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 4-7 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 4 recites the limitation “plurality of grooves” which are to be engaged by at least one ball. A reading of the specification list a ball (755) which engages a “plurality of detents (735)” (Paragraph [00138]) while also describing a “plurality of grooves” (Paragraph [00216]) that is un-numbered in the applicant’s specification and only present on the chute gear and not the second gear. It is unclear if the detents and grooves are descriptions of the same structural element, different elements, or if one is a component of the other.
Claim 5 is rejected as being dependent from claim 4.
Claim 6 recites the limitation “plurality of grooves” which are to be engaged by at least one pin. A reading of the specification list a ball (755) which engages a “plurality of detents (735)” (Paragraph [00139]) while also describing a “plurality of grooves” (Paragraph [00218]) that is un-numbered in the applicant’s specification and only present on the chute gear and not the second gear. It is unclear if the detents and grooves are descriptions of the same structural element, different elements, or if one is a component of the other.
Claim 7 is rejected as being dependent from claim 4.
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 1-3, 8-10, 14-17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luli (U.S. Pub. No. 2024/0110349).
Regarding Claim 1, Luli discloses a snow blower, comprising:
A frame (Luli: 150) defining an auger housing (Luli: 150), an inlet opening (Luli: Figure 3: front opening of 150), and an outlet opening (Luli: Figure 3: outlet at base of chute), the outlet opening (Luli: Figure 3: outlet at base of chute) being circumferentially bounded about a chute axis;
A rotatable auger (Luli: 160) disposed in the auger housing (Luli: 150), the rotatable auger (Luli: 160) mounted to the frame (Luli: 150) rearward from the inlet opening (Luli: Figure 3: front opening of 150) and below the outlet opening (Luli: Figure 3: outlet at base of chute) to motivate snow to the outlet opening (Luli: Figure 3: outlet at base of chute);
One or more wheels (Luli: 105) mounted to the frame (Luli: 150) apart from the rotatable auger (Luli: 160) to support the snow blower;
A chute body (Luli: 140) extending from the frame (Luli: 150) along the chute axis above the outlet opening (Luli: Figure 3: outlet at base of chute); and
A chute drivetrain assembly coupled to the frame (Luli: 150) and the chute body (Luli: 140), the chute drivetrain assembly comprising:
A chute gear (Luli: 242) coupled to the frame (Luli: 150) and defining at least a portion of the outlet opening (Luli: Figure 3: outlet at base of chute), the chute gear (Luli: 242) configured to rotate the chute body (Luli: 140) about the chute axis, and a chute lever (Luli: 222, 224) operatively coupled to the chute gear (Luli: 242) for rotating the chute body (Luli: 140) about the chute axis.
Regarding Claim 2, Luli discloses the snow blower of claim 1, wherein:
The chute gear (Luli: 242) includes a first surface (Luli: top of 242) adjacent the chute body (Luli: 140) and a second surface (Luli: bottom of 242) opposite the chute body (Luli: 140); and
A plurality of chute gear teeth (Luli: Figure 6: teeth of 242) extend from the second surface (Luli: bottom of 242) of the chute gear (Luli: 242) about an interior perimeter of the chute gear (Luli: 242).
Regarding Claim 3, Luli discloses the snow blower of claim 2, further comprising:
A first gear (Luli: 254) coupled to the chute lever (Luli: 222, 224); and
A second gear (Luli: 256) coupled between the first gear (Luli: 254) and the chute gear (Luli: 242), the second gear (Luli: 256) including a plurality of second gear teeth (Luli: teeth of 256) extending about a periphery of the second gear (Luli: 256) and configured to engage the plurality of chute gear teeth (Luli: Figure 6: teeth of 242); wherein the first gear (Luli: 254) transfers rotation of the chute lever (Luli: 222, 224) to the second gear (Luli: 256); and
Wherein the second gear (Luli: 256) transfers rotation to the chute gear (Luli: 242) via the plurality of second gear teeth (Luli: teeth of 256) and the plurality of chute gear teeth (Luli: Figure 6: teeth of 242).
Regarding Claim 8, Luli discloses the snow blower of claim 1, further comprising a chute base (Luli: Figure 3: base of chute) extending from the chute body (Luli: 140) into the auger housing (Luli: 150) rearward of the rotatable auger (Luli: 160), the chute base at least partially defining the outlet opening (Luli: Figure 3: outlet at base of chute).
Regarding Claim 9, Luli discloses the snow blower of claim 8, wherein the chute base(Luli: Figure 3: base of chute) includes a rear wall (rear wall of base of chute is vertical) extending perpendicular to a direction of travel of the snow blower.
Regarding Claim 10, Luli discloses the snow blower of claim 8, wherein: the chute base includes a first width adjacent the chute body (Luli: 140) and second width opposite the chute body (Luli: 140); and
The first width is different than the second width (Luli: Figure 3: chute narrows toward top).
Regarding Claim 14, Luli discloses the snow blower of claim 1, wherein the chute body (Luli: 140) comprises:
A chute flap (Luli: 145) coupled to an end of the chute body (Luli: 140) and configured to rotate about a horizontal axis;
A flap lever (Luli: Figure 5: handle on rear of 145) coupled to the chute flap (Luli: 145); and
A deflector sheet (Luli: Figure 5: top surface of 145) coupled to an interior surface of one or both of the chute flap (Luli: 145) and the chute body (Luli: 140).
Regarding Claim 15, Luli discloses the snow blower of claim 14, wherein the deflector sheet (Luli: Figure 5: top surface of 145) is at least partially coupled to the chute flap (Luli: 145) and at least a portion of the chute flap (Luli: 145) is configured to rotate about the horizontal axis relative to the chute body (Luli: 140).
Regarding Claim 16, Luli discloses the snow blower of claim 14, wherein the deflector sheet (Luli: Figure 5: top surface of 145) is at least partially coupled to an interior surface of the chute body (Luli: 140) and at least a portion of the chute flap (Luli: 145) is configured to rotate about the horizontal axis relative to the chute flap (Luli: 145).
Regarding Claim 17, Luli discloses the snow blower of claim 14, wherein a shape of the deflector sheet (Luli: Figure 5: top surface of 145) conforms to a shape of an interior surface of the chute body (Luli: 140) and an interior surface of the chute flap (Luli: 145).
Regarding Claim 20, Luli discloses the snow blower of claim 14, wherein an end of the deflector sheet (Luli: Figure 5: top surface of 145) at least partially seals a gap between the chute body (Luli: 140) and the chute flap (Luli: 145).
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 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.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Luli alone.
Regarding Claim 11, Luli discloses the snow blower of claim 10, but does not disclose wherein a ratio of the first width to the second width is less than about 0.9. It would have been an obvious matter of design choice to modify the first and second widths relative to one another, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 12, Luli discloses the snow blower of claim 11, wherein a chute height of the chute body (Luli: 140) is greater than or equal to about 350 mm and less than or equal to about 450 mm. It would have been an obvious matter of design choice to vary the height of the chute body, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 13, Luli discloses the snow blower of claim 12, wherein the chute height of the chute body (Luli: 140) is about 400 mm. It would have been an obvious matter of design choice to vary the height of the chute body, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Luli in view of Stott (U.S. Patent No. 2,741,512).
Regarding Claim 18, Luli discloses the snow blower of claim 14, but does not disclose further comprising a ratchet assembly coupled to the chute body and the chute flap, the ratchet assembly comprising:
A rotatable member coupled to the chute flap and rotatably coupled to the chute body, at least a portion of an exterior surface of the rotatable member including a plurality of teeth; an engagement member including one or more teeth for engaging the plurality of teeth of the rotatable member and securing the chute flap in a desired position;
An elongated arm coupled extending from the engagement member; or
An actuator coupled to the elongated arm opposite the engagement member.
Stott discloses a ratchet assembly (Stott: Figure 2) coupled to the chute body (Stott: 10) and the chute flap (Stott: 11), the ratchet assembly comprising:
A rotatable member (Stott: 15) coupled to the chute flap (Stott: 11) and rotatably coupled to the chute body (Stott: 10), at least a portion of an exterior surface of the rotatable member (Stott: 15) including a plurality of teeth (Stott: 18);
An engagement member (Stott: 20) including one or more teeth (Stott: 20) for engaging the plurality of teeth (Stott: 18) of the rotatable member (Stott: 15) and securing the chute flap (Luli: 145) in a desired position;
An elongated arm (Stott: 12) coupled extending from the engagement member (Stott: 20); and
An actuator (Stott: 30) coupled to the elongated arm opposite the engagement member (Stott: 20).
It would have been obvious to one having ordinary skill in the art at the time of the invention’s filing to have utilized the ratchet assembly of Stott in the invention of Luli in order to provide the well known and predictable effect of setting the angle of deflection of the chute deflector of particulate matter present in both disclosures.
Regarding Claim 19, Luli and Stott discloses the snow blower of claim 18, wherein activation of the actuator (Stott: 30) disengages the one or more teeth of the engagement member from the plurality of teeth of the rotatable member (Stott: 18, 20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 9290897 (alternate gear arrangement), US 20140013633 (alternate gear arrangement), US 7703223 (alternate gear arrangement), US 20080209771 (alternate gear arrangement) US 7032333 (alternate arrangement for ratchet assembly).
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
/Nicole Coy/ Supervisory Patent Examiner, Art Unit 3672
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