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 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 and 10is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Smith et al US 2018/0213734.
Regarding claim 1, Smith discloses a system for growing a plant, comprising: a vertical growing structure (2200) having a plurality of interconnected walls, the walls partially enclosing a cavity (Smith, Figure 22), an aperture (Smith, Figure 23) disposed through one of the plurality of interconnected walls, a growing media (2309) disposed in the cavity, wherein roots of the plant are growable into the growing media; and an insert (Smith, Figure 24) received through the aperture, the insert including a supporting member (2301) protruding from the aperture, a first wing (2403) extending transversely from the supporting member, a second wing (2403) extending transversely from the supporting member opposite the first wing, the first wing and the second wing trapped between the growing media and the one of the plurality of interconnected walls for retaining the insert in the aperture (Smith, Figure 23), the supporting member supporting stems of the plant and diverting water from the plant towards the cavity.
Regarding claim 2, Smith further discloses an additional insert received in the aperture above the insert (Smith, Figure 22).
Regarding claim 3, Smith further discloses the insert and the additional insert are vertically spaced apart from one another, the insert and the additional insert vertically surrounding the stems of the plant (Smith, Figure 22).
Regarding claim 4, Smith further discloses the insert and the additional insert are vertically disposed against one another (Smith, Figure 22).
Regarding claim 5, Smith further discloses the aperture is a vertical slit extending along a vertical length of the one of the plurality of walls (Smith, Figure 22).
Regarding claim 10, Smith further discloses the supporting member slopes upwardly protruding from the aperture (Smith, ¶0008).
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al US 2018/0213734.
Regarding claim 11, Smith further discloses the supporting member having a base portion (2401) disposed between the first and second wings. Smith fails to disclose a semi-circular cross section but discloses alternate embodiments of the invention having supporting members comprising semi-circular cross sections, and that the shape of the supporting member is not limited to the disclosed embodiments (Smith, ¶0069). It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the invention to modify the shape of an upper portion of the supporting member of Smith to be semi-circular depending on the desired orientation and display of the supporting member.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al US 2018/0213734 in view of Graber US 2016/0050863.
Regarding claim 12, Smith discloses the system of claim 1 but fails to disclose the first and second wings being ribbed. Graber teaches first and second wings of a supporting member being ribbed (46, 48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the first and second wings of Smith so that they were ribbed as taught by Graber as to assist in a friction fit of the wings with the walls and media.
Allowable Subject Matter
Claims 6-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to disclose or suggest a system for growing a plant comprising cover plate as claimed.
US 20190269080 discloses s system for growing a plant but differs from the instant invention in that first and second wings of support members are configured to be exterior to the wall and growing medium (US 20190269080, ¶0035), not trapped between the growing media and wall as claimed.
Response to Arguments
Applicant's arguments filed 06/26/2025 have been fully considered but they are not persuasive.
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., the first and second wing being trapped between the growing media and the plurality of interconnected walls for retaining the insert in the aperture) 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). Smith is capable of performing the broadly claimed functional retaining. The applicant states that Smith does not disclose edge features engaging the matrix media (Applicant’s response, ¶04 of page 5), however this limitation is not present in the claims.
Conclusion
THIS ACTION IS MADE FINAL. 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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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642