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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
Claims 7, 11, 27-35, and 37 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only and cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims 7, 11, 27-35, and 37 not been further treated on the merits.
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.
Claims 1-37 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.
The claims are replete with errors that render their intentions indiscernible. The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Line 2 of claims 2 and 15 recite the limitation of “at least one perforated air cushion”. It is unclear if this is the same air cushion of claim 1 or an additional air cushion.
It is unclear it the upper and lower perforated cushions of claim 3 are part of the perforated cushion of claim 1 or additional cushions
Claims containing insufficient antecedent basis for claim limitations are listed below:
Claim 2: the plant roots
Claim 3: the plurality of fertilizer chemical compounds
Claim 4: the surfaces
Claim 6: the plurality of fertilizer chemical compounds; the nutrient brick
Claim 8: the mid area; the plant pot; the capillary action
Claim 9: the top surface and the bottom surface; the plurality of apertures; the hollow inside; the root penetration
Claim 10: the substrate
Claim 12: the upper perforated air cushion; the air channels
Claim 13: the lower perforated air cushion; the bottom of the plant pot
Claim 14: the plurality of apertures
Claim 15: the plurality of apertures; the protrusions for the root penetration; the plant roots
Claim 16: the upper perforated air cushion; the lower perforated air cushion; the top perforated layer; the extended wing; the extended empty space under the wing; the air channels
Claim 17: the plurality of air channels
Claim 18: the plurality of different fertilizer supplements
Claim 19: the upper perforated air cushion; the lower perforated air cushion; the improved absorption efficacy
Claim 20: the lower perforated air cushion; the bottom of a plant pot; the substrate; the substrate; the pot height; the upper perforated air cushion; the water reservoir at the plant pot bottom; the plant pot
Claim 21: the substrate ventilation
Claim 22: the plurality of apertures; the control-release chemical compound
Claim 23: the nutrient brick/platelet
Claim 24: the control-release barrier film
Claim 25: the nutrient brick/ the nutrient platelet
Claim 26: the substrate
Claim 36: the plant roots
The term “an appropriate control-release mechanism” occurs repeatedly within the claims. This term renders the claim indefinite, as a way to determine an appropriate mechanism has not been defined by the disclosure of the invention.
The term “any appropriate means” occurs repeatedly within the claims. This term renders the claim indefinite, as a means has not been defined by the disclosure of the invention.
The term “any convenient shape” occurs repeatedly within the claims. This term renders the claim indefinite, a way to determine what is convenient has not been defined by the disclosure of the invention.
The term “taller” in claim 13 is a relative term which renders the claim indefinite. The term “taller” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 24 contains the limitation “with/(or alternatively without)”. It is unclear if the limitations following this phrase are intended to be included as part of the device.
It is unclear if “a group of multi-nutrient bricks” of claim 21 additional nutrient bricks or if additional bricks are being claimed.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1, 5, 10, and 36 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Allard US 2021/0368694.
Regarding claim 1, Allard discloses an air cushion capable of performing the functional limitations of the claim (Allard, abstract).
Regarding claim 5, Allard discloses a fertilizer conveyance device comprising a surface and capable of performing the functional limitations of the claim (Allard, abstract).
Regarding claim 10, Allard discloses a plant root air pruning device comprising at least an air channel characterized by a plurality of apertures (in that the device of Allard is permeable) and capable of performing the functional limitations of the claim.
Regarding claim 36, Allard discloses a plant root air pruning device comprising a perforated air cushion (Allard, abstract) capable of performing the functional limitations of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642