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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 4, 5, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over United Kingdom Patent GB 2378633 to Robinson in view of U.S. Patent No. 5,454,183 to Antonini et al and German Patent DE 2602489 to Nichtnennung Beantragt, IcePop Drip Irrigation for Your Garden by Marcintosh, Autodesk Instructables, 29 July 2021 [retrieved from internet 25 November 2024 https://www.instructables.com/IcePop-Drip-Irrigation-for-your-garden/] 8 pages, and the freeze-fill line (how to freeze food in mason jars) Food preservation by Erica northwest edible life [retrieved from internet 30 September 2025 https://nwedible.com/the-freeze-fill-line-how-to-freeze-food-in-mason-jars/] 09 December 2013, 2 pages.
Regarding Claims 1 and 5, Robinson teaches a plant watering system comprising: a container (Robinson Fig. 1 #1), a first spout (Robinson Fig. 1 #5) comprised of a first opening, and a lid (Robinson Fig. 1 #2); an outer container comprised of a first opening, and a second spout comprised of a second opening (Robinson Fig 3 #4 second spout and top opening is first opening); and wherein the container is a glass container (Robinson page 2, second paragraph; page 3 “Figure 2” paragraph).
Robinson teaches a screw lid (Robinson #2; page 3 first bullet), but is silent on a twist lock. However, applicant does not provide criticality for the twist lock and in applicant’s specification paragraph [0037] a screw lid is a known alternate equivalent to a twist lock lid. The examiner takes official notice that twist lock lids are known lids. It would have been obvious to one of ordinary skill in the art to modify the teachings of Robinson before the effective filing date of the claimed invention with a reasonable expectation of success for ergonomic operation. The modification is merely an obvious engineering design choice derived through routine tests and experimentation to optimize operation. The modification is merely the simple substitution of one known lid configuration for another yielding predictable results and/or “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success.
Robinson as modified is silent on wherein the container further comprises a deterrent indicia resembling an owl. However, Antonini teaches the general knowledge of one of ordinary skill in the art that it is known to place deterrent indicia resembling an owl (Antonini Fig. 1 #10). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Robinson with the teachings of Antonini before the effective filing date of the claimed invention with a reasonable expectation of success to repel birds as taught by Antonini. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Robinson as modified is silent on a basket comprising a plurality of individual recessed container receiving areas each configured to retain the container in a vertical orientation within the basket. However, Nichtnennung Beantragt teaches the general knowledge of one of ordinary skill in the art that it is known to provide a basket comprising a plurality of individual recessed container receiving areas configured to retain the container in a vertical orientation within the basket (Nichtnennung Beantragt Figs 1-8 #5, #7, #3A). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Robinson with the teachings of Nichtnennung Beantragt before the effective filing date of the claimed invention with a reasonable expectation of success to transport and store a plurality of bottles at one time as taught by Nichtnennung Beantragt. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Robinson as modified is silent on teaching the container comprising a fill line and wherein the fill line is positioned on the container to indicate a desired fill level within the container that will allow for expansion of water when frozen. However, IcePop teaches the general knowledge of one ordinary skill in the art that it is known to freezing the water within a transparent container before applying to the soil/plant and it is known to leave space in the bottle for the water to expand as it freezes so the bottle won't burst (lcePop step 1). In other words, lcePop teaches a fill line to allow for expansion, but doesn’t actually mark the line on the bottle. It would have been obvious to one of ordinary skill in the art to further modify the teachings of Robinson with the teachings of IcePop before the effective filing date of the claimed invention with a reasonable expectation of success to provide irrigation to small gardens at taught by IcePop. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results. Furthermore, Erica of northwest edible life teaches the general knowledge of one of ordinary skill in the art that it is known to indicate the fill line on transparent glass bottles (Erica picture on page 1). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Robinson with the teachings of Erica before the effective filing date of the claimed invention with a reasonable expectation of success for precise ergonomic ease and operation. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Regarding Claim 4, Robinson as modified teaches wherein the container is shaped like an animal or a portion of an animal. (Robinson Fig. 3 #1 and #5 shaped like a portion of a duck body and neck; applicant doesn’t claim a specific animal nor does applicant claim the structural features of the animal).
Regarding Claim 7, Robinson as modified teaches the container is positioned within the outer container (Robinson Fig. 1 #1 in #8).
Claim(s) 11, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over United Kingdom Patent GB 2378633 to Robinson in view of German Patent DE 2602489 to Nichtnennung Beantragt, IcePop Drip Irrigation for Your Garden by Marcintosh, Autodesk Instructables, 29 July 2021 [retrieved from internet 25 November 2024 https://www.instructables.com/IcePop-Drip-Irrigation-for-your-garden/] 8 pages, and the freeze-fill line (how to freeze food in mason jars) Food preservation by Erica northwest edible life [retrieved from internet 30 September 2025 https://nwedible.com/the-freeze-fill-line-how-to-freeze-food-in-mason-jars/] 09 December 2013, 2 pages.
Regarding Claims 11 and 15, Robinson teaches a method of using a plant watering system, the method comprising the following steps: providing a plant watering system comprised of a container (Robinson #1), but Robinson is silent on placing the container in a basket comprising a plurality of individual recessed container receiving areas each configured to retain the container in a vertical orientation within the basket. However, Nichtnennung Beantragt teaches the general knowledge of one of ordinary skill in the art that it is known to provide a basket comprising a plurality of individual recessed container receiving areas configured to retain the container in a vertical orientation within the basket (Nichtnennung Beantragt Figs 1-8 #5, #7, #3A). It would have been obvious to one of ordinary skill in the art to modify the teachings of Robinson with the teachings of Nichtnennung Beantragt before the effective filing date of the claimed invention with a reasonable expectation of success to transport and store a plurality of bottles at one time as taught by Nichtnennung Beantragt. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Robinson as modified is silent on a fill level within the container that will allow for expansion of water when frozen; filling the container with water up to the fill line; freezing the water within the container. However, IcePop teaches the general knowledge of one ordinary skill in the art that it is known to freezing the water within a transparent container before applying to the soil/plant and it is known to leave space in the bottle for the water to expand as it freezes so the bottle won't burst (lcePop step 1). In other words, lcePop teaches a fill line to allow for expansion, but doesn’t actually mark the line on the bottle. It would have been obvious to one of ordinary skill in the art to further modify the teachings of Robinson with the teachings of IcePop before the effective filing date of the claimed invention with a reasonable expectation of success to provide irrigation to small gardens at taught by IcePop. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results. Furthermore, Erica of northwest edible life teaches the general knowledge of one of ordinary skill in the art that it is known to indicate the fill line on transparent glass bottles (Erica picture on page 1). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Robinson with the teachings of Erica before the effective filing date of the claimed invention with a reasonable expectation of success for precise ergonomic ease and operation. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Robinson as modified teaches placing the container in a soil of a plant at an angle between 0 and 180 degrees (Robinson Fig. 1 angle of 90 degrees with the ground which is between 0 and 180 degrees and IcePop “180” or “0” degrees). The modification is merely an obvious design choice derived through routine tests and experimentation to adjust to topography, plant location, and/or desired rate of discharge. It would have been obvious to one of ordinary skill in the art to further modify the teachings of Robinson before the effective filing date of the claimed invention with a reasonable expectation of success. The modification is merely “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success. Applicant does not provide criticality for the claimed range in the specification
Robinson as modified teaches the container can be metal (Robinson claim 3), but is silent on explicitly teaching aluminum. However, the modification is merely an obvious engineering design choice derived through routine tests and experimentation for known light weight physical properties. The modification is merely “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success and/or the selection of a known material for intended use [Leshin 125 USPQ 416].
Robinson as modified teaches a screw lid (Robinson #2) and a rubber closure (Robinson page 3 Figure 2 section), but is silent on explicitly teaching unsnapping a lid of the container
snapping the lid back onto the container. However, applicant does not provide criticality for the snap lock and in applicant’s specification paragraph [0037] a screw lid is a known alternate equivalent to a snap lock lid. The examiner takes official notice that snap lock lids are known lids. It would have been obvious to one of ordinary skill in the art to further modify the teachings of Robinson before the effective filing date of the claimed invention with a reasonable expectation of success for ergonomic operation. The modification is merely an obvious engineering design choice derived through routine tests and experimentation to optimize operation. The modification is merely the simple substitution of one known lid configuration for another yielding predictable results and/or “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success.
Regarding Claim 14, Robinson as modified teaches wherein the container is shaped like an animal or a portion of an animal. (Robinson Fig. 3 #1 and #5 shaped like a portion of a duck body and neck; applicant doesn’t claim a specific animal nor does applicant claim the structural features of the animal).
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over United Kingdom Patent GB 2378633 to Robinson in view of German Patent DE 2602489 to Nichtnennung Beantragt, IcePop Drip Irrigation for Your Garden by Marcintosh, Autodesk Instructables, 29 July 2021 [retrieved from internet 25 November 2024 https://www.instructables.com/IcePop-Drip-Irrigation-for-your-garden/] 8 pages, and the freeze-fill line (how to freeze food in mason jars) Food preservation by Erica northwest edible life [retrieved from internet 30 September 2025 https://nwedible.com/the-freeze-fill-line-how-to-freeze-food-in-mason-jars/] 09 December 2013, 2 pages as applied to claim 11 above and further in view of U.S. Patent No. 5,454,183 to Antonini et al
Regarding Claim 12 and 13, Robinson as modified is silent on wherein the container further comprises an indicia. However, Antonini teaches the general knowledge of one of ordinary skill in the art that it is known to place deterrent indicia resembling an owl (Antonini Fig. 1 #10). It would have been obvious to one of ordinary skill in the art to modify the teachings of Robinson with the teachings of Antonini before the effective filing date of the claimed invention with a reasonable expectation of success to repel birds as taught by Antonini. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results. Alternatively, containers are old and notoriously well-known to have labels, advertisements, trademark names, stickers. Placing and indicia on a container is an old and notoriously well-known advertising measure and does not present a patentable distinction over the prior art of record. Them modification is merely the application of a known technique to a known device ready for improvement to yield predictable results and/or “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success.
Claim(s) 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 2,837,869 to Chatten in view of U.S. Patent No. 5,454,183 to Antonini et al, lcePop Drip Irrigation for Your Garden by Marcintosh, Autodesk Instructables, 29 July 2021 [retrieved from internet 25 November 2024 https://www.instructables.com/IcePop-Drip-Irrigation-for-your- garden/] 8 pages; the freeze-fill line (how to freeze food in mason jars) Food preservation by Erica northwest edible life [retrieved from internet 30 September 2025 https://nwedible.com/the-freeze-fill-line-how-to-freeze-food-in-mason-jars/] 09 December 2013, 2 pages; and PCT WO 2008/129310 to Williams et al.
Regarding Claim 16, Chatten teaches a method of using a plant watering system, the method comprising the following steps: providing a plant watering system comprised of a container (Chatten Fig. 4 #14) and placing the container in a soil of a plant at an angle of 45 (Chatten Fig. 4). Chatten appears to teach in Figure 4 placement at the claimed angle, but alternatively is silent on explicitly teaching 45 degrees. However, the modification is merely an obvious design choice derived through routine tests and experimentation to adjust to topography, plant location, and/or desired rate of discharge. It would have been obvious to one of ordinary skill in the art to modify the teachings of Chatten before the effective filing date of the claimed invention with a reasonable expectation of success. The modification is merely “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success. Applicant does not provide criticality for the claimed range in the specification.
Chatten as modified is silent on wherein the container further comprises a deterrent indicia resembling an owl. However, Antonini teaches the general knowledge of one of ordinary skill in the art that it is known to place deterrent indicia resembling an owl (Antonini Fig. 1 #10). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Chatten with the teachings of Antonini before the effective filing date of the claimed invention with a reasonable expectation of success to repel birds as taught by Antonini. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Chatten as modified is silent on a fill line and wherein the fill line is positioned on the container to indicate a desired fill level within the container that will allow for expansion of water when frozen. However, IcePop teaches the general knowledge of one ordinary skill in the art that it is known to freezing the water within the container before applying to the soil/plant and it is known to leave space in the bottle for the water to expand as it freezes so the bottle won't burst (IcePop step 1). In other words, IcePop teaches a fill line to allow for expansion, but doesn’t actually mark the line on the bottle. It would have been obvious to one of ordinary skill in the art to further modify the teachings of Chatten with the teachings of IcePop before the effective filing date of the claimed invention with a reasonable expectation of success to provide irrigation to small gardens at taught by IcePop. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results. Furthermore, Erica of northwest edible life teaches the general knowledge of one of ordinary skill in the art that it is known to indicate the fill line on transparent glass bottles (Erica picture on page 1). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Chatten with the teachings of Erica before the effective filing date of the claimed invention with a reasonable expectation of success for precise ergonomic ease and operation. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results
Chatten as modified is silent on adding an additive to the water; wherein the additive is a pH adjuster. However, Williams teaches the general knowledges of one of ordinary skill in the art that it is known to add a pH adjuster to plant water (Williams page 12 lines 6-11). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Chatten with the teachings of Williams before the effective filing date of the claimed invention with a reasonable expectation of success to accelerate plant establishment as taught by Williams. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Regarding Claim 20, Chatten as modified teaches wherein the container is shaped like an animal or a portion of an animal. (Chatten Fig. 4 #14 and #20a resembles a head and beak of a bird; applicant doesn’t claim a specific animal nor does applicant claim the structural features of the animal, Chatten structure satisfies the broad nature of the claim).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, 5, 7, 11-16, 20 have been considered but are moot because the new ground of rejection.
Applicant provides no criticality in the specification for the style of lid and the specification supports that different styles are non-alternate equivalents whether they are screw, snap, twist, or hinge. A change in lid style is merely an obvious engineering design choice for one of ordinary skill in the art and does not present a patentable limitation over the prior art of record. The modification is merely the simple substitution of one known lid style for another to obtain predictable results.
It is old and notoriously well-known to storage and transport bottles in a basket comprising a plurality of individual recessed container receiving areas to retain the container in a vertical orientation as taught by Nichtnennung Beantragt.
Robinson explicitly teaches a glass container (Robinson claim 3). Also, Robinson teaches that the container can also be fabricated out of metal, but is silent on explicitly teaching aluminum. However, the modification is merely “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success and/or the selection of a known material for intended use [Leshin 125 USPQ 416].
Adding pH adjusters to plant irrigation fluids is old and notoriously well-known. It would have been obvious to one of ordinary skill in the art to further modify the teachings of Chatten with the teachings of Williams before the effective filing date of the claimed invention with a reasonable expectation of success to accelerate plant establishment as taught by Williams. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
It is the examiner’s position that primary references of Robinson and Chatten teach the general knowledge of one of ordinary skill in the art that it is known to provide a container with a lid and to place it in an outer container and insert it in the ground at a variety of angles to distribute water and nutrients to a plant. Modifications to different lid styles, different container materials, different angles, container shapes or indicia are merely obvious engineering design choices support as known modifications by the prior art of record. In addition, the prior art of record to IcePop and Erica teach that it is known to freeze water in containers to a fill line that allows for expansion of the water during freezing. IcePop teaches explicitly for plant irrigation.
The examiner maintains that applicant hasn’t patentably distinguished over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREA M VALENTI whose telephone number is (571)272-6895. The examiner can normally be reached Available Monday and Tuesday only, eastern time.
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/ANDREA M VALENTI/Primary Examiner, Art Unit 3643
30 September 2025