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
Claims 1, 8, 15 are objected to because of the following informalities:
Claim 1, lines 2-3 sets forth “a frame defining a a frame right side”, should read – a frame defining: a frame right side –.
Claim 8, lines 1-3 recites “A method of mowing using a ground following trimmer comprising, providing a ground following trimmer having, a frame”, should read – A method of mowing using a ground following trimmer comprising, a frame – for clarity.
Claim 8, lines 3-4 set forth “a frame defining a a frame right side”, should read – a frame defining: a frame right side –.
Claim 15, line 2 sets forth “a frame defining a a frame right side”, should read – a frame defining: a frame right side –.
Claim 15, line 11 recites “a first trimmer blade”, should read – the first trimmer blade – due to mention of the trimmer blade in line 9.
Appropriate correction is required.
Drawings
The drawings are objected to because references 188 and 189 in Fig. 4A are blurry and the features cannot be seen.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. (US 1586143 A) in view of Eavenson, Sr. et al. (US 7631477 B2).
Regarding claim 1, Cooper et al. teaches a ground following trimmer [21, 23, 26, 27, and 30], comprising:
a frame [26] defining a
a frame right side (see below) and a frame left side (see below) opposite from the frame right side and offset in a width direction (see below) by a frame width (see below),
a frame front (see below) and a frame back (see below) opposite from the frame front and offset in a depth direction (see below) by a frame depth (see below),
a frame top (see below) and a frame bottom (see below) opposite from the frame top and offset in a height direction (see below) by a frame height (see below);
a first trimmer blade [21] extending between the frame right side and the frame left side (see Fig. 1);
a height adjustment mechanism ([30], see page 2, lines 32-44) configured to change the position of a roller axis (see below) with respect to the frame in at least the height direction.
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But Cooper et al. fails to disclose the height adjustment mechanism is a suspension having a slider-crank mechanism engaged with the frame, the slider-crank mechanism having a crank defining a height adjustment axis about which the crank is rotatably engaged to the frame, a roller axis offset from the height adjustment axis by a first fixed crank distance; a slider having a first slider end operatively engaged to the frame, a second slider end operatively engaged to the crank to transmit work from the slider to the crank to rotate the crank with respect to the frame about the height adjustment axis; and wherein rotation of the crank about the height adjustment axis changes the position of the roller axis with respect to the frame in at least the height direction.
Eavenson, Sr. et al. discloses a similar height adjustment suspension (see Fig. 2) configured to change the position of a roller axis (see below; extends the length of the roller) and having a slider-crank mechanism [36, 50 and 66] engaged with the frame [34 and 52],
the slider-crank mechanism having a crank [36] defining a height adjustment axis (see below) about which the crank is rotatably engaged to the frame (rotatably engaged through pivot [40], see Col. 4, lines 52-55), a roller axis (see below; extends the length of the roller) offset from the height adjustment axis by a first fixed crank distance (see below);
a slider [50 and 66] having a first slider end (see below) operatively engaged to the frame (operatively engaged through pin [78] in slots [72] on collar [74] connected to frame, allowing for the user to determine the starting height of the slider, see Col. 4, lines 42-46), a second slider end (see below) operatively engaged to the crank to transmit work from the slider to the crank to rotate the crank with respect to the frame about the height adjustment axis (slider biases crank downwards, forcing connection with ground, and allows for the crank to pivot upwards over uneven terrain, see Col. 4, lines 50-62); and
wherein rotation of the crank about the height adjustment axis changes the position of the roller axis with respect to the frame in at least the height direction (rotation of the crank changes the position of the roller; therefore, changing the position of the roller axis, see Col. 4, lines 50-62).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the height adjustment mechanism of Cooper et al. with the height adjustment suspension of Eavenson, Sr. et al. since both are height adjustment mechanisms used to vertically adjust the roller; therefore, yielding the same predictable result. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the height adjustment suspension of Eavenson, Sr. et al. on the trimmer of Cooper et al. in order for the roller to automatically adjust over bumps or rises in the ground (see Eavenson, Sr. et al. Col. 4, lines 50-62).
Regarding claim 2, Cooper et al., of the above resultant combination, further discloses a roller [28] operationally engaged with the height adjustment mechanism ([30], see page 2, lines 32-44) to rotate about the roller axis (see above) and to provide support to the trimmer [23, 26, 27, and 30] above a surface (ground) as it moves over the surface, but fails to disclose the roller is operationally engaged with the slider-crank mechanism to rotate about the roller axis.
However, Eavenson, Sr. et al. discloses a similar roller [32] operationally engaged with the slider-crank mechanism [36, 50 and 66] to rotate about the roller axis (see above and Col. 4, lines 50-62).
It can be seen then that when the slider-crank mechanism of Eavenson, Sr. et al. is applied to the trimmer of Cooper et al. that the roller is engaged with the slider-crank mechanism to rotate about the roller axis and to support the trimmer as it moves over the surface (see Eavenson, Sr. et al. Col. 4, lines 50-62).
Regarding claim 3, Eavenson, Sr. et al., of the above resultant combination, further discloses wherein the crank [36] further defines a slider input axis (see below; axis where the slider is connected) offset from the height adjustment axis (see below) by a second fixed crank distance (see below).
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Regarding claim 4, Eavenson, Sr. et al., of the above resultant combination, further discloses wherein the second slider end (see above) is operatively engaged to the crank [36] at the slider input axis (see above).
Regarding claims 5 and 10, Cooper et al., of the above resultant combination, further discloses wherein the first trimmer blade [21] comprises at least one trimmer blade adapted to operate by reciprocating motion (see page 1, lines 95-99) along a first reciprocation axis (see below).
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Regarding claim 6, Cooper et al., of the above resultant combination, further discloses the roller axis (see above) is substantially parallel to the width direction (see above); and
the first reciprocation axis (see above) is substantially parallel to the width direction.
But Cooper et al. fails to disclose the height adjustment axis is substantially parallel to the width direction and the slider input axis is substantially parallel to the width direction.
However, Eavenson, Sr. et al. discloses the height adjustment axis (see below) is substantially parallel to the width direction (see below); and
the slider input axis (see below) is substantially parallel to the width direction.
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It can be seen then that when the height adjustment suspension of Eavenson, Sr. et al. is applied to the trimmer of Cooper et al. that the height adjustment axis and the slider input axis are substantially parallel to the width direction of Cooper et al. as disclosed by Eavenson, Sr. et al. (see above).
Regarding claim 7, Eavenson, Sr. et al., of the above resultant combination, further discloses wherein the slider [50 and 66] comprises a spring [66].
Regarding claim 8, Cooper et al. teaches a method (method of using [21, 23, 26, 27, and 30]) of mowing using a ground following trimmer [21, 23, 26, 27, and 30] comprising,
providing a ground following trimmer having,
a frame [26] defining a
a frame right side (see below) and a frame left side (see below) opposite from the frame right side and offset in a width direction (see below) by a frame width (see below),
a frame front (see below) and a frame back (see below) opposite from the frame front and offset in a depth direction (see below) by a frame depth (see below),
a frame top (see below) and a frame bottom (see below) opposite from the frame top and offset in a height direction (see below) by a frame height (see below);
a first trimmer blade [21] extending between the frame right side and the frame left side (see Fig. 1);
a height adjustment mechanism ([30]; see page 2, lines 32-44) configured to change the position of a roller axis (see below) with respect to the frame in at least the height direction;
a roller [28] providing support to the trimmer above a surface as it moves over the surface (see page 2, lines 27-44);
moving the ground following trimmer over the surface (through use of the roller [28]); and
operating the first trimmer blade to mow a mowable material as the ground following trimmer moves over the surface (trimmer blade [21] mows vegetation).
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But Cooper et al. fails to disclose the height adjustment mechanism is a suspension having a slider-crank mechanism engaged with the frame, the slider-crank mechanism having a crank defining a height adjustment axis about which the crank is rotatably engaged to the frame, a roller axis offset from the height adjustment axis by a first fixed crank distance; a slider having a first slider end operatively engaged to the frame, a second slider end operatively engaged to the crank to transmit work from the slider to the crank to rotate the crank with respect to the frame about the height adjustment axis; and wherein rotation of the crank about the height adjustment axis changes the position of the roller axis with respect to the frame in at least the height direction; and the roller is operationally engaged with the slider-crank mechanism to rotate about the roller axis.
Eavenson, Sr. et al. discloses a similar height adjustment suspension (see Fig. 2) configured to change the position of a roller axis (see below; extends the length of the roller) and having a slider-crank mechanism [36, 50 and 66] engaged with the frame [34 and 52],
the slider-crank mechanism having a crank [36] defining a height adjustment axis (see below) about which the crank is rotatably engaged to the frame (rotatably engaged through pivot [40], see Col. 4, lines 52-55), a roller axis (see below; extends the length of the roller) offset from the height adjustment axis by a first fixed crank distance (see below);
a slider [50 and 66] having a first slider end (see below) operatively engaged to the frame (operatively engaged through pin [78] in slots [72] on collar [74] connected to frame, allowing for the user to determine the starting height of the slider, see Col. 4, lines 42-46), a second slider end (see below) operatively engaged to the crank to transmit work from the slider to the crank to rotate the crank with respect to the frame about the height adjustment axis (slider biases crank downwards, forcing connection with ground, and allows for the crank to pivot upwards over uneven terrain, see Col. 4, lines 50-62); and
wherein rotation of the crank about the height adjustment axis changes the position of the roller axis with respect to the frame in at least the height direction (rotation of the crank changes the position of the roller; therefore, changing the position of the roller axis, see Col. 4, lines 50-62);
and a similar roller [32] operationally engaged with the slider-crank mechanism to rotate about the roller axis (see above and Col. 4, lines 50-62).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the height adjustment mechanism of Cooper et al. with the height adjustment suspension of Eavenson, Sr. et al. since both are height adjustment mechanisms used to vertically adjust the roller; therefore, yielding the same predictable result. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the height adjustment suspension of Eavenson, Sr. et al. on the trimmer of Cooper et al. in order for the roller to automatically adjust over bumps or rises in the ground (see Eavenson, Sr. et al. Col. 4, lines 50-62).
Regarding claim 9, Eavenson, Sr. et al., of the above resultant combination, further discloses wherein the crank [36] further defines a slider input axis (see below) offset from the height adjustment axis (see below) by a second fixed crank distance (see below); and
wherein the second slider end (see above) is operatively engaged to the crank at the slider input axis (see below).
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Regarding claim 11, Cooper et al., of the above resultant combination, further discloses a second trimmer blade ([23], see Fig. 1 and page 2, lines 11-15) extending between the frame right side (see above) and the frame left side (see above).
Claim(s) 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. (US 1586143 A) and Eavenson, Sr. et al. (US 7631477 B2) as applied to claims 1-11 above, and further in view of Bathurst (US 2654200 A).
Regarding claim 12, the above combination discloses the ground following trimmer, but fails to disclose wherein the second trimmer blade is adapted to operate by reciprocating motion along a second reciprocation axis that is: offset from the first reciprocation axis in the depth direction; and offset from the first reciprocation axis in the height direction.
Bathurst discloses a similar ground following trimmer (see Fig. 1) comprising a first trimmer blade and a second trimmer blade (both trimmer blades use reference [28]; one on either side of the trimmer, see Fig. 1) wherein the second trimmer blade is adapted to operate by reciprocating motion (see Col. 2, lines 48-55) along a second reciprocation axis (see below) that is:
offset from the first reciprocation axis (see below) in the depth direction (see below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to move the second trimmer blade of Cooper et al. and Eavenson, Sr. et al. to be opposite of the first trimmer blade as taught by Bathurst in order for the trimmer blades to cut the grass before the wheel of the trimmer traverses over the ground, preventing clogging of vegetation on the wheel (see Bathurst Col. 1, lines 11-18). It can be seen then that when the second trimmer blade is located opposite the first trimmer blade that the second reciprocation axis is offset from the first reciprocation axis in a depth direction as taught by Bathurst (see above).
But Bathurst fails to explicitly disclose the second reciprocation axis is offset from the first reciprocation axis in the height direction.
However, Eavenson, Sr. et al. discloses a height adjustment suspension [36, 50 and 66] configured to change the position of a roller axis (see above and Col. 4, lines 50-62) wherein the slider comprises multiple height-adjustment holes [72] and pins [78] for the user to adjust the starting position of the roller (see Col. 4, lines 42-46).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the second reciprocation axis to be offset in the height direction from the first reciprocation axis in order to cut vegetation at different heights to reduce clogging of the trimmer blades. It is noted that such a modification would merely constitute routine optimization of a result effective variable and it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 13, Cooper et al., of the above resultant combination, further discloses the roller axis (see above) is substantially parallel to the width direction (see above); and
the first reciprocation axis (see above) is substantially parallel to the width direction.
But Cooper et al. fails to disclose the height adjustment axis is substantially parallel to the width direction; the slider input axis is substantially parallel to the width direction, and the second reciprocation axis is substantially parallel to the width direction.
However, Eavenson, Sr. et al. discloses the height adjustment axis (see above) is substantially parallel to the width direction (see above); and
the slider input axis (see above) is substantially parallel to the width direction.
It can be seen then that when the height adjustment suspension of Eavenson, Sr. et al. is applied to the trimmer of Cooper et al. that the height adjustment axis and the slider input axis are substantially parallel to the width direction of Cooper et al. as disclosed by Eavenson, Sr. et al. (see above).
But Eavenson, Sr. et al. fails to disclose the second reciprocation axis is substantially parallel to the width direction.
Bathurst discloses the second reciprocation axis (see above) is substantially parallel to the width direction (see above).
It can be seen then that when the ground following trimmer of Cooper et al. and Eavenson, Sr. et al. is modified to have the second trimmer blade as taught by Bathurst that the second reciprocation axis extends substantially parallel to the width direction of Cooper et al. as taught by Bathurst (see above).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. (US 1586143 A), Eavenson, Sr. et al. (US 7631477 B2), and Bathurst (US 2654200 A) as applied to claims 12-13 above, and further in view of Kress (EP 4241552 A1)
Regarding claim 14, the ground following trimmer is disclosed as applied above, but the combination fails to explicitly disclose wherein, during operation, the reciprocating motion of the first trimmer blade along the first reciprocation axis has an operating frequency and operating amplitude that is the same operating frequency and operating amplitude of the reciprocating motion of the second trimmer blade along the second reciprocation axis but wherein the reciprocating motion of the first trimmer blade 180 degree out of phase from the reciprocating motion of the second trimmer blade.
Kress discloses a similar ground following trimmer (see Fig. 1) wherein, during operation, the reciprocating motion of the first trimmer blade [18] has an operating frequency and operating amplitude that is the same operating frequency and operating amplitude (see para. [0036], lines 9-12; both are the same in order to cancel each other out) of the reciprocating motion of the second trimmer blade [19] but wherein the reciprocating motion of the first trimmer blade 180 degree out of phase from the reciprocating motion of the second trimmer blade (see para. [0025], lines 6-8 and para. [0036], lines 9-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the first trimmer blade and the second trimmer blade of Cooper et al., Eavenson, Sr. et al. and Bathurst operate at the same frequency and amplitude but 180 degrees out of phase as taught by Kress in order to reduce vibrations of the trimmer to a minimum thus increasing the operating comfort for the user (see Kress para. [0036], lines 6-8). Therefore, it can be seen then that when the operating frequency and amplitude as taught by Kress is applied to the trimmer blades of Cooper et al., Eavenson, Sr. et al. and Bathurst, the first trimmer blade operates at a frequency and amplitude along the first reciprocation axis and the second trimmer blade operates at the same frequency and amplitude along the second reciprocation axis.
Claim(s) 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. (US 1586143 A) in view of Eavenson, Sr. et al. (US 7631477 B2), and Houser (US 2158580 A).
Regarding claim 15, Cooper et al. teaches a ground following trimmer [21, 23, 26, 27, and 30], comprising:
a frame [26] defining a
a frame right side (see below) and a frame left side (see below) opposite from the frame right side and offset in a width direction (see below) by a frame width (see below),
a frame front (see below) and a frame back (see below) opposite from the frame front and offset in a depth direction (see below) by a frame depth (see below),
a frame top (see below) and a frame bottom (see below) opposite from the frame top and offset in a height direction (see below) by a frame height (see below);
a first trimmer blade [21] extending between the frame right side and the frame left side (see Fig. 1), and having a first trimmer blade adapted to operate by reciprocating motion (see page 1, lines 107-110 and page 2, lines 1-4) along a first reciprocation axis (see below) that is substantially parallel to the width direction;
a height adjustment mechanism ([30]; see page 2, lines 32-44) configured to change the position of a roller axis (see below) with respect to the frame and engage with the frame at the frame right side (see Fig. 1; engages with both sides of the frame),
a grooming roller ([28], roller has contact with ground; therefore, flattens vegetation) operationally engaged to rotate about the first roller axis and to provide support to the trimmer above a surface as the trimmer moves over the surface (see Col. 4, lines 50-62).
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But Cooper et al. fails to disclose the height adjustment mechanism is a suspension having a slider-crank mechanism engaged with the frame, the first slider-crank having a first crank defining a first height adjustment axis about which the first crank is rotatably engaged to the frame, the first height adjustment axis being substantially parallel to the width direction, a first roller axis offset from the first height adjustment axis by a first fixed crank distance, the first roller axis being substantially parallel to the width direction, and, a first slider input axis offset from the first height adjustment axis by a second fixed crank distance, the first slider input axis being substantially parallel to the width direction, a first slider having a first slider end operatively engaged to the frame through a threadedly adjustable adjustment feature, a second slider end operatively engaged to the crank at the first slider input axis to transmit work from the first slider to the first crank to rotate the first crank with respect to the frame about the first height adjustment axis, wherein rotation of the first crank about the first height adjustment axis changes the position of the first roller axis with respect to the frame in at least the height direction; and wherein the first slider has a spring.
Eavenson, Sr. et al. discloses a similar height adjustment suspension (see Fig. 2) configured to change the position of a roller axis (see below; extends the length of the roller) and having a slider-crank mechanism [36, 50 and 66] engaged with the frame,
the first slider-crank having a first crank [36] defining a first height adjustment axis (see below) about which the first crank is rotatably engaged to the frame (rotatably engaged through pivot [40], see Col. 4, lines 52-55), the first height adjustment axis being substantially parallel to the width direction (see below), a first roller axis (see below; extends the length of the roller) offset from the first height adjustment axis by a first fixed crank distance (see below), the first roller axis being substantially parallel to the width direction (see below), and,
a first slider input axis (see below) offset from the first height adjustment axis by a second fixed crank distance (see below), the first slider input axis being substantially parallel to the width direction (see below),
a first slider [50 and 66] having a first slider end (see below) operatively engaged to the frame through an adjustable adjustment feature (first end engaged through pin [78] inserted into holes [72], allowing for the user to determine the starting height of the slider, see Col. 4, lines 42-46), a second slider end (see below) operatively engaged to the crank at the first slider input axis (see below) to transmit work from the first slider to the first crank to rotate the first crank with respect to the frame about the first height adjustment axis (slider biases crank downwards, forcing connection with ground, and allows for the crank to pivot upwards over uneven terrain, see Col. 4, lines 50-62),
wherein rotation of the first crank about the first height adjustment axis changes the position of the first roller axis with respect to the frame in at least the height direction (rotation of the crank changes the position of the roller; therefore, changing the position of the roller axis, see Col. 4, lines 50-62); and
wherein the first slider has a spring [66].
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the height adjustment mechanism of Cooper et al. with the height adjustment suspension of Eavenson, Sr. et al. since both are height adjustment mechanisms used to vertically adjust the roller; therefore, yielding the same predictable result. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the height adjustment suspension of Eavenson, Sr. et al. on the trimmer of Cooper et al. in order for the roller to automatically adjust over bumps or rises in the ground (see Eavenson, Sr. et al. Col. 4, lines 50-62).
But Eavenson, Sr. et al. fails to explicitly disclose the adjustable adjustment feature has threads.
Houser discloses a similar ground following trimmer [8] comprises of a first slider [9] having a first slider end (see below) operatively engaged to the frame through a threadedly adjustable adjustment feature (engaged through bolts [28] inserted into holes [12], see Col. 2, lines 60-62 and Col. 3, lines 1-12).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the adjustable adjustment feature of Eavenson, Sr. et al. with the threadedly adjustable adjustment feature of Houser since both are connectors removably adjustable by the user for determining the starting position of the slider and thus the roller; therefore, yielding the same predictable result.
Regarding claim 16, the above combination discloses the ground following trimmer as applied, but fails to disclose a mount adapted to operationally engage the ground following trimmer to an associated mower.
Houser discloses a similar ground following trimmer [8] comprising a mount ([17 and 18]; see Col. 2, lines 45-52) adapted to operationally engage the ground following trimmer to an associated mower [1].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the mount of Houser on the ground following trimmer of Cooper et al. and Eavenson, Sr. et al. in order for the user to mow and edge together to eliminate the need to edge by hand and save time (see Houser Col. 1, lines 3-29).
Regarding claim 17, Cooper et al., of the above resultant combination, further discloses a second trimmer blade ([23], see Fig. 1 and page 2, lines 11-15) extending between the frame right side (see above) and the frame left side (see above).
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. (US 1586143 A), Eavenson, Sr. et al. (US 7631477 B2), and Houser (US 2158580 A) as applied to claims 15-17 above, and further in view of Bathurst (US 2654200 A).
Regarding claim 18, the above combination discloses the ground following trimmer, but fails to disclose wherein the second trimmer blade is adapted to operate by reciprocating motion along a second reciprocation axis that is: substantially parallel to the width direction; offset from the first reciprocation axis in the depth direction; and offset from the first reciprocation axis in the height direction.
Bathurst discloses a similar ground following trimmer (see Fig. 1) comprising a first trimmer blade and a second trimmer blade (both trimmer blades use reference [28]; one on either side of the trimmer, see Fig. 1) wherein the second trimmer blade is adapted to operate by reciprocating motion (see Col. 2, lines 48-55) along a second reciprocation axis (see below) that is:
substantially parallel to the width direction (see below);
offset from the first reciprocation axis (see below) in the depth direction (see below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to move the second trimmer blade of Cooper et al. and Eavenson, Sr. et al. to be opposite of the first trimmer blade as taught by Bathurst in order for the trimmer blades to cut the grass before the wheel of the trimmer traverses over the ground, preventing clogging of vegetation on the wheel (see Bathurst Col. 1, lines 11-18). It can be seen then that when the second trimmer blade is located opposite the first trimmer blade that the second reciprocation axis is substantially parallel to the width direction and offset from the first reciprocation axis in a depth direction as taught by Bathurst (see above).
But Bathurst fails to explicitly disclose the second reciprocation axis is offset from the first reciprocation axis in the height direction.
However, Eavenson, Sr. et al. discloses a height adjustment suspension [36, 50 and 66] configured to change the position of a roller axis (see above and Col. 4, lines 50-62) wherein the slider comprises multiple height-adjustment holes [72] and pins [78] for the user to adjust the starting position of the roller (see Col. 4, lines 42-46).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the second reciprocation axis to be offset in the height direction from the first reciprocation axis in order to cut vegetation at different heights to reduce clogging of the trimmer blades. It is noted that such a modification would merely constitute routine optimization of a result effective variable and it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. (US 1586143 A), Eavenson, Sr. et al. (US 7631477 B2), Houser (US 2158580 A), and Bathurst (US 2654200 A) as applied to claim 18 above, and further in view of Casetta (WO 2022234428 A1).
Regarding claim 19, the above combination discloses the ground following trimmer as applied, but the combination fails to disclose wherein the slider further comprises a damper.
Casetta discloses a similar ground following trimmer [10] wherein the slider [28] further comprises a damper (slider is a damper, see page 10, lines 21-26).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the spring in the slider of Cooper et al., Eavenson, Sr. et al., Houser, and Bathurst with the damper of Casetta since both are mechanisms used to absorb the force of movement of the device; therefore, yielding the same predictable result. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the spring of Cooper et al., Eavenson, Sr. et al., Houser, and Bathurst with the damper of Casetta in order to ensure the trimmer blade is held within the working space despite movement of the roller supporting the blade (see Casetta page 10, lines 21-26).
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. (US 1586143 A), Eavenson, Sr. et al. (US 7631477 B2), Houser (US 2158580 A), Bathurst (US 2654200 A), and Casetta (WO 2022234428 A1) as applied to claim 19 above, and further in view of Kress (EP 4241552 A1)
Regarding claim 20, the ground following trimmer is disclosed as applied above, but the combination fails to explicitly disclose wherein, during operation, the reciprocating motion of the first trimmer blade along the first reciprocation axis has an operating frequency and operating amplitude that is the same operating frequency and operating amplitude of the reciprocating motion of the second trimmer blade along the second reciprocation axis but wherein the reciprocating motion of the first trimmer blade 180 degree out of phase from the reciprocating motion of the second trimmer blade.
Kress discloses a similar ground following trimmer (see Fig. 1) wherein, during operation, the reciprocating motion of the first trimmer blade [18] has an operating frequency and operating amplitude that is the same operating frequency and operating amplitude (see para. [0036], lines 9-12; both are the same in order to cancel each other out) of the reciprocating motion of the second trimmer blade [19] but wherein the reciprocating motion of the first trimmer blade 180 degree out of phase from the reciprocating motion of the second trimmer blade (see para. [0025], lines 6-8 and para. [0036], lines 9-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the first trimmer blade and the second trimmer blade of Cooper et al., Eavenson, Sr. et al., Houser, Bathurst, and Casetta operate at the same frequency and amplitude but 180 degrees out of phase as taught by Kress in order to reduce vibrations of the trimmer to a minimum thus increasing the operating comfort for the user (see Kress para. [0036], lines 6-8). Therefore, it can be seen then that when the operating frequency and amplitude as taught by Kress is applied to the trimmer blades of Cooper et al., Eavenson, Sr. et al., Houser, Bathurst, and Casetta, the first trimmer blade operates at a frequency and amplitude along the first reciprocation axis and the second trimmer blade operates at the same frequency and amplitude along the second reciprocation axis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for the full list of references.
Reference US 1686894 A discloses a similar height adjustment suspension comprising of a crank [34] and a slider [36].
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/SUNNY D WEBB/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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