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 . 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.
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, 2, 7, 8, 11-18 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Esh et al. US 2023/0250651. Esh et al. disclose an electric power trowel comprising:
A housing (23) having a flap (24), an electric motor (25) and batteries (22) stored in said
housing (23).
A handle rod (12) including a grip (13) and user control portion (40), a gearbox (30).
A rotor/spider assembly (15) supporting a plurality of finishing blades (16). [0033-0035].
A programmable controller (21) operably connected to the controls (40) and power the
rotation of the electric motor (25) thereby rotating the finishing blades (16) in a
known manner. Figs. 1-5.
With respect to claims 8, 11 Esh et al. discloses the control module (21) is positioned in the housing (23) and electrically connected to the electric motor for speed control of the blades (16). And that the blades (22) are adjustable in pitch using blade tilt mechanism (50).
With respect to claim 12 although Esh et al. discloses a toggle switch (49) to activate the blade tilt mechanism (50) and a rheostat dial (44) for adjusting the electric motor (25); Esh et al. does not disclose using a dial for the blade tilt mechanism (50). However, 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 replace the toggle switch of Esh et al. with a rotary dial such as the one taught by Esh et al. in order to simplify operation of the machine by using similar control knobs.
With respect to claims 13-18 Esh et al. discloses the claimed features including a pivoting, removable handle (12) as well as an electric fan and vent opening for cooling the electric motor and battery inside the housing (23). See [0033-39].
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) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esh et al. US 2023/0250651 in view of Kluge US 2010/0074702.
Esh et al. discloses a battery driven power trowel disposed within a housing (23) but does not disclose details of the battery(ies). However, Kluge teaches the use of a battery powered hand tool (20) having a rotary electric motor (21) that can be powered by a removable/rechargeable 36 volt lithium battery pack (28). And that “Other types of power supplies and batteries can be used to operate motor (21)…power tool (20) with electric motor (21) is lightweight, quiet, fast and efficient”. See [0024]. Therefore, 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 battery powered power trowel of Esh et al. with replaceable rechargeable lithium batteries, as taught by Kluge in order to accommodate multi-hour use and building interior applications.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esh et al. US 2023/0250651 in view of Walter et al. US 2022/0209330.
Esh et al. discloses a battery driven power trowel disposed within a housing (23) but do not disclose details of the housing. However, Walter et al. teaches it is known ECU’s
are commonly provided with cooling fins (14), see Fig. 6, in order to bring about an increase in surface area and better heat transfer. See [110, 0132]. Therefore, 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 battery powered power trowel of Esh et al. with a control module having cooling fins as taught by Walter et al. in order to prevent overheating of the ECU.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esh et al. US 2023/0250651 in view of Balling US 5,632,570.
Esh et al. discloses a battery driven power trowel disposed within a housing (23) but do not disclose details of the housing. However, Balling discloses an electrically power rotary trowel (10) having an electric motor disposed within a multi-piece housing having upper and lower shell segments (62, 17a, 17b) interconnected with a plurality of fasteners. See Col. 2, lns. 28-63. Therefore, 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 battery powered power trowel of Esh et al. with a multi-section housing as taught by Balling in order to facilitate operation and handling.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 8/11/2026
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