DETAILED ACTION
This communication is a final rejection on the merits.
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 .
Response to Amendment
The amendment filed on 02/18/2026 has been entered. Claims 1-2, 4, 8-11, 13-15, 21-22, and 26-30 have been amended, and Claims 3, 5-7, 12, 16-20, and 23-25 remain as previously presented. Applicant’s amendments to the Claims have overcome each and every objection set forth in the Non-Final Rejection mailed 12/05/2025.
Claim Rejections - 35 USC § 112
Claims 1-30 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.
Regarding Claim 1, Claim 1 recites the limitation “the exchange” in Line 32 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 10, Claim 10 is unclear because the newly added limitation in Lines 12-21 of the claim appear to recite a method step, while the claim is drawn to a system.
Regarding Claim 11, Claim 11 recites the limitation “the exchange” in Line 26 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 13, Claim 13 is unclear because the newly added limitation in Lines 10-19 of the claim appear to recite a method step, while the claim is drawn to a system.
Regarding Claim 14, Claim 14 is unclear because the newly added limitation in Lines 11-19 of the claim appear to recite a method step, while the claim is drawn to a system.
Regarding Claim 22, Claim 11 recites the limitation “the exchange” in Line 24 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 26, Claim 26 is unclear because the newly added limitation in Lines 8-16 of the claim appear to recite a method step, while the claim is drawn to a system.
Regarding Claim 28, Claim 28 is unclear because the newly added limitation in Lines 16-23 of the claim appear to recite a method step, while the claim is drawn to a system.
Regarding Claim 29, Claim 29 is unclear because the newly added limitation in Lines 20-28 of the claim appear to recite a method step, while the claim is drawn to a system.
Regarding Claim 30, Claim 30 is unclear because the newly added limitation in Lines 18-26 of the claim appear to recite a method step, while the claim is drawn to a system.
Claims 2-9, 12, 15-21, 23-25, and 27 are rejected as being dependent upon a rejected claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 7-9, 11-12, 16-19, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR 100219383 B1) in view of Seok et al. (KR 101951146 B1) and Chidgey et al. (US 3576698 A).
Regarding Claim 1, Yun teaches a three-dimensional ground vegetation reinforcement structure (See Figs. 1-3 and Pg. 2; The invention is drawn to a structure that’s three dimensional and serves to protect and reinforce ground vegetation.) comprising:
A base attachment structure (1) having an upper portion (shown in Fig. 1; Base attachment structure 1 has an upper portion.),
A plurality of apertures (3),
A plurality of upper elements (2), and
A plurality of vertical upper bases (See Fig. 2; Each of the upper elements 2 have a vertical upper base.), and
Wherein the plurality of upper elements (2) is fixed upon the corresponding upper flat surfaces of the plurality of vertical upper bases (shown in Figs. 2-3; The upper elements 2 is fixed upon a corresponding upper flat surfaces of the vertical upper bases.),
A plant starting material layer (5) disposed on an upper surface of the base attachment structure or on a bottom surface of the base attachment structure (See Figs. 2-3 and Pgs. 2-3; Layer 5 comprises sand that serves as a starting material and is disposed on an upper surface of the base attachment structure 1.), and
A layer of plant seeds (7) disposed on, within, or near the plant starting material layer (See Figs. 2-3; Plant seeds 7 are disposed within a plant starting material layer 5.),
Wherein the upper elements and the vertical upper bases are configured to raise a shear plane above the upper portion of the base attachment structure to thereby help protect a crown of one or more plant(s) that will grow from the layer of plant seeds through one or more of the apertures from mechanical shear such that the one or more plant(s) can regenerate despite being subject to mechanical forces shearing the one or more plant(s) (See Fig. 3 and Pg. 2; Upper elements 2 and vertical upper bases raises a shear plane above the upper portion of the base attachment structure 1, which thereby helps protect a crown of one or more plant(s) 6 that will grow from the layer of plant seeds 7 through one or more of the apertures 3 from mechanical shear such that the one or more plant(s) 6 can regenerate despite being subject to mechanical forces shearing the one or more plant(s) 6.);
Wherein the upper elements (2) are configured to have a dispersion that allows the upper elements to be disposed near each adjacent upper element such that the field of the upper elements simulates the appearance of natural vegetation and minimizes blocking of light energy to the shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures (See Figs. 2-3; Upper elements 2 have a dispersion that allows the upper elements 2 are disposed near each adjacent upper element 2 such that the field of the upper elements 2 simulates the appearance of natural vegetation and can minimize the blocking of light energy to the shoot meristem of the plants 6 will grow from the layer of plant seeds 7 through the apertures 3.);
Wherein the apertures (3) are sized and distributed to permit germination and upward growth of plants from the layer of seeds through the base attachment structure (See Fig. 3; Apertures 3 are sized and distributed to permit the germination and upward growth of plants 6 from the seeds 7 through the base attachment structure 1.).
However, the system of Yun fails to explicitly state that the plurality of upper elements that are generally resilient when bent and flexed and that the layer of plant seeds disposed on, within, or near a bottom surface of the plant starting material layer.
Seok teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to an apparatus for planting a hybrid turf.), the system of Seok teaches a three-dimensional ground vegetation reinforcement structure (10; shown in Figs. 2-6d) comprising a plurality of upper elements (40) that are generally resilient when bent and flexed (¶31 states that artificial turf 40 is preferably formed of synthetic fibers or a synthetic resin material having elasticity, the property of a material that allows it to deform under the influence of an external force and then return to its original shape when the force is removed.), and a layer of plant seeds disposed either on, within, or near a bottom surface of the plant starting material (¶42 states that seeds may be spread on the upper part of plant starting material layer 200.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yun to have the plurality of upper elements be generally resilient when bent and flexed and to have the layer of plant seeds be disposed on, within, or near a bottom surface of the plant starting material layer as taught by Seok with reasonable expectation of success to better maintain and repair natural grass.
The system of Yun as modified by Seok further teaches (references to Yun) that the upper elements (2) extend to a height greater than a shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Fig. 3 of Yun; The upper elements 2, which were modified by Seok to be generally resilient when bent and flexed, extend to a height greater than a shoot meristem of the plants 6 that will grow from the layer of plant seeds 7 through the one or more of the apertures 3 even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.).
The system of Yun as modified by Seok further teaches (references to Yun) that:
The apertures collectively provide a perforation and each of the apertures has dimensions so as to permit the exchange of water and oxygen and consequent growth of plant vascular tissue without strangulation while simultaneously providing horizontal structure to locate and reinforce shoot-like protrusions; and/or
The layer of plant seeds comprises pre-selected plants that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Figs. 1 and 3; Apertures 3 collectively provide a perforation and each of the apertures 3 has dimensions that are capable of permitting an exchange of water and oxygen and consequent tissue growth without strangulation while simultaneously providing horizontal structure to locate and reinforce shoot-like protrusions 6. Furthermore, Fig. 3 shows that the layer of seeds 7 comprise plants whose crowns, sheaths and shoots have heights below the shear plane as raised or defined by the upper elements 2 and the vertical upper bases even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.).
The system of Yun as modified by Seok fails to explicitly state that each of the plurality of vertical upper bases is generally washer-shaped with an upper flat surface and that the plurality of vertical upper bases is disposed on the upper portion of the base attachment structure.
Chidgey teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a three-dimensional synthetic sod.), the system of Chidgey teaches a structure (shown in Figs. 1-2) comprises a plurality of vertical upper bases (2) wherein each of the plurality of vertical upper bases (2) is generally washer-shaped with an upper flat surface (Figs. 1-2 show that the plurality of vertical upper bases is generally washer-shaped with an upper flat surface.), wherein the plurality of vertical upper bases (2) is disposed on the upper portion of a base attachment structure (Figs. 1-2 show that the vertical upper bases 2 are disposed on the upper portion of a base attachment structure 3.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yun as modified by Seok to have each of the plurality of vertical upper bases be generally washer-shaped with an upper flat surface and to have the plurality of vertical upper bases be disposed on the upper portion of the base attachment structure as taught by Chidgey with reasonable expectation of success to provide a structure that is simpler to manufacture and also better resembles natural plants.
Regarding Claim 4, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
The system of Yun as modified by Seok and Chidgey further teaches (references to Yun) that the plurality of upper elements (2) is designed to provide an approximate look and feel of natural vegetation (shown in Fig. 3; Elements 2, modified to be resilient when bent and flex by Seok, provide an approximate look and feel of natural vegetation.) and is constructed as to not totally block the plurality of apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position, thereby allowing plant growth through the apertures by the distribution of the sun's radiation and gas exchange between the one or more plant(s) and the earth's atmosphere (shown in Fig. 3; Elements 2, modified to be resilient when bent and flex by Seok, are constructed as to not totally block the plurality of apertures 3 even when the upper elements are bent elastically under mechanical stress into a non-vertical position, thereby allowing plant growth through the apertures 3 by the distribution of the sun's radiation and gas exchange between the plants and the earth's atmosphere.).
Regarding Claim 7, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that the plant starting material layer is generally composed of at least one of either earth soil and a mixture of chopped natural plant fibers having a fiber length range between about 0.5 mm and about 3.0 mm and has a diameter range of between about 0.02 mm and about 0.05 mm, wherein the plant starting material includes an adhesive having about 0.5% acrylamide copolymer by weight of the natural plant fibers, and includes about 1% by weight of seeds from the layer of plant seeds.
Seok further teaches that the plant starting material layer (200) is generally composed of at least one of either earth soil and a mixture of chopped natural plant fibers having a fiber length range between about 0.5 mm and about 3.0 mm and has a diameter range of between about 0.02 mm and about 0.05 mm wherein the plant starting material includes an adhesive having about 0.5% acrylamide copolymer by weight of the chopped natural fibers and includes about 1% by weight of seeds from the layer of plant seeds (¶40 states that the plant starting material layer 200 is a mixed soil layer which means that layer 200 comprises earth soil.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yun as modified by Seok and Chidgey to have the plant starting material layer be generally composed of at least one of either earth soil and a mixture of chopped natural plant fibers having a fiber length range between about 0.5 mm and about 3.0 mm and has a diameter range of between about 0.02 mm and about 0.05 mm, wherein the plant starting material includes an adhesive having about 0.5% acrylamide copolymer by weight of the natural plant fibers, and includes about 1% by weight of seeds from the layer of plant seeds as taught by Seok with reasonable expectation of success to provide improved texture and drainage.
Regarding Claim 8, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
Yun further teaches that a general composition of the layer of plant seeds (7) includes at least one of either plant seeds, plant seedlings, plant cuttings, ground-up plant material, spores, or any other organic material capable of germinating and growing through the plurality of apertures disposed in the base attachment structure (Fig. 2 shows that the layer of plant seeds 7 has plant seeds.).
The system of Yun as modified by Seok and Chidgey teaches the claimed invention except for the fact that at least one or more of the vertical upper bases do not have any upper elements disposed thereon. It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have the upper elements be removable so that at least one or more of the vertical upper bases do not have any upper elements disposed thereon for controlled patterning of protection versus exposure to provide a more customizable assembly, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding Claim 9, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
Yun further teaches that the layer of plant seeds (7) is one of either disposed in a manner that locates at least a portion of the plant seeds a distance away from the plant starting material layer or in a manner where at least a portion of the plant seeds is in contact with a surface of the plant starting material layer (See Fig. 2; Plant seeds 7 are in contact with a surface of the plant starting material layer 5.), that the upper elements (2) and the vertical upper bases collectively define a protection zone that extends to a height greater than the shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through one or more of the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear (See Fig. 3; The upper elements 2 and the vertical upper bases collectively define a protection zone that is capable of extending to a height greater than a shoot meristem of the one or more plant(s) 6 that will grow from the layer of plant seeds 7 through one or more of the apertures 3––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position as modified by Seok––to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear.), and that each of the plurality of apertures (3) has dimensions that permit the exchange of water, oxygen, and consequent growth of plant vascular tissue without strangulation of the one or more plant(s) while simultaneously providing adequate horizontal structure to locate and reinforce any shoot-like protrusions that form a base layer for the plant meristem (See Fig. 3; Apertures 3 allow for the exchange of water, oxygen, and consequent growth of plant vascular tissue without strangulation of the growing plant while simultaneously providing adequate horizontal structure to locate and reinforce any shoot-like protrusions that form a base layer for the chosen plant meristem.).
The system of Yun as modified by Seok and Chidgey teaches the claimed invention except for the fact that a perforation density of the apertures is 50% by area, and that each of the plurality of apertures has dimensions of about 10 mm x about 17 mm. It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have a perforation density of the apertures is 50% by area, and to have each of the plurality of apertures has dimensions of about 10 mm x about 17 mm to better maintain the natural grass, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 11, Yun teaches a three-dimensional ground vegetation reinforcement structure (See Figs. 1-3 and Pg. 2; The invention is drawn to a structure that’s three dimensional and serves to protect and reinforce ground vegetation.) comprising:
A base attachment structure (1) having a plurality of apertures (3),
A plurality of vertical upper bases (See Fig. 2; Each of the upper elements 2 have a vertical upper base.), and
A plurality of upper elements (2),
A plant starting material layer (5) disposed on an upper surface of the base attachment structure or on a bottom surface of the base attachment structure (See Figs. 2-3 and Pgs. 2-3; Layer 5 comprises sand that serves as a starting material and is disposed on an upper surface of the base attachment structure 1.), and
A layer of plant seeds (7) disposed on, within, or near the plant starting material layer (See Figs. 2-3; Plant seeds 7 are disposed within a plant starting material layer 5.),
Wherein the upper elements and the vertical upper bases are configured to raise a shear plane above the upper portion of the base attachment structure to thereby help protect a crown of one or more plant(s) that will grow from the layer of plant seeds through one or more of the apertures from mechanical shear such that the one or more plant(s) can regenerate despite being subject to mechanical forces shearing the one or more plant(s) (See Fig. 3 and Pg. 2; Upper elements 2 and vertical upper bases raises a shear plane above the upper portion of the base attachment structure 1, which thereby helps protect a crown of one or more plant(s) 6 that will grow from the layer of plant seeds 7 through one or more of the apertures 3 from mechanical shear such that the one or more plant(s) 6 can regenerate despite being subject to mechanical forces shearing the one or more plant(s) 6.);
Wherein the upper elements (2) extend to a height greater than a shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures (See Fig. 3; The upper elements 2 extend to a height greater than a shoot meristem of the plants 6 that will grow from the layer of plant seeds 7 through the one or more of the apertures 3.);
Wherein the upper elements (2) are configured to have a dispersion that allows the upper elements to be disposed near each adjacent upper element such that a field of the upper elements simulates an appearance of natural vegetation and minimizes blocking of light energy to the shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures (See Figs. 2-3; Upper elements 2 have a dispersion that allows the upper elements 2 are disposed near each adjacent upper element 2 such that the field of the upper elements 2 simulates the appearance of natural vegetation and can minimize the blocking of light energy to the shoot meristem of the plants 6 will grow from the layer of plant seeds 7 through the apertures 3.); and
Wherein the apertures (3) are sized and distributed to permit germination and upward growth of plants from the layer of seeds through the base attachment structure (See Fig. 3; Apertures 3 are sized and distributed to permit the germination and upward growth of plants 6 from the seeds 7 through the base attachment structure 1.).
The system of Yun fails to explicitly state that the upper elements are bent elastically under mechanical stress.
Seok teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to an apparatus for planting a hybrid turf.), the system of Seok teaches a three-dimensional ground vegetation reinforcement structure (10; shown in Figs. 2-6d) comprising a plurality of upper elements (40) that are generally resilient when bent and flexed (¶31 states that artificial turf 40 is preferably formed of synthetic fibers or a synthetic resin material having elasticity, the property of a material that allows it to deform under the influence of an external force and then return to its original shape when the force is removed.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yun to have the plurality of upper elements be generally resilient when bent and flexed as taught by Seok with reasonable expectation of success to better maintain and repair natural grass.
The system of Yun as modified by Seok further teaches (references to Yun) that the upper elements (2) extend to a height greater than a shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Fig. 3 of Yun; The upper elements 2, which were modified by Seok to be generally resilient when bent and flexed, extend to a height greater than a shoot meristem of the plants 6 that will grow from the layer of plant seeds 7 through the one or more of the apertures 3 even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.).
The system of Yun as modified by Seok further teaches (references to Yun) that:
The apertures collectively provide a perforation and each of the apertures has dimensions so as to permit the exchange of water and oxygen and consequent growth of plant vascular tissue without strangulation while simultaneously providing horizontal structure to locate and reinforce shoot-like protrusions; and/or
The layer of plant seeds comprises pre-selected plants that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Figs. 1 and 3; Apertures 3 collectively provide a perforation and each of the apertures 3 has dimensions that are capable of permitting an exchange of water and oxygen and consequent tissue growth without strangulation while simultaneously providing horizontal structure to locate and reinforce shoot-like protrusions 6. Furthermore, Fig. 3 shows that the layer of seeds 7 comprise plants whose crowns, sheaths and shoots have heights below the shear plane as raised or defined by the upper elements 2 and the vertical upper bases even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.).
The system of Yun as modified by Seok fails to explicitly state that each of the plurality of vertical upper bases is generally washer-shaped with an upper flat surface.
Chidgey teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a three-dimensional synthetic sod.), the system of Chidgey teaches a structure (shown in Figs. 1-2) comprises a plurality of vertical upper bases (2) wherein each of the plurality of vertical upper bases (2) is generally washer-shaped with an upper flat surface (Figs. 1-2 show that the plurality of vertical upper bases is generally washer-shaped with an upper flat surface.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yun as modified by Seok to have each of the plurality of vertical upper bases be generally washer-shaped with an upper flat surface as taught by Chidgey with reasonable expectation of success to provide a structure that is simpler to manufacture and also better resembles natural plants.
Regarding Claim 12, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 11.
Chidgey further teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a three-dimensional synthetic sod.) that the plurality of upper elements (1) is disposed on the base attachment structure, the upper surface of the base attachment structure, or the upper flat surface of each of the plurality of vertical upper bases (Fig. 1 shows that the plurality of upper elements 1 is disposed on the flat surface of each of the plurality of vertical upper bases 2.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yun as modified by Seok and Chidgey to have the plurality of upper elements be disposed on the base attachment structure, the upper surface of the base attachment structure, or the upper flat surface of each of the plurality of vertical upper bases as taught by Chidgey with reasonable expectation of success to provide a structure that is simpler to manufacture and also better resembles natural plants.
Regarding Claim 16, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
The system of Yun as modified by Seok and Chidgey further teaches (references to Yun) that the upper elements (2) are configured to raise the shear plane above the upper portion of the base attachment structure before and after being bent into a non-vertical position to thereby help protect the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures from mechanical shear such that the one or more plants can regenerate despite being subject to mechanical forces shearing the one or more plants (See Fig. 3; The upper elements 2, which were modified by Seok to be generally resilient when bent and flexed, raise the shear plane above the upper portion of the base attachment structure 1 before and after being bent into a non-vertical position to thereby help protect the crown of the one or more plant(s) 6 that will grow from the layer of plant seeds 7 through the one or more of the apertures 3 from mechanical shear such that the one or more plants 6 can regenerate despite being subject to mechanical forces shearing the one or more plants.).
Regarding Claim 17, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 16.
The system of Yun as modified by Seok and Chidgey further teaches (references to Chidgey) that the vertical upper bases (2) have thicknesses that raise bases of the upper elements (1) fixed upon the corresponding upper flat surfaces of the vertical upper bases, thereby further raising the shear plane even higher above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases (Figs. 1-2 show that the vertical upper bases 2 have a thickness that raises the bases of the upper elements 1 which are fixed upon the corresponding upper flat surfaces of the vertical upper bases 2. This thereby further raises the shear plane even higher above the upper portion of the base attachment structure 3 due to the thicknesses of the vertical upper bases 2.).
Regarding Claim 18, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
The system of Yun as modified by Seok and Chidgey further teaches that the vertical upper bases have thicknesses that raise the shear plane above the upper portion of the base attachment structure to thereby help protect the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures from mechanical shear such that the one or more plant(s) can regenerate despite being subject to mechanical forces shearing the one or more plant(s) (Looking at Fig. 1 of Chidgey and Fig. 3 of Yun, the vertical upper bases 2 of Chidgey have a thickness that raises the shear plane above the upper portion of the base attachment structure 1 of Yun to thereby help protect the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures 3 from mechanical shear such that the one or more plants can regenerate despite being subject to mechanical forces shearing the one or more plants one or more plants.).
Regarding Claim 19, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 11.
The system of Yun as modified by Seok and Chidgey further teaches (references to Yun) that the upper elements (2) are configured to raise the shear plane above the upper portion of the base attachment structure before and after being bent elastically under mechanical stress into a non-vertical position to thereby help protect the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures from mechanical shear such that the one or more plants can regenerate despite being subject to mechanical forces shearing the one or more plants (See Fig. 3; The upper elements 2, which were modified by Seok to be generally resilient when bent and flexed, raise the shear plane above the upper portion of the base attachment structure 1 before and after being bent elastically under mechanical stress into a non-vertical position to thereby help protect the crown of the one or more plant(s) 6 that will grow from the layer of plant seeds 7 through the one or more of the apertures 3 from mechanical shear such that the one or more plants 6 can regenerate despite being subject to mechanical forces shearing the one or more plants.).
Regarding Claim 21, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 11.
The system of Yun as modified by Seok and Chidgey further teaches that the vertical upper bases have thicknesses that raise the shear plane above the upper portion of the base attachment structure to thereby help protect more of the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures from mechanical shear such that the one or more plant(s) can regenerate despite being subject to mechanical forces shearing the one or more plant(s) (Looking at Fig. 1 of Chidgey and Fig. 3 of Yun, the vertical upper bases 2 of Chidgey have a thickness that raises the shear plane above the upper portion of the base attachment structure 1 of Yun to thereby help protect more of the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures 3 from mechanical shear such that the one or more plants can regenerate despite being subject to mechanical forces shearing the one or more plants one or more plants.).
The system of Yun as modified by Seok and Chidgey teaches the claimed invention except for the fact that at least one or more of the vertical upper bases do not have any upper elements disposed thereon. It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have the upper elements be removable so that at least one or more of the vertical upper bases do not have any upper elements disposed thereon for controlled patterning of protection versus exposure to provide a more customizable assembly, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Yun further teaches that the upper elements (2) and the vertical upper bases collectively define a protection zone that extends to a height greater than the shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through one or more of the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear (See Fig. 3; The upper elements 2 and the vertical upper bases collectively define a protection zone that is capable of extending to a height greater than a shoot meristem of the one or more plant(s) 6 that will grow from the layer of plant seeds 7 through one or more of the apertures 3––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position as modified by Seok––to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear.), and that each of the plurality of apertures (3) has dimensions that permit the exchange of water, oxygen, and consequent growth of plant vascular tissue without strangulation of the one or more plant(s) while simultaneously providing adequate horizontal structure to locate and reinforce any shoot-like protrusions that form a base layer for the chosen plant meristem (See Fig. 3; Apertures 3 allow for the exchange of water, oxygen, and consequent growth of plant vascular tissue without strangulation of the growing plant while simultaneously providing adequate horizontal structure to locate and reinforce any shoot-like protrusions that form a base layer for the chosen plant meristem.).
The system of Yun as modified by Seok and Chidgey teaches the claimed invention except for the fact that a perforation density of the apertures is 50% by area, and that each of the plurality of apertures has dimensions of about 10 mm x about 17 mm. It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have a perforation density of the apertures is 50% by area, and to have each of the plurality of apertures has dimensions of about 10 mm x about 17 mm to better maintain the natural grass, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 22, Yun teaches a hybrid turf structure (A; shown in Fig. 3) configured for protecting plant growth (See Pg. 2; Structure A serves to protect the stem and root of grass.), the hybrid turf structure comprising:
A base attachment structure (1) having an upper portion (shown in Fig. 1; Base attachment structure 1 has an upper portion.),
A plurality of apertures (3),
A plurality of upper elements (2), and
A plurality of vertical upper bases (See Fig. 2; Each of the upper elements 2 have a vertical upper base.); and
Wherein the apertures (3) are sized and distributed to permit germination and upward growth of the one or more plant(s) from the layer of seeds through the base attachment structure (See Fig. 3; Apertures 3 are sized and distributed to permit the germination and upward growth of plants 6 from the seeds 7 through the base attachment structure 1.).
However, the system of Yun fails to explicitly state that the plurality of upper elements that are generally resilient when bent and flexed.
Seok teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to an apparatus for planting a hybrid turf.), the system of Seok teaches a three-dimensional ground vegetation reinforcement structure (10; shown in Figs. 2-6d) comprising a plurality of upper elements (40) that are generally resilient when bent and flexed (¶31 states that artificial turf 40 is preferably formed of synthetic fibers or a synthetic resin material having elasticity, the property of a material that allows it to deform under the influence of an external force and then return to its original shape when the force is removed.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yun to have the plurality of upper elements be generally resilient when bent and flexed as taught by Seok with reasonable expectation of success to better maintain and repair natural grass.
The system of Yun as modified by Seok further teaches (references to Yun) that the plurality of upper elements (2) is designed to provide an approximate look and feel of natural vegetation (shown in Fig. 3; Elements 2, modified to be resilient when bent and flex by Seok, provide an approximate look and feel of natural vegetation.) and is constructed as to not totally block the plurality of apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position, thereby allowing plant growth of one or more plant(s) through the apertures by a distribution of the sun's radiation and gas exchange between the one or more plant(s) and the earth's atmosphere (shown in Fig. 3; Elements 2, modified to be resilient when bent and flex by Seok, are constructed as to not totally block the plurality of apertures 3 even when the upper elements are bent elastically under mechanical stress into a non-vertical position, thereby allowing plant growth through the apertures 3 by the distribution of the sun's radiation and gas exchange between the plants and the earth's atmosphere.).
The system of Yun as modified by Seok further teaches (references to Yun) that the upper elements (2) are configured to raise a shear plane above the upper portion of the base attachment structure before and after being bent elastically under mechanical stress into a non-vertical position to thereby help protect the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures from mechanical shear such that the one or more plant(s) can regenerate despite being subject to mechanical forces shearing the one or more plant(s) (See Fig. 3; The upper elements 2, which were modified by Seok to be generally resilient when bent and flexed, raise the shear plane above the upper portion of the base attachment structure 1 before and after being bent elastically under mechanical stress into a non-vertical position to thereby help protect the crown of the one or more plant(s) 6 that will grow from the layer of plant seeds 7 through the one or more of the apertures 3 from mechanical shear such that the one or more plants 6 can regenerate despite being subject to mechanical forces shearing the one or more plants.).
The system of Yun as modified by Seok further teaches (references to Yun) that the upper elements (2) extend to a height greater than a shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Fig. 3 of Yun; The upper elements 2, which were modified by Seok to be generally resilient when bent and flexed, extend to a height greater than a shoot meristem of the plants 6 that will grow from the layer of plant seeds 7 through the one or more of the apertures 3 even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.).
The system of Yun as modified by Seok further teaches (references to Yun) that:
The apertures collectively provide a perforation and each of the apertures has dimensions so as to permit the exchange of water and oxygen and consequent growth of plant vascular tissue without strangulation while simultaneously providing horizontal structure to locate and reinforce shoot-like protrusions; and/or
The layer of plant seeds comprises pre-selected plants that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Figs. 1 and 3; Apertures 3 collectively provide a perforation and each of the apertures 3 has dimensions that are capable of permitting an exchange of water and oxygen and consequent tissue growth without strangulation while simultaneously providing horizontal structure to locate and reinforce shoot-like protrusions 6. Furthermore, Fig. 3 shows that the layer of seeds 7 comprise plants whose crowns, sheaths and shoots have heights below the shear plane as raised or defined by the upper elements 2 and the vertical upper bases even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.).
The system of Yun as modified by Seok fails to explicitly state that the plurality of vertical upper bases is disposed on the upper portion of the base attachment structure.
Chidgey teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a three-dimensional synthetic sod.), the system of Chidgey teaches a structure (shown in Figs. 1-2) comprises a plurality of vertical upper bases (2) wherein the plurality of vertical upper bases (2) is disposed on the upper portion of a base attachment structure (Figs. 1-2 show that the vertical upper bases 2 are disposed on the upper portion of a base attachment structure 3.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yun as modified by Seok to have the plurality of vertical upper bases be disposed on the upper portion of the base attachment structure as taught by Chidgey with reasonable expectation of success to provide a structure that is simpler to manufacture and also better resembles natural plants.
Claims 2, 6, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR 100219383 B1) as modified by Seok et al. (KR 101951146 B1) and Chidgey et al. (US 3576698 A) as applied to claims 1 and 11 above, and further in view of Lee et al. (KR 20100113771 A).
Regarding Claim 2, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that the three-dimensional ground vegetation reinforcement structure further comprises a protective base.
Lee teaches in the same field of endeavor as applicant’s invention (Fig. 1 shows that a protection mat 10 is provided so that the growth point of grass G is not destroyed even when a pedestrian or a vehicle steps on it [stated in Pg. 2].), the system of Lee teaches a three-dimensional ground vegetation reinforcement structure (shown in Figs. 2-3) comprising a protective base (300; Figs. 2-3 show that protective base 300 is disposed near the bottom of base attachment structure 200.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Seok as modified by Chidgey to include a protective base as taught by Lee with reasonable expectation of success to prevent damage to the natural grass layer and prevent soil from leaking (Lee, Pg. 4).
The system of Yun as modified by Seok, Chidgey, and Lee further teaches that the protective base operatively connected to the upper elements such that the protective base, the upper elements, and the vertical upper bases collectively define a protection zone that extends to a height greater than a shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through one or more of the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear (Looking at Fig. 3 of Lee and Fig. 3 of Yun, the protective base 300 would be disposed near the bottom of base attachment structure 1 and therefore be operatively connected to the upper elements 2 such that protective base 300, the upper elements 2, and the vertical upper bases collectively define a protection zone that would be capable of extending to a height greater than a shoot meristem of the one or more plant(s) 6 that will grow from the layer of plant seeds 7 through one or more of the apertures 3 to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position, as modified by Seok.).
Regarding Claim 6, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that the structure further comprises a protective base disposed near a bottom of the base attachment structure, and the plant starting material layer is sputtered upon the protective base, sprayed as a slurry on the protective base, or generally distributed upon the protective base.
Lee teaches in the same field of endeavor as applicant’s invention (Fig. 1 shows that a protection mat 10 is provided so that the growth point of grass G is not destroyed even when a pedestrian or a vehicle steps on it [stated in Pg. 2].), the system of Lee teaches a three-dimensional ground vegetation reinforcement structure (shown in Figs. 2-3) comprising a protective base (300) disposed near a bottom of a base attachment structure (200; Figs. 2-3 show that protective base 300 is disposed near the bottom of base attachment structure 200.) and wherein a plant starting material layer (soil S) is sputtered upon a protective base, sprayed as a slurry on the protective base, or generally distributed upon the protective base (Figs. 2-3 show that the plant starting material layer S is generally distributed unto protective base 300 via openings 260 of corrector 200.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok and Chidgey to have the structure further comprise a protective base disposed near a bottom of the base attachment structure, and to have the plant starting material layer be sputtered upon the protective base, sprayed as a slurry on the protective base, or generally distributed upon the protective base as taught by Lee with reasonable expectation of success to prevent damage to the natural grass layer and prevent soil from leaking (Lee, Pg. 4).
Regarding Claim 15, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 11.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that the three-dimensional ground vegetation reinforcement structure further comprises a protective base.
Lee teaches in the same field of endeavor as applicant’s invention (Fig. 1 shows that a protection mat 10 is provided so that the growth point of grass G is not destroyed even when a pedestrian or a vehicle steps on it [stated in Pg. 2].), the system of Lee teaches a three-dimensional ground vegetation reinforcement structure (shown in Figs. 2-3) comprising a protective base (300; Figs. 2-3 show that protective base 300 is disposed near the bottom of base attachment structure 200.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Seok as modified by Chidgey to include a protective base as taught by Lee with reasonable expectation of success to prevent damage to the natural grass layer and prevent soil from leaking (Lee, Pg. 4).
The system of Yun as modified by Seok, Chidgey, and Lee further teaches that the protective base operatively connected to the upper elements such that the protective base, the upper elements, and the vertical upper bases collectively define a protection zone that extends to a height greater than the shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through one or more of the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position, to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear (Looking at Fig. 3 of Lee and Fig. 3 of Yun, the protective base 300 would be disposed near the bottom of base attachment structure 1 and therefore be operatively connected to the upper elements 2 such that protective base 300, the upper elements 2, and the vertical upper bases collectively define a protection zone that would be capable of extending to a height greater than a shoot meristem of the one or more plant(s) 6 that will grow from the layer of plant seeds 7 through one or more of the apertures 3 to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position, as modified by Seok.).
Claims 3, 5, 23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR 100219383 B1) as modified by Seok et al. (KR 101951146 B1) and Chidgey et al. (US 3576698 A) as applied to claims 1 and 22 above, and further in view of Morton-Finger (US 20080260975 A1).
Regarding Claim 3, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that each of the plurality of upper elements is independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position and that each of the plurality of upper elements has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements.
Morton-Finger teaches an artificial turf (shown in Fig. 1) comprising a plurality of upper elements (1) wherein each of the plurality of upper elements is independently resilient and biased to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position (¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the blades 1 still always return to their original upright position [shown in Fig. 1].) and wherein each of the plurality of upper elements (1) has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements (¶22 states that upper elements 1 comprises polyethylene, an elastic material. Since ¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the upper elements 1 have an elastic bending limit such that normal foot traffic will not unacceptably and permanently plastically deform the plurality of upper elements 1.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok and Chidgey to have each of the plurality of upper elements be independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and to have each of the plurality of upper elements have an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements as taught by Morton-Finger with reasonable expectation of success to provide a durable, resilient upper elements that can sustain stress from human impact over the long term (Morton-Finger, ¶5).
Regarding Claim 5, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
Yun further teaches that each of the plurality of upper elements (2) has a monomeric cross-section that is symmetric about one axis such as to simulate a turf grass leaf (shown in Figs. 1-3; Upper elements 2 have circular cross-sections that are symmetrical about a horizontal axis and are capable of simulating turf grass leaves.).
The system of Yun as modified by Seok and Chidgey teaches the claimed invention except for the fact that each of the plurality of upper elements is about 20 mm in height, about 2 mm wide, and about 1 mm thick near a lower portion of each of the upper elements such that each of the upper elements has a taper between about 1.5 mm and about 0.5 mm thick at an upper portion of the upper elements. It would have been an obvious matter to one of ordinary skill in the art before the claimed invention was filed to make the different portions of each of the plurality of upper elements of whatever relative sizes were desired, since such a modification would have involved a mere change in the proportions of components. A change in proportion is generally recognized as being within the level of ordinary skill in the art. In re Reese, 129 USPQ 402.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that each of the plurality of upper elements is made from a Low Density Polyethylene (LDPE) material.
Morton-Finger teaches an artificial turf (shown in Fig. 1) comprising a plurality of upper elements (1) made from a Low Density Polyethylene (LDPE) material (¶22 states that blades 1 is composed of polyethylene, preferably linear low-density polyethylene [LLDPE].). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok and Chidgey to have each of the plurality of upper elements is made from a Low Density Polyethylene (LDPE) material as taught by Morton-Finger with reasonable expectation of success to provide a durable, resilient upper elements that can sustain stress from human impact over the long term (Morton-Finger, ¶5).
Regarding Claim 23, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 22.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that each of the plurality of upper elements is independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position and that each of the plurality of upper elements has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements.
Morton-Finger teaches an artificial turf (shown in Fig. 1) comprising a plurality of upper elements (1) wherein each of the plurality of upper elements is independently resilient and biased to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position (¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the blades 1 still always return to their original upright position [shown in Fig. 1].) and wherein each of the plurality of upper elements (1) has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements (¶22 states that upper elements 1 comprises polyethylene, an elastic material. Since ¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the upper elements 1 have an elastic bending limit such that normal foot traffic will not unacceptably and permanently plastically deform the plurality of upper elements 1.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok and Chidgey to have each of the plurality of upper elements be independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and to have each of the plurality of upper elements have an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements as taught by Morton-Finger with reasonable expectation of success to provide a durable, resilient upper elements that can sustain stress from human impact over the long term (Morton-Finger, ¶5).
Regarding Claim 25, the system of Yun as modified by Seok, Chidgey, and Morton-Finger, as shown above, teaches the limitation of Claim 23.
The system of Yun as modified by Seok, Chidgey, and Morton-Finger further teaches that the vertical upper bases have thicknesses that raise the shear plane above the upper portion of the base attachment structure to thereby help protect more of the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures from mechanical shear such that the one or more plant(s) can regenerate despite being subject to mechanical forces shearing the one or more plant(s) (Looking at Fig. 1 of Chidgey and Fig. 3 of Yun, the vertical upper bases 2 of Chidgey have a thickness that raises the shear plane above the upper portion of the base attachment structure 1 of Yun to thereby help protect more of the crown of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures 3 from mechanical shear such that the one or more plants can regenerate despite being subject to mechanical forces shearing the one or more plants one or more plants.).
Claims 10 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR 100219383 B1) as modified by Seok et al. (KR 101951146 B1) and Chidgey et al. (US 3576698 A) as applied to claims 1 and 11 above, and further in view of Pothen et al. (US 11134621 B1).
Regarding Claim 10, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
Yun further teaches that the layer of plant seeds (7) includes seeds from pre-selected plants that include at least one of either a vascular plant, a non-vascular plant, a broadleaf plant, a clover plant, a turf grass, a fern, a moss, or a succulent plant and that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases (See Fig. 3 and Pg. 2; Plant seeds 7 are grass seeds, a vascular plant, that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements 2 and their vertical upper bases.), and wherein the upper elements (2) and the vertical upper bases are configured to raise the shear plane to a height greater than the crowns, sheaths, and shoot meristems of the plants grown from the pre-selected seeds through the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position thereby protecting the crowns, sheaths, and shoot meristems of the plants from mechanical shear such that the plants grown from the seeds can regenerate despite being subject to mechanical forces shearing the plants grown from the seeds (See Fig. 3; Upper elements 2 and vertical upper bases raise the shear plane to a height greater than the crowns, sheaths, and shoot meristems of the plants 6 grown from the seeds 7 through the apertures 3––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position as modified by Seok––thereby protecting the crowns, sheaths, and shoot meristems of the plants 6 from mechanical shear such that the plants 6 grown from the seeds 7 can regenerate despite being subject to mechanical forces shearing the plants 6 grown from the seeds 7.).
The system of Yun as modified by Seok and Chidgey teaches the claimed invention except for the fact that the layer of plant seeds is pre-seeded with the seeds for the pre-selected plants. Pothen teaches a structure (10) that is pre-seeded with plant seeds (Column 5 Lines 65 and Column 6 Lines 1-5 state that netting 10 is pre-seeded with grass seeds.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have the structure of the system of Yun as modified by Seok and Chidgey be pre-seeded with plant seeds for better ease of use for the user, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Yun as modified by Seok, Chidgey, and Pothen further teaches the pre-selection of plant species for the seeds based on anatomical compatibility of the pre-selected plants with the shear plane such that the shear plane is positioned above vulnerable plant tissues including the crowns, sheaths, and shoot meristems of the pre-selected plants whereby the three-dimensional ground vegetation reinforcement structure provides targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues (Fig. 3 of Yun shows that the shear plane is positioned above the crowns, sheaths, and shoot meristems of the plants 6. Therefore, the structure is capable of providing targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues. Due to the modification by Pothen, the seeds would be pre-selected based on anatomical compatibility of the pre-selected plants with the shear plane.).
Regarding Claim 13, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 11.
Yun further teaches that the plant starting material layer (5) disposed below the base attachment structure or above the base attachment structure, (See Figs. 2-3 and Pgs. 2-3; Layer 5 is disposed on an above the base attachment structure 1.), and that the layer of plant seeds (7) includes seeds from pre-selected plants that include at least one of either a vascular plant, a non-vascular plant, a broadleaf plant, a clover plant, a turf grass, a fern, a moss, or a succulent plant and that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Fig. 3 and Pg. 2; Plant seeds 7 are grass seeds, a vascular plant, that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements 2 and their vertical upper bases––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position, as modified by Seok.), whereby the crowns, sheaths, and shoot meristems of the pre-selected plants grown from the seeds through the apertures are protected from mechanical shear such that the pre-selected plants grown from the plant seeds can regenerate despite being subject to mechanical forces shearing the pre-selected plants grown from the plant seeds (See Fig. 3; Upper elements 2 raise the shear plane to a height greater than the crowns, sheaths, and shoot meristems of the plants 6 grown from the seeds 7 through the apertures 3 thereby protecting the crowns, sheaths, and shoot meristems of the plants 6 from mechanical shear such that the plants 6 grown from the seeds 7 can regenerate despite being subject to mechanical forces shearing the plants 6 grown from the seeds 7.).
The system of Yun as modified by Seok and Chidgey teaches the claimed invention except for the fact that the layer of plant seeds is pre-seeded with the seeds for the pre-selected plants. Pothen teaches a structure (10) that is pre-seeded with plant seeds (Column 5 Lines 65 and Column 6 Lines 1-5 state that netting 10 is pre-seeded with grass seeds.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have the structure of the system of Yun as modified by Seok and Chidgey be pre-seeded with plant seeds for better ease of use for the user, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Yun as modified by Seok, Chidgey, and Pothen further teaches the pre-selection of plant species for the seeds based on anatomical compatibility of the pre-selected plants with the shear plane such that the shear plane is positioned above vulnerable plant tissues including the crowns, sheaths, and shoot meristems of the pre-selected plants whereby the three-dimensional ground vegetation reinforcement structure provides targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues (Fig. 3 of Yun shows that the shear plane is positioned above the crowns, sheaths, and shoot meristems of the plants 6. Therefore, the structure is capable of providing targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues. Due to the modification by Pothen, the seeds would be pre-selected based on anatomical compatibility of the pre-selected plants with the shear plane.).
Regarding Claim 14, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 11.
Yun further teaches that the layer of plant seeds (7) is disposed below the plant starting layer, above the plant starting layer, or within the plant starting layer (See Fig. 2; Plant seeds 7 are disposed with the plant starting layer 5.) and that the layer of plant seeds (7) includes seeds from pre-selected plants that include at least one of either a vascular plant, a non-vascular plant, a broadleaf plant, a clover plant, a turf grass, a fern, a moss, or a succulent plant and that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Fig. 3 and Pg. 2; Plant seeds 7 are grass seeds, a vascular plant, that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements 2 and their vertical upper bases––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position, as modified by Seok.), whereby the crowns, sheaths, and shoot meristems of the pre-selected plants grown from the seeds through the apertures are protected from mechanical shear such that the pre-selected plants grown from the plant seeds can regenerate despite being subject to mechanical forces shearing the pre-selected plants grown from the plant seeds (See Fig. 3; Upper elements 2 raise the shear plane to a height greater than the crowns, sheaths, and shoot meristems of the plants 6 grown from the seeds 7 through the apertures 3 thereby protecting the crowns, sheaths, and shoot meristems of the plants 6 from mechanical shear such that the plants 6 grown from the seeds 7 can regenerate despite being subject to mechanical forces shearing the plants 6 grown from the seeds 7.).
The system of Yun as modified by Seok and Chidgey teaches the claimed invention except for the fact that the layer of plant seeds is pre-seeded with the seeds for the pre-selected plants. Pothen teaches a structure (10) that is pre-seeded with plant seeds (Column 5 Lines 65 and Column 6 Lines 1-5 state that netting 10 is pre-seeded with grass seeds.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have the structure of the system of Yun as modified by Seok and Chidgey be pre-seeded with plant seeds for better ease of use for the user, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Yun as modified by Seok, Chidgey, and Pothen further teaches the pre-selection of plant species for the seeds based on anatomical compatibility of the pre-selected plants with the shear plane such that the shear plane is positioned above vulnerable plant tissues including the crowns, sheaths, and shoot meristems of the pre-selected plants whereby the three-dimensional ground vegetation reinforcement structure provides targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues (Fig. 3 of Yun shows that the shear plane is positioned above the crowns, sheaths, and shoot meristems of the plants 6. Therefore, the structure is capable of providing targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues. Due to the modification by Pothen, the seeds would be pre-selected based on anatomical compatibility of the pre-selected plants with the shear plane.).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR 100219383 B1) as modified by Seok et al. (KR 101951146 B1) and Chidgey et al. (US 3576698 A) as applied to claim 19 above, and further in view of Malakoff (US 3390044 A).
Regarding Claim 20, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 19.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that the upper elements include bases disposed upon the corresponding upper flat surfaces of the vertical upper bases; and that the vertical upper bases have thicknesses that raise the bases of the upper elements that are disposed upon the corresponding upper flat surfaces of the vertical upper bases, thereby further raising the shear plane even higher above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases.
Malakoff teaches an artificial grass mat (10) comprises upper elements (16) that includes bases disposed upon the corresponding upper flat surfaces of the vertical upper bases (18; Figs. 2-3 show that upper elements 16 include bases disposed upon the corresponding upper flat surfaces of the vertical upper bases 18.); and that the vertical upper bases (18) have thicknesses that raise the bases of the upper elements that are disposed upon the corresponding upper flat surfaces of the vertical upper bases, thereby further raising the shear plane even higher above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases (Figs. 2-3 show that the vertical upper bases 18 have thicknesses that raise the bases of the upper elements 16 that are disposed upon the corresponding upper flat surfaces of the vertical upper bases 18, thereby further raising the shear plane even higher above the upper portion of the base attachment structure 12 due to the thicknesses of the vertical upper bases 18.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok and Chidgey to have the upper elements include bases disposed upon the corresponding upper flat surfaces of the vertical upper bases and to have the vertical upper bases have thicknesses that raise the bases of the upper elements that are disposed upon the corresponding upper flat surfaces of the vertical upper bases, thereby further raising the shear plane even higher above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases as taught by Malakoff with reasonable expectation of success to allow the upper elements to sustain stress from human impact over the long term.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR 100219383 B1) as modified by Seok et al. (KR 101951146 B1), Chidgey et al. (US 3576698 A), and Morton-Finger (US 20080260975 A1) as applied to claim 23 above, and further in view of Malakoff (US 3390044 A).
Regarding Claim 24, the system of Yun as modified by Seok, Chidgey, and Morton-Finger, as shown above, teaches the limitation of Claim 23.
However, the system of Yun as modified by Seok, Chidgey, and Morton-Finger fails to explicitly state that the upper elements include bases disposed upon the corresponding upper flat surfaces of the vertical upper bases; and that the vertical upper bases have thicknesses that raise the bases of the upper elements that are disposed upon the corresponding upper flat surfaces of the vertical upper bases, thereby further raising the shear plane even higher above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases.
Malakoff teaches an artificial grass mat (10) comprises upper elements (16) that includes bases disposed upon the corresponding upper flat surfaces of the vertical upper bases (18; Figs. 2-3 show that upper elements 16 include bases disposed upon the corresponding upper flat surfaces of the vertical upper bases 18.); and that the vertical upper bases (18) have thicknesses that raise the bases of the upper elements that are disposed upon the corresponding upper flat surfaces of the vertical upper bases, thereby further raising the shear plane even higher above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases (Figs. 2-3 show that the vertical upper bases 18 have thicknesses that raise the bases of the upper elements 16 that are disposed upon the corresponding upper flat surfaces of the vertical upper bases 18, thereby further raising the shear plane even higher above the upper portion of the base attachment structure 12 due to the thicknesses of the vertical upper bases 18.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok, Chidgey, and Morton-Finger to have the upper elements include bases disposed upon the corresponding upper flat surfaces of the vertical upper bases and to have the vertical upper bases have thicknesses that raise the bases of the upper elements that are disposed upon the corresponding upper flat surfaces of the vertical upper bases, thereby further raising the shear plane even higher above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases as taught by Malakoff with reasonable expectation of success to allow the upper elements to sustain stress from human impact over the long term.
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR 100219383 B1) as modified by Seok et al. (KR 101951146 B1), Chidgey et al. (US 3576698 A), and Morton-Finger (US 20080260975 A1) as applied to claim 23 above, and further in view of Pothen et al. (US 11134621 B1).
Regarding Claim 26, the system of Yun as modified by Seok, Chidgey, and Morton-Finger, as shown above, teaches the limitation of Claim 23.
Yun further teaches that the hybrid turf structure includes seeds (7) from pre-selected plants that include that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements even when the upper elements are bent elastically under mechanical stress into a non-vertical position (See Fig. 3 and Pg. 2; Plant seeds 7 are grass seeds, a vascular plant, that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements 2 and their vertical upper bases––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position, as modified by Seok.), whereby the crowns, sheaths, and shoot meristems of the pre-selected plants grown from the seeds through the apertures are protected from mechanical shear such that the pre-selected plants grown from the plant seeds can regenerate despite being subject to mechanical forces shearing the pre-selected plants grown from the plant seeds (See Fig. 3; Upper elements 2 raise the shear plane to a height greater than the crowns, sheaths, and shoot meristems of the plants 6 grown from the seeds 7 through the apertures 3 thereby protecting the crowns, sheaths, and shoot meristems of the plants 6 from mechanical shear such that the plants 6 grown from the seeds 7 can regenerate despite being subject to mechanical forces shearing the plants 6 grown from the seeds 7.).
The system of Yun as modified by Seok, Chidgey, and Morton-Finger teaches the claimed invention except for the fact that the hybrid turf structure is pre-seeded with plant seeds. Pothen teaches a turf structure (10; Column 10 Lines 50-55 states that netting 10 is an alternative to plastic turf netting.) that is pre-seeded with plant seeds (Column 5 Lines 65 and Column 6 Lines 1-5 state that netting 10 is pre-seeded with grass seeds.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have the hybrid turf structure of the system of Yun as modified by Seok, Chidgey, and Morton-Finger be pre-seeded with plant seeds for better ease of use for the user, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Yun as modified by Seok, Chidgey, Morton-Finger, and Pothen further teaches the pre-selection of plant species for the seeds based on anatomical compatibility of the pre-selected plants with the shear plane such that the shear plane is positioned above vulnerable plant tissues including the crowns, sheaths, and shoot meristems of the pre-selected plants whereby the three-dimensional ground vegetation reinforcement structure provides targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues (Fig. 3 of Yun shows that the shear plane is positioned above the crowns, sheaths, and shoot meristems of the plants 6. Therefore, the structure is capable of providing targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues. Due to the modification by Pothen, the seeds would be pre-selected based on anatomical compatibility of the pre-selected plants with the shear plane.).
Regarding Claim 27, the system of Yun as modified by Seok, Chidgey, Morton-Finger, and Pothen, as shown above, teaches the limitation of Claim 26.
Yun further teaches that the hybrid turf structure further comprises a plant starting material layer (5) disposed on an upper surface of the base attachment structure or on a bottom surface of the base attachment structure (See Figs. 2-3 and Pgs. 2-3; Layer 5 comprises sand that serves as a starting material and is disposed on an upper surface of the base attachment structure 1.), and wherein the plant seeds (7) are disposed on, within, or near the plant starting material layer (See Figs. 2-3; Plant seeds 7 are disposed within a plant starting material layer 5.).
The system of Yun as modified by Seok, Chidgey, Morton-Finger, and Pothen teaches the claimed invention except for the fact that at least one or more of the vertical upper bases do not have any upper elements disposed thereon. It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have the upper elements be removable so that at least one or more of the vertical upper bases do not have any upper elements disposed thereon to provide a more customizable assembly, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Yun further teaches that the upper elements (2) and the vertical upper bases collectively define a protection zone that extends to a height greater than the shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through one or more of the apertures even when the upper elements are bent elastically under mechanical stress into a non-vertical position to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear (See Fig. 3; The upper elements 2 and the vertical upper bases collectively define a protection zone that is capable of extending to a height greater than a shoot meristem of the one or more plant(s) 6 that will grow from the layer of plant seeds 7 through one or more of the apertures 3 ––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position, as modified by Seok––to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear.), and that each of the plurality of apertures (3) has dimensions that permit the exchange of water, oxygen, and consequent growth of plant vascular tissue without strangulation of the one or more plant(s) while simultaneously providing adequate horizontal structure to locate and reinforce any shoot-like protrusions that form a base layer for the plant meristem (See Fig. 3; Apertures 3 allow for the exchange of water, oxygen, and consequent growth of plant vascular tissue without strangulation of the growing plants while simultaneously providing adequate horizontal structure to locate and reinforce any shoot-like protrusions that form a base layer for the plant meristem.).
The system of Yun as modified by Seok, Chidgey, Morton-Finger, and Pothen teaches the claimed invention except for the fact that a perforation density of the apertures is 50% by area, and that each of the plurality of apertures has dimensions of about 10 mm x about 17 mm. It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have a perforation density of the apertures is 50% by area, and to have each of the plurality of apertures has dimensions of about 10 mm x about 17 mm to better maintain the natural grass, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Yun (KR 100219383 B1) as modified by Seok et al. (KR 101951146 B1) and Chidgey et al. (US 3576698 A) as applied to claims 1, 11, and 22 above, and further in view of Morton-Finger (US 20080260975 A1) and Pothen et al. (US 11134621 B1).
Regarding Claim 28, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 22.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that each of the plurality of upper elements is independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position and that each of the plurality of upper elements has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements.
Morton-Finger teaches an artificial turf (shown in Fig. 1) comprising a plurality of upper elements (1) wherein each of the plurality of upper elements is independently resilient and biased to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position (¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the blades 1 still always return to their original upright position [shown in Fig. 1].) and wherein each of the plurality of upper elements (1) has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements (¶22 states that upper elements 1 comprises polyethylene, an elastic material. Since ¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the upper elements 1 have an elastic bending limit such that normal foot traffic will not unacceptably and permanently plastically deform the plurality of upper elements 1.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok and Chidgey to have each of the plurality of upper elements be independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and to have each of the plurality of upper elements have an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements as taught by Morton-Finger with reasonable expectation of success to provide a durable, resilient upper elements that can sustain stress from human impact over the long term (Morton-Finger, ¶5).
The system of Yun as modified by Seok, Chidgey, and Morton-Finger further teaches (references to Chidgey) that the vertical upper bases (2) have thicknesses that raise the shear plane above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases (Looking at Fig. 1 of Chidgey and Fig. 3 of Yun, the vertical upper bases 2 of Chidgey have a thickness that raises the shear plane above the upper portion of the base attachment structure 1 of Yun due to the thickness of the vertical upper bases 2 of Chidgey.).
Yun further teaches that the hybrid turf structure includes seeds (7) from pre-selected plants that include that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear (See Fig. 3 and Pg. 2; Plant seeds 7 are grass seeds, a vascular plant, that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements 2 and the upper bases––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position as modified by Seok.), and whereby the crowns, sheaths, and shoot meristems of the pre-selected plants grown from the seeds through the apertures are protected from mechanical shear such that the pre-selected plants grown from the plant seeds can regenerate despite being subject to mechanical forces shearing the pre-selected plants grown from the plant seeds (See Fig. 3; Upper elements 2 raise the shear plane to a height greater than the crowns, sheaths, and shoot meristems of the plants 6 grown from the seeds 7 through the apertures 3 thereby protecting the crowns, sheaths, and shoot meristems of the plants 6 from mechanical shear such that the plants 6 grown from the seeds 7 can regenerate despite being subject to mechanical forces shearing the plants 6 grown from the seeds 7.).
The system of Yun as modified by Seok, Chidgey, and Morton-Finger teaches the claimed invention except for the fact that the hybrid turf structure is pre-seeded with plant seeds. Pothen teaches a turf structure (10; Column 10 Lines 50-55 states that netting 10 is an alternative to plastic turf netting.) that is pre-seeded with plant seeds (Column 5 Lines 65 and Column 6 Lines 1-5 state that netting 10 is pre-seeded with grass seeds.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have the hybrid turf structure of the system of Yun as modified by Seok, Chidgey, and Morton-Finger be pre-seeded with plant seeds for better ease of use for the user, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Yun as modified by Seok, Chidgey, Morton-Finger, and Pothen further teaches the pre-selection of plant species for the seeds based on anatomical compatibility of the pre-selected plants with the shear plane such that the shear plane is positioned above vulnerable plant tissues including the crowns, sheaths, and shoot meristems of the pre-selected plants whereby the three-dimensional ground vegetation reinforcement structure provides targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues (Fig. 3 of Yun shows that the shear plane is positioned above the crowns, sheaths, and shoot meristems of the plants 6. Therefore, the structure is capable of providing targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues. Due to the modification by Pothen, the seeds would be pre-selected based on anatomical compatibility of the pre-selected plants with the shear plane.).
Regarding Claim 29, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 1.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that each of the plurality of upper elements is independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position and that each of the plurality of upper elements has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements.
Morton-Finger teaches an artificial turf (shown in Fig. 1) comprising a plurality of upper elements (1) wherein each of the plurality of upper elements is independently resilient and biased to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position (¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the blades 1 still always return to their original upright position [shown in Fig. 1].) and wherein each of the plurality of upper elements (1) has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements (¶22 states that upper elements 1 comprises polyethylene, an elastic material. Since ¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the upper elements 1 have an elastic bending limit such that normal foot traffic will not unacceptably and permanently plastically deform the plurality of upper elements 1.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok and Chidgey to have each of the plurality of upper elements be independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and to have each of the plurality of upper elements have an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements as taught by Morton-Finger with reasonable expectation of success to provide a durable, resilient upper elements that can sustain stress from human impact over the long term (Morton-Finger, ¶5).
The system of Yun as modified by Seok, Chidgey, and Morton-Finger further teaches (references to Chidgey) that the vertical upper bases (2) have thicknesses that raise bases of the upper elements (1) fixed upon the corresponding upper flat surfaces of the vertical upper bases, thereby further raising the shear plane even higher above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases (Figs. 1-2 show that the vertical upper bases 2 have a thickness that raises the bases of the upper elements 1 which are fixed upon the corresponding upper flat surfaces of the vertical upper bases 2. This thereby further raises the shear plane even higher above the upper portion of the base attachment structure 3 due to the thicknesses of the vertical upper bases 2.).
Yun further teaches that the layer of seeds (7) is seeded with seeds from pre-selected plants that include that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear (See Fig. 3 and Pg. 2; Plant seeds 7 are grass seeds, a vascular plant, that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements 2 and the upper bases––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position as modified by Seok.), and whereby the crowns, sheaths, and shoot meristems of the pre-selected plants grown from the seeds through the apertures are protected from mechanical shear such that the pre-selected plants grown from the plant seeds can regenerate despite being subject to mechanical forces shearing the pre-selected plants grown from the plant seeds (See Fig. 3; Upper elements 2 raise the shear plane to a height greater than the crowns, sheaths, and shoot meristems of the plants 6 grown from the seeds 7 through the apertures 3 thereby protecting the crowns, sheaths, and shoot meristems of the plants 6 from mechanical shear such that the plants 6 grown from the seeds 7 can regenerate despite being subject to mechanical forces shearing the plants 6 grown from the seeds 7.).
The system of Yun as modified by Seok, Chidgey, and Morton-Finger teaches the claimed invention except for the fact that the hybrid turf structure is pre-seeded with plant seeds. Pothen teaches a turf structure (10; Column 10 Lines 50-55 states that netting 10 is an alternative to plastic turf netting.) that is pre-seeded with plant seeds (Column 5 Lines 65 and Column 6 Lines 1-5 state that netting 10 is pre-seeded with grass seeds.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have the hybrid turf structure of the system of Yun as modified by Seok, Chidgey, and Morton-Finger be pre-seeded with plant seeds for better ease of use for the user, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Yun as modified by Seok, Chidgey, Morton-Finger, and Pothen further teaches the pre-selection of plant species for the seeds based on anatomical compatibility of the pre-selected plants with the shear plane such that the shear plane is positioned above vulnerable plant tissues including the crowns, sheaths, and shoot meristems of the pre-selected plants whereby the three-dimensional ground vegetation reinforcement structure provides targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues (Fig. 3 of Yun shows that the shear plane is positioned above the crowns, sheaths, and shoot meristems of the plants 6. Therefore, the structure is capable of providing targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues. Due to the modification by Pothen, the seeds would be pre-selected based on anatomical compatibility of the pre-selected plants with the shear plane.).
Regarding Claim 30, the system of Yun as modified by Seok and Chidgey, as shown above, teaches the limitation of Claim 11.
However, the system of Yun as modified by Seok and Chidgey fails to explicitly state that each of the plurality of upper elements is independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position and that each of the plurality of upper elements has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements.
Morton-Finger teaches an artificial turf (shown in Fig. 1) comprising a plurality of upper elements (1) wherein each of the plurality of upper elements is independently resilient and biased to a generally upright position after being bent elastically under mechanical stress and positioned into a non-vertical position (¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the blades 1 still always return to their original upright position [shown in Fig. 1].) and wherein each of the plurality of upper elements (1) has an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements (¶22 states that upper elements 1 comprises polyethylene, an elastic material. Since ¶15 states that blades 1 maintain their upright position and that even in the case of frequent human stress or impact on the elements, the upper elements 1 have an elastic bending limit such that normal foot traffic will not unacceptably and permanently plastically deform the plurality of upper elements 1.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Yun as modified by Seok and Chidgey to have each of the plurality of upper elements be independently resilient and biased to return to a generally upright position after being bent elastically under mechanical stress and to have each of the plurality of upper elements have an elastic bending limit such that normal foot or wheeled traffic will not unacceptably and permanently plastically deform the plurality of upper elements as taught by Morton-Finger with reasonable expectation of success to provide a durable, resilient upper elements that can sustain stress from human impact over the long term (Morton-Finger, ¶5).
The system of Yun as modified by Seok, Chidgey, and Morton-Finger further teaches (references to Chidgey) that the vertical upper bases (2) have thicknesses that raise the shear plane above the upper portion of the base attachment structure due to the thicknesses of the vertical upper bases (Looking at Fig. 1 of Chidgey and Fig. 3 of Yun, the vertical upper bases 2 of Chidgey have a thickness that raises the shear plane above the upper portion of the base attachment structure 1 of Yun due to the thickness of the vertical upper bases 2 of Chidgey.).
Yun further teaches that the layer of seeds (7) is seeded with seeds from pre-selected plants that include that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position to thereby protect the shoot meristem of the one or more plant(s) from mechanical shear (See Fig. 3 and Pg. 2; Plant seeds 7 are grass seeds, a vascular plant, that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements 2 and the upper bases––even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position as modified by Seok.), and whereby the crowns, sheaths, and shoot meristems of the pre-selected plants grown from the seeds through the apertures are protected from mechanical shear such that the pre-selected plants grown from the plant seeds can regenerate despite being subject to mechanical forces shearing the pre-selected plants grown from the plant seeds (See Fig. 3; Upper elements 2 raise the shear plane to a height greater than the crowns, sheaths, and shoot meristems of the plants 6 grown from the seeds 7 through the apertures 3 thereby protecting the crowns, sheaths, and shoot meristems of the plants 6 from mechanical shear such that the plants 6 grown from the seeds 7 can regenerate despite being subject to mechanical forces shearing the plants 6 grown from the seeds 7.).
The system of Yun as modified by Seok, Chidgey, and Morton-Finger teaches the claimed invention except for the fact that the hybrid turf structure is pre-seeded with plant seeds. Pothen teaches a turf structure (10; Column 10 Lines 50-55 states that netting 10 is an alternative to plastic turf netting.) that is pre-seeded with plant seeds (Column 5 Lines 65 and Column 6 Lines 1-5 state that netting 10 is pre-seeded with grass seeds.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have the hybrid turf structure of the system of Yun as modified by Seok, Chidgey, and Morton-Finger be pre-seeded with plant seeds for better ease of use for the user, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Yun as modified by Seok, Chidgey, Morton-Finger, and Pothen further teaches the pre-selection of plant species for the seeds based on anatomical compatibility of the pre-selected plants with the shear plane such that the shear plane is positioned above vulnerable plant tissues including the crowns, sheaths, and shoot meristems of the pre-selected plants whereby the three-dimensional ground vegetation reinforcement structure provides targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues (Fig. 3 of Yun shows that the shear plane is positioned above the crowns, sheaths, and shoot meristems of the plants 6. Therefore, the structure is capable of providing targeted anatomical protection of the vulnerable plant tissues by the alignment of plant anatomy with engineered structural features of the three-dimensional ground vegetation reinforcement structure thereby supporting regeneration through the targeted anatomical protection of the vulnerable plant tissues. Due to the modification by Pothen, the seeds would be pre-selected based on anatomical compatibility of the pre-selected plants with the shear plane.).
Response to Arguments
Applicant's arguments filed 02/18/2026 have been fully considered but they are not persuasive.
Regarding Claims 1, 11, and 22, on Pgs. 21-22, Applicant argues the following: “Yun in view of Seok and Chidgey does not disclose, teach, or suggest each and every feature recited in amended independent claims 1, 11, and 22. More specifically, Yun is asserted to show most elements, including functional "protection zones" and shear-plane concepts. But the Office Action provides no citation in Yun for any specific, functional aperture regime and no teaching of selecting plants by meristem/crown height relative to an engineered shear plane. The Office Action resorts to optimization rationale for the aperture values (In re Aller). That is inapplicable where the range is critical and functionally linked to a different result (vascular growth without strangulation, simultaneous horizontal support) as taught in Applicant's specification at paragraph [0028] to [0033]. These are not arbitrary numbers; they are interdependent biological-mechanical constraints that Yun neither recognizes nor suggests.”
Examiner respectfully disagrees.
First, Examiner notes that the quantified aperture regime with about 50% perforation density with about 10 by 17 mm apertures (as stated in Applicant’s remarks Pg. 21) are not recited in the rejected claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Secondly, neither the rejection of Claim 1 above nor the rejection in Claim 1 on the Non-Final Rejection mailed 12/05/2025 rely on the in re Aller optimization rationale. As shown in the rejection of Claim 1 above, Fig. 3 of Yun shows that the layer of seeds 7 comprise plants whose crowns, sheaths and shoots have heights below the shear plane as raised or defined by the upper elements 2 and the vertical upper bases even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.
Examiner notes that the dependent claims do recite the 50% perforation density with about 10 by 17 mm apertures. MPEP 2144.05 states that “Applicants can rebut a prima facie case of obviousness by showing the criticality of the range”; however, ¶33 of Applicant’s Specification states that “the size, shape, and general location of the plurality of apertures within the base attachment structure 25 may be of any size, shape, and locations as required by the type of individual plant to be grown by the layer of seeds 19 as long as the size, shape, and locations of the plurality of apertures generally promote the required growth of the plant and be such that the embryonic plant germs may navigate through the plurality of apertures”. In other words, although Applicant’s Specification gives a specific embodiment with specific measurements, it fails to show that these measurements are critical to achieving a specific result.
In addition, on Pg. 23, Applicant argues the following: “The Office Action asserts that if prior art structures are ‘capable’ of performing an intended use, they meet the claim. Applicant's amended claims do not recite mere intended use; they recite structural constraints (quantified porosity and aperture geometry + species selection mapped to a raised shear plane achieved by resilient blades on annular bases). The cited art lacks these co-dependent structural/biological constraints, so ‘capability’ does not apply.”
Examiner respectfully disagrees.
As noted above, Examiner notes that the quantified aperture regime with about 50% perforation density with about 10 by 17 mm apertures (as stated in Applicant’s remarks Pg. 21) are not recited in the rejected claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Furthermore, as shown in the rejection of Claim 1 above, Fig. 3 of Yun shows that the layer of seeds 7 comprise plants whose crowns, sheaths and shoots have heights below the shear plane as raised or defined by the upper elements 2 and the vertical upper bases even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.
In addition, on Pg. 24, Applicant argues the following: “Chidgey's synthetic sod focuses on dimensional stability and aesthetic appearance-not seed emergence biology, not gas/light access under bending, not shear-plane design relative to live meristems. Integrating Chidgey with Yun and Seok to reach Applicant's amended claimed combinations would require wholesale repurposing of Chidgey's studs into biologically permeable, annular protection that preserves porosity (e.g., about 50% porosity with 10x17 mm windows)-none of the cited art suggests this.”
Examiner respectfully disagrees.
As noted above, Examiner notes that the quantified aperture regime with about 50% perforation density with about 10 by 17 mm apertures (as stated in Applicant’s remarks Pg. 21) are not recited in the rejected claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Furthermore, Examiner notes that Chidgey is relied upon to modify Yun by allowing changing the shape and the location of the upper bases of Yun. Therefore, integrating Chidgey with Yun and Seok would not require wholesale repurposing of Chidgey’s studs.
In addition, on Pg. 29, Applicant argues the following: “Yun shows artificial "protectors" (2) and holes (3) with sand (5), but there is no disclosure in Yun that any shear plane is defined/tuned by plant anatomy, nor that protection persists at a height above the meristem when elements are elastically bent. Yun's figures only depict roots passing through a plate. Yun's text speaks generally about reducing root/stem damage. Yun does not teach "bent-state geometric height" limitation. Seok is cited for elasticity of artificial turf fibers. But Seok does not teach meristem-aware height tuning or persistent protection plane under bent state relative to meristem location. Elasticity alone [does not equal] a bent-state height requirement.”
Examiner respectfully disagrees.
Lines 35-38 of Claim 1 state that “The layer of plant seeds comprises pre-selected plants that will have crowns, sheaths, and shoot meristems at heights below the shear plane as raised and/or defined by the upper elements and the vertical upper bases even when the upper elements are bent elastically under mechanical stress into a non-vertical position.” Fig. 3 of Yun shows that the layer of seeds 7 comprise plants (6) whose crowns, sheaths and shoots have heights below the shear plane as raised or defined by the upper elements 2 and the vertical upper bases even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position.
In addition, on Pg. 29, Applicant argues the following: “Applicant's claims introduce a dispersion that keeps elements near each adjacent element to simulate natural vegetation and minimize/reduce blocking of light energy to the shoot meristem, even when bent. The Office Action reads this feature from Yun's figures ("can minimize blocking"). But Yun never teaches dispersion designed for photosynthetic light access to meristems under bending loads. Applicant's purposely engineered physiological accommodation is not present in Yun/Seok.”
Examiner respectfully disagrees.
Lines 22-26 of Claim 1 recite that the “upper elements are configured to have a dispersion that allows the upper elements to be disposed near each adjacent upper element such that the field of the upper elements simulates the appearance of natural vegetation and minimizes blocking of light energy to the shoot meristem of the one or more plant(s) that will grow from the layer of plant seeds through the one or more of the apertures.”
Examiner first notes that the features upon which applicant relies (“dispersion designed for photosynthetic light access to meristems under bending loads”) are not recited in the claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Furthermore, Figs. 2-3 of Yun shows that upper elements 2 have a dispersion that allows the upper elements 2 are disposed near each adjacent upper element 2 such that the field of the upper elements 2 simulates the appearance of natural vegetation and can minimize the blocking of light energy to the shoot meristem of the plants 6 will grow from the layer of plant seeds 7 through the apertures 3.
In addition, on Pgs. 29-30, Applicant argues the following: “The Examiner imports "washer-shaped bases" from Chidgey. But Chidgey's washers are for synthetic projections and mesh reinforcement; it is not an integrated seed/mat system and does not align structure to plant crowns/meristems. Even if washers were adopted as shapes, the claimed function and integration-fixing biomimetic elastic elements onto upper flat surfaces to achieve the bent-state shear-plane geometry with aperture-based germination-is not taught or suggested by Chidgey. The Office Action's rationale ("simpler to manufacture; resembles natural plants") does not supply the meristem-aware, bent-state geometry or dispersion/light-gas constraints that reinforce the inventiveness of Applicant's claims.”
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In addition, on Pg. 30, Applicant argues the following: “Applicant's claims introduce germination-permissive apertures consistent with Applicant's ecosystem design; Yun has holes, but Applicant's sizing/distribution constraints are tied to plant physiology and the raised shear plane with dispersion. The Office Action does not show that Yun teaches this in the same integrated way. The Office Action constructs an inherency/"capable of" narrative from figures, then bolts on washers from Chidgey. Applicant's claims introduce bent-state meristem protection plane + biomimetic dispersion for light/gas exchange anchored to washer-based mounting and seed layers, which is entirely missing in the cited art. Applicant's claimed combinations are not an "obvious design choice", e.g., they solve a specific plant-anatomy shear problem with unexpected persistence under traffic. What's more, Chidgey and Malakoff are synthetic sod/grass mats focused on rigid backing and projection supports-not integrated seed/mat ecosystems tuned to plant meristems. Even if considered, they teach different objectives and do not motivate the claimed meristem-aware bent-state system. Seok teaches a hybrid modular turf system focused on artificial/natural turf bonding and drainage-not meristem protection, biological regeneration, or shear-plane engineering. Chidgey teaches synthetic turf stabilization, but there are no seeds, no regenerative biology, no shear-plane control in Chidgey. And Chidgey teaches rigid or semi-rigid projections-not independent elastic recovery. This is directly opposite the Applicant's resilient, spring-back upper elements. Morton-Finger, Malakoff, Lee, Pothen address mats or turf structures but none involve anatomically-informed biological protection, seed layers, or resilient shear-plane mechanics. None of the cited art addresses the core problem solved by Applicant's claimed systems: catastrophic loss of vegetation due to meristem shear.”
Examiner respectfully disagrees.
As noted above, Examiner notes that the quantified aperture regime with about 50% perforation density with about 10 by 17 mm apertures (as stated in Applicant’s remarks Pg. 21) are not recited in the rejected claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Fig. 3 of Yun shows that the layer of seeds 7 comprise plants whose crowns, sheaths and shoots have heights below the shear plane as raised or defined by the upper elements 2 and the vertical upper bases even when the upper elements 2 are bent elastically under mechanical stress into a non-vertical position. Figs. 2-3 of Yun further shows that upper elements 2 have a dispersion that allows the upper elements 2 are disposed near each adjacent upper element 2 such that the field of the upper elements 2 simulates the appearance of natural vegetation and can minimize the blocking of light energy to the shoot meristem of the plants 6 will grow from the layer of plant seeds 7 through the apertures 3. Chidgey is only relied upon for its teaching of washer-shaped vertical upper bases.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/A.A.A./ Examiner, Art Unit 3643
/DAVID J PARSLEY/ Primary Examiner, Art Unit 3643
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