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 Objections
Claim 7 objected to because of the following informalities: at line 5, the recitation of “poly(hydroxyethyl” appears to be incorrect i.e. open parenthesis “(“. Appropriate correction is required.
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.
Claim 19 is 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.
Claim 19 recites the limitation "the natural grass component" in lines 12-13. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-4, 6, 9-11, 13-15, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sick et al (US 2020/0248412).
As to claim 1, Sick et al discloses a natural turf reinforcement system, comprising: a fiber yarn 310 having at least one biodegradation characteristic; and a natural grass component 312, wherein the fiber yarn is injected into a soil bed and provides support to the natural grass component, and wherein the at least one biodegradation characteristic includes a full or substantially full biodegradation in soil after injection after a defined time period.
As to claim 2, Sick et al discloses wherein the full or substantially full biodegradation is triggered by an addition of a chemical or biological compound (i.e. decomposition booster).
As to claim 3, Sick et al discloses wherein the fiber yarn 310 comprises at least one of plant- based fibers, animal-based fibers, or at least one synthetic fiber having a defined time period of biodegradation.
As to claim 4, Sick et al discloses (see para [0027]) wherein the plant-based fibers comprise linen, hemp, sisal, coconut coir, pineapple fiber, palm fiber, cotton, jute, bamboo, bagasse, abaca, kapok, kenaf, or arenga.
As to claim 6, Sick et al discloses wherein the at least one synthetic fiber is selected from thegroup consisting of poly(butyrate adipate terephthalate) (PBAT), poly(lactic acid) (PLA), poly(hydroxy alkanoates) (PHA), poly(succinates) PXS, poly(glycolates), poly(glycolate-lactate) copolymers (PGA, PLGA), polyamides, poly(glutamates), polypeptides, or polysaccharides. Sick et al discloses PLA (see para [0024-0026]).
As to claim 9, Sick et al discloses wherein the yarn 310 comprises a blend of plant-based fibers, animal-based fibers, or biodegradable synthetic fibers.
As to claim 10, Sick et al discloses a fiber yarn 310 having at least one biodegradation characteristic for reinforcement of a natural grass component 312 in a hybrid turf, comprising at least one of a plant-based fiber, an animal-based fiber, or at least one synthetic fiber having a defined time period of biodegradation.
As to claim 11, Sick et al discloses (see para [0027]) wherein the plant-based fiber comprises linen, hemp, sisal, coconut coir, pineapple fiber, palm fiber, cotton, jute, bamboo, bagasse, abaca, kapok, kenaf, or arenga.
As to claim 13, Sick et al discloses wherein the at least one synthetic fiber is selected from the group consisting of poly(butyrate adipate terephthalate) (PBAT), poly(lactic acid) (PLA), poly(hydroxy alkanoates) (PHA), poly(succinates) PXS, poly(glycolates), poly(glycolate-lactate) copolymers (PGA, PLGA), polyamides, poly(glutamates), polypeptides, or polysaccharides. Sick et al discloses PLA (see para [0024-0026]).
As to claim14, Sick et al discloses wherein the yarn 310 comprises a blend of plant-based fibers, animal-based fibers, or biodegradable synthetic fibers.
As to claim 15, Sick et al discloses wherein the fibers include at least one chemical treatment or coating configured to extend or modify at least one property of at least one of the fiber yarn or the natural grass component (i.e. decomposition inhibitor).
As to claim 18, Sick et al discloses wherein the at least one chemical treatment or coating is a hydrophilic surface treatment (see para [0014], applied via water).
As to claim 19, Sick et al discloses a method of reinforcing a hybrid turf system, comprising: fabricating a fiber yarn 310 from at least one of a plant-based fiber, an animal-based fiber, or at least one synthetic fiber; tuning the fiber yarn in accordance with at least one biodegradation characteristic determined by at least one chemical treatment or coating, the at least one biodegradation characteristic including a defined time period of biodegradation; and applying the tuned fiber yarn to a soil bed, wherein the at least one biodegradation characteristic includes a full or substantially full biodegradation in soil after application after a defined time period, and wherein the at least one chemical treatment or coating is configured to extend or modify at least one property of at least one of the fiber yarn or the natural grass component.
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sick et al (US 2020/0248412) in view of George et al (US 8,986,808).
As to claim 7, Sick et al discloses all that is claimed except wherein the fiber yarn includes at least one chemical treatment or coating configured to extend or modify at least one property of at least one of the fiber yarn or the natural grass component, and wherein the at least one chemical treatment or coating includes beeswax, carnauba wax, shellac, absorbent agar hydrogel, hydroxyethyl cellulose, poly(hydroxyethyl methracrylate, plant hormones, plant nutrients, or mycorrhizae. George discloses a coating such as shellac (see col. 4, line 42). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a coating such as shellac as disclosed by Geoge et al, since doing so provides the expected benefit of improving synthetic turf.
Claim(s) 8 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sick et al (US 2020/0248412).
As to claims 8 and 20, Sick et al discloses (see para [0092]) the hybrid turf may be installed at a use site, landscapes and non-sport facilities, but does not explicitly discloses wherein the soil bed is a dike. 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 claimed invention to use a soil bed of a dike, since doing so would provide greenery to a dike location.
Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sick et al (US 2020/0248412) in view of Sutherland et al (US 2015/0033626).
As to claims 5 and 12, Sick et al discloses all that is claimed except wherein the animal-based fibers comprise alpaca wool, angora wool, bison wool, sheep wool, or silk. Sutherland et al discloses a fiber yarn comprising wool or silk (see para [0054]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use animal based fibers such as wool or silk as disclosed by Sutherland et al, since doing so provides the expected benefit of reinforcing and adding stability to a turf surface.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sick et al (US 2020/0248412) in view of Zhu (CN 111395102).
As to claim 16, Sick et al discloses all that is claimed except wherein the at least one chemical treatment or coating is a hydrophobic surface treatment. Zhu discloses coating an artificial turf fiber with a hydrophobic coating. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to coat an artificial turf/grass fiber using a hydrophobic surface treatment as disclosed by Zhu, since doing so provides the expected benefit of improving drainage of a sports field.
Allowable Subject Matter
Claim 17 is 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:
As to claim 17, the prior art of record fails to show or suggest wherein the at least one chemical treatment or coating is a plant growth hormone or nutrient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK L LAGMAN whose telephone number is (571)272-7043. The examiner can normally be reached Tuesday-Friday 8am-6:00pm.
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/FREDERICK L LAGMAN/Primary Examiner, Art Unit 3678
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