DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18/970,140 filed on 12/05/2024.
Claims 1 -5, 11 – 13, 16, 18 – 19 are rejected
Claims 5 – 10, 12 – 15, 17 and 20 are objected
Claims 1 – 20 are currently pending and have been examined.
Drawing Objections
The drawings are objected to because of improper shading. Please see detail regarding shading below.
MPEP 608.02(m) Shading. The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color.
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
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 – 5, 10, 11, 16 , 18- 19 are rejected under 35 U.S.C. 10(a1)(a2) as being unpatentable over US PG Pub 20170226710 – Al adawi et al. hereinafter as AL ADAWI et al. hereinafter as AL ADAWI
Regarding Claim 1
AL ADAWI discloses:
A pivotal sleigh shovel comprising:
a push bar assembly having an upper end and a lower end opposite the upper end; (see annotated Fig. 1 – push bar with an upper end – 11t and a lower end - 30)
a sleigh pivotally connected to the lower end of the push bar assembly, (See annotated fig. 2 – where in the lower end of push bar assembly is noted )the sleigh having side panels and a bottom panel extending between the side panels for defining a volume therebetween, the sleigh being operable between a loading configuration for containing and transporting material within the volume, and a discharging configuration, where the sleigh is pivoted upwardly for discharging the material from within the volume;(Fig. 2 – sleigh – 14 with side pannels and a bottom panel, sleigh pivots about 15 to discharge material)
a discharge mechanism operatively connected to the push bar assembly and configured for moving the sleigh between the loading configuration and the discharging configuration, the discharge mechanism comprising:
a rotatable handle pivotally connected to the push bar assembly about a first pivoting axis, the rotatable handle being movable along a rotating path between a first position and a second position to generate an input rotation;( fig. 2 - linkage 30 pivots about first pivoting axis to move from a loading position to a discharge position)
a lever mechanism pivotally connected to the push bar assembly about a second pivoting axis and adapted to pivot the sleigh towards the loading configuration, the lever mechanism having a load end configured to apply a force on the sleigh upon rotation of the lever mechanism about the second pivoting axis; and ( see fig. 2 – wherein the lever mechanism configured to rotate about second pivot axis )
a transmission assembly operatively coupled between the rotatable handle and the lever mechanism, the transmission assembly being configured to transfer the input rotation to the lever mechanism to engage the lever mechanism in rotation about the second pivoting axis, the transmission assembly being tuned to divide the input rotation during a first segment of the rotating path, and to multiply the input rotation during a second segment of the rotating path. ( fig. 2 - Transmission – linkage 19, 18, and 17 this linkage system translate easy movement to mechanical advantage. Para. 0072 and para. 0052 where in the linkage mechanism is designed to create a catapulting effect)
[AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (Side panel of sleigh)][AltContent: arrow][AltContent: textbox (Transverse member)][AltContent: arrow][AltContent: textbox (Longitudinal members)][AltContent: textbox (Transmission – linkage 19, 18, and 17)][AltContent: textbox (Lever mechanism)][AltContent: arrow][AltContent: textbox (Second pivoting axis)][AltContent: textbox (a push bar assembly - Lower end)][AltContent: textbox (a push bar assembly - Upper end)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First pivoting axis)][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: connector][AltContent: textbox (Loading configuration)]
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[AltContent: textbox (Lever mechanism)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Side panel of sleigh pivotally connected to 11m)][AltContent: arrow][AltContent: textbox (Second pivoting axis)][AltContent: arrow][AltContent: textbox (First pivoting axis)][AltContent: textbox (discharge configuration)]
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Regarding Claim 2
2. The pivotal sleigh shovel of claim 1, wherein, when in the loading configuration the sleigh rests on the push bar assembly, and in the discharging configuration the sleigh is pivotally rotated away from the push bar assembly. ( See figure 2 for loading configuration, see figure 3 for discharge configuration)
Regarding Claim 3
3. The pivotal sleigh shovel of claim 1, wherein, when in the loading configuration, the bottom panel is substantially parallel to a ground surface, and in the discharging configuration the sleigh is pivoted forwardly by an angle of inclination between 0° and 90°. ( Fig. 2 is at parallel to ground surface, Fig. 3 - discharge configuration is pivoting somewhere between 0 and 90. The sleigh is not at ground configuration and less than 90 degree configuration.)
Regarding Claim 4
4. The pivotal sleigh shovel according to claim 1, wherein the push bar assembly comprises spaced-apart longitudinal members and a transversal member extending between the longitudinal members at the upper end of the push bar assembly, each side panel of the sleigh being pivotally connected to a corresponding one of the longitudinal members proximate the lower end of the push bar assembly. (Fig. 2 and fig. 3 - longitudinal members – 11m transversal member – 11t, wherein the Side panel of sleigh pivotally connected to 11m )
Regarding Claim 11
11. The pivotal sleigh shovel according to claim 1, further comprising a locking mechanism operable between a lock configuration, where the locking mechanism prevents rotation of the sleigh while in the loading configuration, and a release configuration, where the locking mechanism is disengaged, thereby allowing the sleigh to rotate towards the discharging configuration. ( para. 0066 – wherein there is a locking mechanism to prevent unintentional movement of blade 14)
Regarding Claim 16
16. The pivotal sleigh shovel according to claim 1, wherein the lever mechanism includes one or more arms extending between the transmission assembly and the sleigh.( Fig. 2 – see annotated figure 2 for lever and sleigh.)
Regarding Claim 18
18. A pivotal sleigh shovel comprising:
a push bar assembly having an upper end and a lower end opposite to the upper end; (see annotated Fig. 1 – push bar with an upper end – 11t and a lower end - 30)
a sleigh pivotally connected at the lower end of the push bar assembly for containing material; (See annotated fig. 2 – where in the lower end of push bar assembly is noted )
a discharge mechanism mounted to the push bar assembly, the discharge mechanism comprising: a rotatable handle operable to generate an input rotation; ( fig. 2 - linkage 30 pivots about first pivoting axis to move from a loading position to a discharge position)
a lever mechanism pivotally connected to the push par assembly; and ( see fig. 2 – wherein the lever mechanism configured to rotate about second pivot axis )
a transmission assembly operatively connecting the rotatable handle and the lever mechanism, to transfer the input rotation generated by the handle to the lever mechanism; ( fig. 2 - Transmission – linkage 19, 18, and 17 this linkage system translate easy movement to mechanical advantage. Para. 0072 and para. 0052 where in the linkage mechanism is designed to create a catapulting effect)
wherein the discharge mechanism is adapted to pivotally rotate the sleigh away from the push bar assembly to discharge the sleigh upon operation of the rotatable handle. ( See fig. 3 – where in the sleigh is away from the push bar assembly to discharge when rotatable handle 30 is pressed to full activation )
Regarding Claim 19
19. A pivotal sleigh shovel comprising:
a push bar assembly having an upper end and a lower end opposite to the upper end; (see annotated Fig. 1 – push bar with an upper end – 11t and a lower end - 30)
a sleigh pivotally connected to the push bar assembly proximate the lower end thereof, the sleigh being operable between a loading configuration for containing and transporting material therein, and a discharging configuration, where the sleigh is pivoted upwardly for discharging the material therefrom; ( See fig. 2 – sleigh – 14 connected to the push bar assembly as annotated in figure 2. This figure shows loading configuration, fig. 3 – wherein sleight – 14 is in discharge configuration)
a discharge mechanism operatively connected to the push bar assembly and operable for moving the sleigh between the loading configuration and the discharging configuration, the discharge mechanism comprising:
a lever mechanism pivotally coupled to the push bar assembly and configured to engage and pivot the sleigh between the loading and discharging configurations; ( fig. 2 - linkage 30 pivots about first pivoting axis to move from a loading position to a discharge position)
an actuation mechanism mounted to the push bar assembly and operatively connected to the lever mechanism, the actuation mechanism being configured to induce rotation of the lever mechanism upon operation thereof; (see figure 3 – wherein the actuation mechanism is the linkages 17 18 and 19 designed and mechanically structured to move the sleigh through the lever )
an actuating handle connected to the push bar assembly and adapted to operate the actuation mechanism; ( fig. 2 - this actuating handle linkage 30 pivots about first pivoting axis to move from a loading position to a discharge position)
wherein the discharge mechanism is adapted to pivotally rotate the sleigh away from the push bar assembly to discharge the sleigh upon operation of the actuating handle. ( See annotated fig. 2 and fig. 3 – where in the sleigh is rotated away from the push bar assembly when discharging using the actuating handle -30)
Allowable subject matter
Claims 5 – 10, 12 – 15, 17 and 20 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.
While a pivoting shovel is known in the art, AL ADAWI does not disclose of specific details the side panels having respective fins on the sleigh extending outwardly and adapted to correspond to the longitudinal members on the sleigh in the loading configuration, wherein the locking mechanism comprises a latch mounted on the push bar an actuator to release the latch, and an unlock lever connected to the rotatable handle, additionally the transmission assembly that has a proximal and distal shaft utilized around a first and second pivoting axis, a proximal cam, specific discharge mechanisms to limit over rotation, wherein the load end of the lever has wheels to roll up the rear of the sleigh to discharge , wherein the arms of the lever is a j shape and wherein the device is powered with a motor and transmission. Such a modification would require too significant of a modification and would constitute an improper degree of hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
9945085 – Stenzel – Automatic lift and toss shovel
5018282 – Hong – Mechanical shovel
4858348 – Lundy – Automatic ejection snowplow
4302894 – Emma – Manual shoveling and dumping device
20220142032 – Worthy - Foot shovel
20210219480 – Dombrowski – Lifting aid system
20210071377 – Gamache – Sleigh shovel
20210032826 – Aguilar – Wheeled snow shovel
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
