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 .
Response to Amendments
The Amendment filed 06/18/2025 has been entered. Claims 1-20 remain pending in the application.
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.
Claims 1-10 are 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 1 recites “a moisture sensor configured to detect soil moisture level of the houseplant and to control the small water pump based on the detected soil moisture level.” However, this constitutes new matter because a moisture sensor configured to detect soil moisture level of the houseplant and to control the small water pump based on the detected soil moisture level is not disclosed anywhere in applicant’s specification. Claims 2-10 are rejected based on their dependency.
Claim 2 recites “wherein the electronic circuit board comprises a moisture sensor configured to detect soil moisture level of the houseplant and to control the small water pump based on the detected soil moisture level.” However, this constitutes new matter because it is not disclosed anywhere in applicant’s specification that the electronic circuit board comprises a moisture sensor configured to detect soil moisture level of the houseplant and to control the small water pump based on the detected soil moisture level.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-15 is(are) rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a straight feeder hose attached to the pump, and a feeder hose with a clip for directing water to the houseplant;”. However, it is unclear from this recitation if this is referring to different parts of the same hose or different hoses all together. Fig 2 of the instant application depicts that the “feeder hose 9” and straight feeder 12” are different parts of the same hose. Claims 2-10 are rejected based on their dependency on a rejected base claim.
Claim 2 does not depend from any independent claim. For the purposes of this examination, claim 2 is being interpreted as depending from claim 1.
Claim 2 further recites “wherein the electronic circuit board comprises a moisture sensor configured to detect soil moisture level of the houseplant and to control the small water pump based on the detected soil moisture level.” However, it is unclear from this recitation if this is referring to the same “moisture sensor” previously claim in claim 1 or not.
Claim 11 recites “the houseplant soil”. There is a lack of antecedent basis. Claims 12-15 are rejected based on their dependency on a rejected base 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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yancey et al. herein Yancey (US 20130205662 A1) in view of He (US 20110173884 A1) in view of Schleicher et al. herein Schleicher (US 5315787 A) in view of Lee et al. herein Lee (KR 20210157124 A) in view of Goldberg et al. herein Goldberg (US 7607257 B2) and in view of Lchkrep (NPL cited - 6 Pack Extra Large Heavy Duty Long Outdoor Plant Hanging S Hooks).
Regarding claim 1:
Yancey discloses:
A powered houseplant watering system comprising: (abstract and figs 1-5)
a container assembly (20, Fig 1-3, para0017)
configured to support a houseplant pot, (Fig 2, supports plant 12, para0018-0019)
a slip-in container for housing electronic components, (30, para0017, 0021)
and a bottom section water reservoir; (34, para0020)
an electronic circuit board electrically connected to rechargeable batteries; (100, para0016,0021-0038)
a digital timer connected to the electronic circuit board and configured to control watering at programmed intervals; (45+44+43,claim 11, para0033-0037,0039)
a water delivery system comprising a small water pump connected to the electronic circuit board, (26, para0021-0023)
a straight feeder hose attached to the pump, (see part of 22 connected to 26, fig 2)
and a feeder hose for directing water to the houseplant; (see part of 22 proximate to 12)
a water monitoring system comprising a low water indicator connected to the electronic circuit board (36, para0032-0033)
and a low water indicator light; (para0033)
a water fill spout for refilling the water reservoir; (60+64+66, para0020+0024)
Yancey doesn’t explicitly disclose:
a container assembly comprising a snap-on lid (Yancey discloses para0025-the use of threaded connections but doesn’t explicitly disclose snap-on connection)
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the container assembly of Yancey to comprise a snap-on lid as claimed, to allow for a simple removal of the connection therebetween. 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).
Yancey as modified doesn’t disclose:
a solar powered houseplant watering system
a solar panel configured to collect light energy and convert it to electrical energy;
rechargeable batteries electrically connected to the solar panel to store electrical energy;
an electronic circuit board electrically connected to the rechargeable batteries; (Yancey discloses the use of rechargeable batteries but does not mention how they are recharged i.e. via a solar panel)
He discloses:
A solar powered houseplant watering system (abstract and figs)
a solar panel configured to collect light energy and convert it to electrical energy; (para0018)
rechargeable batteries electrically connected to the solar panel to store electrical energy; (para0023-0024)
an electronic circuit board electrically connected to the rechargeable batteries; (para0023-0024)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the powered houseplant watering system of Yancey as modified such that it was solar powered via a solar panel and rechargeable batteries as taught by He to provide for a renewable energy production method therefore lowering product maintenance costs.
Yancey as modified doesn’t disclose:
a feeder hose with a clip,
Schleicher discloses:
a feeder hose with a clip, (8, Figs 1-3, col 3 ln 57-58,
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the solar powered houseplant watering system of Yancey as modified such that it comprises a clip as taught by Schleicher to secure and anchor the feeder hose within the growth medium (Schleicher).
Yancey as modified doesn’t disclose:
and a moisture sensor configured to detect soil moisture level of the houseplant and to control the small water pump based on the detected soil moisture level.
Schleicher further discloses:
and a moisture sensor configured to detect soil moisture level of the houseplant and to control the small water pump based on the detected soil moisture level. (abstract, claim 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the solar powered houseplant watering system of Yancey as modified to comprise a moisture sensor as disclosed by Schleicher to allow for continuous and cost-effective care for house or office plants during user prolonged absence (col 3 ln 30-37 Schleicher).
Yancey as modified doesn’t disclose:
a UV water sanitizer light connected to the electronic circuit board and configured to sanitize water in the reservoir;
Lee discloses:
a UV water sanitizer light connected to the electronic circuit board and configured to sanitize water in the reservoir; (“ supplying the harmful bacteria contained in the water to be sterilized with the UV-C sterilizer 126 provided in the storage tank 123 of the storage space 120 . and growth can be managed in a healthy way”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the solar powered houseplant watering system of Yancey as modified such it comprises a UV water sanitizer light as taught by Lee connected to the electronic circuit board to sterilize harmful bacteria contained in the water such that growth can be managed in a healthy way (Lee).
Yancey as modified doesn’t disclose:
a chain with an "S" hook configured to attach the system to hanging plants;
Goldberger discloses:
a chain with an "C" hook configured to attach the system to hanging plants(6+11+eyelet, fig 1, col 2 ln 49-51)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the solar powered houseplant watering system of Yancey as modified such that it comprises a chain to attach to hanging plants as taught by Goldberger to provide for flexibility of use with hanging and stationary plants.
Yancey as modified doesn’t explicitly disclose:
an "S" hook
Lchkrep discloses:
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an "S" hook (see above)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the “c” hook of Yancey as modified by Goldberger to comprise a “S” as taught by Lchkrep to allow for an easily removable hook. 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).
Regarding claim 2:
Yancey as modified discloses claim 1 and Schleicher further discloses:
wherein the electronic circuit board comprises a moisture sensor configured to detect soil moisture level of the houseplant and to control the small water pump based on the detected soil moisture level. (abstract, claim 1)
Regarding claim 3:
Yancey as modified discloses claim 1 and Yancey further discloses:
wherein the electronic circuit board is configured to activate the small water pump to disperse a predetermined amount of water from the bottom section water reservoir at times determined by the digital timer. (45, claim 11, 0036-0037,0039,fig 5)
Regarding claim 4:
Yancey as modified discloses claim 3 but doesn’t explicitly disclose:
wherein the predetermined amount of water is approximately four ounces.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the predetermined amount of water to be four ounces as claimed to allow for only the required amount of water needed for the plant to be used thus preventing overwatering since applicant’s specification fails to disclose any criticality for using four ounces and discloses that watering is based on the plant’s needs para0012.
Regarding claim 5:
Yancey as modified discloses claim 1 and Lee further discloses:
wherein the UV water sanitizer light is configured to activate when the small water pump is running. (126, “Water supplied to the sprout seeds of the cultivation plate 260 through the spray head 250 of the cultivation tray 210 is collected in the receiving hole 223 of the tray 221 , and the collected water is collected in the receiving hole It is recovered from the 223 to the water storage tank 123 of the storage space 120 and re-supplied to each cultivation tray 200 through the irrigation body 130 in a sterilized state by the UV-C sterilizer 126. In this process, water is re-supplied in a sterilized state by the UV-C sterilizer 126, so that mycotoxins are reduced.”)
Regarding claim 6:
Yancey as modified discloses claim 1 but doesn’t explicitly disclose:
wherein the water reservoir has a capacity of approximately 48 ounces; and wherein the water reservoir comprises a capacity to store sufficient water for at least twelve days of scheduled plant watering based on the volume dispensed by the small water pump during each watering cycle. (Yancey discloses having sufficient capacity of water in reservoir for operating a watering cycle para0039)
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the water reservoir to have a capacity of 48 ounces and twelve days of scheduled plant watering as claimed to provide for automatically watering houseplants and the like at regular intervals, thus relieving the owner of the task of periodic watering (Yancey), since applicant’s specification fails to disclose any criticality for using 48 ounces or twelve days of schedule plant watering but rather discloses that watering is based on the plant’s needs para0012.
Regarding claim 7:
Yancey as modified discloses claim 1 and further discloses:
wherein the electronic components are sealed within the slip-in container to prevent water damage. (para0021)
Regarding claim 8:
Yancey as modified discloses claim 1 but doesn’t explicitly disclose:
wherein the solar panel is configured to charge the rechargeable batteries using both natural and artificial light.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the solar panel to charge the rechargeable batteries using both natural and artificial light as claimed in order to allow for operation of the system even when used indoor without sunlight access, since the examiner takes Official Notice that charging rechargeable batteries via natural light and artificial light is exceedingly well know.
Regarding claim 9:
Yancey as modified discloses claim 1 and Yancey further discloses:
wherein the water reservoir is configured to be refilled without removing the houseplant or disassembling the system. (para0020+0024)
Regarding claim 10:
Yancey as modified discloses claim 1 and Yancey further discloses:
wherein the water reservoir is configured to receive liquid fertilizers. (para0024)
Claim(s) 11,12,14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yancey in view of He and in view of Schleicher.
Regarding claim 11:
Yancey discloses:
A method of automatically watering a house plant comprising: (abstract and figs 1-5)
Positioning a powered houseplant watering system beneath a house plant (Fig 2, 20+30 are beneath plant 12)
The system comprising a container assembly (20, Fig 1-3, para0017)
With a water reservoir, (34, para0020)
Rechargeable batteries, (para0027)
an electronic circuit board, (100, para0016,0021-0038)
a digital timer, (45+44+43,claim 11, para0033-0037,0039)
and a water pump; (26, para0021-0023)
placing the houseplant pot on a threaded lid of the container assembly (12+14 placed on 30 via threaded lid 52+56)
filling the water reservoir through a water fill sprout; (60+64+66, para0020+0024)
programming the digital timer to activate the water pump at predetermined intervals; (45, claim 11, 0036-0037,0039,fig 5)
positioning a feeder hose to direct water to the houseplant soil; (see part of 22 proximate to 12)
Yancey doesn’t explicitly disclose:
a container assembly comprising a snap-on lid (Yancey discloses para0025-the use of threaded connections but doesn’t explicitly disclose snap-on connection)
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the container assembly of Yancey to comprise a snap-on lid as claimed, to allow for a simple removal of the connection therebetween. 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).
Yancey as modified doesn’t disclose:
a solar powered houseplant watering system
a solar panel,
He discloses:
A solar powered houseplant watering system (abstract and figs)
a solar panel; (para0018)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the powered houseplant watering system of Yancey as modified such that it was solar powered via a solar panel as taught by He to provide for a renewable energy production method therefore lowering product maintenance costs.
Yancey as modified doesn’t disclose:
securing the feeder hose with a clip to maintain its position.
Schleicher discloses:
securing the feeder hose with a clip to maintain its position. (8, Figs 1-3, col 3 ln 57-58,
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify method of automatically watering a houseplant of Yancey as modified such that it comprises the step of securing the feeder hose with a clip to maintain its position as taught by Schleicher to secure and anchor the feeder hose within the growth medium (Schleicher).
Regarding claim 12:
Yancey as modified discloses claim 11 and Yancey further discloses:
further comprising adding liquid fertilizer to the water reservoir. (para0024)
Regarding claim 14:
Yancey as modified discloses claim 11 and Yancey further discloses:
further comprising monitoring a low water indicator light to determine when to refill the water reservoir. (para0033)
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yancey in view of He in view of Schleicher, as applied to claim 11 above, and in view of Lee.
Regarding claim 13:
Yancey as modified discloses claim 11 but doesn’t disclose:
further comprising sanitizing the water in the reservoir using a UV water sanitizer light that activates when the water pump is running.
Lee discloses:
further comprising sanitizing the water in the reservoir using a UV water sanitizer light that activates when the water pump is running. (126, “Water supplied to the sprout seeds of the cultivation plate 260 through the spray head 250 of the cultivation tray 210 is collected in the receiving hole 223 of the tray 221 , and the collected water is collected in the receiving hole It is recovered from the 223 to the water storage tank 123 of the storage space 120 and re-supplied to each cultivation tray 200 through the irrigation body 130 in a sterilized state by the UV-C sterilizer 126. In this process, water is re-supplied in a sterilized state by the UV-C sterilizer 126, so that mycotoxins are reduced.” “ supplying the harmful bacteria contained in the water to be sterilized with the UV-C sterilizer 126 provided in the storage tank 123 of the storage space 120 . and growth can be managed in a healthy way”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of automatically watering a houseplant of Yancey as modified such that it comprises the step of sanitizing the water in the reservoir using a UV water sanitizer light that activates when the water pump is running as taught by Lee to sterilize harmful bacteria contained in the water such that growth can be managed in a healthy way (Lee).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yancey in view of He in view of Schleicher, as applied to claim 11 above, and in view of Goldberger and in view of Lchkrep.
Regarding claim 15:
Yancey as modified doesn’t disclose:
a further comprising attaching the solar powered houseplant watering system to a hanging plant using a chain with an "S" hook.
Goldberger discloses:
further comprising attaching the solar powered houseplant watering system to a hanging plant using a chain with an "C" hook. (6+11+eyelet, fig 1, col 2 ln 49-51)
It would have been obvious to one of ordinary skill in the art before the effective filing date to the method of automatically watering a houseplant of Yancey as modified such that it comprises the step of attaching the solar powered houseplant watering system to a hanging plant using a chain with an "C" hook as taught by Goldberger to provide for flexibility of use with hanging and stationary plants.
Yancey as modified doesn’t explicitly disclose:
an "S" hook
Lchkrep discloses:
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an "S" hook (see above)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the eyelet of Yancey as modified by Goldberger to comprise a “S” as taught by Lchkrep to allow for an easily removable hook. 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).
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yancey in view of He in view of Schleicher and in view of Lee.
Regarding claim 16:
Yancey discloses:
A powered plant irrigation apparatus comprising: (abstract and figs 1-5)
A housing comprising an upper portion with a plant support surface (20, Fig 1-3, para0017-0019)
And a lower portion forming a water reservoir; (34, para0020)
A programmable control system comprising an electric circuit board (100, para0016,0021-0038)
a digital timer; (45+44+43,claim 11, para0033-0037,0039)
a water delivery system comprising a water pump, (26, para0021-0023)
connecting hoses, (22, fig 2)
a water monitoring system comprising a water level sensor (36, para0032-0033)
and a low water indicator light; (para0033)
wherein the programmable control system is configured to activate the water pump according to a user-defined schedule to deliver a predetermined amount of water from the reservoir to a plant. (45, claim 11, 0036-0037,0039,fig 5)
Yancey doesn’t disclose:
a solar powered plant irrigation apparatus
a solar energy collection and storage system comprising a solar panel and
rechargeable batteries (Yancey discloses the use of rechargeable batteries but does not mention how they are recharged i.e. via a solar panel)
He discloses:
A solar powered houseplant watering system (abstract and figs)
a solar energy collection and storage system comprising a solar panel (para0018)
and rechargeable batteries (para0023-0024)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the powered plant irrigation apparatus of Yancey such that it was solar powered via a solar panel and rechargeable batteries as taught by He to provide for a renewable energy production method therefore lowering product maintenance costs.
Yancey as modified doesn’t disclose:
and a positioning clip,
Schleicher discloses:
and a positioning clip, (8, Figs 1-3, col 3 ln 57-58,
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the hose of of Yancey as modified such that it comprises a clip as taught by Schleicher secure and anchor the feeder hose within the growth medium (Schleicher).
Yancey as modified doesn’t disclose:
a water sanitation system comprising a UV light configured to activate during water pumping;
Lee discloses:
a water sanitation system comprising a UV light configured to activate during water pumping; (“ supplying the harmful bacteria contained in the water to be sterilized with the UV-C sterilizer 126 provided in the storage tank 123 of the storage space 120 . and growth can be managed in a healthy way” “Water supplied to the sprout seeds of the cultivation plate 260 through the spray head 250 of the cultivation tray 210 is collected in the receiving hole 223 of the tray 221 , and the collected water is collected in the receiving hole It is recovered from the 223 to the water storage tank 123 of the storage space 120 and re-supplied to each cultivation tray 200 through the irrigation body 130 in a sterilized state by the UV-C sterilizer 126. In this process, water is re-supplied in a sterilized state by the UV-C sterilizer 126, so that mycotoxins are reduced.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the solar powered houseplant watering system of Yancey as modified such it comprises a UV water sanitizer light as taught by Lee connected to the electronic circuit board to sterilize harmful bacteria contained in the water such that growth can be managed in a healthy way (Lee).
Regarding claim 17:
Yancey as modified discloses claim 16 but doesn’t explicitly disclose:
wherein the water pump is configured to operate for approximately 15 seconds to deliver approximately four ounces of water.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the predetermined amount of water to be four ounces within 15 seconds as claimed to allow for only the required amount of water needed for the plant to be used thus preventing overwatering since applicant’s specification fails to disclose any criticality for using such range and discloses that watering is based on the plant’s needs para0012.
Regarding claim 18:
Yancey as modified discloses claim 16 but doesn’t explicitly disclose:
wherein the water reservoir comprises a capacity to store sufficient water for at least 12 days based on the predetermined amount of water. (Yancey discloses having sufficient capacity of water in reservoir for operating a watering cycle para0039)
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the water reservoir to have a capacity to store sufficient water for twelve days based on the predetermined amount of water as claimed to provide for automatically watering houseplants and the like at regular intervals, thus relieving the owner of the task of periodic watering (Yancey), since applicant’s specification fails to disclose any criticality the twelve days of schedule plant watering but rather discloses that watering is based on the plant’s needs para0012.
Regarding claim 19:
Yancey as modified discloses claim 16 and Yancey further discloses:
wherein the housing is configured to allow water reservoir refilling without removing the apparatus from a hanging position. (para0020+0024)
Regarding claim 20:
Yancey as modified discloses claim 16 and further discloses:
wherein the electronic circuit board and other electronic components are sealed within a waterproof compartment within the housing. (para0021)
Response to Arguments
Applicant's arguments filed 06/18/2025 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that Yancey does not disclose a “digital timer”. (see pg 13)
Applicant’s arguments are not found persuasive because Yancey discloses that the function of 45+44+43 in part is:
Para0029 “To this end, the memory 42 can act to receive instructions from a user (via the input/output device 44, for example) regarding a time and duration for activating the pump 26 to water the plant 24.”
Para0037 “Graphic User Interface (GUI) 45 configured to provide two way communication with a user. To this end, GUI screen 45 can include a touch screen monitor (color or monochrome) for providing a menu of actions that a user can select for instructing the system to perform.”
Thereby disclosing a “digital timer” as claimed.
In regards to Applicant’s arguments that Yancey teaches away from “a low water indicator”. (see pg 13)
Applicant’s arguments are not found persuasive because Yancey discloses a low water indicator 36. Yancey discloses:
Para0032”The one or more sensors 36 may be any number of devices configured to monitor or determine fluid level in the reservoir 34.”
In regards to Applicant’s arguments that Yancey does not disclose “a water fill spout”. (see pg 14)
Applicant’s arguments have been fully considered and are not persuasive and/or are moot in light of the new grounds of rejection. While the claims are again rejected under 35 U.S.C. 103 as being unpatentable over Yancey, the teachings of Yancey are being interpreted differently than in the previous rejection. See rejections above.
In regards to Applicant’s arguments that Caceres does not disclose “a solar panel”. (see pg 14)
Applicant’s arguments have been fully considered and are not persuasive and/or are moot in light of the new grounds of rejection. See rejections above.
In regards to Applicant’s arguments that Yancey as modified does not disclose “a solar panel”, “a UV water sanitizer light”, “a clip to hold feeder the feeder hose” and “a chain with an “S” hook to be attached to hanging plants. (see pg 14-17)
Applicant’s arguments have been fully considered and are not persuasive and/or are moot in light of the new grounds of rejection. See rejections above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHADA M ALGHAILANI whose telephone number is (571)272-8058. The examiner can normally be reached M-F (7:30am - 4:30pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached on 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHADA ALGHAILANI/ Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643