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 § 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 19 and 20 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 19 and 20 recite “the center of gravity” but does not define what/where the center of gravity is located. The claim will be examined as best understood, however appropriate correction is required.
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) 1-4, 6-10 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Whitney (9,732,489).
Regarding claim 1, Whitney discloses a snowthrower comprising:
A shaft (at 27) configured to rotate around a first axis (27), wherein a first auger (20) is connected to the shaft
An intake housing (14) configured to receive at least a portion of the shaft
A scraping assembly (16) mounted to the intake housing
Wherein the scraping assembly comprises a bottom edge disposed frontward of the first axis (Figure 2)
Regarding claim 2, the intake housing has a first sidewall and a second sidewall opposite the first sidewall, the first sidewall and the second sidewall together substantially define a front end and a rear end of the intake housing (Figures 1 and 2).
Regarding claim 3, the first sidewall has a first front edge, the second sidewall has a second front edge, at least a portion of the first front edge and at least a portion of the second front edge slopes rearward to an upper portion of the intake housing (Figure 2).
Regarding claim 4, the scraping assembly is mounted to the intake housing along a second axis, a ratio of a front rear distance from the front end to the second axis to a front rear distance from the front end to the rear end is greater than or equal to 0 and smaller than or equal to 0.5 (the front end is at the second axis so that distance is 0. Zero divided by anything is 0, so the ratio is 0).
Regarding claim 6, a front-rear distance from the bottom edge to the rear end is longer than a front-rear distance from the first axis to the rear end (Figure 2).
Regarding claim 7, a front rear distance from the bottom edge to the front end (0) is shorter than a front rear distance from the first axis to the front end.
Regarding claim 8, the scraping assembly comprises a scraping surface forming an angle greater than or equal to 0 degrees and smaller than or equal to 30 degrees to the ground (Figure 2).
Regarding claim 9, the scraping assembly comprises an integrated scraping board (column 4 lines 57-58).
Regarding claim 10, the first auger (20) has a first outer edge, and the first outer edge is configured to contact the snow before the intake housing contacts the snow (Figure 2).
Regarding claim 17, Whitney discloses a snowthrower comprising:
A shaft (at 27) configured to rotate around a first axis (27), wherein a first auger (20) is connected to the shaft
An intake housing (14) configured to receive at least a portion of the shaft
A wheel assembly (truck wheel) configured to rotate around a wheel axis
A scraping assembly (16) mounted to the intake housing
Wherein the scraping assembly comprises a bottom edge disposed frontward of the first axis (Figure 2) and a ratio of a front-rear distance from the bottom edge to the axis to a front rear distance from the first axis to the wheel axis is greater than or equal to 1 and smaller than or equal to 1.5 (Figure 2)
Regarding claim 18, the intake housing has a first sidewall and a second sidewall opposite the first sidewall, the first sidewall and the second sidewall together substantially define a front end and a rear end of the intake housing (Figures 1 and 2).
Regarding claim 19, a front rear distance from the bottom edge to the rear end is longer than a front rear distance from the center of gravity (of the intake housing) to the front end (Figure 2).
Regarding claim 20, the front rear distance from the bottom edge to the front end is shorter than a front rear distance from the center of gravity (of the intake housing) to the front end (Figure 2).
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(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitney (9,732,489) in view of Betts (2016/0040380)
Regarding claim 5, Whitney discloses the invention as described above and further discloses that the scraping assembly is statically connected to the intake housing, but fails to disclose how the connection is made. Like Whitney, Betts also discloses a snowblower with a scraping blade in addition to the auger. Unlike Whitney, Betts discloses multiple fasteners (see unnumbered bolts/rivets – Figure 1) connected along the axis of the scraper blade to attach the scraper blade to the intake housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize multiple fasteners to attach the scraping blade to the intake housing in Whitney as taught by Betts as it would be combining prior art elements according to known methods to obtain predictable results (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitney (9,732,489) in view of Yuan et al. (2018/0334781).
Regarding claim 11, Whitney discloses the invention as described above but fails to disclose a second auger at a different axial position around the shaft. Like Whitney, Yuan also discloses an auger for a snow blower. Unlike Whitney, Yuan discloses that a snow removing auger can include first and second augers at different axial positions to effectively move snow. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the double auger of Yuan in the Whitney snow blower as a simple substitution of one known element for another to obtain predictable results (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitney (9,732,489) in view of DIY Vinny (https://youtu.be/JK8RShQC69I?si=yLjOEsv9a8X4HAAj).
Regarding claims 12-15, Whitney discloses the invention as described above but fails to disclose a support assembly connected to the intake housing configured to elevate the intake housing from the ground and to contact the ground with a first or a second material selectively. Like Whitney, DIY Vinny discloses a auger snow removal assembly. Unlike Whitney, DIY Vinny discloses the use of skid members movably connected to the intake housing to elevate the housing above the ground. DIY Vinny further discloses that in the first position, a metal surface on the support member contacts the ground (0:18/24:27) and in a second position (flipped) a plastic element can be included to contact the ground surface to prevent damage to the ground (23:31/24:27). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the reversible skid members in Whitney as taught by DIY Vinny to support the intake housing as it moves over the ground surface and to selectively include and place into contact with the ground a second, plastic, surface on the skid member to reduce damage to the ground surface.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitney (9,732,489).
Regarding claim 16, Whitney discloses a snowthrower comprising:
A shaft (at 27) configured to rotate around a first axis (27), wherein a first auger (20) is connected to the shaft
An intake housing (14) configured to receive at least a portion of the shaft
A scraping assembly (16) mounted to the intake housing
An enclosure with a center of gravity consisting of the shaft, the first auger, the intake housing and the scraping assembly
Wherein the first auger has a first inner edge defining a first inner circumference, the scraping assembly comprises a bottom edge disposed forward of the center of gravity
While Whitney discloses the invention as described above, it fails to specifically disclose the location of the center of gravity. It appears from the figures that the center of gravity would be within the inner edge of the auger, however, it is noted that It would have been an obvious matter of design choice to add/remove weight from the housing to place the center of gravity in any desired position, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. Applicant discloses the importance of the bottom edge being disposed forward of the center of gravity, which Whitney clearly discloses in Figure 2. The specification does not appear to disclose the importance of the center of gravity being located within the inner edge of the auger, however it is noted that Whitney would appear to show a center of gravity in that position regardless. It appears that the invention would perform equally well as the invention disclosed by Whitney.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gao et al. (2019/0003137) also discloses a snowblower with a scraping edge forward of the auger axis and the auger extending outside the intake housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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, Chris Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
Prosecution Insights