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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it refers to purported merits or speculative applications and uses phrases which are implied, such as, “is disclosed herein”, “In some embodiments” and “The edging system edging provides a barrier for the plant, protecting the plant whilst providing a tidy and aesthetically pleasing appearance to the plant and the yard/garden as a whole”. Correction is required. See MPEP § 608.01(b).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 12-14, 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by King (US 6944998).
Regarding claims 1-9, 12-14, 17-19, King discloses an edging system for a plant, the system comprising: a set of annular members (22, 58, 122) configured to be vertically stacked (Figs. 13-14, 16) to form the edging system, the set of annular members (22, 58, 122) including a base member (bottom row), at least one central member (central row) and a cap member (124) all having a top surface (top) opposite a bottom surface (bottom); a plurality of first engagement portions (108, 130 on the top of the edging, 150) located on respective top surfaces (top) of the base member (bottom row) and the at least one central member (central row); and a plurality of second engagement portions (110, 130 on the bottom of the edging, 152) located on respective bottom surfaces (bottom) of the at least one central member (central row) and the cap member (124); and wherein adjacent annular members (22, 58, 122) are configured to join together (Figs. 8, 14, 17) via engagement of the plurality of first engagement portions (108, 130 on the top of the edging, 150) and the plurality of second engagement portions (110, 130 on the bottom of the edging, 152) thereon, wherein the base member (bottom row) is defined by at least two arcuate base member sections (Fig. 15), wherein each of the arcuate base/central/cap member sections (bottom/central/cap row) include a first base member end (left side) and a second base member end (right side), wherein the first base member end (left side) includes a first base connector portion (female end with upper and lower section protruding outward), wherein the second base member end (right side) includes a second base connector portion (male end with only the central portion extending outward), and wherein the first base connector portion (female end with upper and lower section protruding outward) of each arcuate base member section (Fig. 15) is configured to connect with the second base connector portion (male end with only the central portion extending outward) of each arcuate base member section (Fig. 15) to form the base member, wherein the first base connector portion, the first central connector portion and the first cap connector portion each include a protuberance (150), wherein the second base connector portion, the second central connector portion and the second cap connector portion each include a groove (152), wherein the base member (bottom row) includes a plurality of openings located about the bottom surface (elements 130 on the bottom of each section) thereof, wherein the cap member (124) includes a diameter larger than a diameter of the base member and the at least one central member (Column 7, lines 34-36).
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.
Claims 10-11, 15-16, 20 are rejected under 35 U.S.C. 103 as being unpatentable over King (US 6944998) in view of Fryfogle (US 2019/0211547
Regarding claims 10-11, 15-16, 20 King discloses an edging system for a plant, the system comprising: a set of annular members (22, 58, 122) configured to be vertically stacked (Figs. 13-14, 16) to form the edging system, the set of annular members (22, 58, 122) including a base member (bottom row), at least one central member (central row) and a cap member (124) all having a top surface (top) opposite a bottom surface (bottom);; and wherein the base member (bottom row) includes a plurality of openings located about the bottom surface (elements 130 on the bottom of each section) thereof, the base member (bottom row), central portion (central row), cap portion (cap) being defined by at least two arcuate base member sections (Fig. 15), wherein each of the arcuate base/central/cap member sections (bottom/central/cap row) include a first base member end (left side) and a second base member end (right side), wherein the first base member end (left side) includes a first base connector portion (female end with upper and lower section protruding outward), wherein the second base member end (right side) includes a second base connector portion (male end with only the central portion extending outward), and wherein the first base connector portion (female end with upper and lower section protruding outward) of each arcuate base member section (Fig. 15) is configured to connect with the second base connector portion (male end with only the central portion extending outward) of each arcuate base member section (Fig. 15) to form the base member, and wherein the first base connector portion, the first central connector portion and the first cap connector portion each include a protuberance (150); wherein the second base connector portion, the second central connector portion and the second cap connector portion each include a groove (152), but does not expressly disclose a plurality of protrusions located on respective top surfaces of the base member and the at least one central member; a plurality of slots located on respective bottom surfaces of the at least one central member and the cap member and wherein adjacent annular members are configured to join together via engagement of the plurality of protrusions and the plurality of slots thereon.
However, Fryfogle discloses a similar edging structure formed into blocks with protrusions (11) formed on the top surfaces (9) of the edging blocks (1) and slots (17) formed on the respective bottom surfaces (15) of the edging blocks (1) which are configured to be joined together via engagement of the protrusions (11) and the slots (17).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify King, by adding protrusions formed on the top surfaces of the edging blocks and slots formed on the respective bottom surfaces (15) of the edging blocks which are configured to be joined together via engagement of the protrusions and the slots as taught by Fryfogle, for the purpose of joining together multiple edging portions to form a vertically stacked edging structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached on (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M RODZIWICZ/ Examiner, Art Unit 3642
/MONICA L PERRY/ Primary Examiner, Art Unit 3644