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
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 51, 54-56, 60-62, 64, 65, 67, 69, and 71-77 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (US 20100146855 A1) in view of Chen (CN 104528943 A).
Regarding claim 51, Ma discloses a plant-growing container comprising:
a base (container 2, rear side 24; Fig. 3);
a rim defining an orifice that is opposite the base, wherein the orifice is configured to receive a removable seed receptacle (front open end 22; Fig. 3); and
a wall extending from the base to the rim, the wall forming: a first aperture, (lower side 21, upper side 23, opening 231; Fig. 3), and
wherein in an upright orientation in which a length from the base to the rim is perpendicular to a ground surface, the first aperture is on a side of the plant-growing container (Figs. 3 & 4, show if container is oriented such that a length from the base to the rim is perpendicular to a ground surface, opening 231 is on a side of the container),
wherein the plant-growing container is configured to be removably inserted in an upward orientation into a port of a module of a plant-growing system (Fig. 7), wherein in the upward orientation the first aperture faces upward and is configured to receive fluid from above (Fig. 2; ¶ 0020, lines 14-21, “the openings 231 in the containers 2, which engage respectively the engaging grooves 18 in a first row of the array, correspond respectively to the inlet holes 16 in the top plate 12 of the main frame 1 such that the liquid from each inlet hole 16 in the main frame 1 can flow into the inner receiving space 20 in a corresponding one of the containers 2 engaging respectively the engaging grooves 18 in the first row of the array through the opening 231 in the same”).
Ma, however, fails to specifically disclose a second aperture, the second aperture configured to mate with a corresponding engagement member of the removable seed receptacle as the removable seed receptacle is received through the orifice of the plant-growing container to secure the removable seed receptacle to the plant-growing container, wherein the engagement member is configured to fit within the second aperture.
Chen is in the field of plant growth containers and teaches a second aperture (limiting holes 233; Fig. 2), the second aperture configured to mate with a corresponding engagement member of the removable seed receptacle as the removable seed receptacle is received through the orifice of the plant-growing container to secure the removable seed receptacle to the plant-growing container, wherein the engagement member is configured to fit within the second aperture (¶ 0061, “A flange ring 232 is provided on the top 23. Several figure-eight shaped limiting holes 233 are provided on the flange ring 232. Preferably, there are four limiting holes 233 evenly distributed on the flange ring 232. More than two limiting holes 233 can achieve the functions of locking and positioning. The limiting holes 233 include a large hole 234 and a small hole 235 and a connecting groove 236 connecting the large hole 234 and the small hole 235. The diameter of the large hole 234 is larger than the diameter of the convex ball 151. The diameter of the small hole 235 is larger than the diameter of the connecting rod 152 but smaller than the diameter of the convex ball 151. The side of the connecting groove 236 is arc-shaped and the width of the smallest part of the connecting groove 236 is slightly smaller than the diameter of the connecting rod 152. The connector 15 is inserted into the limiting hole 233 and rotated to secure the connector 15 in the limiting hole 233”).
Therefore, it would have been obvious to one of ordinary skill in the art of plant growth containers before the effective filing date of the claimed invention to modify the device of Ma to include a second aperture, the second aperture configured to mate with a corresponding engagement member of the removable seed receptacle as the removable seed receptacle is received through the orifice of the plant-growing container to secure the removable seed receptacle to the plant-growing container, wherein the engagement member is configured to fit within the second aperture, as taught by the engagement members of Chen. This would allow for a secure connection between the container and seed receptacle, providing resistance to unwanted vertical and rotational movement. The modification would have a reasonable expectation of success.
Regarding claim 54, Ma in view of Chen discloses the device of claim 51.
Ma discloses wherein the wall extends around an entire perimeter of the base (Fig. 3 shows the walls of the lower and upper sides of the container extend around an entire perimeter of the base of the container 2).
Regarding claim 55, Ma in view of Chen discloses the device of claim 51.
Ma discloses wherein the wall forms a third aperture (through holes 211; Figs. 2 & 5).
Regarding claim 56, Ma in view of Chen discloses the device of claim 55.
Ma discloses wherein the first aperture is larger than the third aperture (Fig. 2, openings 231 are larger than through holes 211).
Regarding claim 60, Ma in view of Chen discloses the device of claim 51.
Ma discloses wherein the plant-growing container is configured to receive a fluid circulating through the plant-growing system through the first aperture (¶ 0020, lines 14-21).
Regarding claim 61, Ma in view of Chen discloses a plant-growing system comprising: a plurality of modules forming at least a portion of a planting column; and the plant-growing container of Claim 51, wherein the plant-growing container is configured to be removably received within one of the plurality of modules (Ma; Fig. 7).
Regarding claim 62, Ma discloses a plant-growing container comprising:
a base (container 2, rear side 24; Fig. 3);
a rim defining an orifice that is opposite the base, wherein the orifice is configured to receive a removable seed receptacle (front open end 22; Fig. 3);
a wall extending from the base to the rim (lower side 21, upper side 23; Fig. 3), the wall forming a first aperture in a portion of the wall oriented vertically upward when the plant-growing container is inserted in an upward orientation into a port of a module of a plant-growing system (opening 231; Figs. 3 & 7);
Ma, however, fails to specifically disclose an engagement portion positioned between the rim and the base configured to engage a corresponding engagement member of the removable seed receptacle as the removable seed receptacle is received through the orifice of the plant-growing container to secure the removable seed receptacle to the plant-growing container, wherein the engagement portion comprises one of a protrusion or slot and the engagement member comprises the other of the protrusion or the slot.
Chen teaches an engagement portion positioned between the rim and the base configured to engage a corresponding engagement member of the removable seed receptacle as the removable seed receptacle is received through the orifice of the plant-growing container to secure the removable seed receptacle to the plant-growing container (¶ 0061), wherein the engagement portion comprises one of a protrusion or slot and the engagement member comprises the other of the protrusion or the slot (limiting holes 233; Fig. 2 shows limiting holes 233 are positioned between rim portion of ring 232 and bottom 24 of planting basket 2).
Therefore, it would have been obvious to one of ordinary skill in the art of plant growth containers before the effective filing date of the claimed invention to modify the device of Ma to include an engagement portion positioned between the rim and the base configured to engage a corresponding engagement member of the removable seed receptacle as the removable seed receptacle is received through the orifice of the plant-growing container to secure the removable seed receptacle to the plant- growing container, wherein the engagement portion comprises one of a protrusion or slot and the engagement member comprises the other of the protrusion or the slot, as taught by the engagement members of Chen. This would allow for a secure connection between the container and seed receptacle, providing resistance to unwanted vertical and rotational movement. The modification would have a reasonable expectation of success.
Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ma in view of Chen such that the engagement portion is positioned in the wall between the rim and the base, in order to accommodate mating with corresponding engagement members located laterally on compatible seed receptacles. since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C); In re Japikse, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 64, Ma in view of Chen discloses the device of claim 62.
Ma discloses wherein the wall extends around an entire perimeter of the base (Fig. 3 shows the walls of the lower and upper sides of the container extend around an entire perimeter of the base of the container 2).
Regarding claim 65, Ma in view of Chen discloses the device of claim 62.
Ma discloses wherein the wall forms a second aperture (through holes 211; Figs. 2 & 5).
Regarding claim 67, Ma in view of Chen discloses the device of claim 65.
Ma discloses wherein the first aperture is larger than the second aperture (Fig. 2, openings 231 are larger than through holes 211).
Regarding claim 69, Ma in view of Chen discloses the device of claim 62.
Ma discloses wherein the plant-growing container is configured to receive a fluid circulating through the plant-growing system through the first aperture (¶ 0020, lines 14-21).
Regarding claim 71, Ma in view of Chen discloses the device of claim 51, and furthermore, the modified reference teaches wherein the second aperture of the plant-growing container is configured to restrict rotational and/or lateral movement of the removable seed receptacle when engaged (Chen; ¶ 0061).
Regarding claim 72, Ma in view of Chen discloses the device of claim 51, and furthermore, the modified reference teaches wherein the engagement member of the removable seed receptacle protrudes through the second aperture of the plant-growing container when at least a portion of the removable seed receptacle is within an interior space of the plant-growing container (Chen; ¶ 0061).
Regarding claim 73, Ma in view of Chen discloses the device of claim 72, and furthermore, the modified reference teaches wherein the engagement member of the removable seed receptacle is a first engagement member, wherein the plant-growing container further comprises an engagement portion configured to engage a corresponding second engagement member of the removable seed receptacle (Chen; Fig. 4; ¶ 0061).
Regarding claim 74, Ma in view of Chen discloses the device of claim 73, and furthermore, the modified reference teaches wherein the engagement portion comprises one of a protrusion or slot and the second engagement member comprises the other of the protrusion or the slot (Chen; Fig. 4; ¶ 0061).
Regarding claim 75, Ma in view of Chen discloses the device of claim 51.
Ma discloses wherein an internal diameter of the rim is larger than an internal diameter of a middle portion of the plant-growing container (Fig. 3 shows an internal diameter of the rim is larger than an internal diameter of a middle portion of the container).
Regarding claim 76, Ma in view of Chen discloses the device of claim 62.
Ma discloses wherein an internal diameter of the rim is larger than an internal diameter of the base (Fig. 3 shows an internal diameter of the rim is larger than an internal diameter of the base of the container).
Regarding claim 77, Ma in view of Chen discloses the device of claim 62, and furthermore, the modified reference teaches wherein the engagement member of the removable seed receptacle engages the engagement portion when at least a portion of the removable seed receptacle is within an interior space of the plant-growing container (Chen; ¶ 0061).
Claims 57 and 66 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (US 20100146855 A1) in view of Chen (CN 104528943 A), as applied to claims 55 and 65, and further in view of in view of Borgen et al. (US 6247266 B1), hereinafter Borgen.
Regarding claim 57, Ma in view of Chen discloses the device of claim 55, however, the modified reference fails to specifically disclose wherein the wall forms the third aperture in a portion of the wall oriented laterally relative to a portion of the wall oriented vertically upward when the plant-growing container is in the upward orientation.
Borgen is in the field of plant growth containers and teaches wherein the wall forms the third aperture in a portion of the wall oriented laterally relative to a portion of the wall oriented vertically upward when the plant-growing container is in the upward orientation (Borgen; Figs. 3 & 4 show that overflow opening 70 is oriented laterally relative to a vertical portion of the wall).
Therefore, it would have been obvious to one of ordinary skill in the art of plant growth containers before the effective filing date of the claimed invention to modify the device of Ma in view of Chen such that the wall forms the third aperture in a portion of the wall oriented laterally relative to a portion of the wall oriented vertically upward when the plant-growing container is in the upward orientation, as taught by the aperture position of Borgen. The lateral orientation of the aperture would allow for selective drainage of fluid from the container dependent on the angle of orientation, which would further promote fluid circulation within the system. The modification would have a reasonable expectation of success.
Regarding claim 66, Ma in view of Chen discloses the device of claim 65, however, the modified reference fails to specifically disclose wherein the wall forms the second aperture in the portion of the wall oriented laterally relative to the portion of the wall oriented vertically upward when the plant-growing container is in the upward orientation.
Borgen teaches wherein the wall forms the second aperture in the portion of the wall oriented laterally relative to the portion of the wall oriented vertically upward when the plant-growing container is in the upward orientation (Borgen; Figs. 3 & 4 show that overflow opening 70 is oriented laterally relative to a vertical portion of the wall).
Therefore, it would have been obvious to one of ordinary skill in the art of plant growth containers before the effective filing date of the claimed invention to modify the device of Ma in view of Chen such that the wall forms the second aperture in the portion of the wall oriented laterally relative to the portion of the wall oriented vertically upward when the plant-growing container is in the upward orientation, as taught by the aperture of Borgen. The lateral orientation of the aperture would allow for selective drainage of fluid from the container dependent on the angle of orientation, which would further promote fluid circulation within the system. The modification would have a reasonable expectation of success.
Response to Arguments
Applicant's arguments filed 05/29/2026 have been fully considered but they are not persuasive.
Regarding the argument on page 7 that “Claim 51 recites ‘a rim defining an orifice.’ The ‘outer edge of the flange ring 232’ does not define an orifice and therefore cannot be the ‘rim.’ Thus, the flange ring 232 itself cannot be considered part of the wall that ‘extend[s] from the base to the rim,’ let alone form the ‘second aperture.’,” the Examiner submits that Ma is relied upon to disclose “a rim defining an orifice” (front open end 22; Fig. 3), as well as “a wall extending from the base to the rim” (lower side 21, upper side 23; Fig. 3). Chen is relied upon to teach an engagement portion positioned between the rim and the base, as Fig. 2 shows limiting holes 233 are positioned between rim portion of ring 232. Although Ma is relied upon to disclose “a rim defining an orifice,” Chen also meets the above limitation reciting the ring structure, since under the broadest reasonable interpretation, the ring 232 of Chen is a rim with its innermost portion defining an orifice and its outermost portion defining the rim termination. Since it would have been obvious to modify the device of Ma, including the wall extending from the base to the rim, to include a second aperture as taught by Chen, the modified reference discloses the structure of claim 51.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Au, US 20160150741 A1, discusses a plant cultivating container.
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.
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/S.T.C./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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