comprise a plurality of tubes.(abstract – plug aerator) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MAYER / KRESS’s lawn condition tool’s includes extension to wherein the plurality of extensions are a plurality of tubes as taught by HICKENBOTTOM . This would allow MAYER to providing care to lawn and outdoor services (para. 0002)) Regarding Claim 18 MAYER / KRESS discloses claim 12 MAYER / KRESS disclose of plurality of extension members tines, HICKENBOTTOM discloses wherein the wherein the plurality of extension members comprise a plurality of tubes, HICKENBOTTOM further discloses: wherein the plurality of extension members comprise a plurality of tubes.(abstract – plug aerator) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MAYER / KRESS’s lawn condition tool’s includes extension to wherein the plurality of extensions are a plurality of tubes as taught by HICKENBOTTOM . This would allow MAYER to providing care to lawn and outdoor services (para. 0002) Allowable Subject Matter Claims 3 and 14 are allowable. 12-151-08 AIA 07-43 12-51-08 Claim 3 and 14 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. While lawn conditioning tools are known in the art, MAYER / KRESS / HICKENBOTTOM does not explicitly disclose wherein: a clamp coupled to the drive shaft, wherein the clamp is actuatable between an unlocked position and a locked position, wherein the second shaft segment is configured to slide longitudinally within the first shaft segment, and wherein the first shaft segment and the second shaft segment are secured in a desired position when the clamp is in the locked position. Such a modification would require too significant of a redesign and would constitute an improper degree of hindsight reasoning. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm. 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, Chris Sebesta can be reached on 5712720547 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.H.T/Examiner, Art Unit 3671 /CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671 Application/Control Number: 18/679,700 Page 2 Art Unit: 3671 Application/Control Number: 18/679,700 Page 3 Art Unit: 3671 Application/Control Number: 18/679,700 Page 4 Art Unit: 3671 Application/Control Number: 18/679,700 Page 5 Art Unit: 3671 Application/Control Number: 18/679,700 Page 6 Art Unit: 3671 Application/Control Number: 18/679,700 Page 7 Art Unit: 3671 Application/Control Number: 18/679,700 Page 8 Art Unit: 3671 Application/Control Number: 18/679,700 Page 9 Art Unit: 3671 Application/Control Number: 18/679,700 Page 10 Art Unit: 3671 Application/Control Number: 18/679,700 Page 11 Art Unit: 3671 Application/Control Number: 18/679,700 Page 12 Art Unit: 3671 Application/Control Number: 18/679,700 Page 13 Art Unit: 3671 Application/Control Number: 18/679,700 Page 14 Art Unit: 3671 Application/Control Number: 18/679,700 Page 15 Art Unit: 3671 Application/Control Number: 18/679,700 Page 16 Art Unit: 3671
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