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 .
Application Status
Claims 1-3 and 5-7 are pending and have been examined in this application.
Information disclosure statements (IDS) have been filed on 05/03/2023 and 10/28/2022 and reviewed by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-3 and 5-7 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 1 recites the phrase "the second fertilization pipe has a passage protection pipe surrounding an outside of the second fertilization pipe " in lines 39-40. This renders the claim vague and indefinite, since it is unclear whether the passage protection pipe is a separate structure from the pipe structure of the second fertilization pipe or if the passage protection pipe is the same structure as the pipe structure of the second fertilization pipe. Based on the Applicant’s Specification and Fig. 6, the passage protection pipe seems to be the same structure as the pipe structure of the second fertilization pipe. Therefore, it is unclear how the second fertilization pipe can also have a passage protection pipe which is surrounding an outside of the second fertilization pipe. Rather it seems from the Applicant’s Specification Page 30 lines 2-7, that the passage protection part surrounds the nutrient solution passage. This further supports the conclusion that the passage protection pipe and the second fertilization pipe are referencing the same pipe structure. Further clarification is required.
Claim 1 recites the phrase “a plurality of openings” in line 42. This renders the claim vague and indefinite, since it is unclear whether or not the plurality of openings of the passage protection pipe is the same as the “second plurality of spray holes” in line 28 of claim 1. It seems that the aforementioned second plurality of spray holes and plurality of openings are referencing the same structure, based on the Applicant’s Fig. 6. This seems to be a double inclusion of the limitation. Further clarification is required.
Similarly, it is unclear whether or not the recitation of “a plurality of spray holes” in line 4 of claim 5 is the same as the “first plurality of spray holes” and “second plurality of spray holes” in lines 24 and 28 of claim 1, respectively. This seems to be a double inclusion of the limitations. Further clarification is required.
Claims 2-3 and 5-7 are rejected based on their respective dependencies.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
Claims 2-3 and 5-7 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.
Response to Arguments
Applicant’s arguments, see Page 3 line 9 – Page 7 line 11, filed 03/06/2025, with respect to the claims have been fully considered and are persuasive. The 35 USC § 103 rejections of claims 1-3 and 5-7 have been withdrawn.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particularly the references were cited because they pertain to the state of the art of agricultural devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached on (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647