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 .
Specification
The abstract of the disclosure is objected to because “The present invention is related to” is an implied phrase. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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) 8-12, 14, 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myung et al. KR 20100032488 A.
Independent Claim 8: Myung discloses an outdoor maintenance vehicle comprising:
a housing (100) comprising an inner surface (see Fig. 2);
a prime mover (210) attached to the housing and operable to power a tool (211);
left and right drive wheels (left and right wheels 111 at motors 114) rotatably coupled to the housing and configured to support the housing upon a ground surface;
first and second electric motors (left 114, right 114) fixedly coupled to the housing and spaced apart from one another (seen in Figs. 1-2), wherein the first electric motor is operably coupled to the left drive wheel and the right electric motor is operably coupled to the right drive wheel such that the left and right drive wheels rotate when their associated electric motor is energized (see the boxed passages in pages 3, 5, and 8 in the attached document); and
an alignment shaft (central portion of 112 between motors 114, 114) connected between the first and second electric motors (see the boxed passages in pages 3, 5, and 8 in the attached document), as per claim 8.
Dependent Claims 9-12, 14, 17-18: Myung further discloses wherein each of the first and second electric motors (left 114, right 114) is operably coupled to its corresponding drive wheel (left 11, right 111) through a shaft (left and right portions of 112, respectively), wherein each shaft is configured to rotate independently from the other shaft (as seen in the boxed text of the attached document, primarily that of page 5, that the wheels are rotated by the motors respectively and to change direction), as per claim 9;
wherein the alignment shaft (the central portion of 112 between motors 114, 114) is operably connected to the shafts (left and right portions of 112, respectively) of both of the first and second electric motors (left 114, right 114), and wherein the alignment shaft is configured to rotate independently from at least one of the shafts (this must be the case in order for Myung’s drive wheels to be driven by their individual motors, respectively as disclosed in the boxed text), as per claim 10;
wherein each of the shafts (left and right portions of 112) and the alignment shaft (the central portion of 112) are aligned along an axis (the boxed text of pages 5 and 8 says they are all “located on the same line” which is also “the axis of motor 114”), as per claim 11;
wherein each of the shafts (the portions of 112) is configured to rotate about an axis that is parallel to an axis of rotation of its corresponding drive wheel (as seen in Fig. 3, the axes are the same), as per claim 12;
wherein each of the first and second electric motors (left and right 114) comprises an inner shaft (directed in between the two motors 114, 114) and an outer shaft (the shaft extending to the drive wheel) extending laterally from respective opposite sides of the electric motor, wherein the outer shaft of each of the first and second electric motors is operably coupled to its corresponding drive wheel (left 111, right 111) and the inner shafts of the first and second electric motors are aligned and extend toward one another (these connected to central portion of 112), as per claim 14;
wherein the alignment shaft (central portion of 112 between motors 114, 114) is only connected to the housing (100) through the first and second electric motors (left and right motors 114, as seen in Figs. 2-3), as per claim 17;
wherein each of the first and second electric motors (left and right 114) is coupled to the housing (100) by only one bracket (the unnumbered sleeves at either end of 112 as seen in Fig. 2), as per claim 18.
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) 1-3, 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niemela et al. 5,442,901 in view of White et al. EP 3453243 A1.
Independent Claim 1: Niemela discloses an outdoor maintenance vehicle (10) comprising:
a housing (12) comprising a surface (see Fig. 1);
a prime mover (20) attached to the housing and operable to power a tool (18);
left and right drive wheels (14, 14) rotatably coupled to the housing and configured to support the housing upon a ground surface; and
an electric motor (24) fixedly coupled to the housing (col. 3, lns. 33-35), wherein an elevation of at least a portion of the housing is configured to be adjusted relative to the ground surface (col. 3, lns. 38-48), and wherein the electric motor is configured to move along with the housing relative to the ground surface during elevation adjustment of the housing (col. 3, lns. 38-41), as per claim 1.
However, Niemela fails to disclose wherein the electric motor is first and second electric motors fixedly coupled to the housing and spaced apart from one another, the first and second electric motors operably coupled to the left and right drive wheels, respectively, as per claim 1.
White discloses a similar vehicle wherein the electric motor is first and second electric motors (64, 66) fixedly coupled to the housing and spaced apart from one another, the first and second electric motors operably coupled to the left and right drive wheels, respectively (para. [0017], lns. 11-13), as per claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the drive wheel motor arrangement of White for that of the vehicle of Niemela since both vehicles disclose electric means for propelling walk-behind lawn mowers and such a predictable result would be achieved in addition to providing the benefit of powered steering.
Dependent Claims 2-3, 5-7: The combination further discloses wherein the first and second electric motors (the two motors taught by White) are mounted under the surface of the housing (Niemela’s housing 12) when the vehicle is in an operating orientation on the ground surface (see Niemela’s Fig. 1 wherein the wheel motor 24 is mounted under the surface of the housing 12), as per claim 2;
wherein each of the first and second electric motors (White’s motors 64, 66) is operably coupled to its corresponding drive wheel through a shaft (Niemela’s motor is operably coupled to its drive wheel 14 via shaft 42 in Fig. 2), wherein each shaft is configured to rotate independently from the other shaft (as taught by White in para. [0028], lns. 26-29), as per claim 3;
wherein each of the first and second electric motors (White’s motors 64, 66) is configured to rotate a shaft (see Niemela’s shaft 42 in Fig. 2), the shaft comprising a shaft gear (Niemela’s 44) at an end of the shaft opposite the electric motor (Niemela’s 24), wherein the corresponding drive wheel (Niemela’s 14) comprises a wheel gear (Niemela’s 46), the shaft gear and the wheel gear configured to mesh to convert rotational motion of the shaft to rotational motion of the corresponding drive wheel (as seen in Niemela’s Figs. 2-3), as per claim 7.
White, of the resultant combination above, further discloses a handle assembly (20) extending upwardly and rearwardly from the housing (12, see Fig. 1); and
a speed control apparatus (paras. [0027-0029]) comprising a first control grip (left 26) and a second control grip (right 26), wherein the first and second control grips are movably connected to the handle assembly, wherein movement of the first control grip engages the first electric motor (64) and movement of the second control grip engages the second electric motor (64), as per claim 5;
wherein the first and second control grips (left 26, right 26) are electrically (26 are electric throttles) or mechanically coupled to the first and second electric motors (64, 66), respectively, as per claim 6.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niemela et al. in view of White et al. as applied to claim 1 above, and further in view of Jiang et al. CN 105325117 A.
Dependent Claim 4: The vehicle is disclosed as applied above. However, the combination fails to disclose wherein each of the first and second electric motors is coupled to the housing by only one bracket, as per claim 4.
Jiang discloses a similar vehicle wherein an electric motor (2-9) is coupled to the housing (2) by only one bracket (2-8), as per claim 4.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the single bracket motor of Jiang on the vehicle of Niemela and White since such a mounting for a motor on a walk-behind agricultural vehicle is old and known in the art.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myung et al. in view of Niemela et al.
Dependent Claim 13: The vehicle is disclosed as applied above. However, Myung fails to disclose wherein each shaft extends through an opening of the housing, wherein a plate is operably connected to each shaft and to a wheel shaft of the corresponding drive wheel such that each shaft and its corresponding drive wheel shaft are spaced apart by a fixed distance, as per claim 13.
Niemela discloses a similar vehicle wherein the shaft (42) extends through an opening (unnumbered, seen in Fig. 3) of the housing (12), wherein a plate (52) is operably connected to the shaft and to a wheel shaft (stub shaft of 44) of the drive wheel (14) such that each shaft and its corresponding drive wheel shaft are spaced apart by a fixed distance (as seen in Fig. 3), as per claim 13.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the plates of Niemela to the vehicle of Myung in order to provide a means for adjusting the height of the cutting tool.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myung et al. in view of White et al.
Dependent Claim 19: Myung discloses the vehicle as applied above. Myung further discloses a handle assembly (600) extending upwardly and rearwardly from the housing (100, as seen in Fig. 3), as per claim 19.
However, Myung fails to disclose a speed control apparatus comprising a first control grip and a second control grip, wherein the first and second control grips are movably connected to the handle assembly, wherein movement of the first control grip engages the first electric motor and movement of the second control grip engages the second electric motor, as per claim 19.
White discloses a similar vehicle comprising a speed control apparatus comprising a first control grip (left 26) and a second control grip (right 26), wherein the first and second control grips are movably connected to the handle assembly (20), wherein movement of the first control grip engages the first electric motor and movement of the second control grip engages the second electric motor (para. [0017], lns. 11-13), as per claim 19.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the speed control apparatus of White to the vehicle of Myung in order to provide powered steering.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myung et al. in view of Burweger et al. 2,774,606.
Dependent Claims 15-16: The vehicle is disclosed as applied above. However, Myung fails to disclose wherein the alignment shaft comprises a pin extending through both of the inner shafts of both the first and second electric motors, as per claim 15;
wherein the alignment shaft comprises a tube extending between, and surrounding a portion of, the inner shafts of both of the first and second electric motors, as per claim 16.
Burweger discloses an alignment shaft comprises a tube (68) extending between, and surrounding a portion of, the inner shafts (60, 60), as per claim 16.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the tube of Burweger for rotatably coupling the motor shafts of Myung since such a supportive coupling is old and known.
The examiner takes official notice that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a pin extending through the inner shaft ends, as per claim 15, as an internal coupling as an alternative to Burweger’s external coupling to reduce the amount of parts exposed to the working environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton, can be reached at (571) 272-7376.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 September 24, 2026
