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 title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: MOWER DISCHAGE CHUTE WITH FOLDABLE FAN-SHAPED PLATES.
Claim Objections
Claims 10 and 11 are objected to because of the following informalities:
Claim 10 line 6 “with a drive train” should be –with the drive train--. Note “a drive train” is positively set forth in claim 10 line 2.
Claim 11 line 11 “the first side plate covered by the first side plate” should be --the side opening covered by the first side plate--.
Appropriate correction is required.
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.
Claims 1-7, 9-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sawyer (US 20170079205 A1).
Regarding independent claim 11, Sawyer discloses a mower (para. [0022] “walk behind push type or self-propelled rotary blade type lawnmower”) comprising:
a cutting blade (29) rotatable to produce clippings;
a mower deck (1a) rotatably supporting the cutting blade and having an inner top surface facing the cutting blade and an outer top surface opposite to the inner top surface (Figs. 3-4), the mower deck having a side opening (1b) positioned to allow for discharge of the clippings;
a drive train (implicit) provided on the outer top surface of the mower deck (as seen in Figs. 3-4);
a mower discharge chute assembly (2) coupled to the mower deck and configured to open and close the side opening, the mower discharge chute assembly including:
a first side plate (“front guard/grass deflector 3”) configured to cover the side opening (para. [0022] “the front guard/grass deflector 3 also has the capability of being latched in the fully closed position and not allowing any cut grass clipping from exiting the lawnmower ejection port 1b”);
a folding top cover comprising top plates (6, 6a, 6b and 6c) connected to the first side plate and being foldable to have the side opening covered by the first side plate (Fig. 2) and unfoldable to have the side opening uncovered (Fig. 1), wherein the top plates are configured to be stacked when the folding top cover is folded (para. [0022] “6, 6a, 6b and 6c start to retract…by overlapping the adjacent fin…to the…fully closed position” and are “stored in a stacked position on top of the base plate”, para. [0023]); and
a coupler (7) provided on the outer top surface of the mower deck adjacent to the side opening to movably couple the folding top cover to the outer top surface (Fig. 1, para. [0022] “leaves 6, 6a, 6b, and 6c…are connected to the top of the base plate 4 by means of a pin…7 that allows the leaves…to pivot from a fully open…to a fully closed and overlapped position on top of the base plate 4 when in the fully stored position”).
Regarding claim 12, Sawyer discloses the mower according to claim 11, wherein the top plates (6, 6a, 6b and 6c) comprising:
a distal top plate (6) coupled to the first side plate (3) (para. [0022] “Leaf 6 is connected to the top portion of the front guard/grass deflector 3”); and
a proximal top plate (6c) provided opposite to the distal top plate such that the proximal top plate is closest to the mower deck (1a) among the top plates when the folding top cover is unfolded (Fig. 1).
Regarding claim 13, Sawyer discloses the mower according to claim 12,
wherein each of the top plates (6, 6a, 6b and 6c) is fan-shaped (Fig. 1), and
wherein the coupler (7) includes a pivot of the fan-shaped top plates (para. [0022] “a pin…7 that allows the leaves 6, 6a, 6b and 6c to pivot from a fully open…to a fully closed and overlapped position”).
Regarding claim 14, Sawyer discloses the mower according to claim 13,
wherein each of the top plates (6, 6a, 6b and 6c) has a top surface and a bottom surface opposite to the top surface along the pivot (7), and
wherein each of remaining top plates (6a, 6b and 6c) of the top plates other than the distal top plate has a guide groove on the top surface and a protrusion on the bottom surface (para. [0022] note control guides 8, 8a, 8b and 8c are designed as hollow channels decreasing in size/width wherein distal control guide 8 is the smallest such that they can be “inserted into the inner adjacent control guide”. Thus, the control guides which are “molded into the top and distal end of each leaf 6, 6a, 6b and 6c” inherently form a groove on the top surface which extrudes through to protrude out the bottom surface to form a protrusion received in the top surface groove of its adjacent inner plate, see Fig. 1. Further, note proximal top plate 6c also comprises another guide groove 13 formed through its top and bottom surface),
the guide groove having an arc shape (Fig. 1) with respect to the pivot (7), the protrusion being engageable with the guide groove (adjacent protrusions received in adjacent guide grooves), and
wherein the distal top plate (6) has the protrusion on the bottom surface thereof (Fig. 1, protruding bottom portion of control guide 8 fits into hollow portion of control guide 8a formed on top surface).
Regarding claim 15, Sawyer discloses the mower according to claim 14, wherein the mower discharge chute assembly (2) further comprises a protrusion (13a) which is provided on the outer top surface of the mower deck (1a) and which is engaged with the guide groove (13) provided on the bottom surface of the proximal top plate (6c) (para. [0022] “Referenced as 13, leaf 6c contains an elongated slot through it held in place to the top portion of base plate 4 by means of a pin”)
Regarding claim 16, Sawyer discloses the mower according to claim 15,
wherein the guide groove has a first groove end (i.e. end of each hollow channel which is closest to mower deck 1a) against which the protrusion abuts when the folding top cover is unfolded (Fig. 1), and
wherein the guide groove has a second groove end (i.e. end of each hollow channel which is furthest from mower deck 1a) opposite to the first groove end in a circumferential direction with respect to the pivot such that the second groove end is configured to abut against the protrusion to fold the top plates when the first side plate closes the side opening (Fig. 2).
Regarding claim 17, Sawyer discloses the mower according to claim 16,
wherein the mower discharge chute assembly (2) further comprises a spring (5) configured to press the first side plate (3) and a side wall of the mower deck to urge the folding top cover to open (para. [0022] “The front guard/grass deflector 3…pivot on the front vertical profile of the base plate 4b by means of a mandrel and torsion spring 5 that is affixed to the front vertical profile 4b of the base plate 4”).
Regarding claim 19, Sawyer discloses the mower according to claim 13,
wherein the mower discharge assembly (2) further comprises a second side plate (9) coupled to an arc side of the fan-shaped distal top plate (6) (note all elements of the chute assembly are coupled to each other, either directly or indirectly),
wherein the first side plate (3) is coupled to a radius side of the fan-shaped distal top plate (6) (Fig. 1).
Regarding claim 20, Sawyer discloses the mower according to claim 13,
wherein the stacked top plates (6, 6a, 6b and 6c) do not interface with the drive train when the folding top cover is closed (Fig. 2),
wherein the folding top cover has a shape of an unfolded fan when the folding top cover is unfolded (Fig. 1), and
wherein the folding top cover interferes with the drive train if the folding top cover has the shape of the unfolded fan when the first side plate covers the side opening (implicit from Figs. 1-2, if chute assembly 2 were to have the unfolded shape of Fig. 1 when located in the closed Fig. 2 position, plates 6, 6a, 6b and 6c would overlap and thus interfere with a drive train of the mower).
Regarding claims 1-7 and 9-10, all the limitations have been analyzed in view of claims 11-17 and 19-20, respectively; therefore, claims 1-7 and 9-10 are also rejected over the same rationale as the previous claims.
Claim Rejections - 35 USC § 103
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 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.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sawyer as applied to claims 1 and 17 above, and further in view of Sandler (US 20230358257 A1).
Regarding claims 8 and 18, Sawyer discloses the discharge chute assembly and mower according to claims 1 and 17,
wherein the mower discharge assembly (2) further comprises a latch assembly configured to keep the folding top cover folded, wherein the latch assembly comprises a latch (11) provided on the mower deck (1a) adjacent to the top plates (6, 6a, 6b and 6c) stacked when the folding top cover is folded (Figs. 1-2), wherein the distal top plate (6) has a fan-shaped portion and a catch (11a) provided from the fan-shaped portion through which the latch is configured to pass, the latch being aligned with the catch along the pivot when the folding top cover is folded (para. [0022] “The front guard/grass deflector 3 also has the capability of being latched in the fully closed position…by engaging the latch 11 with the catch referenced as 11a.”)
Sawyer therefore discloses a latch engaged with a catch instead of a pin engaged with aligned pin holes for locking the folding top cover in the folded position.
However, such a pin lock mechanism is well-known.
Sandler discloses a latch assembly for a spreader chute comprising a lock pin (32) configured to hold a chute (12) against an exterior surface of a housing (14), a first pin hole (30) provided on the housing, and a projection (40) protruding from chute and having a second pin hole (42), wherein the first pin hole is aligned with the second pin hole for receiving the lock pin and to retain the chute in position against the housing (Fig. 5A-5C, para. [0021]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the locking assembly as a lock pin inserted through aligned holes rather than a latch engaged with a clasp, as taught by Sandler, as a mere simple substitution of one known lock mechanism for another to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ohm (US 1420496 A) discloses a folding fan having guide slots and eyelets. Vallone (US 2334298 A) discloses a combination display fan having guide slots and ears. Hill (US 5003757 A) discloses a pivotable mower deflector having a latch and catch for latch the deflecting means in a retracted position. Holland (US 5195311 A) discloses a collapsible discharge chute for a mower. Schrattenecker (US 7082742 B2) discloses a fan-like retractable cutting unit. Griffith (US 9089237 B1) discloses a collapsible colander having guide slots and sliding fasteners. (KR 200331171 Y1) discloses a fan having overlapping plates and guide slots. (KR 200423724 Y1) discloses a folding fan having guide slots and rivets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA C TRAN whose telephone number is (571) 272-8758. The examiner can normally be reached M-F 9-5 EST.
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/JULIA C TRAN/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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