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 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 9-10, and 17 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.
In claim 9, the applicant claims the second aperture is keyhole shaped. However, claim 9 depends from claim 7 which claims the second aperture is not complete surrounded by a body of the second flange. It is unclear how the second aperture can be keyhole shaped and the second aperture is not complete surrounded by a body of the second flange. It appears the applicant is mislabeled the first aperture description and the second aperture description in claim 7. Correction or clarification is required.
In claim 10, the applicant claims the first aperture includes a channel connecting and exterior of the first flange to an interior of the first aperture. However, claim 10 depends from claim 7 which, claims the first apertures is completely surrounded by a body of the first flange. It is unclear has the first aperture can be completely surrounded a body of the first flange and include a channel connecting and exterior of the first flange to an interior of the first aperture. It appears the applicant is mislabeled the first aperture description and the second aperture description in claim 7. Correction or clarification is required.
In claim 17, the applicant claims the second aperture is keyhole shaped and includes two holes of different sizes. However, claim 17 depends from claim 15 which claims the second aperture is not complete surrounded by a body of the second flange. It is unclear how the second aperture can be keyhole shaped and the second aperture is not complete surrounded by a body of the second flange. It appears the applicant is mislabeled the first aperture description and the second aperture description in claim 15. Correction or clarification is required.
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) 1,2,4 and 19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Moore et al. 20230210047.
Referring to claim 1, Moore discloses a lawn mower (100) comprising: at least one cutting blade configured to be driven for cutting grass (see paragraph 0026 is a lawn mower although not shown would a cutting blade for cutting grass); a footplate (106) configured to support feet of a standing operator of the mower during mower operations; and a thigh pad assembly (see fig. 3), comprising a thigh pad (130) and a thigh pad support (140) ,configured to be pivotal ( at 154) and to be removable from the mower without the need for any tools.
Referring to claim 2, Moore discloses further comprising first and second spaced apart supports (see fig. 2, at 151 and 152) at least portions of which are substantially vertically oriented, wherein the first support is provided on a left side of the mower and the second support is provided on a right side of the mower as viewed from behind and/or from above the mower, and wherein the thigh pad assembly is configured to be selectively removable from the first and second spaced apart supports.
Referring to claim 4, Moore discloses at least a part (144) of the thigh pad support (140) is oriented substantially parallel to the thigh pad (130).
Referring to claim 19, Moore discloses the thigh pad assembly covers at least part of a fuel tank of the mower as viewed from a rear of the mower (see paragraph 0031 access opening 128 leads to fuel tank and thigh pad 130 covers access opening 128 see fig. 1).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore et al. 20230210047 in view of Velke et al. 20020059788.
Referring to claim 3, Moore discloses first and second rods (151 and 152) provided in the first and second spaced apart supports respectively for supporting the thigh pad but do disclose first and second bolts. Velke teaches that it is known to use bolts for hooks to attached around to support an object (See paragraph 0040). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the mower disclosed by Moore to have first and second supports to include bolts in view of the teachings of Velke with a reasonable expectation of success as this a mere substitution of one means for using the hooks to attaching the thigh pad to the mower for another means.
Allowable Subject Matter
Claim 20 is allowed.
Claims 5-8,11-16,18 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.
Claims 9-10 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Referring to claims 5, 11, 20 Moore disclose first and second flanges ( 154) having first and second apertures . Moore does not teach or suggest the first and second apertures having different shapes in combination with the other limitations of the claims nor would it be obvious to modify Moore to include this limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fisher 20190141889 discloses a lower with a thigh pad that is pivotal and is removable (see paragraph 0107).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIOVANNA WRIGHT whose telephone number is (571)272-7027. The examiner can normally be reached M-F 8 am- 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Giovanna Wright/Primary Examiner, Art Unit 3672
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