Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 62 is objected to because of the following informalities:
Claim 62 reads “the first covering and the second covering forms the plant material layer the planting the reproductive organ” which should read “the first covering and the second covering forms the plant material layer, the planting the reproductive organ,”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 62 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 62 is rejected for lack of written description in regards to the second covering period, and specifically, the first and second covering overlapping with each other, and the planting being performed after the first covering and before the second covering. Applicant refers to pages 6 and 24 for support for their amendment. However, the specification merely mentions that the carrier may be covered twice, but does not specify that they are overlapping, or the timing of the planting being in between the first and second covering periods. Clarification and correction are required but no new matter may be added.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 46, 49, 51-55, 62-63, and 66-67 are rejected under 35 U.S.C. 103 as being unpatentable over Lamp’l (Gardening in Straw Bales) in view of Liu (CN 110915342 A) and Kemppainen (WO-2018108681-A1).
Regarding claim 46, Lamp’l discloses a method for simultaneously controlling weeds and planting a reproductive organ (seeds, see fig 6, page 12) or a seedling (seedlings, see fig 7) of a target plant by utilizing plant materials, comprising:
a. covering a carrier (raised bed with logs, see fig 1) with the plant materials by placing plant materials (straw bales, see fig 1, page 7) on a carrier (raised bed with logs, see fig 1 on page 7) to form a plant material layer,
wherein the plant materials consist of pieces of a plant (straw bales, see page 7),
wherein a period from covering the plant material layer to planting the reproductive organ or the seedling is called a covering period (conditioning the bales, see page 10), during which the size, covering thickness and water content of the plant material layers are controlled (watering and conditioning the bales, see page 10), wherein the plant material layer is uniformly covered on the carrier (uniform height of covering materials, see fig 1, page 7),
b. planting the reproductive organ or the seedling of the target plant on a surface of the plant material layer or in the plant material layer (see figs 6-7 and pages 12-13, planting seeds and seedlings in and on the straw surface);
wherein the reproductive organ is planted before the plant materials are completely decomposed (seeds planted in conditioned bales, see page 12), at a depth at which an initial stem-root differentiation point of the target plant is visible to a naked eye in the plant material layer or is higher than the plant material layer, such that after a seedling of the target plant emerges, a stem base point of the target plant is in or above the plant material layer (see fig 9, page 15),
wherein the seedling is planted by at least one planting method selected from the group consisting of seedling placings (placing seedlings in the bale, see fig 7, page 13) throwing seedlings, and transplanting seedlings, such that the stem base point of the target plant is visible to the naked eye in the plant material layer or is higher than the plant material layer at the time of the planting (see fig 7, page 13 and fig 9, page 15), and
wherein the reproductive organ or the seedling is planted in a way that the target plant has the plant material layer below the initial stem-root differentiation point of the target plant (see fig 7, page 13 and fig 9, page 15), and
c. controlling the water content (see page 11),
wherein controlling the water content comprises:
controlling the water content of the plant material during covering period (conditioning the bales, see page 10), immediately before planting (see page 11), and after planting (see page 11).
Lamp’l fails to disclose the covering thickness of 0.1-12cm and the water content of the plant material is greater than or equal to 10% of the saturated water content, wherein the water content of the plant material is controlled as below: (1) during the covering period, which is from covering the plant material layer to planting the target plant, the water content of the plant material is controlled to greater than or equal to 1% of the saturated water content, or the water content of the plant material is controlled to 50% of the saturated water content, or the water content of the plant material is controlled to reach 100% of the saturated water content, or the plant material is infiltrated, or the plant material is soaked in water; and/or (2) controlling water immediately before planting, which is the period within 1 day before planting the target plant, during which, the water content of the plant material is adjusted to greater than or equal to 30% of the saturated water content, or the water content of the plant material is adjusted to greater than or equal to 100% of the saturated water content, or the water content of the plant material is adjusted to achieve plant material infiltration, or the plant material is adjusted to having a water level not greater than 5 cm depth; and/or (3) control water after planting, wherein: 1) the target plant is an aquatic plant and the planting method is direct seeding, the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is maintained in a range from 70% of the saturated water content to that the plant material is infiltrated; or the target plant is planted in the plant material layer, the water content of the plant material after planting is maintained in a range from 40% to 100% of the saturated water content; or 2) the target plant is an aquatic plant and the planting method is migration-planting, the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is maintained in a range from 70% of the saturated water content to having a water level not greater than 5 cm depth; or the target plant is planted in the plant material layer, the water content of the plant material is maintained in a range from 50% of the saturated water content to having a water level not greater than 5 cm depth; or 3) the target plant is a dryland plant and the planting method is direct seeding, the target plant is planted on the surface of the plant material layer, the plant material after planting is maintained in a range from 40% to 100% of the saturated water content; or the target plant is planted in the plant material layer, the water content of the plant material after planting is maintained in a range from 30% to 90% of the saturated water content; or 4) the target plant is a dryland plant and the planting method is migration-planting, the target plant is planted on the surface of the plant material layer, the water content of the plant material is maintained in a range from 50% of the saturated water content to having a water level not greater than 2 cm depth; or the target plant is planted in the plant material layer, the water content of the plant material after planting is maintained in a range from 60% of the saturated water content to having a water level not greater than 2 cm depth.
Liu teaches the covering thickness is 0.1-12 cm (0.5-4cm thickness for inhibiting weeds but not impacting target plant growth, see page 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the covering thickness of Liu with a reasonable expectation of success because this will help prevent weeds but not inhibit growth of the target plant and 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. Applicant has not provided criticality for the covering thickness or water saturation content.
Kemppainen teaches and the water content of the plant material is greater than or equal to 10% of the saturated water content (controlling the peat (plant material) to be pre-saturated, with water content being at least 50%, see page 5), wherein controlling the water content comprises, controlling the water content of the plant materials during at least one period selected from the group consisting of a covering period (controlling peat water content, see page 5) i, immediately before planting, and after planting, wherein the water content of the plant material is controlled as below: (1) during the covering period, the water content of the plant material is controlled to 50% of the saturated water content (controlling the peat material to be pre-saturated before plant, being at least 50%, see page 5), or the plant material is infiltrated (pre-saturated peat, see page 3), or the plant material is soaked in water (pre-saturated peat, see page 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the water management of the plant material and the water content control as taught by Kemppainen with a reasonable expectation of success because this will ensure the planting material is at optimal water saturation for germination and plant growth and 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. Applicant has not provided criticality for the water management percentages or the water saturation content.
Regarding claim 49, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the method satisfies at least one of the following features: when planting the reproductive organ or the seedling, the target plant is visible to the naked eye on the surface of the plant material layer or in the plant material layer (see figs 6-7, pages 12-13), and the reproductive organs of the weeds are located under the plant material layer (roots and seeds located under the surface, see figs 6-7 and pages 12-13).
Regarding claim 51, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the forms of the plant material for simultaneously controlling weeds and planting the reproductive organ or the seedling and/or controlling weeds are at least one selected from the group consisting of: strip, flaky, tubular, blocky, powder, leaf or part of leaf, plant or part of a plant (strips of straw in a bale, see fig 1).
Regarding claim 52, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the plant material is derived from the straw of plants at least one selected from the group consisting of: rice (Oryza sativa L.), wheat (Triticum aestivum L.), barley (Hordeum vulgare L.), maize (Zea mays L.) (straw from cereal grain crops, which include rice, wheat, barley, and maize, see page 8), soybean (Glycine max (L.) Merr.), sweet potato (Dioscorea esculenta (Lour.) Burkill), potato (Solanum tuberosum L.), cotton (Gossypium hirsutum L.), flax (Linum usitatissimum L.), oilseed rape (Brassica napus L.), peanut (Solanum melongena L.), chili (Capsicum annuum L.), pumpkin (Cucurbita moschata (Duch. exLam.) Duch. ex Poiret), winter melon (Benincasa hispida (Thunb.) Cogn.), sugar cane (Saccharum officinarum L.), chinese milk vetch (Astragalus sinicus L.), sunflower (Helianthus annuus L.), green manure crop (hairy vetch), and weeds.
Regarding claim 53, the modified reference teaches the method according to claim 46.
The modified reference teaches the claimed invention except explicitly wherein the size of the plant material is not greater than 300 cm, or the size of the plant material is not greater than 200 cm, or the size of the plant material is not greater than 10 cm, or the size of the plant material is not greater than 3 cm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant material to be small uniform pieces with a reasonable expectation of success because this will ensure the nutrients in the mulch or plant pieces is uniformly distributed across the carrier and since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Applicant has not provided criticality for the size of the plant pieces.
Regarding claim 54, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the covering period is 0 to 12 months (conditioning the bales, 20 days, see page 10).
Regarding claim 55, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the controlling water content (watering, see page 11) comprises controlling the water content of the plant material (watering needs after planting, see page 11) after the planting the reproductive organ or the seedling wherein: wherein: (1) the target plant is a dryland plant and the planting method is direct seeding (direct seeding, dryland plants, peas, beans, squash planted in the material layer), wherein: the reproductive organ is planted in the plant material layer (direct seeding, dryland plants, peas, beans, squash planted in the material layer, see page 12).
The modified reference fails to teach wherein: 1) the target plant is an aquatic plant and the planting method is direct seeding, the target plant is planted on the surface of the plant material layer, and a time maintaining the water content of the plant material in the range from 70% of the saturated water content to an amount the plant material is infiltrated after the planting is greater than or equal to 5 days; or the target plant is planted in the plant material layer, and the time for maintaining the water content of the plant material in a range from 40% to 100% of the saturated water content is greater than or equal to 5 days after planting; or 2) the target plant is an aquatic plant and the planting method is migration-planting, the target plant is planted on the surface of the plant material layer, maintaining the water content of the plant material after planting in a range from 70% of the saturated water content to having a water level not greater than 5 cm depth, after 4 to 8 days, maintaining the water content of the plant material in a range from 30% of the saturated water content to having a water level not greater than 8 cm depth; or the target plant is planted in the plant material layer, maintaining the water content of the plant material in a range from 50% of the saturated water content to having a water level not greater than 5 cm depth, after 4 to 8 days, maintaining the water content of the plant material in a range from 20% of the saturated water content to having a water level not greater than 6 cm depth; the water content of the plant material is maintained in a range from 40% to 100% of the saturated water content after planting, after the target plant root penetrates down the plant material layer, maintaining the water content of the plant material in a range from 10% to 80% of the saturated water content; or the target plant is planted in the plant material layer, the water content of the plant material is maintained in a range from 30% to 90% of the saturated water content after planting, after the target plant root system penetrates down the plant material layer, maintaining the water content of the plant material in a range from 10% to 70% of the saturated water content; or 4) the target plant is a dryland plant and the planting method is migration-planting, the target plant is planted on the surface of the plant material layer, the water content of the plant material is maintained in a range from 50% of the saturated water content to having a water level not greater than 2 cm depth, after 4 to 8 days, maintaining the water content of the plant material in a range from 10% to 90% of the saturated water content; or the target plant is planted in the plant material layer, maintaining the water content of the plant material in a range from 60% of the saturated water content to having a water level not greater than 2 cm depth, after 4-8 days, the water content of the plant material is maintained in a range from 10%-80% of the saturated water content.
Kemppainen teaches c. controlling water content, which comprises controlling the water content of the plant material after planting the target plant(s) (controlling the peat (plant material) to be pre-saturated, with water content being at least 50%, see page 5: wherein the water content of the plant material is maintained in a range from 30% to 90% of the saturated water content after planting, after the target plant root system penetrates down the plant material layer, maintaining the water content of the plant material in a range from 10% to 70% of the saturated water content (controlling the peat (plant material) to be pre-saturated, with water content being at least 50%, see page 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the water content control of Kemppainen with a reasonable expectation of success because this will ensure the target plants have adequate hydration for germination and growth, and 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. Applicant has not provided criticality for the water management percentages.
Regarding claim 62, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the covering a carrier with the plant materials (a) comprise a first covering (placing straw bales on raised beds, see fig 1) and a second covering (planting then re-covering the plant with straw, see fig 7), an area covered with the first covering and an area covered with the second covering overlapping with each other (see fig 7), the first covering and the second covering forms the plant material layer (see fig 7), the planting the reproductive organ or the seedling (b) is performed after the first covering and before the second covering (placing straw bales on raised beds, see fig 1, then planting then re-covering the plant with straw, see fig 7), in the first covering with more than or equal to 30% of the total amount of the plant material, or with more than or equal to 50% of the total amount of plant material (2 bales is 50% or more of the total plant material, see fig 1, page 7), and the reproductive organ or the seedling is planted in the upper half of the plant material layer or planted in the upper 1/3 layer of the plant material layer (planting in upper 1/3 of plant material layer, see figs 7, and pages 12-13).
Regarding claim 63, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the target plant is selected from at least one of the group consisting of crops (peas, beans, squash, see page 12), fruit trees, commercial crops, flowers, nursery stocks, forest trees, lawns, and Chinese traditional medicinal crops.
Regarding claim 66, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the covering period is 0 to 30 days (conditioning the bales, 20 days, see page 10).
Regarding claim 67, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein the planting is carried out after the covering period (placing bales on raised bed, see fig 1, then planting in plant material layer, see fig 7).
Claim(s) 50, 56-57 and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Lamp’l (Gardening in Straw Bales) in view of Liu (CN 110915342 A) and Kemppainen (WO-2018108681-A1) as applied to claim 46 above, and further in view of Desta (Straw Bale Gardening).
Regarding claim 50, the modified reference teaches the method according to claim 46.
The modified reference fails to teach wherein in the process of planting the reproductive organ or the seedling, further comprises applying plant nutrition and satisfied at least one of the following conditions: a mode of the applying is at least one selected from the group consisting of: applying under the plant material layer, applying in the middle of the plant material layer, mixing with the plant material layer, applying on the top of the plant material layer, mixing with the reproductive organs of the target plant, mixing with the root system of the reproductive organs of the target plant; and/or the plant nutrient is applied 1-15 days after planting the target plant, or 1-10 days after planting the target plant, or 3-7 days after planting the target plant; and/or the types of plant nutrients are selected from a group consisting of: urea, P205, K20, compound fertilizer, organic fertilizer, plant ash, and mixed fertilizer.
Desta teaches wherein in the planting of the reproductive organ or seedling further comprises applying plant nutrition (fertilizer, see page 3) and satisfied at least one of the following conditions: a mode of the applying is at least one selected from the group consisting of: the types of plant nutrients are selected from a group consisting of: urea, P205, K20, compound fertilizer, organic fertilizer (organic fertilizer, see page 3), plant ash, and mixed fertilizer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the method with the step of applying fertilizer to the plants as taught by Desta with a reasonable expectation of success as plant piece material layers do not already include as many nutrients as soil, so providing extra fertilizers will ensure plants receive adequate nutrients for growth and development.
Regarding claim 56, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein at least one of the following conditions are satisfied: the plant material is derived from any at least one plant selected from the group consisting of rice, wheat, barley (straw from cereal grain crops, see page 8, see fig 1, page 7), Chinese milk vetch, and green manure crop, the carrier is covered with the plant material that has been turned into pieces (straw pieces in bale on carrier, see fig 1, page 7).
The modified reference fails to explicitly teach wherein: the plant material is derived from any at least one of maize, soybean, sweet potato, potato, cotton, flax, oilseed rape, peanut, chili, pumpkin, winter melon, sugar cane, and sunflower, the plant material is turned into pieces and cover the carrier, and the size of the plant material is not greater than 2 cm or not greater than 1 cm; and/or the plant material is derived from any at least one of maize, soybean, sweet potato, potato, cotton, flax, oilseed rape, peanut, chili, pumpkin, winter melon, sugar cane, and sunflower, the plant material is turned into pieces and covers the carrier, and the average size of the plant material is not greater than 2 cm or not greater than 1 cm; and/or the plant material is derived from any at least one of rice, wheat, barley, Chinese milk vetch, and green manure crop, the carrier is covered with the plant material that has been turned into pieces, and the size of the plant material is not greater than 10 cm, or not greater than 5 cm, or not greater than 2 cm; and/or the plant material is derived from any at least one of rice, wheat, barley, Chinese milk vetch, and green manure crop, covering the carrier with the plant material that has been turned into pieces, and the average size of the plant material is not greater than 10 cm, or not greater than 5 cm, or not greater than 2 cm.
Desta teaches discloses the plant material is derived from any at least one of rice, wheat (straw bales made from wheat, see page 1), barley, Chinese milk vetch, and green manure crop.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the wheat straw for covering as taught by Desta with a reasonable expectation of success because using wheat straw as a planting medium does not require expensive lengthy soil preparation.
The modified reference teaches the claimed invention except and the size of the plant material is not greater than 10 cm, or not greater than 5 cm, or not greater than 2 cm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant material to be small uniform pieces with a reasonable expectation of success because this will ensure the nutrients in the mulch or plant pieces is uniformly distributed across the carrier and since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Applicant has not provided criticality for the size of the plant material pieces.
Regarding claim 57, the modified reference teaches the method according to claim 46 and Lamp’l further discloses the plant material is derived from at least one plant selected from the group consisting of rice, wheat, barley (straw from cereal grain crops, see page 8, see fig 1, page 7), Chinese milk vetch, and green manure crop.
The modified reference fails to explicitly teach wherein: the plant material is derived from any at least one of maize, soybean, sweet potato, potato, cotton, flax, oilseed rape, peanut, chili, pumpkin, winter melon, sugar cane, and sunflower, and the covering thickness is in at least one range selected from the group consisting of 0.-8 cm, 0.4-4 cm, 0.5-3 cm, 0.6-2 cm, 0.6-1.5 cm, 0.6-0.9 cm; and/or the plant material is derived from any at least one of rice, wheat, barley, Chinese milk vetch, and green manure crop, the covering thickness is thickness is in at least one range selected from the group consisting of 0.2-8 cm, 0.3-4 cm, 0.6-3 cm, 0.8-2 cm, 0.8-1.5 cm; and/or the plant material is derived from any at least one of rice, wheat, barley, Chinese milk vetch, and green manure crop, and the average size of the plant material is not greater than 1 cm, the covering thickness is thickness is in at least one range selected from the group consisting of 0.2-8 cm, 0.3-4 cm, 0.5-3 cm, 0.6-2 cm 0.6-1.0 cm.
Desta teaches discloses the plant material is derived from any at least one of rice, wheat (straw bales made from wheat, see page 1), barley, Chinese milk vetch, and green manure crop.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the wheat straw for covering as taught by Desta with a reasonable expectation of success because using wheat straw as a planting medium does not require expensive lengthy soil preparation.
Liu teaches the covering thickness is 0.3-4 cm (0.5-4cm thickness for inhibiting weeds but not impacting target plant growth, see page 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the covering thickness of Liu with a reasonable expectation of success because this will help prevent weeds but not inhibit growth of the target plant and 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. Applicant has not provided criticality for the covering thickness ranges.
Regarding claim 60, the modified reference teaches the method according to claim 46, and Lamp’l further discloses wherein: (1) the target plant is a dryland plant and the planting method is direct seeding (direct seeding, dryland plants, peas, beans, squash planted in the material layer),
The modified reference fails to teach the method according to claim 26, wherein: (a) the plant material is derived from at least one plant selected from the group consisting of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 10 cm, and the carrier is evenly covered with plant material with a thickness of 0.312 cm; during the covering period, the water content of the plant material is controlled to greater than or equal to 1% of the saturated water content, immediately before planting the target plant, the water content of the plant material is adjusted to greater than or equal to 10% of the saturated water content; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is controlled to greater than or equal to 10% of the saturated water content; or the target plant is planted in the plant material layer, the water content of the plant material after planting is controlled to greater than or equal to 10% of the saturated water content; or (b) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 10 cm, and the carrier is evenly covered with plant material with a thickness of 0.3-8 cm; during the covering period, the water content of the plant material is controlled to greater than or equal to 10% of the saturated water content, immediately before planting the target plant, the water content of the plant material is adjusted to greater than or equal to 30% of the saturated water content; wherein the target plant is planted on the surface of the plant material layer, the plant material after planting is maintained in a range from 40% to 100% of the saturated water content; or the target plant is planted in the plant material layer, the water content of the plant material after planting is maintained in a range from 30% to 90% of the saturated water content; or (c) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 10 cm, and the carrier is evenly covered with plant material with a thickness of 0.3-8 cm; during the covering period, the plant material is soaked in water, immediately before planting the target plant, the water content of the plant material is maintained in a range from 100% of the saturated water content to that the plant material is infiltrated; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is maintained in a range from 40%-100% of the saturated water content; or the target plant is planted in the plant material layer, the water content of the plant material after planting is maintained in a range from 30%-90% of the saturated water content; or (d) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 3 cm, and the carrier is evenly covered with plant material with a thickness of 0.3-8 cm; during the covering period, the plant material is soaked in water, immediately before planting the target plant, the water content of the plant material is maintained at 100% of the saturated water content to that the plant material is infiltrated; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material is maintained in a range from 40% to 100% of the saturated water content after planting, after the target plant root penetrates down the plant material layer, maintaining the water content of the plant material at 10% to 80% of the saturated water content; or the target plant is planted in the plant material layer, the water content of the plant material is maintained in a range from 30% to 90% of the saturated water content after planting, after the target plant root system penetrates down the plant material layer, maintaining the water content of the plant material at 10% to 70% of the saturated water content; or e) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 1 cm, and the carrier is evenly covered with plant material with a thickness of 0.3-5 cm; during the covering period, the plant material is soaked in water, immediately before planting the target plant, the water content of the plant material is maintained in a range from 100% of the saturated water content to that the plant material is infiltrated; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material is maintained in a range from 40% to 100% of the saturated water content after planting, after the target plant root penetrates down the plant material layer, maintaining the water content of the plant material at 10% to 80% of the saturated water content; or the target plant is planted in the plant material layer, the water content of the plant material is maintained in a range from 30% to 90% of the saturated water content after planting, after the target plant root system penetrates down the plant material layer, maintaining the water content of the plant material at 10% to 70% of the saturated water content; or (2) the target plant is a dryland plant and the planting method is migration-planting, wherein:(i) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 10 cm, and the carrier is evenly covered with plant material with a thickness of 0.312 cm; during the covering period, the water content of the plant material is controlled to greater than or equal to 1% of the saturated water content, immediately before planting the target plant, the water content of the plant material is adjusted to greater than or equal to 10% of the saturated water content; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is controlled to greater than or equal to 10% of the saturated water content; or the target plant is planted in the plant material layer, the water content of the plant material after planting is controlled to greater than or equal to 10% of the saturated water content; or (ii) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 10 cm, and the carrier is evenly covered with plant material with a thickness of 0.3-8 cm; during the covering period, the water content of the plant material is controlled to greater than or equal to 10% of the saturated water content, immediately before planting the target plant, the water content of the plant material is adjusted to greater than or equal to 30% of the saturated water content; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is maintained in a range from 50% of the saturated water content to having a water level not greater than 2 cm depth; or the target plant is planted in the plant material layer, the water content of the plant material after planting is maintained in a range from 50% of the saturated water content to having a water level not greater than 2 cm depth; or (iii) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 10 cm, and the carrier is evenly covered with plant material with a thickness of 0.3-8 cm; during the covering period, the plant material is soaked in water, immediately before planting the target plant, the water content of the plant material is maintained in a range from 100% of the saturated water content to that the plant material is infiltrated; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is maintained in a range from 50% of the saturated water content to having a water level not greater than 2 cm depth; or the target plant is planted in the plant material layer, the water content of the plant material after planting is maintained in a range from 50% of the saturated water content to having a water level not greater than 2 cm depth; or (iv) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 3 cm, and the carrier is evenly covered with plant material with a thickness of 0.3-8 cm; during the covering period, the plant material is soaked in water, immediately before planting the target plant, the water content of the plant material is maintained in a range from 100% of the saturated water content to that the plant material is infiltrated; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is maintained in a range from 50% of the saturated water content to having a water level not greater than 2 cm depth, after 4 to 8 days, maintaining the water content of the plant material at 10% to 90% of the saturated water content; or the target plant is planted in the plant material layer, maintaining the water content of the plant material after planting at from 50% of the saturated water content to having a water level not greater than 2 cm depth, after 4-8 days, the water content of the plant material is maintained in a range from 10%-80%of the saturated water content; or (v) the plant material is derived from at least one of oilseed rape, rice, wheat, maize, and soybean, and the average size of the plant material is not greater than 1 cm, and the carrier is evenly covered with plant material with a thickness of 0.3-5 cm; during the covering period, the plant material is soaked in water, immediately before planting the target plant, the water content of the plant material is maintained in a range from 100% of the saturated water content to that the plant material is infiltrated; wherein the target plant is planted on the surface of the plant material layer, the water content of the plant material after planting is maintained in a range from 50% of the saturated water content to having a water level not greater than 2 cm depth, after 4 to 8 days, maintaining the water content of the plant material at 10% to 90% of the saturated water content; or the target plant is planted in the plant material layer, maintaining the water content of the plant material after planting at from 50% of the saturated water content to having a water level not greater than 2 cm depth, after 4-8 days, the water content of the plant material is maintained in a range from 10%-80% of the saturated water content.
Desta teaches wherein: (a) the plant material is derived from at least one of wheat (straw bales made from wheat, see page 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the wheat straw for covering as taught by Desta with a reasonable expectation of success because using wheat straw as a planting medium does not require expensive lengthy soil preparation.
Liu teaches a. covering the carrier with the plant material with a thickness of 0.3-12 cm (0.5-4cm thickness for inhibiting weeds but not impacting target plant growth, see page 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the covering thickness of Liu with a reasonable expectation of success because this will help prevent weeds but not inhibit growth of the target plant and 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. Applicant has not provided criticality for the covering thickness ranges.
Kemppainen teaches during the covering period, the water content of the plant material is controlled to greater than or equal to 1% of the saturated water content (controlling the peat material to be pre-saturated before plant, being less than or equal to 5 or 10% see page 5), immediately before planting the target plant, the water content of the plant material is adjusted to greater than or equal to 10% of the saturated water content (water adjusted to 50%, see page 5); wherein the target plant is planted in the plant material layer, the water content of the plant material after planting is controlled to greater than or equal to 10% of the saturated water content (water adjusted to 50%, see page 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the water content control of Kemppainen with a reasonable expectation of success because it ensures the planting conditions are optimized for different growth stages and 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. Applicant has not provided criticality for the water content management.
The modified reference teaches the claimed invention except and the size of the plant material is not greater than 10 cm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant material to be small uniform pieces with a reasonable expectation of success because this will ensure the nutrients in the mulch or plant pieces is uniformly distributed across the carrier and since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Applicant has not provided criticality for the size of the plant material pieces.
Claim(s) 58 are rejected under 35 U.S.C. 103 as being unpatentable over Lamp’l (Gardening in Straw Bales) in view of Liu (CN 110915342 A) and Kemppainen (WO-2018108681-A1) as applied to claim 46 above, and further in view of Zhu (CN-106342612-B).
Regarding claim 58, the modified reference teaches the method according to claim 46.
The modified reference fails to teach wherein the mode of planting the target plant is at least one mode selected from the group consisting of: artificial sowing reproductive organs, artificial transplanting seedlings, artificially throwing planting seedlings, artificially seedling placing, sowing reproductive organs by machine, transplanting seedlings by machine, throwing planting seedlings by machine, and seedling placing by machine; and/or
the sowing depth of the target plant is selected according to a size of the reproductive organ of the target plant, wherein: 1) a longest side of the reproductive organ is not greater than 0.2 cm, and the sowing depth below the surface of the plant material layer is not greater than 3 cm; or the sowing depth below the surface of the plant material layer is not greater than 1 cm; or the sowing depth below the surface of the plant material layer is not greater than 0.5 cm; or 2) the longest side of the reproductive organ is greater than 0.2 cm and not greater than 0.5 cm, and the sowing depth below the surface of the plant material layer is not greater than 10 cm; or the sowing depth below the surface of the plant material layer is not greater than 5 cm; or the sowing depth below the surface of the plant material layer is not greater than 3 cm; or 3) the longest side of the reproductive organ is greater than 0.5 cm, the sowing depth below the surface of the plant material layer is not greater than 12 cm; or the sowing depth below the surface of the plant material layer is not greater than 5 cm.
Zhu teaches wherein the mode of planting the target plant is selected from at least one of: artificially throwing planting seedlings (see abstract), transplanting seedlings by machine (see abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the artificially throwing and transplanting seeds as taught by Zhu with a reasonable expectation of success because this will provide a more automated and efficient seeding process.
Claim(s) 64 is rejected under 35 U.S.C. 103 as being unpatentable over Lamp’l (Gardening in Straw Bales) in view of Liu (CN 110915342 A) and Kemppainen (WO-2018108681-A1) as applied to claim 46 above, and further in view of Souza (US-5606823-A).
Regarding claim 64, the modified reference teaches the method according to claim 46.
The modified reference fails to teach wherein the weeds to be controlled include at least one weed selected from the group consisting of Gramineae weeds, Cyperaceae weeds and broadleaf weeds; or the weeds to be controlled include at least one weed selected from the group consisting of: crab grass (Digitaria sanguinalis (L.) Scop.), green foxtail (Setaria viridis (L.) Beauv.), goosegrass (Eleusine indica (L.) Gaertn.), chinese sprangletop (Leptochloa chinensis (L.) Nees), barnyardgrass (Echinochloa crus-galli (L.) P. Beauv.), beardless barnyardgrass (Echinochloa crus-galli var. mitis (Pursh) Petermann), alkali barnyardgrass (Echinochloa crus-galli var. zelayensis (Kunth) Hitchcock), longawn barnyardgrass (Echinochloa caudata Roshev.), junglerice (Echinochloa colona (Linnaeus) Link), water barnyardgrass (Echinochloa oryzoides (Ard.) Flritsch.), japanese barnyardgrass (Echinochloa crus-galli var. austrojaponensis Ohwi); and/or the weeds are selected from any one or more of the group consisting of nut-grass (Cyperus rotundus L.), difformed galingale (Cyperus difformis L.), miliumlike fimbristylis (Fimbristylis littoralis Grandich), Rice galingale (Cyperus iria L.), common bulrush (Schoenoplectus triqueter (Linnaeus) Palla), flatstalk bulrush (Bolboschoenus planiculmis (F. Schmidt) T. V. Egorova), Rush-like Bulrush (Schoenoplectus tabernaemontani (C. C. Gmelin) Palla), cow’s hair-felt spikesedge (Eleocharis yokoscensis (Franchet & Savatier) Tang & F. T. Wang), wallich bulrush (Schoenoplectus wallichi i (Nees) T. Koyama); and/or the weeds are selected from any one or more of the group consisting of: copperleaf (Acalypha australis L.), redroot amaranth (Amaranthus retroflexus L.), lambsquarters (Chenopodium album L.), common day flower (Commelina communis L.), eared redstem (Ammannia auriculata Willdenow), manyflower ammannia (Ammannia multiflora Roxb.), valley redstem (Ammannia coccinea Rottboll), common ammannia (Ammannia baccifera L.), climbing seedbox (Ludwigia prostrata Roxb.), creeping waterprimrose (Ludwigia adscendens (L.) Hara), indian rotala (Rotala indica (Willd.) Koehne), roundleaf rotala (Rotala rotundifolia (Buch.-Ham. ex Roxb.) Koehne), procumbent false-pimperne (Lindernia procumbens (Krock.) Borbas), sheathed monochoria (Monochoria vaginalis (Burm. F.) Presl ex Kunth), pygmy arrowhead (Sagittaria pygmaea Miq.), yerbadetajo (Eclipta prostrata (L.) L.), korsakow monochoria (Monochoria korsakowii Regel et Maack), japanese mazus (Mazus pumilus (N. L. Burman) Steenis), triquetrous murdannia (Murdannia triquetra (Wall. ex C. B. Clarke) Bruckn.), distinct pondweed (Potamogeton distinctus A. Bennett), pepperwort (Marsilea quadrifolia L. Sp.), oldworld arrowhead (Sagittaria trifolia L.).
Souza teaches wherein the weeds to be controlled include at least one weed selected from the group consisting of:green foxtail (Setaria viridis (L.) Beauv.) (Souza uses winter wheat mulch to prevent foxtail weeds, see col 6, lines 50-57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the foxtail of Souza with a reasonable expectation of success because this will ensure the planting area is free of foxtail weeds.
Claim(s) 65 is rejected under 35 U.S.C. 103 as being unpatentable over Lamp’l (Gardening in Straw Bales) in view of Liu (CN 110915342 A) and Kemppainen (WO-2018108681-A1) as applied to claim 46 above, and further in view of Suyder (US-3236527-A).
Regarding claim 65, the modified reference teaches the method according to claim 46.
The modified reference fails to teach wherein when placing the plant materials on carrier, machinery is used to complete harvesting and plant material crushing and broadcasting in one step.
Suyder teaches wherein when placing plant materials on carrier, machinery is used to complete harvesting and plant material crushing and broadcasting in one step (In spreading manure some of the members may be employed as choppers which are flail members having a curved sharp edge to cut the long straw and also provide some broadcasting propulsion thereto. The whipping and flail action on the manure breaks up the material, see col 3, lines 34-39).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the one step crushing and broadcasting of Suyder with a reasonable expectation of success because this provides a more efficient and timely mulching method.
Response to Arguments
Applicant's arguments filed 06/10/2026 have been fully considered but they are not persuasive.
Applicant argues that amended claim 46 is not taught by the cited references, the Office respectfully disagrees.
Firstly, Applicant argues that Lamp’l fails to disclose “wherein the plant materials consist of pieces of a plant.” The Office respectfully disagrees. The plant materials of Lamp’l are indeed just pieces of a plant, specifically pieces of straw. The claim also includes a carrier, which the specification says can include a substrate, therefore any materials in the bale of straw, for instance, the nitrogen additive, could be considered a substrate, and therefore the pieces of plant are just the pieces of straw.
Applicant also argues that since Lamp’l uses intact bales of straw, that it would not be obvious to use small pieces or modify Lamp’l with the covering thickness of Li. However, Lamp’l does contemplate using broken down straw, i.e. pieces not in bale form, in a pot as a potting medium due to its ability to retain adequate moisture while also providing good drainage, and therefore it would be obvious to use just pieces of the straw bales of Lamp’l.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a shorter cultivation cycle, less nitrogen fertilizer, seedling growth while suppressing weeds and covering and planting being conducted on the same day) are not recited in the rejected claim(s). 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).
Applicant argues that both Li and Kemppainen teach covering with a plant material after planting, and therefore would be an improper modification of Lamp’l. Firstly, these references are not relied upon to teach the step of covering with a planting material. Additionally, amended claim 62 discusses a second covering period after planting, and therefore the step of covering after planting does not teach away from the rejection with Lamp’l.
Applicant argues that Desta has an incorrect thickness of the plant material layer and includes preconditioning of the bales. However, Desta is used for its fertilizing step, not to teach the thickness or the covering step. Additionally, the claims do not prohibit treatment of the plant material.
Applicant argues that Zhu doesn’t remedy deficiencies of Lamp’l and that the covering of the plant material layer is after planting, however, as discussed above, amended claim 62 discusses a second covering period after planting, and therefore the step of covering after planting does not teach away from the rejection with Lamp’l. Further, Zhu is only used to teach the specific type of planting, i.e. throwing seedings and transplanting by machine.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Those references cited on the attached 892 form, but not referenced in the rejection above, exhibit similarities to the present invention, particularly, Zhu (CN 106665036 A) which discloses wheat seeding after earth covering, and then a second covering after seeding, and Zhu (CN 106342612 A) which discloses earth covering with rape straw, then rice planting then a second covering.
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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/K.A.K./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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