Prosecution Insights
Last updated: September 17, 2026
Application No. 18/779,010

HYBRID MOWER

Non-Final OA §103
Filed
Jul 21, 2024
Priority
Jul 22, 2023 — provisional 63/528,370
Examiner
TORRES, ALICIA M
Art Unit
Tech Center
Assignee
Daye North America Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
877 granted / 1194 resolved
+13.5% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
30 currently pending
Career history
1223
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
46.4%
+6.4% vs TC avg
§102
23.9%
-16.1% vs TC avg
§112
26.5%
-13.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1194 resolved cases

Office Action

§103
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 . Claim Objections Claim 14 is objected to because of the following informalities: line 1, “wherein generator” should be changed to –wherein the generator—. Appropriate correction is required. 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) 10, 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gust et al. 7,610,975 in view of Pitcel et al. 8,863,485. Independent Claim 10: Gust discloses a mower (102, Figs. 3-4) comprising: a frame (104); a drive wheel (106a, 106b) for propelling the mower, the drive wheel coupled to the frame; a cutting unit (130) configured to cut grass; a first motor (118) operatively connected to the drive wheel; a second motor (136) operatively connected to the cutting unit; a primary battery (144) electrically connected to the first motor and the second motor to power the first motor and the second motor (col. 8, lns. 23-27); a generator (143, col. 4, lns. 52-56) electrically connected to the first motor and the second motor to selectively power the first motor and the second motor (col. 8, lns. 20-23), the generator further electrically connected to the primary battery to selectively charge the primary battery (col, 5, lns. 6-8); and a control unit (80) that can measure a charge level of the primary battery (col. 8, lns. 30-34), the control unit configured to operate the mower in a first operating condition (“all battery operation”, see col. 8, lns. 18-19, 23-27) in which the primary battery electrically powers the first motor and the second motor (see col. 5, lns. 8-14, col. 7, lns. 26-33, col. 8, lns. 23-27) and a second operating condition (“genset operation”, see col. 8, lns. 19-23) in which the generator electrically powers the first motor and the second motor and charges the primary battery (col. 6, lns. 31-44, 59-63), as per claim 10. However, while Gust discloses mower operation dependent on the battery level (col. 8, lns. 30-33), Gust fails to specifically disclose of wherein, when the mower is in the first operating condition and the charge level of the primary battery is measured at or below a low threshold, the control unit switches the mower to the second operating condition; wherein, when the mower is in the second operating condition and the charge level of the primary battery is measured at or above a high threshold, the control unit switches the mower to the first operating condition, as per claim 10. Pitcel discloses a similar mower (10) wherein, when the mower is in the first operating condition (“all-electric operating condition”) and the charge level of the primary battery (436) is measured at or below a low threshold (a “first predetermined level”), the control unit switches the mower to the second operating condition (col. 15, lns. 10-12); wherein, when the mower is in the second operating condition (“hybrid operating condition”) and the charge level of the primary battery is measured at or above a high threshold (a “second predetermined level”), the control unit switches the mower to the first operating condition (col. 15, lns. 18-20), as per claim 10. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the automatic operational switching according to charge level of the battery, as taught by Pitcel, on the mower of Gust in order to optimize mower operations while also moderating energy usage. Dependent Claims 12-13: Pitcel, of the resultant combination above, further discloses wherein the low threshold is set approximately between 5% and 30% (col. 8, ln. 66-col. 9, ln. 4, 80% DOD/discharged or 20% charged) of a total charge capacity of the primary battery (336), and wherein the high threshold is set approximately between 70% and 100% (col. 9, 20% DOD or 80% charged) of the total charge capacity of the primary battery, as per claim 12; wherein the generator (332) includes a receptacle (352) configured to supply electric power to an appliance, as per claim 13. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gust et al. in view of Pitcel et al. as applied to claim 13 above, and further in view of Klein et al. 6,359,344. Dependent Claim 14: The mower is disclosed as applied above. However, the combination fails to disclose wherein generator is electrically and mechanically detachable from the mower, and wherein the generator includes a pull start configured to turn the generator on when the generator is detached from the mower, as per claim 14. Klein discloses a similar mower (100) wherein generator (70) is electrically and mechanically detachable from the mower (the generator is a portable generator), and wherein the generator includes a pull start (132) configured to turn the generator on when the generator is detached from the mower, as per claim 14. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a portable generator as taught by Klein in the mower of Gust and Pitcel in order to increase the usefulness of the generator by allowing it to power additional and/or other appliances. Allowable Subject Matter Claims 1 and 15 are allowable because they include the auxiliary battery above and beyond the base hybrid system and its associated functionality within the hybrid circuit which the prior art does not disclose. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Song US 2023/0052504 A1 discloses similar systems to those of claimed invention but with minor differences. See the embodiments of figures 2-4 for example. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton, can be reached at (571) 272-7376. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300. /Alicia Torres/Primary Examiner, Art Unit 3671 September 5, 2026
Read full office action

Prosecution Timeline

Jul 21, 2024
Application Filed
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
91%
With Interview (+17.5%)
2y 7m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1194 resolved cases by this examiner. Grant probability derived from career allowance rate.

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