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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/11/2026 has been entered.
Response to Arguments
Applicant's arguments filed 5/27/2026 have been fully considered but they are not persuasive.
With regard to applicant’s arguments that the germinating units of Ahm “are arranged linearly, and not in a two-dimensional pattern along a horizontal axis and a vertical axis, as recited in amended Claim 1.” The examiner asserts that the linear square pattern still exists in the two dimensions that the germinating unit is formed along a horizontal and vertical axis. The claim is being interpreted under its broadest reasonable interpretation and the rejection over Ahm is herein maintained.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2 & 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ahm, U.S. Patent No. 6,735,902 A1 in view of Meyers, U.S. Patent No. 3,908,308 A; herein Mey.
Re claim 1, Ahm discloses a seedsheet comprising:
a mounting paper (2; the length of material, fig. 1-2 & 6 and col 2; 59-13 wherein the strips are both a form of paper); and
a plurality of printing elements (9/9’; the germinating units, 1-6) formed by curing a paste (col 4; 34-46, a paste formed of the glue, seeds, carriers, and additives is arranged and cured to form the individual germinating units) arranged on a surface of the mounting paper in a predetermined pattern (fig. 1-2 & 6 and col 4; 31-52 & col 5; 17-29, the rectangular shaped pattern of germinating units is applied to the upper surface of the bottom material layer), such that the plurality of printing elements have the same shape and project above the surface of the mounting paper (again see fig. 1-2 & 6 and col 4; 31-52 & col 5; 17-29, each individual germination unit has the shape rectangular shape and projects above the surface of the lower length of material), wherein
the paste comprises a seed mixed with a glue (col 4; 34-46, the contents of the germinating unit is a mixture including a glue and a seed),
a thickness of the plurality of printing elements is greater than a thickness of the plurality of seeds (fig. 1-2 & 6), and
the printing elements are arranged in a two-dimensional pattern along a horizontal axis and a vertical axis (fig. 1-2 & 6, the germinating units extend along both a vertical and a horizonal axis, each forming a square shape).
Ahm fails to disclose the paste explicitly comprising a plurality of seeds mixed with a fluid. However, Mey discloses a seedsheet (abstract, the plant marker) formulated with a paste (col 1; 56-61, a flowable paste is formed with a wax-like vehicle and the seeds) comprising a plurality of seeds (again see col 1; 56-61) mixed with a fluid containing an adhesive (col 1; 56-61, the wax-like vehicle).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose the paste explicitly comprising a plurality of seeds mixed with a fluid however, Mey discloses such a paste. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of formulating and dispensing seed mixture as taught by Mey to improve the similar device disclosed by the prior art in the same way by requiring less dispensing mechanism on the assembly line. See MPEP 2143 I. (C).
Re claim 2, the combination of Ahm and Mey discloses the invention of claim 1, Ahm as modified by Mey further discloses wherein the paste contains a chemical or a fertilizer (col 2; 33-48, wherein a pesticide, water absorbing agents [chemical], or fertilizer).
Re claim 5, the combination of Ahm and Mey discloses the invention of claim 1, Ahm as modified by Mey further discloses wherein each of the plurality of printing elements has a plurality of layers (best seen in fig. 2).
Re claim 6, the combination of Ahm and Mey discloses the invention of claim 1, Ahm as modified by Mey further discloses wherein surfaces of the plurality of printing elements form a predetermined design pattern (best seen in fig. 1-4, the structure of the rectangular germinating units is a predetermined design pattern).
Re claim 7, the combination of Ahm and Mey discloses the invention of claim 1, Mey further discloses wherein at least two printing elements among the plurality of printing elements respectively contain different kinds of seeds therein (col 2-3; 54-5, the printing elements formed of the seed-wax mixture contain a variety of different kinds of seeds).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose wherein at least two printing elements among the plurality of printing elements respectively contain different kinds of seeds however, Mey discloses such a technique. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of the varying seeds as taught by Mey to improve the similar device disclosed by the prior art in the same way by allowing for more diversity in the germination units. See MPEP 2143 I. (C).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ahm in view of Mey as applied to claim 1 above, in further view of Otake et al., U.S. Patent No. 6,240,674 A; herein Ota.
Re claim 4, the combination of Ahm and Mey discloses the invention of claim 1, the combination fails to disclose wherein the mounting paper has a plurality of positioning holes arranged along a longitudinal direction of the mounting paper the plurality of positioning holes being arranged in two lines along opposite sides of the mounting paper. However, Ota discloses a seedsheet (abstract) comprising mounting sheet (22x; the support band, fig. 1-5, 7(a)-(c), 13-21, & 25-26) having a plurality of positioning holes (27x; the feed bores, fig. 1-5, 7(a)-(c), 13-21, & 25-26) arranged along a longitudinal direction of the mounting paper the plurality of positioning holes being arranged in two lines along opposite sides of the mounting paper (fig. 1-5, 7(a)-(c), 13-21, & 25-26).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose wherein the mounting paper has a plurality of positioning holes arranged along a longitudinal direction of the mounting paper the plurality of positioning holes being arranged in two lines along opposite sides of the mounting paper however, Ota discloses such a process for mechanically planting the seedsheets. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the prior art elements of the feed bores as taught by Ota to the germination units of the prior art to yield the predictable result of loading a plurality of germination units into a feed mechanism for planting. See MPEP 2143 I. (A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE P MACCRATE whose telephone number is (571)272-5215. The examiner can normally be reached M-Th: 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua J Michener can be reached at 571-272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE PAIGE MACCRATE/Examiner, Art Unit 3642
/JOSHUA J MICHENER/ Supervisory Patent Examiner, Art Unit 3642
