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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/02/2026 has been entered.
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) 1,2,4,5,6,7,8,10,11,12,16,17,19,20,21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kohel (US 20070196185).
Regarding claim 1, Kohel teaches a multilayer resilient media, comprising:
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a. a first layer (strands 22 of top net 14; Fig. 1) that includes a plurality of strands that are in substantially parallel alignment (strands 22 which extend in a first direction are in a substantially parallel alignment; Fig. 1; para [0038]);
the first layer defining a first perimeter edge on a first side of the first layer (see annotation above for first perimeter edge)
b. a second layer (strands 22 of bottom net 16; Fig. 1) that includes a plurality of strands that are in substantially parallel alignment (strands 22 which extend in a second direction are in a substantially parallel alignment; Fig. 1; para [0038]) and that is in stacked relation relative to the first layer (see Fig. 1, wherein strands 22 of top net 14 & strands 22 of bottom net 16 are stacked);
the second layer defining a first perimeter edge on a first side of the second layer; (strands 22 of bottom net 16 are identical, see annotation above for first perimeter edge)
Kohel does not explicitly disclose:
a second perimeter edge on an opposing side of the first layer; and a second perimeter edge on an opposing side of the second layer
However, it would have been obvious to one of ordinary skill in the art before the effect filing date to modify the first and second layers of Kohel such that they comprised second perimeter edges as claimed to allow the media to be used with smaller plants. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Kohel as modified therefore discloses:
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a second perimeter edge on an opposing side of the first layer; (see annotation above for second perimeter edge)
and a second perimeter edge on an opposing side of the second layer; (strands 22 of bottom net 16 are identical, see annotation above)
wherein the strands of the first layer (strands 22 of top net 14) and the strands of the second layer (strands 22 of bottom net 16) are in a non-aligned orientation relative to each other (“the structural configuration and/or composition …. of the top and bottom nets 14 and 16 may vary… bottom net 16 may have relatively smaller and/or different shape openings than top net 14”; para [0037]; in an embodiment where the bottom net 16 has smaller openings than the top net 14, the strands 22 of top net 14 would be in a non-aligned orientation relative to strands 22 of bottom net 16; also see Fig. 1);
wherein the plurality of strands of the first layer (strands 22 of top net 14) are constrained by fixation at a first position of the first layer (see annotation above for first position) at or near the first perimeter edge (see first position above located near the first perimeter edge)
and constrained by fixation at a second position (see annotation above for second position) of the first layer and located at or near the second perimeter edge of the first layer (see second position above located near the second perimeter edge and spaced from the first position)
such that an orientation of the plurality of strands of the first layer (strands 22 of top net 14) only includes strands extending from the first position to the second position in the first layer (See annotations above wherein strands 22 extend from the first position to the second position);
wherein the plurality of strands of the second layer (strands 22 of bottom net 14) are constrained by fixation at a first position of the second layer (identical to top net, see annotation above for first position) at or near the first perimeter edge (see first location above located near the first perimeter edge) and constrained by fixation at a second position (see annotation above for second position) of the second layer and located at or near the second perimeter edge of the second layer (see second position above located near the second perimeter edge and spaced from the first position), such that an orientation of the plurality of strands of the second layer (strands 22 of bottom net 16) only includes strands extending from the first position to the second position in the second layer (See annotations above wherein strands 22 extend from the first position to the second position);
wherein the plurality of strands of each of the first layer (strands 22 in top net 14) and the second layer (strands 22 of bottom net 16) are configured to laterally flex, bow or arch along their entire respective length to accommodate plant growth (strands 22 may be made of nylon which is a highly flexible material and are thus configured to laterally flex, blow or arch along their entire length to accommodate plant growth; para [0041]);
wherein a first length (see annotation above for first length) of each of the plurality of strands of the first layer (strands 22 of top net 14) defines a first unconstrained free length (see annotation above for first unconstrained free length) of the plurality of strands extending from the first position to the second position (strands 22 extend from first to second position), the plurality of strands of the first layer defining a first spacing therebetween (see annotation above for first spacing between strands 22);
wherein a second length (strands 22 of bottom net are identical to top net, see annotation above for “first length”) of each of the plurality of strands of the second layer defines a second unconstrained free length (see annotation above for unconstrained free length) of the plurality of strands extending from the first position to the second position(strands 22 extend from the first to second position see annotation above), the plurality of strands of the second layer defining a second spacing therebetween (see annotation above for spacing between strands 22);
wherein the first unconstrained free length is greater than the first spacing (see annotation above how the length of the first constrained free length is greater than the first spacing); and
wherein the second unconstrained free length is greater than the second spacing (identical to top net, see annotation above how the length of the first constrained free length is greater than the first spacing).
Regarding claim 2, Kohel as modified teaches the limitations of claim 1 and further teaches wherein the plurality of strands of the first layer (strands 22 of top net 14) and the plurality of strands of the second layer (strands 22 of bottom net 16) comprises adhesive (strands 22 may include a layer of lamination polymer, such as EVA OR EMA, which is suitable as an adhesive; para [0042]).
Regarding claim 4, Kohel as modified teaches the limitations of claim 1 and further teaches wherein the plurality of strands in at least one of the first layer (strands 22 of top net 14) and the second layer (strands 22 of bottom net 16) are in spaced side-by-side relation. (wherein the strands 22 of top net 14 are in spaced side-by-side relation and wherein the strands 22 of bottom net 16 are in a side-by-side relation)
Regarding claim 5, Kohel as modified teaches the limitations of claim 1 and further teaches wherein the first length or second length of at least one of the constrained plurality of strands extends from the first position and the second position (see annotation above how the first length of the unconstrained length extends from the first and second position).
Regarding claim 6, Kohel as modified teaches the limitations of claim 1 and further teaches wherein each of the first layer (strands 22 of top net 14; Fig. 1) and the second layer (strands 22 of bottom net 16; Fig. 1) are adapted to be handled separately (nets 14 and 16 are spaced apart; para [0031]).
Regarding claim 7, Kohel as modified teaches the limitations of claim 1 and further teaches wherein the plurality of strands in at least one of the first layer and the second layer are spaced from each other so as to define an elongated opening therebetween (Fig 2, wherein the strands 22 of nets 14, 16 are spaced from each other so as to define elongated openings).
Regarding claim 8, Kohel as modified teaches the limitations of claim 7 and further teaches wherein the plurality of strands in at least one of the first layer (strands 22 in top net 14) and the second layer (strands 22 in bottom net 16) define one or more nubs or extensions that protrude into the elongated opening (see the rounded nubs at extensions 36 which protrude into the elongated openings; best seen in Fig. 6) by a distance equal to or less than a diameter of a strand of the plurality of strands (strands 22 may have an average diameter of 0.020 inches and extensions 36 may have an average thickness of 0.005, and thus extensions protrude into the elongated openings by a distance less than a diameter of a strand 22; paras [0061] & [0067]).
Regarding claim 10, Kohel as modified teaches the limitations of claim 1 and further teaches wherein the plurality of strands in the first layer (strands 22 in top net 14) and in the second layer (strands 22 in bottom net 16) move independently of each other (strands 22 may be comprised of nylon, which is a bendable material, and thus the strands 22 in the top and bottom nets 14, 16 are able to move independently of each other; para [0041]).
Regarding claim 11, Kohel as modified teaches the limitations of claim 10 and further teaches wherein the plurality of strands in the first layer define a first axis (Fig 1-2, wherein the strands 22 in top net 14 define a first axis) and the plurality of strands in the second layer define a second axis (Fig 1-2, wherein the strands 22 in bottom net 16 define a second axis), and wherein the first axis is oriented at an angle relative to the second axis of 5 degrees to 90 degrees (Fig 1-2, wherein the first and second axis are oriented perpendicular relative to each other and are therefore at an angle of 90 degrees).
Regarding claim 12, Kohel as modified teaches the limitations of claim 11 and further teaches wherein the angle is 45 degrees to 90 degrees (See Fig 1-2, wherein the first and second axis are oriented perpendicular relative to each other and are therefore at an angle of 90 degrees).
Regarding claim 16, Kohel as modified teaches a resilient media, comprising:
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a layer (strands 22 of bottom net 16; Fig. 1) that comprises a plurality of adjacent and laterally bendable strands (strands 22 may be comprised of polypropylene which are a bendable material, thus the strands 22 are laterally bendable; para [0041]; Fig. 1), said plurality of adjacent and laterally bendable strands (strands 22) are constrained by fixation (para [0069]) at a first position of the layer at or near a first perimeter edge of the layer (see annotation above for first position and first perimeter edge)
Kohel does not explicitly disclose:
a second perimeter edge, the first perimeter edge is on a first side of the layer and second perimeter edge is on an opposing side of the layer;
However, it would have been obvious to one of ordinary skill in the art before the effect filing date to modify the first layer of Kohel such it comprised a second perimeter edge as claimed to allow the media to be used with smaller plants.
Kohel as modified therefore discloses:
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and constrained by fixation at a second position of the layer at or near a second perimeter edge, the first perimeter edge is on a first side of the layer and second perimeter edge is on an opposing side of the layer; (see annotation above for second position, second perimeter edge)
wherein an orientation of the plurality of adjacent and laterally bendable strands of the layer (strands 22 of bottom net 16) includes only strands extending between the two or more separate constraining positions (see annotation above, wherein strands 22 extend between first position and second position);
wherein the plurality of adjacent and laterally bendable strands of the layer are configured to laterally flex, bow or arch along their entire respective length to accommodate plant growth (strands 22 may be comprised of polypropylene which are a bendable material, thus the strands 22 are configured to laterally flex to accommodate plant growth; para [0041]);
wherein the length (see annotation above for “first length”) of each of the strands of the layer defines an unconstrained free length of the strands (see annotation above for “a first unconstrained free length”) extending from a first constraining position to a second constraining position of the two separate constraining positions (see how first length extends from the first constraining position to the second constraining position), the strands of the layer defining a spacing therebetween (see annotation for “first spacing”); and
wherein the unconstrained free length is greater than the spacing (see how the first unconstrained free length is greater than the first spacing).
Regarding claim 17, Kohel as modified teaches the limitations of claim 16 and further teaches wherein the length of the plurality of adjacent and laterally bendable strands between the two or more separate constraining positions is greater than the spacing between the adjacent strands at the constraining positions (see annotation above how the length of unconstrained length is greater than the length of the first spacing).
Regarding claim 19, Kohel as modified teaches the limitations of claim 16 and further teaches wherein the plurality of adjacent and laterally bendable strands (strands 22) constrained by fixation between the two or more constraining positions (see annotation above for first and second positions) are strands that are positioned within two strand cross sections or less above or below a plane or straight edge positioned across the two or more separate constraining regions (see Fig. 4, wherein the plurality of strands are positioned within two strand cross sections or less above or below a plane positioned across the two separate constraining regions, note that the strands are in plane with the constraining regions).
Regarding claim 20, Kohel as modified teaches the limitations of claim 16 and further teaches wherein the plurality of adjacent and laterally bendable strands comprise strands that are non-absorbent for water (strands 22 are made of a polypropylene material which is known to be non-absorbent for water; para [0041]).
Regarding claim 21, Kohel as modified teaches the limitations of claim 1 and further teaches wherein the first unconstrained free length greater than the first spacing, and the second unconstrained free length is greater than the second spacing. (para0048, see annotation above how the first/second unconstrained lengths are greater than the first spacing/second spacing)
Kohel doesn’t disclose between 100 or 500 times greater;
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the first/second unconstrained free length to be between 100 or 500 times greater than the first spacing/second spacing as claimed, to ensure that appropriate spacing is provided to provide for an effective terrain stabilizing net.
Claims 3, 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kohel, as applied to claims 1 and 16 above, and in view of Horn (US PGPUB 20120090235).
Regarding claim 3, Kohel as modified teaches the limitations of claim 1 and further teaches the strands in each of the first layer (strands 22 in top net 14) and the second layer (strands 22 in bottom net 16) but does not teach wherein the strands are separately resilient.
Horn teaches wherein the strands (protrusions 403; Fig. 4) in each layer (sheet 400 and second sheet 400, as seen in Fig. 4; para [0062]) are separately resilient (protrusions 403 may be made of a material such as rubber which is resilient; para [0055]).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a resilient material, such as rubber, to the strands, as taught by Horn, to each of the layers of Kohel as modified, since rubber is a well-known alternative material that is flexible and reusable and would be appropriate for use with a growing medium, especially as used outdoors, as recognized by Horn (para [0055]) and as understood by one having ordinary skill in the art.
Regarding claim 9, Kohel as modified teaches the limitations of claim 1 and further teaches the plurality of strands (strands 22) in the first layer (top net 14) and the second layer (bottom net 16) but does not teach wherein the plurality of strands in at least one of the first layer or the second layer are fabricated from a composite of a ceramic fiber and an elastomer.
Horn teaches a multilayer resilient media, wherein the plurality of strands (protrusions 403; Fig. 4) in at least one of the first layer (sheet 400; Fig. 4) or the second layer (2nd sheet 400 in Fig. 4) are fabricated from a composite of a ceramic fiber and an elastomer (the same material may be utilized for both the backing and protrusions; the material may be a composite and may also include ceramic and rubber; para [0055]).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the material of a composite of ceramic fiber and an elastomer, as taught by Horn, to the plurality of strands of Kohel as modified, since a ceramic fiber provides rigidity and rubber is flexible and reusable which would be beneficial features for the media to have being that it will likely be used outdoors and on uneven terrain, as recognized by Horn (para [0055]) and as understood by one having ordinary skill in the art.
Regarding claim 18, Kohel as modified teaches the limitations of claim 16 and further teaches the plurality of adjacent and laterally bendable strands (strands 22; Fig. 2) and the two or more separate constraining positions (first and second positions above) but does not teach wherein the plurality of adjacent and laterally bendable strands, the two or more separate constraining positions, or combinations of these are resilient.
Horn teaches wherein the plurality of adjacent and laterally bendable strands are resilient (strands of protrusions 403 and backing may be comprised of rubber or other types of flexible material (para [0055]); the grid configuration of sheets 400 in Fig. 4 is resilient (para [0062]).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the plurality of adjacent strands resilient by using a rubber material, as taught by Horn, to the media of Kohel as modified, since rubber is flexible and reusable which would be beneficial features for the media to have being that it will likely be used outdoors and on uneven terrain, as recognized by Horn (para [0055]) and as understood by one having ordinary skill in the art.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kohel in view of Ho (KR-101326152-B1) and Yanagisawa (JP-2000308426-A).
Regarding claim 13, Kohel teaches a method of developing plants (para [0011]; Fig. 5), the method comprising:
developing plants on a single layer of the resilient media (netting helps allow grass seedings to grow; para [0011]; Fig. 5) of claim 1 (control netting assembly 10, as explained in the rejection of claim 1 above; see Fig. 1).
Kohel does not teach a method of harvesting plants, the method comprising:
developing plants on the resilient media of claim 1;
separating the plurality of strands of the first layer between the constrained first position and the constrained second position with the developing plants to form elongated openings in the first layer;
separating strands of the second layer between the constrained first position and the constrained second position with the developing plants to form elongated openings in the second layer; and
harvesting the developing plants from the resilient media at a desired stage of growth.
Ho teaches a method of developing plants (Page 1, Abstract), the method comprising:
separating the plurality of strands of the first layer (mesh 110 is made of connected strands of material; Fig. 1/Exhibit D (below, included for clarity)) between the constrained first position and the constrained second position (see Fig. 1, wherein the mesh 110 has a plurality of constrained positions, similar to those shown in annotation (above)) with the developing plants (plant 140; Fig. 1) to form elongated openings in the first layer (the strands of the mesh 110 are separated via cutting between constrained positions to form elongated incisions 130 in the mesh 110; Page 3, lines 12-6 from the bottom of the page); Fig. 1).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method of separating the plurality of strands, via an incision, between constrained positions, as taught by Ho, to the method of Kohel, since this allows a user to securely place a larger plant in between the strands, as recognized by Ho (Page 3, lines 9-7 from the bottom of the page).
Kohel as modified by Ho teaches the method of separating a plurality of strands of the first layer between constrained positions with developing plants to form elongated openings in the first layer (as explained above) but does not specifically teach separating strands of the second layer between the constrained first position and the constrained second position with the developing plants to form elongated openings in the second layer. However, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the method of separating strands in a layer between the constrained first position and the constrained second position with the developing plants to form elongated openings in a layer, as taught by Ho, to the second layer of Kohel, as modified, since appropriately placed incisions across both layers would allow for improved erosion control due to enhance rooting abilities created by the incisions in the second layer, as understood by one having ordinary skill in the art and since Kohel teaches that the top and bottom nets (14, 16) can have substantially the same structure (para [0037]).
Yanagisawa teaches a method of developing and harvesting plants (cultivating and harvesting buckwheat sprouts; Page 2, para 2), the method comprising:
developing plants on a media (buckwheat sprouts are cultivated on mesh 22; Page 2, lines 10-6 from the bottom of the page; see Fig. 6, wherein there are two layers of mesh 22 (each with a plurality of strands) and Fig. 9 wherein the plants are developed on the mesh 22; note that Yanagisawa teaches that it is known to develop plants on two layers of overlapping media);
harvesting the developing plants from the resilient media at a desired stage of growth (sprouts are harvested from mesh 22 when the stems are “12-13 cm long; Page 5, second to last paragraph of the page; Figs. 3 & 9).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method of developing and harvesting plants, as taught by Yanagisawa, to the method of Kohel, as modified, since plant development through two layers of media provides additional root support for growing plants and since it is a well-known practice to harvest plants for personal use or commercial purposes, as understood by one having ordinary skill in the art and as recognized by Yanagisawa (Page 2, lines 7-12).
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Regarding claim 14, Kohel, as modified, teaches the method of claim 13 and Kohel further teaches comprising germinating seeds on the resilient media (seeds germinate on the net; Fig. 5; para [0036]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kohel in view of Ho and Yanagisawa as applied to claims 13-14 above, and in view of Horn (as above).
Regarding claim 15, Kohel, as modified, teaches the method of claim 13 and further teaches the first and second layers (Kohel — top net 14 and bottom net 16) but does not teach wherein the first and second layers are in contact with each other, or wherein the first and second layers are separated by a film of nutrient solution or water, or wherein the first and second layers contain nutrient solution or water within openings of the first layer or second layer, or any combination of these.
Horn teaches a method of developing plants (Abstract), wherein the first and second layers are in contact with each other (growth media sheet 400 and 2nd growth media sheet 400 (both of which include a plurality of strands (protrusions 403) are in contact with each other as they are in an interlocked configuration; Fig. 4; paras [0054] and [0062]).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method wherein the first and second layers are in contact with each other, as taught by Horn, to the method of Kohel, as modified, since the interlocking interactions create a very resilient interaction which provides the roots with additional support, as recognized by Horn (para [0062]).
Response to Arguments
Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive.
In regards to applicant’s arguments that Kohel or Kohel as modified does not teach all of the newly recited limitations: (see pg. 8-23)
Applicant’s arguments have been fully considered and are not persuasive and/or are moot in light of the new grounds of rejection. The claim amendments filed on 03/02/2026 necessitated new grounds for rejection. While the claims are again rejected under 35 U.S.C 103 as being unpatentable over Kohel as modified, the teachings of Kohel are being interpreted differently than in the previous rejection . See rejections above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHADA M ALGHAILANI whose telephone number is (571)272-8058. The examiner can normally be reached M-F (7:30am - 4:30pm EST).
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/SHADA ALGHAILANI/Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643
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