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 .
Introduction
Claims 1-17 are currently pending in this application and are subject to examination herein.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “protective cover is provided with a plurality of air guide holes along a circumferential direction of the cutter head” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Furthermore, the drawings are objected to because they have elements numbers without lead lines pointing to a structure of the invention depicted in the drawings. Fig. 5 includes element numbers 5, 51 and 52, in what appears to be a sub-figure, but those numbers do not point to any structures of the invention depicted in Fig. 5. Fig. 6 includes element numbers 21, 211 and 212 in what appears to be a sub-figure, in what appears to be a sub-figure, but those numbers those numbers do not point to any structures of the invention depicted in Fig. 6. Fig. 7 includes element numbers 41, 411 and 412, in what appears to be a sub-figure, but those numbers do not point to any structures of the invention depicted in Fig. 7.
Claim Objections
The claims are objected to because they include reference characters (e.g., A, B, C, D, E, F) which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
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 1-17 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.
Claims 1, 5-9, 11-12 and 16, as currently presented, are rejected as indefinite under 35 U.S.C. 112(b). Because the claims are objected as improperly including reference character, upon removal of those reference characters, multiple elements are identified with the same element description (e.g., cutter head body surface, blade end). The Examiner suggests that Applicant may wish to amend the claims to provide an identifier to differentiate these multiple elements. For example, the Examiner suggests that Applicant may wish to amend “cutter head body surface” (Claims 1, 11-12 and 16) to recite “upper cutter head body surface” and “lower cutter head body surface” (or, alternatively, “first cutter head body surface” and “second cutter head body surface”); and to amend “blade end” (Claims 5-9) to recite “outer blade end” and “inner blade end” (or, alternatively, “first blade end” and “second blade end”); and to amend “blade surface” (claims 6, 9 and 11)to recite “sloped blade surface” and “vertical blade surface” (or, alternatively, “first blade surface” and “second blade surface”). Claims 2-17 each depend, either directly or ultimately, from Claim 1 and are, therefore, likewise rejected under 35 U.S.C. 112(b) as indefinite.
Claim Rejections - 35 USC § 102
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Pat. Pub. No. CN 218587658 U to Jia et al. (hereinafter Jia).
Regarding claim 1, Jia discloses a cutter head (Abstract; Figs. 1-4), comprising:
a cutter head body (See Annotated Fig. 1 infra) and blades (blades formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13), wherein the cutter head body (See Annotated Fig. 1 infra) has a cutter head body surface (upper cutter head body surface) (See Annotated Fig. 1 infra), a cutter head body surface (lower cutter head body surface) (See Annotated Fig. 1 infra) opposite to the cutter head body surface (upper cutter head body surface) (See Annotated Fig. 1 infra), and a cutter head body edge part (See Annotated Fig. 1 infra);
the cutter head body surface (upper cutter head body surface) (See Annotated Fig. 1 infra) is provided with a central part (See Annotated Fig. 1 infra) connected to a rotary driving component (drive shaft 3) (Fig. 1; P. 5, lines 13-22);
the cutter head body edge part (See Annotated Fig. 1 infra) is capable of being connected to a mowing cutter (blade 2) (Figs. 1, 3; P. 5, line 13 to p. 6, line 8); and
the blades (blades formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) are disposed on the cutter head body surface (upper cutter head body surface) (See Annotated Fig. 1 infra) and fixedly connected to the cutter head body surface (upper cutter head body surface) (See Annotated Fig. 1 infra).
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Annotated Fig. 1 of Jia.
Regarding claim 2, Jia discloses the cutter head according to claim 1 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the number of the blades (blades formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) is plural (e.g., three blades shown in Fig. 4 of Jia), and the blades (blades formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) are arranged radially from the central part (See Annotated Fig. 1 supra) of the cutter head body (See Annotated Fig. 1 supra) to the cutter head body edge part (See Annotated Fig. 1 supra).
Regarding claim 3, Jia discloses the cutter head according to claim 2 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the blades (blades formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) are equidistantly distributed (see Fig. 4) on the cutter head body (See Annotated Fig. 1 supra).
Regarding claim 4, Jia discloses the cutter head according to claim 1 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the blades (blades formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) are arranged in an arc shape (Fig. 4; P. 6, lines 10-13).
Regarding claim 5, Jia discloses the cutter head according to claim 4 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein
the blade (blade(s) formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) comprises a blade end (see Fig. 4) close to the central part (See Annotated Fig. 1 supra) and a blade end (see Fig. 4) close to an edge of the cutter head body (See Annotated Fig. 1 supra); and
the height of the blade (blade(s) formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) progressively increases from the blade end (see Fig. 4) to the blade end (see Fig. 4).
Regarding claim 6, Jia discloses the cutter head according to claim 4 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the blade (blade(s) formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) comprises a blade surface (see Fig. 4) and a blade surface (see Fig. 4), and the slope of the blade surface (see Fig. 4) relative to a surface of the cutter head body (See Annotated Fig. 1 supra) progressively increases from the blade end (see Fig. 4) to the blade end (see Fig. 4).
Regarding claim 7, Jia discloses the cutter head according to claim 5 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the torsion (i.e., twist) of the blade (blade(s) formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) progressively increases from the blade end (see Fig. 4) to the blade end (see Fig. 4).
Regarding claim 8, Jia discloses the cutter head according to claim 5 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein an end part of the blade end (see Fig. 4) and the cutter head body edge part (See Annotated Fig. 1 supra) are located on a same vertical axis (some portion of the end of the blade formed by baffle plate 13 is located on the same vertical axis as the cutter head body edge part, e.g., “the arc-shaped baffle 13 at the edge of the cutter 1 is corresponding to the mounting hole 12”) (see Fig. 4; P. 6, lines 10-13).
Regarding claim 9, Jia discloses the cutter head according to claim 5 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the blade (blade(s) formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) further comprises
a blade top end (upper edge of blade(s) formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) located between the blade surface (see Fig. 4) and the blade surface (see Fig. 4); and
the blade end (see Fig. 4) comprises a windward part (concave inner curved surface of blade(s) formed by baffle plate 13 which is first struck by the wind when the cutter head 1 is spinning in a counter-clockwise direction as viewed in Fig. 4), one end of the windward part (concave inner curved surface of blade(s) formed by baffle plate 13 which is first struck by the wind when the cutter head 1 is spinning in a counter-clockwise direction as viewed in Fig. 4) is connected to the cutter head body edge part (See Annotated Fig. 1 supra), and the other end of the windward part (concave inner curved surface of blade(s) formed by baffle plate 13 which is first struck by the wind when the cutter head 1 is spinning in a counter-clockwise direction as viewed in Fig. 4) is connected to the blade top end (upper edge of blade(s) formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13).
Regarding claim 10, Jia discloses the cutter head according to claim 9 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the windward part (concave inner curved surface of blade(s) formed by baffle plate 13 which is first struck by the wind when the cutter head 1 is spinning in a counter-clockwise direction as viewed in Fig. 4) is tangent to a periphery of the cutter head body (See Annotated Fig. 1 supra).
Regarding claim 11, Jia discloses the cutter head according to claim 9 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein a distance between the blade surface (see Fig. 4) and the blade surface (see Fig. 4) progressively increases in a direction (see Figs. 1, 4) from the blade top end (upper edge of blade(s) formed by baffle plate 13) (Fig. 4; P. 6, lines 10-13) to the cutter body surface (upper cutter head body surface) (See Annotated Fig. 1 infra).
Regarding claim 12, Jia discloses the cutter head according to claim 9 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the cutter head body surface (upper cutter head body surface) (See Annotated Fig. 1 supra) is inclined from the central part (See Annotated Fig. 1 supra) to the cutter head body edge part (See Annotated Fig. 1 supra).
Regarding claim 13, Jia discloses the cutter head according to claim 1 (see above). Furthermore, Jia discloses a cutter head (Abstract; Figs. 1-4) wherein the mowing cutter (blade 2) (Figs. 1, 3; P. 5, line 13 to p. 6, line 8) is detachably connected (P. 5, lines 13-22) to the cutter head body (See Annotated Fig. 1 supra).
Regarding claim 17, Jia discloses a cutter head according to claim 1 (see above). Furthermore, Jia discloses the cutter head (Abstract; Figs. 1-4) being for a lawn mower (Abstract).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jia in view of Chinese Pat. Pub. No. CN 2674827 Y to Lin.
Regarding claim 14, Jia discloses the cutter head according to claim 13 (see above). However, Jia does not disclose that the mowing cutter is in snap-fit connection with the cutter head body. Nevertheless, Lin teaches a mower cutter (cutting blade 42) (Fig. 4; P. 4, lines 5-11) that is in snap-fit connection (Fig. 4; P.3, lines 1-6; p. 4, lines 5-11; p. 4, lines 42-47; Claim 4) with a cutter head body (base wall 21) (Fig. 4; P 4, lines 13-21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the cutter head disclosed in Jia with the snap fit blades taught in Lin with a reasonable expectation of success in order to facilitate the changing of broken blades. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the cutter head disclosed in Jia with the snap fit blades taught in Lin with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. Nos. 3,690,051 to Wood; 7,455,251 to Doering et al.; 10,433,480 to Schaedler et al.; 9,485,910 to Lebeau et al.; 3,715,874 to Goserud; 12,171,161 to Nielsen; and U.S. Pat. Pub. No. 2013/0247530 to Heinrich; European Pat. Pub. No. EP 4108061 A1 to Lutz; and Great Britain Pat. Pub. No. GB 2025747 A to Legros; and GB 2053643 A to Malmberg et al.; and Int’l. Pat. Pub. No. WO 2023060389 to Zou et al.; WO 2020011524 A1 to Agerhall and WO 2021032168 A1 to Jiao et al.; and Chinese Pat. Pub. Nos. CN 218977315 U to Wei et al.; CN 2448068 Y to Yang et al.; CN 105830652 A to Li et al.; and CN 217509443 U to Lin; CN 207604207 U to Ye et al.; CN 206227013 U to Wang et al.; CN 113475217 A to Liao; CN 115349347 A to Shen; CN 109997496 A to Armstrong; CN 201015290 Y to Chen; CN 114885665 A to Tang; CN 104335755 B to Gao; and Japanese Pat. Pub. Nos. JP 2023024839 A to Noguchi and JP 5859869 B2 to Shuhei et al. relate to mower cutting wheels. Chinese Pat. Pub. No. CN 208210724 U to Wang et al. and CN 2674827 Y to Lin relate to snap-fit blades for lawnmower cutting wheels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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, Joseph M. Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671
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