Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
Claims 39-44, 46-48 and 50-52 are rejected under 35 U.S.C. 103 as being unpatentable over Morrone (U.S. Patent Application Publication No. 2005/0178056, as cited by Applicant) in view of Bellucci et al. (U.S. Patent No. 6,195,935, as cited by Applicant) and Kim (U.S. Patent Application Publication No. 2011/0226169).
For claim 39, Morrone discloses a tree or plant watering mat (as discussed in [0019] and [0116]), for placement around a trunk or stem of a tree or plant, the mat having the properties of absorbing and slowly releasing water into soil around the tree or plant without need for manual refilling (as discussed in [0025]), the mat comprising: an outside top fabric layer (Fig. 2: liquid-absorbing fabric layer 11), made from woven polypropylene fabric (as discussed in [0025] and [0027]); a water-absorbing center layer disposed beneath the outside top fabric layer (as discussed in [0008] and [0099]: “Further, it should be noted that additional liquid-absorbing fabric layers may be used in addition to upper liquid-absorbing fabric layer 11 shown in FIG. 2.”) and comprising superabsorbent polymer particles (as discussed in [0063]-[0065]), and a semipermeable bottom fabric layer (Fig. 2: reinforcing fabric layer 21) disposed beneath the center layer, and made from nonwoven material fabric (as discussed in [0051] and [0095]); and wherein the mat does not have a hose fitting (as shown in Figs. 1-3).
Morrone fails to specifically show a hole and an access slit, through the outside top fabric layer, bottom fabric layer, and center layer, for a trunk or stem of the tree or plant; wherein the outside top fabric layer and bottom fabric layer are sewn together, to sandwich the center layer between the outside top fabric layer and bottom fabric layer; and wherein the bottom fabric layer permits water to seep out from the center layer into soil around the tree or plant. Bellucci et al. teaches a tree or plant watering mat (as shown in Fig. 12), for placement around a trunk or stem of a tree or plant (as discussed in the abstract), the mat having the properties of absorbing and slowly releasing water into soil around the tree or plant without need for manual refilling (Col. 2, lines 26-27), the mat comprising: an outside top fabric layer (Col. 5, line 36 and Fig. 3: 20); a center layer (Fig. 3: 24, 28, 30) disposed beneath the outside top fabric layer; and a semipermeable bottom fabric layer (Col. 2, lines 55-58: “(c) A third layer of weblike third material…” and Fig. 3: 34) disposed beneath the center layer; a hole (Fig. 3: 21, 25, 31, 35) and an access slit (Fig. 3: 22, 26, 32, 36), through the outside top fabric layer, bottom fabric layer, and center layer, for a trunk or stem of the tree or plant; wherein the outside top fabric layer and bottom fabric layer are sewn together (Col. 5, lines 36-45), to sandwich the center layer between the outside top fabric layer and bottom fabric layer; wherein the bottom fabric layer permits water to seep out from the center layer into soil around the tree or plant (Col. 2, lines 55-58: “(c) A third layer of weblike third material…”), when the mat is placed around a trunk or stem of the tree or plant (as shown in Fig. 12). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Morrone to provide the hole and access slit, as well as sewing the layers together as taught by Bellucci et al. for the advantages of providing controlled liquid delivery and absorption to the underlying soil roots, and keeping the top, center and bottom fabric layers of the mat sealed.
Morrone discloses the known feature of the claimed “an outside top fabric layer, made from woven polypropylene fabric” (Fig. 2: liquid-absorbing fabric layer 11, as discussed in [0025] and [0027]), but is silent that the outside top fabric layer prevents evaporative water loss from the center layer. Kim teaches an outside top layer (Fig. 2: 50 top layer); wherein the outside top layer prevents evaporative water loss from layers underneath the outside top layer (as discussed in [0065] and [0074]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Morrone to include moisture retaining properties in the outside top layer as taught by Kim for the advantage of preventing evaporative water loss to promote positive growth conditions.
For claim 40, Morrone as modified by Bellucci et al. and Kim disclose the mat of claim 39, wherein the semipermeable bottom fabric layer (Morrone Fig. 2: 21) is made from nonwoven material fabric selected from the group consisting of natural or synthetic fiber, rayon, nylon, polyester, polyethylene, polypropylene, cotton, acrylic, or any combination thereof (Morrone as discussed in [0051] and [0098]).
For claim 41, Morrone as modified by Bellucci et al. and Kim disclose the mat of claim 40, wherein the nonwoven material fabric is nonwoven polyethylene fabric, nonwoven polypropylene fabric, or a combination thereof (Morrone as discussed in [0051] and [0098]).
For claim 42, Morrone as modified by Bellucci et al. and Kim disclose the mat of claim 40, wherein the nonwoven material fabric is nonwoven polyethylene fabric (Morrone as discussed in [0027], [0051] and [0095]: “Suitable reinforcing layers or substrates include, but are not limited to, any of the above-described fabric layers”).
For claim 43, Morrone as modified by Bellucci et al. and Kim disclose the mat of claim 40, wherein the nonwoven material fabric is nonwoven polypropylene fabric (Morrone as discussed in [0051] and [0098]).
For claim 44, Morrone as modified by Bellucci et al. and Kim disclose the mat of claim 39, wherein the outside top fabric layer is made from plastic materials (Bellucci et al. as discussed in claim 30).
For claim 46, Morrone as modified by Bellucci et al. and Kim disclose a method for watering a tree or plant, comprising placing the mat of claim 39 around a trunk or stem of the tree or plant (Bellucci et al. as shown in Fig. 12).
For claim 47, Morrone as modified by Bellucci et al. and Kim disclose a method for making the mat of claim 39, comprising sandwiching the center layer between the outside top fabric layer and the semipermeable bottom fabric layer and sewing the outside top fabric layer and semipermeable bottom fabric layer together at their perimeter edges, to provide the mat (Bellucci et al. Col. 5, lines 36-45 and shown in Fig. 3).
For claim 48, Morrone discloses a tree or plant watering mat (as discussed in [0019] and [0116]), for placement around a trunk or stem of a tree or plant, the mat having the properties of absorbing and slowly releasing water into soil around the tree or plant without need for manual refilling (as discussed in [0025]), the mat comprising: an outside top fabric layer (Fig. 2: liquid-absorbing fabric layer 11); a water-absorbing center layer disposed beneath the outside top fabric layer (as discussed in [0008] and [0099]: “Further, it should be noted that additional liquid-absorbing fabric layers may be used in addition to upper liquid-absorbing fabric layer 11 shown in FIG. 2.”) and comprising superabsorbent polymer particles (as discussed in [0063]-[0065]), and a semipermeable bottom fabric layer (Fig. 2: reinforcing fabric layer 21) disposed beneath the center layer; and wherein the mat does not have a hose fitting (as shown in Figs. 1-3).
Morrone fails to specifically show a hole and an access slit, through the outside top fabric layer, bottom fabric layer, and center layer, for a trunk or stem of the tree or plant; wherein the outside top fabric layer and bottom fabric layer are sewn together, to sandwich the center layer between the outside top fabric layer and bottom fabric layer; and wherein the bottom fabric layer permits water to seep through. Bellucci et al. teaches a tree or plant watering mat (as shown in Fig. 12), for placement around a trunk or stem of a tree or plant (as discussed in the abstract), the mat having the properties of absorbing and slowly releasing water into soil around the tree or plant without need for manual refilling (Col. 2, lines 26-27), the mat comprising: an outside top fabric layer (Col. 5, line 36 and Fig. 3: 20); a center layer (Fig. 3: 24, 28, 30) disposed beneath the outside top fabric layer; and a semipermeable bottom fabric layer (Col. 2, lines 55-58: “(c) A third layer of weblike third material…” and Fig. 3: 34) disposed beneath the center layer; a hole (Fig. 3: 21, 25, 31, 35) and an access slit (Fig. 3: 22, 26, 32, 36), through the outside top fabric layer, bottom fabric layer, and center layer, for a trunk or stem of the tree or plant; wherein the outside top fabric layer and bottom fabric layer are sewn together (Col. 5, lines 36-45), to sandwich the center layer between the outside top fabric layer and bottom fabric layer; wherein the bottom fabric layer permits water to seep through (Col. 2, lines 55-58: “(c) A third layer of weblike third material…”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Morrone to provide the hole and access slit, as well as sewing the layers together as taught by Bellucci et al. for the advantages of providing controlled liquid delivery and absorption to the underlying soil roots, and keeping the top, center and bottom fabric layers of the mat sealed.
Morrone discloses the known feature of the claimed “an outside top fabric layer” (Fig. 2: liquid-absorbing fabric layer 11, as discussed in [0025] and [0027]), but is silent that the outside top fabric layer prevents evaporative water loss from the center layer. Kim teaches an outside top layer (Fig. 2: 50 top layer); wherein the outside top layer prevents evaporative water loss from the center layer (Fig. 2: undertop layer 30, middle layer 25; as discussed in [0065] and [0074]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Morrone to include moisture retaining properties in the top layer as taught by Kim for the advantage of preventing evaporative water loss to promote positive growth conditions.
For claim 50, Morrone as modified by Bellucci et al. and Kim disclose the mat of claim 48, wherein the outside top fabric layer is made from plastic materials (Bellucci et al. as discussed in claim 30).
For claim 51, Morrone as modified by Bellucci et al. and Kim disclose the mat of claim 48, wherein the bottom fabric layer (Bellucci et al. Col. 2, lines 55-58: “(c) A third layer of weblike third material…” and Fig. 3: 34) includes seep holes or channels to allow water to seep through (Bellucci et al. Col. 6, lines 64-66).
For claim 52, Morrone as modified by Bellucci et al. and Kim disclose the mat of claim 48, wherein the bottom fabric layer (Bellucci et al. Col. 2, lines 55-58: “(c) A third layer of weblike third material…” and Fig. 3: 34) is made of a porous, water permeable nonwoven material, or a porous, water permeable woven material (Bellucci et al. Col. 2, lines 55-58 and Col. 2, line 66-Col. 3, line 6).
Claims 45 and 49 are rejected under 35 U.S.C. 103 as being unpatentable over Morrone (U.S. Patent Application Publication No. 2005/0178056, as cited by Applicant) in view of Bellucci et al. (U.S. Patent No. 6,195,935, as cited by Applicant) and Kim (U.S. Patent Application Publication No. 2011/0226169), as applied to claim 39 and 48 above, and further in view of Daios (WO 9830082 A1).
For claim 45, Morrone as modified by Bellucci et al. and Kim disclose the invention substantially as claimed, but fail to show wherein the outside top fabric layer includes a UV resistant additive to resist damage by exposure to sunlight. However, Daios teaches a protection mat (as shown in Fig. 1: 1) comprising: an outside top layer (Fig. 1: 1); the outside top layer includes a UV resistant additive to resist damage by exposure to sunlight (as discussed in claim 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Morrone, Bellucci et al., and Kim to include the outside top fabric layer having a UV resistant additive as taught by Daios for the advantage of protecting the mat from degradation due to constant sun exposure.
For claim 49, Morrone as modified by Bellucci et al. and Kim disclose the invention substantially as claimed, but fail to show wherein the outside top fabric layer includes a UV resistant additive to resist damage by exposure to sunlight. However, Daios teaches a protection mat (as shown in Fig. 1: 1) comprising: an outside top layer (Fig. 1: 1); the outside top layer includes a UV resistant additive to resist damage by exposure to sunlight (as discussed in claim 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mat of Morrone, Bellucci et al., and Kim to include the outside top fabric layer having a UV resistant additive as taught by Daios for the advantage of protecting the mat from degradation due to constant sun exposure.
Response to Arguments
Applicant argues “A. As the Office Action at pages 3 and 4 acknowledges, Morrone fails to disclose "the top fabric layer prevents evaporative water loss from the center layer." Instead, the Office Action relies upon Lee for disclosing "the top fabric layer prevents evaporative water loss from the center layer." Office Action at 3-4. However, as amended, the claims recite "the outside top fabric layer prevents evaporative water loss from the center layer."
Applicant’s arguments with respect to claims 39-52 and specifically, the rejections that include the reference to Lee, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues “The Office Action uses Morrone as the starting structure for claims 39 and 48, citing Morrone for a top fabric layer made from woven polypropylene fabric, a water-absorbing center layer with superabsorbent polymer particles, and a semipermeable bottom layer made from nonwoven material fabric. Office Action, at 2-8. However, the Office Action then turns to Bellucci for the hole, access slit, sewn sandwich construction, and the "the bottom fabric layer permits water to seep out from the center layer into soil around the tree or plant". Office Action, at 3-4 and 7-9. However, the rejection is improper because the proposed modification would render Morrone inoperable for its intended purpose and would change its principle of operation.”
Morrone and Bellucci are from the same field of endeavor, providing a landscaping mat that provides nutrients to a plant and controlled flow of fluid to a growing medium below the mat (Morrone [0002-0006]; and Bellucci Col. 2, lines 20-27). Further, in [0010], Morrone specifically discloses “Openings may be cut in the landscaping fabric as desired to position plants within outer boundaries of the landscaping fabric.” Thus, one having ordinary skill in the art would recognize cutting a hole, access slit, sewn sandwich construction to be within the scope of the invention and obvious as taught by Bellucci.
Applicant’s argues “Because Bellucci's cited third layer is one of the biodegradable outer weblike layers, relying on that teaching for "a bottom layer that permits water to seep out from the center layer into soil" would undercut Morrone's disclosed uses as a ground cover, roll-up liner, greenhouse barrier, and related landscaping fabric because the resulting article would no longer be the durable synthetic fabric that Morrone teaches.”
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, the reference to Morrone already teaches the claimed material for the top and bottom layers. Morrone fails to explicitly state that the intended functional result of the top and bottom fabric layers. The reference to Bellucci was not applied to show the material but that it is well known in the art that the bottom fabric layer permits water to seep out from the center layer into soil.
Applicant argues “Bellucci expressly criticizes known devices that sit above the ground, are meant to be reused, or are intended to last as long as possible, and Bellucci states that it provides plant food, soil conditioners, and related products in a pre-packaged biodegradable form, such as Morrone. Bellucci, col. 1, lines 21-39 and 46-50. Bellucci further states that the mat is placed on top of the soil or immediately below a thin layer of soil and/or mulch and comprises first and third weblike layers and a granular middle layer that are all capable of naturally biodegrading in the soil. Bellucci, col. 2, lines 9-19 and 51-58; claim 1.”
It should be noted that the reference to Morrone already teaches the claimed fabric for the top and bottom layers. Morrone fails to explicitly state that the intended functional result of the top and bottom fabric layers. The reference to Bellucci was not applied to show the material but that it is well known in the art that the bottom fabric layer permits water to seep out from the center layer into soil. The newly applied reference to Kim teaches an outside top layer that prevents evaporative water loss from the center layer.
Applicant argues “Bellucci is not analogous to the claimed invention.”
Like Applicant’s invention, Morrone and Bellucci are from the same field of endeavor, providing a landscaping mat that provides nutrients to a plant and controlled flow of fluid to a growing medium below the mat (Morrone [0002-0006]; and Bellucci Col. 2, lines 20-27).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE A CLERKLEY whose telephone number is (571)270-7611. The examiner can normally be reached 8:30AM-5PM.
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/DANIELLE A CLERKLEY/ Examiner, Art Unit 3643
/PETER M POON/ Supervisory Patent Examiner, Art Unit 3643
