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 .
This communication is in response to application No. 18/805,623; Power Lawn Mower with Handle Control Interlock; filed on 8/15/2024. Claims 1 - 23 are currently pending and have been examined. Claims 1 - 23 have been rejected as follows.
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.
Claims 14 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.
Regarding claim 14; lines 14-15 states “the first upright support is located between at least the second upright support and the felt washer”, however, figs. 43-48 appear to show the felt washers as located inboard and between the two upright supports while outboard of the two flange supports. This also places the washer between the upright support and the flange.
Regarding claim 16; lines 19-20 states “the washer is not located between the first and second upright supports”, however, figs. 43-48 appear to show the felt washers as located between the two upright supports, and outboard of the two flanges.
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.
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Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Velke (5,809,755).
Regarding claim 1, Velke discloses;
A lawn mower comprising: at least one cutting blade (cutting blade 15; fig. 1) configured to be driven for cutting grass;
first and second rear drive wheels (drive wheels 23/25) each independently drivable in both forward and reverse directions so as to allow for substantially zero radius turning of the mower when the first and second drive wheels are driven in a predetermined manner; (Col. 4, lines 46-54 describes the drive and control arrangement for the rear wheels.)
a handle control assembly, comprising a plurality of pivotal hand control levers (levers 121/123; fig. 6), configured to allow an operator to steer the mower by controlling speed and direction of the first and second rear drive wheels,
wherein the handle control assembly is configured to control a first hydrostatic transmission (hydrostatic pump 31; fig. 7) for the first rear drive wheel and a second hydrostatic transmission (hydrostatic pump 33) for the second rear drive wheel;
a pivotal interlock comprising an elongated main body (bar 173; fig. 7) and at least one arm (locking member 185; fig. 7), wherein part of the arm is configured to selectively fit into a notch (notch 187) defined in a flange support (pump control lever 171) for selectively locking movement of the handle control assembly; (Velke discloses a pivoting, transverse bar with arms which contain the locking notches into which the control levers for the hydrostatic pumps locate when the locking function of the interlock is engaged. The control levers for the pumps are directly actuated by the handle control assembly, which are likewise locked in position through the action of the locking notches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to rearrange the locking notch so that is was located on a flange support of the control levers so that the arm (locking member 185) can fit into the notch and thereby lock the control handles and the hydrostatic pumps, since it has been held that, absent any showing of unexpected results, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.)
a hand-actuated lever (hand manipulated lever 175; fig. 7) configured to be manipulated in a manner which causes a brake force to be applied to at least one of the rear drive wheels and which also causes the pivotal interlock to pivot in a manner so that the part of the arm fits into the notch to lock movement of the handle control assembly, so that the interlock is configured to be in a locking position when the hand-actuated lever is in a first position and in an unlocked position where movement of the handle control assembly is not locked when the hand-actuated lever is in a different second position; (Col. 13, line 43 to col. 14, line 5 and fig. 7, describe the operation of the hand lever between two positions, to apply a brakes force at bands (180) as well as to actuate the interlock (173) to lock the handle control assembly (121/123) and the second position where the brakes and handle assembly are released.)
wherein a majority of the arm is located on an outboard side of the flange support. (Velke does not disclose an arm located on an outboard side of a flange support, which is part of the hand control levers, however fig. 7 illustrates the interlock lever (185) and notch (187) as located outboard of the hand control lever (123). (The opposite hand lever (121) seems to show the reverse of this.). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to position the arm outboard to the flange support, since it has been held that, absent any showing of unexpected results, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.)
Regarding claim 2, Velke discloses;
wherein the interlock comprises first and second arms (locking member 185; fig. 7) extending from opposite end portions of the elongated main body (bar 173),
wherein part of the first arm is configured to selectively fit into a first notch (187) defined in a first flange support (locking member 185; fig. 7) and part of the second arm is configured to selectively fit into a second notch defined in a second flange support for selectively locking movement of the handle control assembly, (Velke discloses two notches in two levers, corresponding to the left and right handles, which interact with control levers (171) for the hydrostatic motors and are directly controlled by the handle control levers. An obvious modification would rearrange the notch to the control lever, into which the interlock lever would nest in order to lock the handle controls.)
wherein a majority of the first arm is located on an outboard side of the first flange support and a majority of the second arm is located on an outboard side of the second flange support, so that the first and second flange supports are located between majority portions of the first and second arms as viewed from above. (Velke does not disclose an arm located on an outboard side of a flange support, which is part of the hand control levers, however fig. 7 illustrates the interlock lever (185) and notch (187) as located outboard of the hand control lever (123). (The opposite hand lever (121) seems to show the reverse of this.). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to position the arm outboard to the flange support, since it has been held that, absent any showing of unexpected results, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. This would also position the flange supports between majority portions of the arms.)
Regarding claim 3, Velke discloses;
wherein portions of the first and second arms (locking member 185; fig. 7) are substantially parallel to each other. (Fig. 7 illustrates the first and second arms as extending parallel to each other from the pivoting main body (bar 173).)
Regarding claim 4, Velke discloses;
wherein the interlock is configured so that the first and second arms move together when the interlock pivots. (Fig. 7 illustrates the first and second arms as extending from the pivoting main body (bar 173) such that they rotate together along with the bar.)
Regarding claim 5, Velke discloses;
further comprising first and second upright supports (support members 105; figs. 4, 6) for supporting the interlock and the handle control assembly, at least portions of the first and second upright supports being oriented substantially vertically. (Col. 12, lines 23 to 32 describe a pair of upright support arms, spaced apart, which support the control handle assembly. Figs. 4 and 6 illustrate these supports in a vertical orientation.)
Regarding claim 6, Velke discloses;
wherein the hand-actuated lever is a parking brake lever. (Col. 13, line 58 to col. 14, line 5 and fig. 7 describe the hand actuated lever as operating a parking brake.)
Regarding claim 7, Velke discloses;
wherein the interlock (bar 173; fig. 7) and the handle control assembly (handles 121, 123; fig. 6) pivot about different axes which are substantially parallel to each other. (Figs . 6 and 7 illustrates the interlock pivoting about axis (174) while the handles pivot about axis (111).)
Regarding claim 8, Velke discloses;
further comprising a footplate (foot supporting surface 163; fig. 5) for supporting a standing operator of the mower during mowing operations.
Regarding claim 9, Velke discloses;
further comprising first and second upright supports (support members 105; figs. 4, 6) for supporting the interlock and the handle control assembly, at least portions of the first and second upright supports being oriented substantially vertically; (Col. 12, lines 23 to 32 describe a pair of upright support arms, spaced apart, which support the control handle assembly. Figs. 4 and 6 illustrate these supports in a vertical orientation.)
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wherein a pivot axis of the handle control assembly is at least partially formed by a bolt which extends through at least one of the first and second upright supports. (Velke, col. 12, lines 23 to 32, describe the pivot for the control handles as two separate pivoting bars (127) which pivot about axis (111). While Velke does not specifically describe a bolt, the described pivoting bars are essentially bolts and it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to utilize a bolt as the pivoting support bars. Further, the use of a bolt as the pivoting support bar would result in the pivoting handle control assembly continuing to function as intended.)
Claim(s) 10-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Velke (5,809,755) in view of Richardson (US 5,778,727).
Regarding claim 10, Velke as modified above in claim 9, discloses a bolt as the pivot axis of the handle control assembly, but does not disclose a felt washer or a bearing. However, Richardson teaches;
wherein the bolt extends through an aperture in a first felt washer (felt washer 108; fig. 2) and an aperture in a first bearing (bearing 64). (Richardson describes a pivoting shaft with an affixed lever control arm. Fitting around this pivot is a felt washer which protects a bearing from contamination. Fig. 2 and col. 4, lines 13-16 and col. 3 lines 22-28)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Velke to include in a felt washer and a bearing as taught by Richardson, as the references and the claimed invention are directed to pivoting control shafts. As disclosed by Richardson, it is well known for a pivoting control shaft to include a felt washer and a bearing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Velke to include a felt washer and a bearing, as taught by Richardson, as such a modification would provide the ability to exclude dirt from the interior of the bearing housing. (Col. 4, lines 13-16 of Richardson).
Regarding claim 11, Velke in view of Richardson discloses;
wherein the bearing comprises a fixed inner race and a rotatable outer race, the inner race including a protruding portion extending beyond the outer race. (Fig. 2, and col. 3, lines 25-28, illustrate bearing (64) as a roller located between bearing housing (50) and shaft (68). In this arrangement, the rotating shaft is the inner race of the bearing as the rollers bear on the shaft itself. The shaft then extends through the aperture of the felt washer. Since the shaft is prone to wear, as the inner race of the bearing, it is a well-known solution to replace this type of loose roller bearing with a replaceable bearing with an inner race which is a press-fit to the rotating shaft.)
Regarding claim 12, Velke in view of Richardson discloses;
wherein the felt washer at least partially surrounds at least part of the protruding portion of the inner race. (Fig. 2 of Richardson illustrates the felt washer as surrounding the pivoting shaft, inner race of the bearing assembly.)
Regarding claim 13, Velke in view of Richardson discloses;
wherein the felt washer has a thickness that is greater than a distance which the protruding portion of the inner race extends beyond the outer race. (Richardson, fig. 2, illustrates a felt washer captured between the arm and the outer bearing race and extending over the rotating shaft which is the inner bearing race. It does not describe a felt washer which is thicker than a protrusion of the inner race. However, as the felt washer is purposely constructed of a compressible material, for the purpose of excluding contaminants, the standard practice would be to utilize a felt washer with an uninstalled thickness, somewhat larger than the assembled gap. Such a modification would have been obvious, to one having ordinary skill in the art before the effective filing date of the claimed invention, since it has been held that where the general conditions of a claim are disclosed in the prior art, then discovering the optimum or workable ranges involves only routine skill in the art In re Aller, 105 USPQ 233.)
Regarding claim 14, and considering the 112(b) rejection above, Velke in view of Richardson discloses;
wherein the felt washer is located between at least the first upright support and the bearing as viewed from above, (Fig. 2 of Richardson illustrates the felt washer as located between the control arm and the bearing housing. With the modification of Velke to utilize a bearing, along with the felt washer, of the type illustrated in Richardson, the felt washer would be located between the upright support and the bearing, in order to shield the bearing from contamination.)
wherein the first upright support is located between at least the second upright support and the felt washer as viewed from above. (With the modification of Velke under the teaching of Richardson, the control handle and support upright arrangements of Velke would be modified to include the bearing and felt washer of Richardson (see claim 10), which would place the felt washer between the control handle and the upright support (see claim 1, Velke fig. 6).)
Regarding claim 15, Velke in view of Richardson discloses;
wherein a majority of the arm is located between at least the first upright support and the flange support as viewed from above. (With the modification of Velke under the teaching of Richardson, the majority of the arm is located between the flange support (claim 1) and the first upright support (claim 9 by way of intervening claims 10-14).)
Regarding claim 16, and considering the 112(b) rejection above, Velke discloses;
A lawn mower comprising: at least one cutting blade (cutting blade 15; fig. 1) configured to be driven for cutting grass;
first and second rear drive wheels (drive wheels 23/25) each independently drivable in both forward and reverse directions so as to allow for substantially zero radius turning of the mower; (Col. 4, lines 46-54 describes the drive and control arrangement for the rear wheels.)
a handle control assembly (levers 121/123; fig. 6), comprising a plurality of pivotal hand control levers, configured to allow an operator to steer the mower by controlling speed and direction of the first and second rear drive wheels via respective first and second transmissions; (hydrostatic pumps 31/33; fig. 7)
a pivotal interlock comprising a main body (bar 173; fig. 7) and at least one arm (locking member 185; fig. 7), wherein part of the interlock is configured to selectively fit into a notch (notch 187) and/or recess defined in a support for selectively locking movement of the handle control assembly; (Velke discloses a pivoting interlock comprising a transverse bar with arms which contain locking notches (or recesses). Further, control levers for the hydrostatic pumps which are manipulated by the control handle assembly, engage with the notches for selectively locking the control handle assembly.)
first and second upright supports (support members 105; figs. 4, 6) for supporting the interlock and the handle control assembly, at least portions of the first and second upright supports being oriented substantially vertically; (Col. 12, lines 23 to 32 describe a pair of upright support arms, spaced apart, which support the control handle assembly. Figs. 4 and 6 illustrate these supports in a vertical orientation.)
wherein a pivot axis of the handle control assembly comprises at least one shaft, (Velke, col. 12, lines 23 to 32, describe the pivot for the control handles as two separate pivoting bars (127) which pivot about axis (111).)
Velke does not describe a bearing with a felt control washer where the washer is located on an outboard side of the notch so that the control washer is not located between the first and second upright supports. However Richardson teaches;
wherein a pivot axis of the handle control assembly comprises at least one bearing (bearing 64; fig. 2), and at least one control washer comprising felt (felt washer 108), (Richardson describes a pivoting shaft with an affixed lever control arm. Fitting around this pivot is a felt washer which protects a bearing from contamination. Fig. 2 and col. 4, lines 13-16 and col. 3 lines 22-28)
wherein the control washer comprising felt is located on an outboard side of the notch and/or recess so that the control washer comprising felt is not located between the first and second upright supports. (Fig. 2 of Richardson illustrates the felt washer as located between the control arm and the bearing housing. With the modification of Velke to utilize a bearing, along with the felt washer, of the type illustrated in Richardson, the felt washer would be located between the upright support and the bearing.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Velke to include in a felt washer and a bearing as taught by Richardson, as the references and the claimed invention are directed to pivoting control shafts. As disclosed by Richardson, it is well known for a pivoting control shaft to include a felt washer and a bearing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Velke to include a felt washer and a bearing, as taught by Richardson, as such a modification would provide the ability to exclude dirt from the interior of the bearing housing. (Col. 4, lines 13-16 of Richardson).
Regarding claim 17, Velke in view of Richardson discloses;
wherein the shaft (pivoting bars 127; fig. 7, Velke) is a shaft of a bolt, and wherein the bolt extends through each of: the control washer comprising felt (felt washer 108; fig. 2, Richardson), the bearing (bearing 64; Richardson), and at least one of the first and second upright supports. (Velke, col. 12, lines 23 to 32, describe the pivot for the control handles as two separate pivoting bars (127) which pivot about axis (111). While Velke does not specifically describe a bolt, the described pivoting bars are essentially bolts and it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to utilize a bolt as the pivoting support bars. Further, the use of a bolt as the pivoting support bar would result in the pivoting handle control assembly continuing to function as intended. Richardson describes a pivoting shaft with an affixed lever control arm. Fitting around this pivot is a felt washer which protects a bearing from contamination. Fig. 2 and col. 4, lines 13-16 and col. 3 lines 22-28)
Regarding claim 18, Velke in view of Richardson discloses;
wherein the control washer comprising felt is located between at least the first upright support and the bearing. (Fig. 2 of Richardson illustrates the felt washer as located between the control arm and the bearing housing. With the modification of Velke to utilize a bearing, along with the felt washer, of the type illustrated in Richardson, the felt washer would be located between the upright support and the bearing, in order to shield the bearing from contamination.)
Regarding claim 19, Velke in view of Richardson discloses;
further comprising a hand-actuated lever (hand manipulated lever 175; fig. 7) configured to be selectively manipulated in a manner to cause a brake force to be applied to at least one of the rear drive wheels and to also cause the pivotal interlock to pivot in a manner so that the part of the interlock fits into the notch and/or recess to lock movement of the handle control assembly. (Col. 13, line 43 to col. 14, line 5 and fig. 7, describe the operation of the hand lever, to apply a brakes force at bands (180) as well as to actuate the interlock (173) to lock the handle control assembly (121/123) with the interaction of notches (187).)
Regarding claim 20, Velke in view of Richardson discloses;
wherein the bearing comprises an inner race and an outer race, the inner race including a protruding portion extending beyond the outer race. (Fig. 2, and col. 3, lines 25-28, illustrate bearing (64) as a roller located between bearing housing (50) and shaft (68). In this arrangement, the rotating shaft is the inner race of the bearing as the rollers bear on the shaft itself. The shaft then extends beyond the outer race (housing 50). Since the shaft is prone to wear, as the inner race of the bearing, it is a well-known solution to replace this type of loose roller bearing with a replaceable bearing with an inner race which is a press-fit to the rotating shaft.)
Regarding claim 21, Velke in view of Richardson discloses;
wherein the felt washer at least partially surrounds at least part of the protruding portion of the inner race. (Fig. 2 of Richardson illustrates the felt washer as surrounding the pivoting shaft, inner race of the bearing assembly.)
Regarding claim 22, Velke in view of Richardson discloses;
wherein the felt washer has a thickness that is greater than a distance which the protruding portion of the inner race extends beyond the outer race. (Richardson, fig. 2, illustrates a felt washer captured between the arm and the outer bearing race and extending over the rotating shaft which is the inner bearing race. It does not describe a felt washer which is thicker than a protrusion of the inner race. However, as the felt washer is purposely constructed of a compressible material, for the purpose of excluding contaminants, the standard practice would be to utilize a felt washer with an uninstalled thickness, somewhat larger than the assembled gap. Such a modification would have been obvious, to one having ordinary skill in the art before the effective filing date of the claimed invention, since it has been held that where the general conditions of a claim are disclosed in the prior art, then discovering the optimum or workable ranges involves only routine skill in the art In re Aller, 105 USPQ 233.)
Regarding claim 23, Velke in view of Richardson discloses;
wherein the inner race is fixed, and the outer race is rotatable relative to the inner race. (Fig. 2, and col. 3, lines 25-28, illustrate bearing (64) as a roller located between bearing housing (50) and shaft (68). In this arrangement, the rotating shaft is the inner race of the bearing as the rollers bear on the shaft itself.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT LAWRENCE STRICKLER whose telephone number is (703)756-1961. The examiner can normally be reached Mon. - Fri. 9:30am to 5:30pm.
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/SCOTT LAWRENCE STRICKLER/Examiner, Art Unit 3612
/JASON S MORROW/Primary Examiner, Art Unit 3612
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