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.
Claims 12 and 20 are 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.
Referring to claim 12, the lines 2-3 the phrase “wherein the work tool comprises a work tool” is unclear. Clarification or correction is required.
Referring to claim 20, the applicant recites “the gated openings are spring biased to a closed position”. This is unclear as the openings are not spring biased but rather the gate is spring biased. Clarification or correction 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) 1-3, 7-8,10 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Bundy 20080202091 .
Referring to claim 1, Bundy discloses a towable element for a lawnmower, the towable element comprising: a carriage (30) defining a work tool receiving area; an engagement feature coupled to the carriage, wherein the engagement feature (18a,18b) removably interfaces with a complementary engagement feature of the lawnmower to selectively couple the towable element with the lawnmower; and a work tool (34) 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, Bundy discloses the work tool (34) 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, Bundy discloses the work tool (34) 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 0014).
Referring to claim 7, Bundy discloses the carriage (30) defines an inner compartment (see figure 2) configured to receive a material.
Referring to claim 8, Bundy discloses a lawnmower comprising: a plurality of wheels (see fig. 1); a mower deck supported by the plurality of wheels (see figure 1); a cutting implement disposed below the mower deck ( device is lawnmower which would have a blade); a motor to drive the cutting implement (see fig. 1); a handle (14, 16) extending rearward from the mower deck; a towable element (at 10), the towable element comprising: a carriage (30) defining a work tool receiving area; an engagement feature coupled to the carriage, wherein the engagement feature (see fig. 18a,18b) removably interfaces with a complementary engagement feature of the lawnmower to selectively couple the towable element with the lawnmower; and a work tool (34) 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 10, Bundy discloses the carriage (30) is supported on the ground by only the engagement feature (at 18a and 18b) and the work tool (34).
Claim(s) 1-2, 8,10,11 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Pugh 5870888 .
Referring to claim 1, Pugh discloses a towable element for a lawnmower, the towable element comprising: a carriage (14,15 and 49) defining a work tool receiving area; an engagement feature (16) 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; 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, Pugh discloses 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 8, Pugh discloses a lawnmower comprising: a plurality of wheels (see fig. 3); a mower deck (12) supported by the plurality of wheels; a cutting implement (32) disposed below the mower deck; a motor (35) to drive the cutting implement); a handle (26) extending rearward from the mower deck; a towable element, the towable element comprising: a carriage (14,15 and 49) defining a work tool receiving area; an engagement feature (16) 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; 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 10, Pugh discloses the carriage (14,15 and 49) is supported on the ground by only the engagement feature (16) and the work tool (10).
Referring to claim 11, Pugh discloses the carriage (14,15 and 49) articulates relative to the lawnmower about a pivot axis formed at the complementary engagement feature (see col. 3, lines 23-28).
Claim(s) 1-3, 7,13 and 16-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Humphrey 20100083628.
Referring to claim 1, Humphrey discloses a towable element for a lawnmower, the towable element comprising: a carriage (14) defining a work tool receiving area; an engagement feature coupled to the carriage, wherein the engagement feature (see fig. 4 at 16) removably interfaces with a complementary engagement feature of the lawnmower to selectively couple the towable element with the lawnmower; and a work tool (12) 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, Humphrey discloses the work tool (12) 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, Humphrey discloses the work tool (12) 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 abstract).
Referring to claim 7, Humphrey discloses the carriage (14) defines an inner compartment (see figure 13, under the hood 72 ) configured to receive a material.
Referring to claims 13, Humphrey discloses a work tool for a towable element, the towable element being configured to removably couple to a complementary engagement feature of a lawnmower, the work tool comprising: an attachment feature (62) configured to interface with a plurality of gated openings (64) in a carriage of the towable element to removably retain the work tool in a work tool receiving area of the carriage ; a walking element ( bearings 54 and bolt 58 in combination) configured to support the work tool while the lawnmower traverses an underlying ground surface, wherein the walking element is integral with the work tool; and a tool (12) operably coupled to the walking element such that movement of the walking element drives the tool to move (see paragraph 0033 shaft is driven by key 60 on bolt 58).
Referring to claim 16, Humphrey discloses the tool (12) comprises a lawn dethatcher, and wherein the lawn dethatcher is rotatably driven by movement of the work tool along the underlying ground surface ( moving the work tool along the ground will also cause the tool 12 to move).
Referring to claim 17, Humphrey discloses an adjustment feature (34) that adjusts a height of the tool relative to the underlying ground surface (see paragraph 0031).
Referring to claim 18, Humphrey discloses the work tool is further removably retained in the work tool receiving area of the carriage by a secondary attachment feature (40) , the secondary attachment disposed on a same lateral side of the work tool as the attachment feature (62).
Referring to claim 19,Humphrey discloses the attachment feature (62) comprises an axle.
Referring to claim 20, as best understood by the examiner, Humphrey discloses the gated openings (64) are spring biased to a closed position (by pin 62).
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) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Humphrey 20100083628 in view of Hare et al. 5163275 .
Referring to claim 4, Humphrey discloses a the work tool is removably retained in the work tool receiving area by a first gated opening (64) comprising an opening that receives an axle (62) of the work tool. Humphrey does not discloses 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 Humphrey 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.
Referring to claim 5, Humphrey discloses the work tool is further removably retained in the work tool receiving area by a second gated opening ( opening 64 on other side) comprising an opening that receives the axle (62) of the work tool wherein the first and second gated openings are disposed on opposite lateral sides of the carriage. Humphrey does not discloses 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 the 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 Humphrey to further include a second 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 on the opposite side stays in the opening.
Referring to claim 6, Humphrey discloses the work tool is further removably retained in the work tool receiving area by a secondary opening (40), the secondary opening disposed on a same lateral side of the carriage as the first gated opening (64).
Claim(s) 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Humphrey 20100083628 in view Anderson et al. 20060090439.
Referring to claim 8, Humphrey discloses a lawnmower (see paragraph 0030) comprising a towable element, the towable element comprising: a carriage (14) defining a work tool receiving area; an engagement feature coupled to the carriage, wherein the engagement feature (see fig. 4 at 16) removably interfaces with a complementary engagement feature of the lawnmower to selectively couple the towable element with the lawnmower; and a work tool (12) removably disposed at the work tool receiving area, wherein the work tool acts on an underlying ground surface below the towable element. Humphrey discloses the lawnmower is a greensmower but does not specifically disclose a plurality of wheels; a mower deck supported by the plurality of wheels; a cutting implement disposed below the mower deck; a motor to drive the cutting implement; a handle extending rearward from the mower deck. Anderson teaches a greensmower that includes a plurality of wheels (see paragraph 0029); a mower deck (frame 4) supported by the plurality of wheels; a cutting implement (18) disposed below the mower deck; a motor (6) to drive the cutting implement); a handle (8) extending rearward from the mower deck. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the tool disclosed by Humphrey to have the greensmower as taught by Anderson with a reasonable expectation of success as this is a mere substitution of one type of greensmower for another type.
Referring to claim 12, Humphrey discloses wherein the work tool is removably retained in the work tool receiving area by a plurality of gated openings (64), and wherein the work tool comprises a work tool, the work tool comprising: an attachment feature (62) configured to interface with the plurality of gated openings to removably retain the work tool in the work tool receiving area; a walking element ( bearings 54 and bolt 58 in combination) configured to support the work tool while the lawnmower traverses an underlying ground surface, wherein the walking element is integral with the work tool; and a tool (12) operably coupled to the walking element such that movement of the walking element drives the tool to move (see paragraph 0033 shaft is driven by key 60 on bolt 58).
Allowable Subject Matter
Claims,9,14-15 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.
The following is a statement of reasons for the indication of allowable subject matter:
Referring to claim 9, 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 14, 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.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Giovanna Wright/ Primary Examiner, Art Unit 3672
Prosecution Insights