DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
As per the submission to the Office filed on 06/20/2025 the following represents the changes from the previous claims: Claims 1, 11 and 17-18 were amended. Claims 1-20 are presented for examination.
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 8-10 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.
For claim 8, the limitation “a root structure” and “a shoot structure” in line 2 is unclear because is it referring to a different root structure and shoot structure than what was stated in claim 1, line 2? For examination purposes, the limitation will be treated as the same root structure and shoot structure and it is recommended that “the” be inserted before “root structure” and “shoot structure” in claim 8.
Claims 9-10 are rejected as being dependent upon a rejected base claim.
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.
Claims 1, 7-13, 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Perrin (US 4789584 A) in view of Ahm (US 4910911 A as cited in the IDS).
Regarding claim 1, Perrin teaches a seedling package comprising: a seedling (Col. 4, lines 14-16) including a root structure (Col. 4, lines 14-16) a shoot structure protruding (Col. 4, line 6 as the seed will propagate and so will comprise of a shoot structure protruding); a seedling-retainer band (14 and 26) including a first sheet (top sheet of 14 and 26 in fig. 3) arranged to hold a first side of the root structure (figs. 2-3 and Col. 4, lines 14-16) of the seedling and a second sheet (bottom sheet of 14 and 26 in fig. 3) arranged to partially surround an opposite second side of the root structure of the seedling (figs. 2-3 and Col. 4, lines 14-16), wherein the seedling-retainer band comprises a pocket (14 and 28 as 28 is within the pocket 14), wherein the seedling lies in the pocket (figs. 2-3 and Col. 4, lines 14-16 as 28 is within the pocket 14), wherein the pocket is configured with a single opening (opening of 28 and figs. 2-3 and Col. 4, lines 4-6), and wherein the shoot structure extends through the single opening (Col. 4, lines 4-6 as the shoot structure will extend through the single opening of 28); wherein the first sheet and the second sheet are formed from the same material (Col. 3, lines 39-42, 55-68 and Col. 4, lines 1-3 as the first and second sheets are made from the foam blank 10).
However, Perrin does not explicitly state soil, and wherein the pocket consists of only the second sheet; and an adhesive layer coupled to one of the first sheet or the second sheet, such that portions of the first sheet and portions of the second sheet are adhered together to cooperate and at least partially surround the root structure of the seedling.
Ahm teaches soil (Col. 4, lines 54-55), and wherein the pocket (figs. 3 and 8 depict 22 forming the pocket) consists of only the second sheet (figs. 3 and 8 depict 22 forming only the pocket); and an adhesive layer (23) coupled to one of the first sheet (4) or the second sheet (22; fig. 3 and Col. 4, lines 54-59), such that portions of the first sheet and portions of the second sheet are adhered together to cooperate and at least partially surround the root structure (11) of the seedling (fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the seedling package of Perrin to include soil, and wherein the pocket consists of only the second sheet; and an adhesive layer coupled to one of the first sheet or the second sheet, such that portions of the first sheet and portions of the second sheet are adhered together to cooperate and at least partially surround the root structure of the seedling as taught by Ahm so that the seedling can have the proper nutrients to grow and wherein the pocket is only the second sheet so that that it is easier to coil the seedling package for transportation (Col. 12, lines 14-15 of Ahm) and ensure that the first and second sheets are held in place to prevent damage to the plant upon transplantation (Col. 4, lines 65-67 of Ahm).
Regarding claim 7, Perrin as modified by Ahm teaches the seedling package of claim 1, and Perrin further teaches wherein a bottom of the root structure (Col. 4, lines 14-16 as the root structure will have a bottom) of the seedling is covered by at least one of the first sheet or the second sheet (fig. 3 and Col. 4, lines 14-16 as the bottom of the root will grow downward).
Regarding claim 8, Perrin as modified by Ahm teaches the seedling package of claim 1, and Perrin further teaches wherein the seedling comprises a plurality of seedlings (figs. 2-3 and Col. 4, lines 14-16) each including a root structure (Col. 4, lines 14-16) and a shoot structure (Col. 4, line 6 as the seed will propagate and so will comprise of a shoot structure protruding), each seedling of the plurality of seedlings being spaced apart from one another along a length of the first sheet and the second sheet (figs. 2-3 and Col. 4, lines 14-16).
Regarding claim 9, Perrin as modified by Ahm teaches the seedling package of claim 8, and Ahm further teaches wherein the first sheet and the second sheet are adhered to one another by the adhesive layer between each neighboring seedling of the plurality of seedlings (fig. 3 and 8).
Regarding claim 10, Perrin as modified by Ahm teaches the seedling package of claim 8, and Perrin further teaches wherein a bottom of the root structure (Col. 4, lines 14-16 as the root structure will have a bottom) of each seedling of the plurality of seedlings is covered by at least one of the first sheet or the second sheet (figs. 2-3 and Col. 4, lines 14-16).
Regarding claim 11, Perrin teaches a method of forming a seedling package comprising steps of: providing a plurality of seedlings (figs. 2-3 and Col. 4, lines 14-16), each seedling including a root structure (Col. 4, lines 14-16) and a shoot structure protruding (Col. 4, line 6 as the seed will propagate and so will comprise of a shoot structure protruding); placing each seedling on a first sheet (top sheet of 14 and 26 in fig. 3) in side-by-side relation to one another (figs. 2-3 and Col. 4, lines 14-16); a second sheet (bottom sheet of 14 and 26 in fig. 3) toward the first sheet (figs. 2-3); the second sheet on the first sheet (figs. 2-3) and each of the seedlings to locate the plurality of seedlings between the first sheet and the second sheet (figs. 2-3 and Col. 4, lines 14-16), wherein the first sheet and the second sheet are formed from the same material (Col. 3, lines 39-42, 55-68 and Col. 4, lines 1-3 as the first and second sheets are made from the foam blank 10); and forming a pocket (14 and 28 as 28 is within the pocket 14) for a seedling (figs. 2-3 and Col. 4, lines 14-16 as 28 is within the pocket 14), wherein the seedling lies in the pocket (figs. 2-3 and Col. 4, lines 14-16 as 28 is within the pocket 14), wherein the pocket is configured with a single opening (opening of 28 and figs. 2-3 and Col. 4, lines 4-6),and wherein the shoot structure extends through the single opening (Col. 4, lines 4-6 as the shoot structure will extend through the single opening of 28).
However, Perrin does not explicitly teach soil, conveying the first sheet from an upstream location to a downstream location while carrying each seedling placed on the first sheet; conveying the second sheet toward the first sheet; placing the second sheet on the first sheet wherein the pocket consists of only the second sheet.
Ahm teaches soil (Col. 4, lines 54-55), conveying the first sheet (4) from an upstream location (left side of Fig. 3) to a downstream location (right side of Fig. 3) while carrying each seedling (fig. 3) placed on the first sheet (fig. 3); conveying the second sheet (22) toward the first sheet (Col. 10, lines 52-53); placing the second sheet on the first sheet (figs. 3 and 8 and Col. 10, lines 52-53) wherein the pocket consists of only the second sheet (figs. 3 and 8 depict 22 forming only the pocket).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the seedling package of Perrin to include soil, conveying the first sheet from an upstream location to a downstream location while carrying each seedling placed on the first sheet; conveying the second sheet toward the first sheet; placing the second sheet on the first sheet wherein the pocket consists of only the second sheet as taught by Ahm so that the seedling can have the proper nutrients to grow and conveniently attach the second sheet to the first sheet (fig. 8 and Col. 11, lines 49-53 of Ahm) and wherein the pocket is only the second sheet so that that it is easier to coil the seedling package for transportation (Col. 12, lines 14-15 of Ahm) and ensure that the first and second sheets are held in place to prevent damage to the plant upon transplantation (Col. 4, lines 65-67 of Ahm).
Regarding claim 12, Perrin as modified by Ahm teaches the method of claim 11, but is silent about further comprising a step of applying an adhesive layer on the second sheet separate from the first sheet prior to the step of forming.
Ahm teaches a step of applying an adhesive layer (23) on the second sheet separate from the first sheet prior to the step of forming (fig. 8 and Col. 11, lines 65-68 and Col. 12, lines 1-5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a step of applying an adhesive layer on the second sheet separate from the first sheet prior to the step of forming as taught by Ahm into the seedling package of Perrin as modified by Ahm in order to ensure that the first and second sheets are held in place to prevent damage to the plant upon transplantation (Col. 4, lines 65-67 of Ahm).
Regarding claim 13, Perrin as modified by Ahm teaches the method of claim 12, and Perrin as modified by Ahm further teaches wherein each of the seedlings are spaced apart from one another (figs. 2-3 of Perrin) and the first sheet and the second sheet adhere to one another between each neighboring seedling (fig. 8 and Col. 11, lines 65-68 and Col. 12, lines 1-5 of Ahm).
Regarding claim 16, Perrin as modified by Ahm teaches the method of claim 11, but is silent about further comprising a step of packaging the plurality of seedlings in a storage bin.
Ahm teaches further comprising a step of packaging the plurality of seedlings in a storage bin (21 and Col. 12, lines 15-17).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a step of packaging the plurality of seedlings in a storage bin as taught by Ahm into the method of Perrin as modified by Ahm in order to safely store and transport the packaged seedlings (Col. 12, lines 25-26 of Ahm).
Regarding claim 17, Perrin teaches a seedling package comprising: a plurality of seedlings (figs. 2-3 and Col. 4, lines 14-16), each seedling including a root structure (Col. 4, lines 14-16) and a shoot structure protruding (Col. 4, line 6 as the seed will propagate and so will comprise of a shoot structure protruding); and a seedling-retainer band (14 and 26) at least partially surrounding the root structure of each seedling (figs. 2-3 and Col. 4, lines 14-16), wherein the seedling-retainer band comprises a first sheet (top sheet of 14 and 26 in fig. 3) and a second sheet (bottom sheet of 14 and 26 in fig. 3), wherein the first sheet and the second sheet are formed from the same material (Col. 3, lines 39-42, 55-68 and Col. 4, lines 1-3 as the first and second sheets are made from the foam blank 10), wherein the seedling-retainer band is continuous (figs. 2-3) and interconnects each seedling (figs. 2-3 and Col. 4, lines 14-16) and each of the seedlings are spaced apart from one another along a length of the seedling-retainer band (figs. 2-3 and Col. 4, lines 14-16), wherein the seedling-retainer band comprises a pocket, wherein the pocket (14 and 28 as 28 is within the pocket 14), wherein a seedling lies in the pocket (figs. 2-3 and Col. 4, lines 14-16 as 28 is within the pocket 14), wherein the pocket is configured with a single opening (opening of 28 and figs. 2-3 and Col. 4, lines 4-6), and wherein the shoot structure extends through the single opening (Col. 4, lines 4-6 as the shoot structure will extend through the single opening of 28).
However, Perrin does not teach soil, and wherein the pocket consists of only the second sheet.
Ahm teaches soil (Col. 4, lines 54-55), and wherein the pocket consists of only the second sheet (figs. 3 and 8 depict 22 forming only the pocket).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the seedling package of Perrin to include soil, and wherein the pocket consists of only the second sheet as taught by Ahm so that the seedling can have the proper nutrients to grow and wherein the pocket is only the second sheet so that that it is easier to coil the seedling package for transportation (Col. 12, lines 14-15 of Ahm).
Regarding claim 18, Perrin as modified by Ahm teaches the seedling package of claim 17, and Perrin further teaches wherein the seedling-retainer band includes the first sheet arranged to hold a first side of the root structure (figs. 2-3 and Col. 4, lines 14-16)) of each seedling and the second sheet arranged to partially surround an opposite second side of the root structure of each seedling (figs. 2-3 and Col. 4, lines 14-16).
Regarding claim 19, Perrin as modified by Ahm teaches the seedling package of claim 18, but is silent about further comprising an adhesive coupled to one of the first sheet or the second sheet, wherein the adhesive is applied to a surface of the first sheet facing the second sheet such that portions of the first sheet and portions of the second sheet cooperate to fully surround the root structure of each seedling.
Ahm teaches an adhesive (23) coupled to one of the first sheet or the second sheet (figs. 3 and 8), wherein the adhesive is applied to a surface of the first sheet facing the second sheet such that portions of the first sheet (fig. 8 depicts the adhesive layer being applied to the surface of the first sheet) and portions of the second sheet cooperate to fully surround the root structure of each seedling (figs. 3 and 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the seedling package of Perrin as modified by Ahm to include an adhesive coupled to one of the first sheet or the second sheet, wherein the adhesive is applied to a surface of the first sheet facing the second sheet such that portions of the first sheet and portions of the second sheet cooperate to fully surround the root structure of each seedling as taught by Ahm in order to ensure that the first and second sheets are held in place to prevent damage to the plant upon transplantation (Col. 4, lines 65-67 of Ahm).
Claim(s) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Perrin as modified by Ahm as applied to claim 1 above, and further in view of Dougherty (US 2018/0332781).
Regarding claim 2, Perrin as modified by Ahm teaches the seedling package of claim 1, but does not expressly teach wherein the adhesive layer consists of biodegradable materials.
Dougherty teaches an adhesive layer for attaching layers in a plant husbandry product, wherein the adhesive layer consists of biodegradable materials (paras 0075, 0077, and 0084 describe at least sap, known to be biodegradable, to adhere the layers together; see also Applicant’s specification at para 0047).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the adhesive layer of Perrin as modified by Ahm to consist of biodegradable materials as taught by Dougherty in order to adhere the layers together (Dougherty, (paras 0075 and 0084) using a natural, non-polluting adhesive that breaks down harmlessly in the environment.
Regarding claim 3, Perrin as modified by Ahm and Dougherty teaches the seedling package of claim 2, and Dougherty further teaches wherein the adhesive layer is tree sap (paras 0075, 0077, and 0084 describe sap, known to be biodegradable, to adhere the layers together; see also Applicant’s specification at para 0047).
Claim(s) 4-6 and 14-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Perrin as modified by Ahm as applied to claims 1 and 11 above, and further in view of Holloway (CA 2372811).
Regarding claim 4, Perrin as modified by Ahm teaches the seedling package of claim 1, but is silent wherein at least one of the first sheet or the second sheet is infused with at least one of an insecticide, a pesticide, a fungicide, or a fertilizer.
Holloway teaches the seedling package (Figs. 1-4; note the seeds 8 are capable of sprouting into seedlings in use (Fig. 3; col 11, In 24-26)) wherein at least one of the first sheet (6, 100) or the second sheet (4, 102) is infused with at least one of an insecticide (pg. 8, In 14-20), a pesticide (pg. 8, In 14-20), a fungicide (pg. 8, In 14-20), or a fertilizer (pg. 6, In 22-27; pg. 7, In 10-20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the first sheet and the second sheet of Perrin as modified by Ahm to be infused with at least one of an insecticide, a pesticide, a fungicide, or a fertilizer as taught by Holloway in order to reduce the concentration of pesticide and fertilizer in direct contact with the seed allowing a broader range of products to be used at higher rates without causing phytotoxicity, reducing the requirement for field applications and dose of active ingredient (Holloway, pg. 8, In 17-20).
Regarding claim 5, Perrin as modified by Ahm teaches the seedling package of claim 1, but does not expressly teach wherein the first sheet is infused with a first additive and the second sheet is infused with a second additive different than the first additive.
Holloway teaches a seedling package (Figs. 1-4; note the seeds 8 are capable of sprouting into seedlings in use (Fig. 3; col 11, In 24-26)) wherein one sheet is infused with a first additive and another sheet is infused with a second additive different than the first additive (pg. 8, In 28-30 describes different sheets, each sheet being impregnated with a different additive).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify seedling package of Perrin as modified by Ahm such that one (first) sheet is infused with a first additive and the other (second) sheet is infused with a second additive different than the first additive as taught by Holloway in order to aid and accelerate plant establishment (Holloway, pg. 6, In 22-pg. 7, In 8), increase the water absorbency (Holloway, pg. 7, In 22-25), reduce the requirement for field applications and dose of active ingredient (Holloway, pg. 8, In 14-20), and encourage plant establishment and buffer seedlings against soil contaminants (Holloway, pg. 8, In 32-pg. 9, In 5). Please note in the combination the two sheets are the first and second sheet as taught by Perrin as modified by Ahm.
Regarding claim 6, Perrin as modified by Ahm and Holloway teaches the seedling package of claim 5, and Holloway further teaches wherein the first additive includes one of an insecticide (pg. 8,In 14-20), a pesticide (pg. 8, In 14-20), a fungicide (pg. 8, In 14-20), or a fertilizer (pg. 6, In 22-27; pg. 7, In 10-20) and the second additive includes another of the insecticide (pg. 8, In 14-20), the pesticide (pg. 8, In 14-20), the fungicide (pg. 8, In 14-20), or the fertilizer (pg. 6, In 22-27; pg. 7, In 10-20; pg. 8, In 28-30 describes different sheets, each sheet being impregnated with a different additive).
Regarding claim 14, Perrin as modified by Ahm teaches the method of claim 11, but is silent further comprising a step of infusing at least one of the first sheet or the second sheet with at least one of an insecticide, a pesticide, a fungicide, or a fertilizer.
Holloway teaches the seedling package (Figs. 1-4; note the seeds 8 are capable of sprouting into seedlings in use (Fig. 3; col 11, In 24-26)) comprising a step of infusing at least one of the first sheet (6, 100) or the second sheet (4, 102) with at least one of an insecticide (pg. 8, In 14-20), a pesticide (pg. 8, In 14-20), a fungicide (pg. 8, In 14-20), or a fertilizer (pg. 6, In 22-27; pg. 7, In 10-20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the first sheet and the second sheet of Perrin as modified by Ahm to include a step of infusing at least one of the first sheet or the second sheet with at least one of an insecticide, a pesticide, a fungicide, or a fertilizer as taught by Holloway in order to reduce the concentration of pesticide and fertilizer in direct contact with the seed allowing a broader range of products to be used at higher rates without causing phytotoxicity, reducing the requirement for field applications and dose of active ingredient (Holloway, pg. 8, In 17-20).
Regarding claim 15, Perrin as modified by Ahm teaches the method of claim 11, but is silent about further comprising a step of adding at least one of an insecticide, a pesticide, a fungicide, or a fertilizer to the root structure of each seedling between the first sheet and the second sheet.
Holloway teaches a method of forming a seedling package (Figs. 1-4; note the seeds 8 are capable of sprouting into seedlings in use (Fig. 3; col 11, In 24-26)) comprising a step of adding at least one of an (pg. 8, In 14-20), a pesticide (pg. 8, In 14- 20), a fungicide (pg. 8, In 14-20), or a fertilizer (pg. 6, In 22-27; pg. 7, In 10-20) to the root structure of each seedling between the first sheet (6, 100) and the second sheet (4, 102).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Perrin as modified by Ahm to include a step of adding at least one of an insecticide, a pesticide, a fungicide, or a fertilizer to the root structure of each seedling between the first sheet and the second sheet as taught by Holloway in order to reduce the requirement for field applications and dosing of active ingredient (Holloway, pg. 8, In 17-20). Please note in the combination of references the root structure of the seedling is located between the first and second sheets as taught by Perrin as modified by Ahm).
Regarding claim 20, Perrin as modified by Ahm teaches the seedling package of claim 18, but is silent wherein at least one of the first sheet or the second sheet includes at least one of an insecticide, a pesticide, a fungicide, or a fertilizer.
Holloway teaches the seedling package (Figs. 1-4; note the seeds 8 are capable of sprouting into seedlings in use (Fig. 3; col 11, In 24-26)) wherein at least one of the first sheet (6, 100) or the second sheet (4, 102) includes at least one of an insecticide (pg. 8, In 14-20), a pesticide (pg. 8, In 14-20), a fungicide (pg. 8, In 14-20), or a fertilizer (pg. 6, In 22-27; pg. 7, In 10-20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the first sheet and the second sheet of Perrin as modified by Ahm to include wherein at least one of the first sheet or the second sheet includes at least one of an insecticide, a pesticide, a fungicide, or a fertilizer as taught by Holloway in order to reduce the concentration of pesticide and fertilizer in direct contact with the seed allowing a broader range of products to be used at higher rates without causing phytotoxicity, reducing the requirement for field applications and dose of active ingredient (Holloway, pg. 8, In 17-20).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHAR ALMATRAHI whose telephone number is (571)272-2470. The examiner can normally be reached M-F 7:30-5:30.
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/SAHAR ALMATRAHI/Examiner, Art Unit 3643
/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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