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 .
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 8 and 11 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.
Claim 8 recites the limitation "the two adjacent first gears" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the two adjacent first gears" in line 7. There is insufficient antecedent basis for this limitation in the claim.
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 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 1-5 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 207376555 U).
Regarding Claim 1, Li discloses a snow remover, comprising:
A working portion (Li: Figure 1: lower portion of snow sweeper) configured to throw snow off the ground;
A plurality of direction changing members (Li: 300) configured to change a direction for throwing the snow, and
And adjuster (Li: 100) wherein the adjuster (Li: 100) comprises a plurality of gears (Li: 200), and the plurality of gears (Li: 200) is meshed with each other and configured to adjust an orientation of the plurality of direction changing members (Li: 300)by rotating.
Regarding Claim 2, Li discloses the snow remover according to claim 1, wherein the adjuster (Li: 100) further comprises a handle configured to be operated by a user for rotating the plurality of gears (Li: 200).
Regarding Claim 3, Li discloses the snow remover according to claim 2, wherein the adjuster (Li: 100) comprises:
A positioning groove (Li: 212c); and
A positioning projection (Li: 230) configured to be switched by operation of the handle between a reception state of being received in the positioning groove (Li: 212c) and a non-reception state (230 not within 420) of not being received in the positioning groove (Li: 212c), wherein, when the positioning projection (Li: 230) is in the non-reception state (230 not within 420), each gear of the plurality of gears (Li: 200) is capable of rotating, and when the positioning projection (Li: 230) is in the reception state, each gear of the plurality of gears (Li: 200) is not capable of rotating (Li: self-locking ability).
Regarding Claim 4, Li discloses the snow remover according to claim 3, wherein when the positioning projection (Li: 230) moves in a first direction by the operation of the handle, the positioning projection (Li: 230) is switched from the reception state to the non-reception state (230 not within 420), wherein at least one of the plurality of gears (Li: 200) comprises a gear engaging portion (Li: 210) (Li: teeth of gears 220), and the adjuster (Li: 100) further comprises an engaged portion (linkage portion of 210) configured to be slidable in the first direction with respect to the gear engaging portion (Li: 210) (Li: teeth of gears 220) integrally with the positioning projection (Li: 230), wherein when the positioning projection (Li: 230) is in the reception state, the gear engaging portion (Li: 210) (Li: teeth of gears 220) is engaged with the engaged portion, and when the positioning projection (Li: 230) is in the non-reception state (230 not within 420), the gear engaging portion (Li: 210) (Li: teeth of gears 220) is engaged with the engaged portion (Li: Figure 4: 230 moved into and out of engagement with various concave holes 420 by operation of handle 100): Figure 2: 230 can be seen overlapped with 420).
Regarding Claim 5, Li discloses the snow remover according to claim 4, wherein each of the plurality of direction changing members (Li: 300) comprises an engaging portion (Li: 210) configured to be engaged with the gear engaging portion (Li: 210) (Li: teeth of gears 220).
Regarding Claim 10, Li discloses an attachment configured to be used with a snow remover, the attachment comprising:
A working portion (Li: Figure 1: lower portion of snow sweeper) configured to throw snow off ground;
A plurality of direction changing members (Li: 300) configured to change a direction for throwing the snow; and
An adjuster (Li: 100), wherein the adjuster (Li: 100) comprises a plurality of gears (Li: 200), and the plurality of gears (Li: 200) is rotatable and is configured to adjust an orientation of the plurality of direction changing members (Li: 300) by rotating.
Allowable Subject Matter
Claims 6, 7, and 9 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.
The following is an examiner’s statement of reasons for allowance:
The use of language directed to the pulling of the handle toward the user to engage the gears, specifically: “the handle is pulled toward the user, the positioning projection is switched from the reception state to the non-reception state (230 not within 420)” when combined with the other limitations of claim 6, is sufficient to distinguish the applicant’s invention from prior art and obvious variations thereof.
The use of language directed to the plurality of gears comprising identical gears attached to each of the direction changing members, specifically: “he plurality of gears comprises a plurality of first gears, each of the plurality of first gears is fixed to a corresponding one of the plurality of direction changing members, and shapes of the plurality of first gears are the same as each other”, when combined with the other limitations of claim 7, is sufficient to distinguish the applicant’s invention from prior art and obvious variations thereof.
Claims 8 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The use of language directed to both the plurality of gears comprising identical gears attached to each of the direction changing members as well as language directed toward the pulling of the handle to engage the gears, specifically “when the handle is pulled toward the user, the positioning projection is switched from the reception state to the non-reception state (230 not within 420), wherein the plurality of gears comprises a plurality of first gears, each of the plurality of first gears is fixed to a corresponding one of the plurality of direction changing members, and shapes of the plurality of first gears are the same as each other, wherein the plurality of gears comprises a second gear meshed with the two adjacent first gears, and a shape of the second gear is the same as the shapes of the plurality of first gears, wherein rotational centers of the plurality of first gears align” when combined with the other limitations of claim 11, is sufficient to distinguish the applicant’s invention from prior art and obvious variations thereof.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20060070265 (lacks gears for adjustment mechanism), US 5603173 (lacks gears for adjustment mechanism), US 4378644 (lacks gears for adjustment mechanism), US 4346526 (lacks gears for adjustment mechanism), US 4308675 (lacks gears for adjustment mechanism), US 4294027 (lacks gears for adjustment mechanism), US 4138829 (lacks gears for adjustment mechanism), US 4138831 (lacks gears for adjustment mechanism).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS S WOOD whose telephone number is (571)270-5954. The examiner can normally be reached Monday through Thursday 8:30 AM - 7:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole A Coy can be reached at (571) - 272 - 5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DOUGLAS S. WOOD
Examiner
Art Unit 3672
/DOUGLAS S WOOD/Examiner, Art Unit 3672
/Giovanna Wright/Primary Examiner, Art Unit 3672
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