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 § 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) 1-3 and 6-7 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sprinkmann et al. 20150096278.
Referring to claim 1, Sprinkmann discloses a towable element for a lawnmower, the towable element comprising: a carriage (32) defining a work tool receiving area and an inner compartment (see fig. 16a and 16B, 508 or 608) configured to receive a fill material to selectively increase a weight of the towable element (see paragraph 0058); an engagement feature (see fig. 4, 74) coupled to the carriage, wherein the engagement feature removably interfaces with a complementary engagement feature of the lawnmower to selectively couple the towable element with the lawnmower ( see fig. 13A mower receiver system 400 and paragraph 0056); and a work tool (see fig. 16a, 16b, paragraph 0058-0059, dethatcher or aerator) removably disposed at the work tool receiving area, wherein the work tool acts on an underlying ground surface below the towable element.
Referring to claim 2, Sprinkmann discloses wherein the work tool (see fig. 16b, aerator 600) rotates along an axis oriented parallel with a lateral dimension of the carriage as the towable element is moved by the lawnmower.
Referring to claim 3, Sprinkmann discloses the work tool is selectable from a plurality of different work tools, the plurality of different work tools comprising a striper, an aerator, a dethatcher, a nut picker, and a scarifier (see paragraph 0058-0059).
Referring to claim 6, Sprinkmann discloses the inner compartment (508 or 608) is selectively closable by a top ( the compartment is capable of being closed by a top) , and wherein, in an open configuration with the top removed, the inner compartment is accessible ( Note, the top is not positively recited only that the compartment is closable by a top).
Referring to claim 7, in alternative embodiment shown in figure 2, the work tool is brush implement 14 and the inner compartment is roller 12 which is configured to receive a fill material to selectively increase a weight of the towable element (see paragraph 0041) and includes a drain (where plug 24 is located ) to selectively unload ballast material from inner compartment ( area at 24 can also be used to remove material from 24).
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hoffman 20090236106.
Referring to claim 1, Hoffman discloses a towable element for a lawnmower, the towable element comprising: a carriage (20) defining a work tool receiving area and an inner compartment (see fig. 2, at 110) configured to receive a fill material to selectively increase a weight of the towable element; an engagement feature (see fig. 2 200) coupled to the carriage, wherein the engagement feature removably interfaces with a complementary engagement feature of the lawnmower to selectively couple the towable element with the lawnmower ( see fig. 8, at 332); and a work tool (10) removably disposed at the work tool receiving area, wherein the work tool acts on an underlying ground surface below the towable element.
Referring to claim 2, Hoffman discloses wherein the work tool (10) rotates along an axis oriented parallel with a lateral dimension of the carriage as the towable element is moved by the lawnmower.
Referring to claim 3, Hoffman discloses the work tool is selectable from a plurality of different work tools, the plurality of different work tools comprising a striper, an aerator, a dethatcher, a nut picker, and a scarifier (see paragraph 0019).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman 20090236106 in view of Hare et al. 5163275.
Referring to claim 4, Hoffman discloses the work tool (10) is removably retained in the work tool receiving area by a first gated opening (32) comprising an opening that receives an axle (130) of the work tool. Hoffman does not disclose a gate moveable between an open position, in which the work tool is receivable and removable from the opening, and a closed position, in which a work tool is retained in the opening. Hare teaches (see fig. 6) it is known to use a gate (100) over an axle (48) to retain a tool in place. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the tool disclosed by Hoffman to further include a gate moveable between an open position, in which the work tool is receivable and removable from the opening, and a closed position in view of the teachings of Hare with a reasonable of success in order to ensure the axle stays in the opening.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sprinkmann et al. 20150096278 in view of Thompson 20140338934.
Referring to claim 5, Sprinkmann does not disclose the inner compartment (44) includes a plurality of portions. Thompson teaches an inner compartment (44) includes a plurality of portions (44a and 44b) each configured to separately receive the fill material to form a desired weight profile (see paragraph 0032). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the element disclosed by Sprinkmann to have an inner compartment includes a plurality of portions in view of the teachings Thompson, with a reasonable expectation of success as this is a mere substitution of one type of compartment for another.
Allowable Subject Matter
Claims 8-20 are allowed.
Referring to claim 8, the closest prior art to Humphrey 20100083628, Bundy 20080202091 or Pugh 5870888 do not teach or suggest at least one of the wheels of the lawnmower is coupled to an axle such that the at least one wheel is rotatable about an axis coaxial with the axle, wherein the axle forms the complementary engagement feature, and wherein the engagement feature comprises a hook extending from the carriage configured to be removably hooked to the axle in combination with the other limitations of the claim nor would it be obvious to modify the references to include this limitation.
Referring to claim 13, the closest prior art to Humphrey 20100083628 does not teach or suggest the walking element comprises a wheel, wherein the wheel comprises a geared surface, wherein the tool comprises a gear interfaced with the geared surface, and wherein rotation of the wheel caused by movement along the underlying ground surface drives the tool to rotate in combination with the other limitations of the claim nor would it be obvious to modify the references to include this limitation.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Postema 5579847 discloses a towable element with an inner compartment to receive a fill material.
Alston 20080053672 discloses a towable element with a weight.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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