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 .
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.
Claims 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Feng et al. (US Patent Application Publication No. 2023/0189704).
In reference to claim 1, Feng discloses a walk-behind mower 100, comprising:
a chassis 23;
a tractive element 211 coupled to the chassis 23 (Fig. 1, par. 0048);
a cutting element 212 rotatably coupled to the chassis 23 (Fig. 1, par. 0048);
a cutter motor 222 coupled to the cutting element 212 (par. 0048);
a handle assembly 10 extending upward from the chassis 23 (Fig. 1);
a bail arm 14a coupled to the handle assembly 10 and repositionable between an engaged position and a disengaged position (Fig. 1, par. 0052);
a power switch (Figs. 2 and 3, telescoping of handle device 10; par. 0083) configured to selectively prevent operation of the walk-behind mower 100;
a cutter control 33 configured to provide a cutter activation signal in response to a user interaction (par. 0083); and
a controller 22 (par. 0080) operatively coupled to the cutter motor 222 and the cutter control 33 and configured to:
activate the cutter motor 222 to cause rotation of the cutting element 212 in response to the bail arm 14a moving toward the engaged position (par. 0052, “trigger 14a for starting the cutting blade”) after receiving the cutter activation signal (par. 0083); and
prevent activation of the cutter motor 222 in response to the bail arm 14a moving toward the engaged position without having received the cutter activation signal (par. 0083, “control device 33 may control, according to the detection information from the first detection element 341, the cutting motor 222 to be capable of being started or be incapable of being started”).
In reference to claim 4, Feng discloses a drive assembly 211/221 configured to drive the tractive element 211 to propel the walk-behind mower 100, the drive assembly including (b) a drive motor 221 configured to drive the tractive element 211.
In reference to claim 5, Feng discloses that the cutter control 33 includes a switch 19a repositionable between a first position (Fig. 2) and a second position (par. 0079, “intermediate state between the retracted state and the expanded state”), and wherein the controller 22 is configured to control the drive assembly 211/221 to vary a driving speed of the walk-behind mower 100 in response to the switch 19a being repositioned from the first position to the second position (pars. 0076 and 0083).
In reference to claim 6, Feng discloses that the switch 19a of the cutter control 33 is repositionable between the first position (Fig. 2), the second position (par. 0079, “intermediate state between the retracted state and the expanded state”), and a third position (Fig. 3) in which the cutter control 33 provides the cutter activation signal (par. 0083).
Claims 10, 12 and 16 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Ertl et al. (US Patent Application Publication No. 20230049667).
In reference to claim 10, Ertl discloses a walk-behind mower 10, comprising:
a chassis 12;
a tractive element 22 coupled to the chassis 12 (Fig. 1);
a cutting element 20 rotatably coupled to the chassis 12 (Fig. 1);
a motor (Fig. 1, par. 0024, within motor housing 18) coupled to the chassis 12 and configured to drive at least one of the tractive element 22 or the cutting element 20 (par. 0024);
a handle assembly 16 extending upward from the chassis 12 (Fig. 1), the handle assembly 16 including a handle body and a grip extending outward from the handle body (Fig. 2A), and the handle body defining an internal volume 30;
a bail arm 28 pivotably coupled to the handle body and extending within the internal volume 30 of the handle body (Fig. 2A);
a bail arm sensor 285 (par. 0040) coupled to the bail arm 28 and positioned within the internal volume of the handle body, wherein the bail arm sensor 285 is configured to provide a signal indicating a rotational position of the bail arm 28; and
a controller 200 operatively coupled to the motor and the bail arm sensor 285 and configured to vary a speed of the motor based on the signal from the bail arm sensor 28 (par. 0051).
In reference to claim 12, Ertl discloses a spring coupled to the bail arm 28 and the handle body, wherein the bail arm 28 is rotatable between an engaged position and a disengaged position, and wherein the spring is positioned to bias the bail arm 28 toward the disengaged position (par. 0026).
In reference to claim 16, Ertl discloses a walk-behind mower 10, comprising:
a chassis 12;
a tractive element 22 coupled to the chassis 12 (Fig. 1);
a cutting element rotatably coupled to the chassis 12 (Fig. 1);
a motor (Fig. 1, par. 0024, within motor housing 18) coupled to the chassis 12 and configured to drive at least one of the tractive element 22 or the cutting element 20 (par. 0024);
a handle assembly 16 extending upward from the chassis 12 (Fig. 1);
a bail arm 28 pivotably coupled to the handle assembly 16 and rotatable about an axis of rotation between an engaged position and a disengaged position (par. 0026); and
a controller 200 operatively coupled to the motor and configured to increase a speed of the motor in response to the bail arm 28 moving from the disengaged position to the engaged position (par. 0051),
wherein an axial position of the bail arm 28 along the axis of rotation remains constant as the bail arm 28 moves between the engaged position and the disengaged position (Figs. 3B and 4B).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Feng et al. (US Patent Application Publication No. 2023/0189704) in view of Jiang (US Patent Application Publication No. 2020/0187416).
In reference to claim 2, Feng fails to disclose that the controller is configured to:
initiate a timer in response to the bail arm moving into the disengaged position;
activate the cutter motor to cause the rotation of the cutting element in response to the bail arm moving toward the engaged position without having received the cutter activation signal and when the timer is below a threshold length of time; and
prevent the activation of the cutter motor in response to the bail arm moving toward the engaged position without having received the cutter activation signal when the timer is above the threshold length of time.
Jian discloses a controller 70 configured to:
initiate a timer in response to the bail arm 72 moving into the disengaged position (par. 0032);
activate the cutter motor to cause the rotation of the cutting element in response to the bail arm 72 moving toward the engaged position without having received the cutter activation signal and when the timer is below a threshold length of time (par. 0032); and
prevent the activation of the cutter motor in response to the bail arm 28 moving toward the engaged position without having received the cutter activation signal when the timer is above the threshold length of time (par. 0032).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to configure the controller to operate according to the above criteria with a reasonable expectation of success so that an operator can more easily operate the bail arm and activation signal without having to operate both simultaneously.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Feng et al. (US Patent Application Publication No. 2023/0189704) in view of Derby, V et al. (US Patent Application Publication No. 2004/0154275).
In reference to claim 7, Feng discloses that the drive assembly 211/221 includes the drive motor 221 configured to drive the tractive element 211, but fails to disclose that the cutter motor is a first electric motor, and wherein the drive motor is a second electric motor.
Derby discloses that electric motors can be used in lawn mowers (par. 0016). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use electric motors in place of the generic motors disclosed by Feng with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which is in this case to power a lawn mower.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al. (US Patent Application Publication No. 2023/0189704) in view of Derby, V et al. (US Patent Application Publication No. 2008/0021609).
In reference to claim 8, Feng fails to disclose a throttle paddle pivotably coupled to the handle assembly, wherein the controller is configured to control the cutter motor to vary a cutting speed of the cutting element in response to rotation of the throttle paddle, and wherein the throttle paddle includes:
a central portion extending laterally between a first end portion and a second end portion;
a speed up paddle extending upward from the first end portion of the central portion; and
a speed down paddle extending upward from the second end portion of the central portion.
Derby discloses a throttle paddle 60 pivotably coupled to the handle assembly 40, wherein the controller is configured to control the cutter motor to vary a cutting speed of the cutting element in response to rotation of the throttle paddle 62 (par. 0027), and wherein the throttle paddle includes:
a central portion 62 extending laterally between a first end portion and a second end portion (Fig. 2);
a speed up paddle 64 extending upward from the first end portion of the central portion 62 (Fig. 2, par. 0027); and
a speed down paddle 64 extending upward from the second end portion of the central portion 62 (Fig. 2, par. 0027).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the throttle paddle disclosed by Derby in place of the throttle disclosed by Feng with a reasonable expectation of success as it amounts to a substitution of known equivalents to perform the same function, which is in this case to control a mower throttle.
In reference to claim 9, Derby discloses that the handle assembly 40 includes a first grip 52 laterally offset from a second grip 52 (Fig. 2), the first grip 52 and the second grip 52 configured to be engaged by a user to steer the walk-behind mower 10 (Fig. 2), wherein an opening is defined between the first grip 52 and the second grip 52, and wherein the speed up paddle 64 and the speed down paddle 64 are accessible through the opening (Fig. 2).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ertl et al. (US Patent Application Publication No. 20230049667) in view of Hurd (US Patent No. 4,335,566).
In reference to claim 13, Ertl fails to disclose that the spring is positioned outside of the internal volume of the handle body.
Hurd discloses a spring 44 or 46 for biasing a bail arm 20 that are positioned outside of the internal volume of the handle body (Figs. 6 and 7). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to position the spring outside of the internal volume of the handle body with a reasonable expectation of success as it amounts to a relocation of the existing parts of the invention without altering their function.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ertl et al. (US Patent Application Publication No. 20230049667) in view of Derby, V et al. (US Patent Application Publication No. 2008/0021609).
In reference to claim 14, Ertl fails to disclose a throttle paddle pivotably coupled to the handle body, wherein the controller is configured to vary the speed of the motor in response to rotation of the throttle paddle, wherein the bail arm is configured to rotate about a first axis of rotation, and wherein the throttle paddle is configured to rotate about a second axis of rotation that extends substantially perpendicular to the first axis of rotation.
Derby discloses a throttle paddle 60 pivotably coupled to the handle body 55, wherein the controller is configured to vary the speed of the motor in response to rotation of the throttle paddle 60, wherein the bail arm 54 is configured to rotate about a first axis of rotation, and wherein the throttle paddle 60 is configured to rotate about a second axis of rotation that extends substantially perpendicular to the first axis of rotation (Fig. 2).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the throttle paddle disclosed by Derby in place of the throttle disclosed by Ertl with a reasonable expectation of success as it amounts to a substitution of known equivalents to perform the same function, which is in this case to control a mower throttle.
In reference to claim 15, Derby discloses that the throttle paddle includes:
a central portion 62 extending laterally between a first end portion and a second end portion (Fig. 2);
a speed up paddle 64 coupled to the first end portion of the central portion 62 and extending away from the handle body 55 (Fig. 2); and
a speed down paddle 64 coupled to the second end portion of the central portion 62 and extending away from the handle body 55 (Fig. 2).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ertl et al. (US Patent Application Publication No. 20230049667) in view of Feng et al. (US Patent Application Publication No. 2023/0189704).
In reference to claim 17, Ertl fails to disclose a cutter control configured to provide a cutter activation signal in response to a user interaction, wherein the motor is configured to drive the cutting element, and wherein the controller is configured to:
activate the motor to drive the cutting element in response to the bail arm moving toward the engaged position after receiving the cutter activation signal; and
prevent activation of the motor in response to the bail arm moving toward the engaged position without having received the cutter activation signal.
Feng discloses a cutter control 33 configured to provide a cutter activation signal in response to a user interaction (Figs. 2 and 3, telescoping of handle device 10; par. 0083), wherein the motor 222 is configured to drive the cutting element 212 (par. 0048), and wherein the controller 22 (par. 0080) is configured to:
activate the motor 222 to drive the cutting element 212 in response to the bail arm 14a moving toward the engaged position after receiving the cutter activation signal (par. 0083); and
prevent activation of the motor 222 in response to the bail arm 14a moving toward the engaged position without having received the cutter activation signal (par. 0083, “control device 33 may control, according to the detection information from the first detection element 341, the cutting motor 222 to be capable of being started or be incapable of being started”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the above features with a reasonable expectation of success to ensure that the cutter motor does not start before an operator intends for it to start.
In reference to claim 18, Feng discloses that the cutter control 33 includes a three-position switch (Fig. 2; par. 0079, “intermediate state between the retracted state and the expanded state”; and Fig. 3) that is configured to vary a driving speed of the walk-behind mower 100 and provide the cutter activation signal (par. 0083).
Allowable Subject Matter
Claims 3, 11, 19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ojeda et al. (US Patent No. 12,557,731) discloses a mower comprising a bail arm 122 and power switch 124 (Fig. 1); and Goman et al. (US Patent Application Publication No. 2020/0146213) discloses a mower with power switches 37 and 38 for preventing actuation of motors (par. 0035).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571)272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRAD HARCOURT/Primary Examiner, Art Unit 3674
8/31/26
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