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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 24 is 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 pre-AIA the applicant regards as the invention.
Claim 24 is rejected as being dependent from a cancelled claim 21. For purposes of examination, claim 24 is being treated as dependent from claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 9-10, 12-13, 17-20 and 24-28 are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Yueh (U.S. Patent Application Publication No. 2016/0122071).
For claim 1, Yueh discloses a planting mat (as shown in Fig. 1), comprising:
a first layer,
a second layer joined to the first layer at least partially by their longitudinal or transverse edges,
at least one rigid panel arranged between the first layer and the second layer (as discussed in [0058]: “the panels are made of an essentially non-bendable material insert, sandwiched in between two layers of fabric”),
and a plurality of longitudinal and transverse folding lines dividing the planting mat into areas (as discussed in [0054]) including a plurality of base panels (Fig. 6: 100, 201, 202, 203, 204) and frame panels (Fig. 6: 301, 302, 303, 304),
the first layer and the second layer being repeatably foldable along the plurality of longitudinal and transverse folding lines (as discussed in [0053]) and releasably fastenable at corners (as discussed in [0056] and shown in Figs. 22-25) to form at least a first planting mat configuration being a larger tray configuration (as shown in Figs. 17-25), a second planting mat configuration being a smaller tray configuration (Figs. 8-16), and a third planting mat configuration being a compact storage configuration (as discussed in [0052]),
wherein when the planting mat is in the first and second planting mat configurations, the base panels (Fig. 6: 100, 201, 202, 203, 204) are oriented so as to lie along one or more first planes substantially parallel to one another and the frame panels (Fig. 6: 301, 302, 303, 304) are oriented so as to extend in an up-down direction that is transverse to the first planes (as shown in Figs. 8-25);
wherein the larger and smaller tray configurations are configured to house therein a plant received from above in the up-down direction and are further configured to inhibit the spread of dirt located therein to an area outside the frame panels (as such that Figs. 8-25 show an open top of the planting mat to allow access into the interior of the mat when in the larger and smaller tray configurations), and
wherein in the larger tray configuration (as shown in Fig. 17), the planting mat is not folded at a first longitudinal folding line, a first transverse folding line, a second transverse folding line, and a third transverse folding line (as shown in the annotated
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Fig. 17 below),
wherein in the smaller tray configuration, the planting mat is folded at the first transverse folding line (as shown in Figs. 8-13: defined at a vertical corner) and one of the second transverse folding line and the third transverse folding line (Figs. 8 and 10-13: defined at both transverse lowermost edges),
wherein the planting mat is not folded at a central longitudinal folding line of the plurality of longitudinal folding lines in the smaller and larger tray configurations (There being no central longitudinal folding line in the mat. In the alternative, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the planting mat of Yueh to include a central longitudinal folding line for compact storage when folded.), and
wherein in the compact storage configuration, the planting mat is folded at the first longitudinal folding line, the first transverse folding line, the second transverse folding line, and the third transverse folding line (as discussed in [0052] where the planting mat is folded at all of the folding lines to the size of base panel 100).
For claim 2, Yueh discloses the planting mat of claim 1, wherein the first layer comprises two longitudinal edges parallel with each other and two transverse edges parallel with each other (as shown in Fig. 1).
For claim 3, Yueh discloses the planting mat of claim 2, wherein at least one of the longitudinal folding lines or at least one of the transverse folding lines join together the first layer and the second layer (as discussed in the first sentence of [0058]).
For claim 4, Yueh discloses the planting mat of claim 3, wherein the longitudinal folding lines are parallel to the longitudinal edges (as shown in Fig. 1).
For claim 5, Yueh discloses the planting mat of claim 3, wherein the transverse folding lines are parallel to the transverse edges (as shown in Fig. 1).
For claim 9, Yueh discloses the planting mat according to claim 4, wherein the first longitudinal folding line is in the middle of the planting mat (as shown in Fig. 1).
For claim 10, Yueh discloses the planting mat according to claim 9, wherein a second longitudinal folding line and a third longitudinal folding line are located at a distance away from the longitudinal edges (as shown in the annotated Fig. 17 above).
For claim 12, Yueh discloses the planting mat according to claim 2, wherein: the first layer comprises at least three folding lines joining together the first layer and the second layer (as shown in the annotated Fig. 17 above), the at least three folding lines being longitudinal folding lines and/or transverse folding lines, and each said area neighbors at least three of the at least three folding lines (as shown in the annotated Fig. 17 above).
For claim 13, Yueh discloses the planting mat according to claim 1, wherein the first layer and the second layer are made of same material (as discussed in [0058]).
For claim 17, Yueh discloses the planting mat according to claim 1, wherein the planting mat comprises two base panels (Fig. 6: 201, 202) and six frame panels neighboring the longitudinal and transverse edges (Fig. 6: 301, 302, 303, 304 and the pair of panels therebetween 301, 302).
For claim 18, Yueh discloses the planting mat according to claim 1, wherein the planting mat comprises four base panels (Fig. 6: 201, 202, 203, 204) and eight frame panels neighboring the longitudinal and transverse edges (Fig. 6: 301, 302, 303, 304 and the pair of panels therebetween 301, 302 and 302, 303 and 303, 304 and 304, 301).
For claim 19, Yueh discloses the planting mat according to claim 1, wherein the planting mat comprises six base panels (Fig. 6: 201, 202, 203, 204 and the pair of panels therebetween 201, 202) and ten frame panels neighboring the longitudinal and transverse edges (Fig. 6: 301, 302, 303, 304 and the pair of panels therebetween 301, 302 and 302, 303 and 303, 304).
For claim 20, Yueh discloses the planting mat according to claim 1, wherein the planting mat comprises eight base panels (Fig. 6: 201, 202, 203, 204 and the pair of panels therebetween 201, 202 and 202, 203) and twelve frame panels neighboring the longitudinal and transverse edges (Fig. 6: 301, 302, 303, 304 and pair of panels therebetween 301, 302 and 302, 303 and 303, 304 and 304, 301).
For claim 24, Yueh discloses the planting mat according to claim 21,wherein in the smaller tray configuration (Figs. 8-16), half of the tray is configured to have three panels from among the base panels and the frame panels on top of each other (Fig. 8 shows at least three sides of the tray having a frame panel on top of a base panel).
For claim 25, Yueh discloses the planting mat according to claim 1, wherein the compact storage configuration is configured to have eight panels from among the base panels and the frame panels on top of each other (as discussed in [0052] where the planting mat is folded at all of the folding lines to the size of base panel Fig. 6: 100).
For claim 26, Yueh discloses the planting mat according to claim 1, wherein a first number of the base panels (Figs. 6: 201, 202, 203, 204) are stackable (able to be stacked on each other as the base panels on opposing longitudinal sides of the base panel 100 can be positioned below base panel 100) on each other when the planting mat is in the smaller tray configuration (Figs. 8-16) and a second number of the base panels are stackable on each other when the planting mat is in the compact storage configuration (as discussed in [0052] where the planting mat is folded at all of the folding lines to the size of base panel Fig. 6: 100), the first number being greater than 1, and the second number being greater than the first number.
For claim 27, Yueh discloses the planting mat according to claim 1, wherein no base panels are stacked on one another when the planting mat is in the larger tray configuration (as shown in Figs. 17-25, no panels are stacked).
For claim 28, Yueh discloses the planting mat according to claim 1, wherein at least two of the transverse and longitudinal folding lines are spaced apart from one another a distance sufficient to promote upright orientation of the frame panels when the planning mat is in the larger and smaller tray configurations (as shown in Figs. 8-25), and wherein the frame panels having a height sufficient to restrict outward bowing thereof when the planting mat is in the larger and smaller tray configurations (as shown in Figs. 8-25).
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 6-8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yueh (U.S. Patent Application Publication No. 2016/0122071), as above.
For claim 6, Yueh discloses the invention substantially as claimed, but fails to show wherein the first transverse folding line is in the middle of the planting mat. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Yueh to include the first transverse folding line in the middle of the planting mat for the advantage of easily folding the mat, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
For claim 7, Yueh discloses the planting mat according to claim 6, wherein the second transverse folding line and the third transverse folding line are between the first transverse folding line (as modified in claim 6 where the first transverse folding line is in the middle of the planting mat) and the transverse edges (as shown in the annotated Fig. 17 above).
For claim 8, Yueh discloses the planting mat according to claim 7, wherein a fourth transverse folding line and a fifth transverse folding line (as shown in the annotated Fig. 17 above) are located at a distance away from the transverse edges (as shown in the annotated Fig. 17 above).
For claim 14, Yueh discloses the invention substantially as claimed including the mat made of polyvinyl chloride and polyester (as discussed in [0049]), but fails to show wherein the first layer is made of polyurethane glue coated nylon. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Yueh to include the first layer made of polyurethane glue coated nylon for the advantage of providing a durable, waterproof material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious choice. In re Leshin, 125 USPQ 416.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yueh (U.S. Patent Application Publication No. 2016/0122071) in view of Rothschild et al. (U.S. Patent No. 7,845,508).
For claim 15, Yueh discloses the invention substantially as claimed including the at least one rigid panel is made of plastics, such as polyvinyl chloride (as discussed in [0058]), but fails to show wherein the panel is made of polypropylene. Rothschild et al. discloses a planting mat (the abstract discusses the convertible device is a “mat” which can be used for the intended purpose), comprising: a first layer (Fig. 13: top surface 1302), a second layer (Fig. 13: bottom surface 1302) joined to the first layer; and at least one rigid panel (Col. 14, lines 43-44; Col. 27, lines 48-49: 1301) arranged between the first layer and the second layer (as shown in Fig. 13); wherein the panel is made of polypropylene (Col. 14, lines 43-46: 1301). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the panel of Yueh to include the rigid panel as taught by Rothschild et al. for the advantage of providing a durable, waterproof material.
For claim 16, Yueh discloses the planting mat according to claim 1, wherein the planting mat comprises four male and female releasable attachment pairs configured to releasably fasten the corners and form at least the larger and smaller tray configurations (as discussed in [0055]), but fails to show wherein the planting mat comprises four male and female button snap pairs configured to releasably fasten the corners and form at least the tray configurations. Rothschild et al. discloses a planting mat (the abstract discusses the convertible device is a “mat” which can be used for the intended purpose), comprising: the planting mat comprises four male and female button snap pairs (Col. 10, lines 41-49; Col. 12, lines 15-20; and Figs. 2A-2B: 205, 206) configured to releasably fasten the corners and form at least some of the different tray configurations. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Yueh to include the four male and female button snap pairs as taught by Rothschild et al. for the advantage of maintaining the shape of the tray configurations.
Response to Arguments
Applicant’s arguments with respect to claims 1-10, 12-20 and 24-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 DANIELLE A CLERKLEY whose telephone number is (571)270-7611. The examiner can normally be reached 8:30AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 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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/DANIELLE A CLERKLEY/ Examiner, Art Unit 3643
/PETER M POON/ Supervisory Patent Examiner, Art Unit 3643
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