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 Amendment
Applicant has appointed an attorney or agent to conduct all business before the Patent and Trademark Office. Double correspondence with an applicant and applicant's attorney or agent will not be undertaken. Accordingly, applicant is required to conduct all future correspondence with this Office through the attorney or agent of record. See 37 CFR 1.33.
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-8) and in the reply filed on 12/04/2025 is acknowledged.
Claims 9-15 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group or/and species, there being no allowable generic or linking claim.
Claim Objections
Claim(s) 7 is/are objected to because of the following informalities:
Claim 7 “the size or shape of said protruding section” should be changed to read --a size or shape of the protruding section--.
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 7 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 7 “further comprising an adaptor configured to adjust the size or shape of said protruding section, allowing for varied water wicking depending on the type of plant being grown.” However, the instant specification and drawings fails to disclose what the adaptor is. Specifically, paragraph 0071 of the instant specification discloses “an adaptor” that is used to adjust the size and shape of the protruding section but does not disclose what that adaptor is or any supporting structure. The present application does not sufficiently describe this limitation to one of ordinary skill in the art in order to accomplish incorporating this limitation into the invention. It is not clear, and would not be obvious to one of ordinary skill in the art as to how the adaptor is used to adjust the size and shape of the protruding section as required by claim 7. Therefore due to the factors above in regards to the level of ordinary skill in the art, the breadth of the claims, the lack of the amount of direction provided by the inventor nor existence of working examples of how the adaptor adjusts the size and shape of the protruding section, undue experimentation would be required by one of ordinary skill in the art to practice the full scope of claim 7.
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) 3,6,7 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 3 recites “the water supply for the system”. There is a lack of antecedent basis.
Claim 6 recites “the one or more planter modules”. There is a lack of antecedent basis.
Claim 7 recites: “an adaptor configured to adjust the size or shape of said protruding section”. However, it is unclear what the metes and bounds of the claim are since an adaptor is not clearly defined in the claim or the specification.
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. herein Lee (US 20160120139 A1) in view of Xu (WO 2019227643 A1) and in view of Ji (CN 111034593 A) .
Regarding claim 1:
Lee discloses:
A scalable self-watering planter system comprising: (abstract and figs)
a water reservoir for storing water; (30, fig 2, para0027)
a tank connected to said water reservoir (40, fig 2, para0027)
via a first pipe, (70, fig 2, para0031)
a float valve configured to control the water level within the tank; (90+91, fig 3, para0049-0052)
and a modular planter system interconnected with the transparent tank (50, fig 2, para0054)
via a second pipe, (80, fig 2, para0054)
Lee doesn’t disclose:
each module of said planter system comprising: a soil compartment having a plurality of holes at its bottom and a protruding section, wherein the protruding section comprises a plurality of holes at its bottom; a water compartment disposed below said soil compartment, wherein the protruding section of the soil compartment is adapted to be in contact with water from said transparent tank stored in said water compartment, wherein the water compartment comprises overflow holes for disposing excess water; and an air layer established between the soil compartment and the water compartment, promoting oxygen supply to plant roots.
Xu discloses:
each module of said planter system comprising: a soil compartment (2, fig 1)
having a plurality of holes at its bottom (5, fig 1+3)
and a protruding section, (4, fig 1+3)
wherein the protruding section comprises a plurality of holes at its bottom; (see holes in 4, fig 1+3, unnumbered)
a water compartment disposed below said soil compartment, (1, fig 1, below 2)
wherein the protruding section of the soil compartment is adapted to be in contact with water stored in said water compartment, (see water between protruding section 4 and water compartment 1)
wherein the water compartment comprises overflow holes for disposing excess water; (6, can be used to allow disposing of excess water)
and an air layer established between the soil compartment and the water compartment, promoting oxygen supply to plant roots. (see layer between 4 and 1, “The function of the convex boss 4 is to raise the convex surface when the water surface is lower than the convex boss 4 during the watering process. The upper space of the platform 4 will retain air, and there is also air in the cavity between the cultivation hole 2 and the water storage basin 1, which mimics the natural ecological state Under the growing environment, it is possible to provide air to the soil from the pores 5 on the side wall of the cultivation hole 2 and the pores 5 on the side wall of the boss 4 to improve the air permeability of the soil. The stomata 6 can be used both for ventilation and for adding water to the cavity of the cultivation hole 2 and the water storage tank 1.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modules of the planter system of Lee such that it comprises the features as taught by Xu to ensure good breathability for the plants cultivated (Xu).
Lee as modified doesn’t disclose:
a transparent tank; wherein said transparent tank allows for visual inspection of water levels;
Ji discloses:
a transparent tank; wherein said transparent tank allows for visual inspection of water levels; (9, Fig 1, “transparent water storage barrel 9”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tank of Lee as modified such that it was transparent as taught by Ji to allow for the user to see the contents within the tank.
The combination of Lee, Xu, and Ji therefore discloses:
wherein the protruding section of the soil compartment is adapted to be in contact with water from said transparent tank stored in said water compartment, (the protruding section of the soil compartment 4 of Xu is adapted to be in contact with water from the transparent tank of Lee as modified by Ji within the water compartment of Xu)
Regarding claim 2:
Lee as modified discloses claim 1 and Xu further discloses:
wherein the interior portion of the soil compartment is covered using a water permeable garden cloth. (“In order to prevent a large amount of soil from leaking from the pores into the water storage tank, absorbent cotton is provided in the pores. The absorbent cotton can ensure good water permeability and air permeability, and can block soil particles from passing through the pores.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modules of the planter system of Lee as modified such that it comprises a water permeable garden cloth as taught by Xu to ensure good water permeability and black soil from passing to the water compartment (Xu).
Regarding claim 3:
Lee as modified discloses claim 1 and Lee further discloses:
further comprising an active or passive rainwater collection mechanism adapted to direct and store collected rainwater into said water reservoir, thereby supplementing the water supply for the system. (10, fig 2, para0028+0030+0032)
Regarding claim 4:
Lee as modified discloses claim 1 and Lee further discloses:
wherein the water from said reservoir refills said transparent tank based on the level controlled by said float valve. (para0049-0052)
Regarding claim 5:
Lee as modified discloses claim 1 and Xu further discloses:
wherein the soil within the protruding section acts as a wicking mechanism to draw water upward from the water compartment to moisten the soil in the soil compartment. (“Watering, after pouring a certain amount of water, the excess water enters the cavity between the cultivation hole 2 and the water storage basin 1 through the fine hole 5, and the water in the cavity can continuously provide a source of water for the plants on the soil After one time of watering, it can last for a long time without watering,” it is further noted that the soil within the protruding section necessarily performs the function and acts as a wicking mechanism and draws water upward from the water compartment to moisten the soil compartment)
Regarding claim 6:
Lee as modified discloses claim 1 and Lee as modified by the transparent tank of Ji further discloses:
wherein said water reservoir, transparent tank, and the one or more planter modules are interconnected to facilitate a continuous supply of water to said planter system. (Fig 2, para0026-0027)
Regarding claim 7:
Lee as modified discloses claim 1 and Lee further discloses:
further comprising an adaptor configured to adjust the size or shape of said protruding section, allowing for varied water wicking depending on the type of plant being grown. (“The height of the boss 4 is 1 / 4-3 / 4 of the height of the cultivation hole 2. The height of the boss 4 should not be too high or too low. If it is too high, the amount of soil contained in the cultivation hole 2 will be reduced, and the planting rate of the plants will be reduced. If it is too low, the amount of watering will be less and the amount of water reserved will be lower. Less lead to shorter watering cycle; preferably the height is 1/2 of the height of the cultivation hole 2 can guarantee both the amount of soil and the amount of watering. The number of the bosses 4 is not less than two. The number of the bosses 4 depends on the size of the bottom surface of the cultivation hole 2. When the bottom surface of the cultivation hole 2 is large, multiple bosses 4 can be set. When the area of the bottom surface of the cultivation hole 2 is small, in order to ensure sufficient soil, reduce the setting. The number of bosses 4.”)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Xu in view of Ji, as applied to claim 1 above, and in view of Nakajma (RU 2664320 C1).
Regarding claim 8:
Lee as modified discloses claim 1 but doesn’t disclose:
wherein said water reservoir houses a supply float valve that is connected to a source of running water, allowing for constant supply of water to the planter system.
Nakajma discloses:
wherein said water reservoir houses a supply float valve that is connected to a source of running water, allowing for constant supply of water to the planter system. (Fig 22, 160 comprises 161 connected to 159 “The water source 160 shown in FIG. 22 includes a float valve 161. A float valve 161 is connected to a water supply 159. The water source 160 may maintain a constant water level inside the refueling tank 162a by means of a float valve 161.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planter system of Lee as modified such that it comprises the features as taught by Nakajma to maintain a constant water level in the water reservoir.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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/SHADA MOHAMED ALGHAILANI/Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643