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 .
Election/Restrictions
A telephone call was made to Katharine Isido, 8/14/2025 to request an oral election to the above restriction requirement; Applicant Applicant’s election without traverse of group I, corresponding claims 1-11 is acknowledged.
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.
Claim 11 is 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.
The scope of claim 11 “…at least two of a cultivator, a brush, bristles, a trimmer, and a saw” is unclear. As Claim 1 is written “a cover…transmission… a geared connection between the transmission shaft and the drive shaft”, it is directed to a power device with an attachment unit (54) having shown in Figures 2A-3D.
Reading the specification and looking at the figures, claim is directly to the outdoor power tool (a cultivator, Figure 1, where the reference “54” is), however, claim 11 recites “a plurality of differently configured tool attachment units ……at least two of a cultivator, a brush, bristles, a trimmer, and a saw” that is unclear since claim 1 is directly to a cultivator that requires specific features as set forth in claim 1, for an example, the cover 74 and the transmission 64. For an example, does the saw or trimmer or other attachment units need the cover, the transmission, the drive shaft…? Therefore, the scope of claim 11 conflicts the scope of claim 1 and is unclear.
If Applicant trying to claim An outdoor power tool with a kit (accessory), the preamble should be change to “An outdoor power tool with a plurality of differently configured tool attachment units”. Please note that a power tool includes one power head and one attachment unit.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Link (US 5850882) in view of Tuggle et al (US 4421176) hereinafter Tuggle.
Claim 1, Link shows an outdoor power tool (Figure 1) comprising:
a power head (90) including a handle (24, Figure 1) and a user interface (26, 22, 28);
a motor (a motor housing 30 that is inherently has a motor) positioned within the power head, the motor rotatable in response to the user interface to rotate an output shaft extending therefrom (the output shaft is inherent because a motor has an output shaft to delivery rotation force or torque to a cutter);
a tool attachment unit (a cultivator head with the housing tube 50, Figure 1) comprising an attachment stem removably couplable to the power head at a first end (Col. 2, lines 64-68 “Planetary gear housing 32 is joined to a bolt clamp 34. Bolt clamp 34 attaches to a drive shaft housing tube 50, and allows the removal of power assembly 90 from the tool”) and a tool head (the cultivator head, Figure 1) including a cutter at a second end of the attachment stem;
a transmission shaft (70, Figure 2) positioned within the attachment stem and configured to rotate in response to rotation of the output shaft (this is inherently limitation, in order to drive the cutter, Figure 1);
a drive shaft (60, Figures 2-4) rotatable about a drive axis in response to rotation of the transmission shaft;
a transmission (Figures 2-4) supporting a geared connection (78, 72) between the transmission shaft and the drive shaft.
However, Link fails to show a cover receivable on the attachment stem between the tool attachment unit and the power head, the cover including an aperture and wherein at least one of the attachment stem and the tool attachment unit include a projection extending therefrom for engagement with the aperture.
Tuggle shows a similar device (Figures 1 and 3) that has a cover (28) receivable on an attachment stem (24) between a tool attachment unit (58) and a power head (16, Figure 1), the cover including an aperture (holes for receiving bolts 36, Figure 3) and wherein the attachment stem includes a projection (a metal plate 34 with the bolts 36) extending therefrom for engagement with the aperture (see the bolts 36 are in the holes of the cover 28 in Figure 3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the stem of Link to have a cover as taught by Tuggle, in order to prevent any dust or particle to strike to an operator.
If one still argues that Link’s motor does NOT have an output shaft, Examiner takes Official Notice that it has long been known to have an output shaft of the motor. Examples can be provided if challenged, as they are numerous. It would have been obvious to a person having ordinary skill in the art (PHOSITA) to have an output shaft of the motor, in order to transmit the rotation force or torque to the attachment tool unit.
Regarding claim 2, the modified tool of Link shows that the tool attachment unit is a tine assembly (Link’s 66, Figure 7) configured to cultivate soil (also see both Link and Tuggle references).
Regarding claim 3, the modified tool of Link shows that the motor is battery operated (see the battery housing 20 and the motor housing 30, Link’s Figure 1).
Regarding claim 4, the modified tool of Link shows that a length of the attachment stem defines a longitudinal axis about which the transmission shaft rotates (Link’s Figures 1-4), and wherein the cover further includes a retention mechanism selectively closed to limit an amount the cover may move relative the cutter along the longitudinal axis (see Tuggle’s Figure 3, the cover 28 and the plate 34 are adjustable along the tube 24 or stem via a cap 40 and a recessed portion 38).
Regarding claim 5, the modified tool of Link shows that the cutter is a first blade (66, Link’s Figure 1) in a plurality of blades each rotatable about the drive axis, wherein at least one of the plurality of blades has a first radius (Link’s Figure 1).
Regarding claim 6, the modified tool of Link shows that the projection is positioned on the attachment stem a predetermined distance away from the drive axis along the longitudinal axis (Tuggle’s Figure 3), and wherein the projection is received in the aperture to inhibit the cover from traversing the predetermined distance and thereby contacting the plurality of blades (Tuggle’s Figure 3).
Regarding claim 7, the modified tool of Link shows that the predetermined distance is greater than the first radius (this is inherently set a position of the cover 28 of Tuggle, in order to allow the cover NOT tough to the blades. Also, this cover is adjustable and it can be any positions that includes the claimed distance).
Regarding claim 8, the modified tool of Link shows that the projection is receivable in the aperture along the longitudinal axis to inhibit rotation of the cover about the longitudinal axis (see bolts 36, parts 34, 38, 40 in Tuggle’s Figure 3).
Regarding claim 9, the modified tool of Link shows that the projection is a screw and the aperture is a slotted recess, and wherein the screw is receivable in the slotted recess along the longitudinal axis to inhibit rotation of the cover about the longitudinal axis and limit movement of the cover along the longitudinal axis (see the discussion in claim 8 above).
Regarding claim 10, the modified tool of Link shows that the tool attachment unit includes a plurality of stiff bristles configured to clear a surface (see teeth of each blade, Link’s Figure 1).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Link (US 5850882) in view of Tuggle et al (US 4421176) hereinafter Tuggle and Beaulieu et al (US 2002/0064421) hereinafter Beaulieu.
Regarding claim 11, as best understood, the modified tool of Link shows all of the limitations as stated above except further comprising attachment unit kits or a plurality of differently configured tool attachment units and each supported by its attachment stem, and wherein the plurality of differently configured tool attachment units includes at least two of a cultivator, a brush, bristles, a trimmer, and a saw.
Beaulieu shows an outdoor power tool (Figures 1 and 2A-D) that comprises attachment unit kits or a plurality of differently configured tool attachment units (Figures 2A-D) each supported by its attachment stem alternatively coupled to a power head, and wherein the plurality of differently configured tool attachment units includes at least two of a cultivator, a brush, bristles, a trimmer, and a saw (see a trimmer 30, a brush saw 34, a cultivator 36).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the outdoor tool of Link to have a kit or a plurality of differently configured tool attachment units, as taught by Beaulieu, in order to allow each of a plurality of differently configured tool attachment units that can be used in one power head, instead of carrying a plurality of differently configured outdoor power tools.
Response to Arguments
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive for the following reasons:
Regards to the 112b, claim 11 remains the same. See the further explanation above.
Applicant stated that “Tuggle does not describe or illustrate that the boom 24 includes a projection that engages with an aperture of the shield 28”, this argument is acknowledged, but it is persuasive. As claim 1 is written “where the attachment stem includes a projection extending thereform for engagement with the aperture”, see Tuggle’s Figure 3 shows that the attachment stem (the tubular boom 24) includes a projection (a plate 34 including fasteners 36) extending thereform (the plate 34 extending from the boom 24) for engagement with the aperture (holes of the shield 28 for receiving the fasteners 36, Figure 3). Thus, the argument is not persuasive.
Also, Examiner notes that as the claim is written, it is unclear what claimed protrusion be, therefore, the plate 34 including fasteners 36 meets the limitation “protrusion”.
However, if Applicant still believes that the claimed invention’s apparatus/method different from the prior art’s apparatus/method or needs to discuss the rejections above or suggestion amendments that can be overcome the current rejections, Applicant should feel free to call the Examiner to schedule an interview.
Conclusion
THIS ACTION IS MADE FINAL. 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 NHAT CHIEU Q DO whose telephone number is (571)270-1522. The examiner can normally be reached 8AM-5PM EST.
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/NHAT CHIEU Q DO/ Primary Examiner, Art Unit 3724 3/10/2026