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 Lee (KR 100779925 B1).
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: a 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 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 top fabric layer, bottom fabric layer, and center layer, for a trunk or stem of the tree or plant; wherein the top fabric layer and bottom fabric layer are sewn together, to sandwich the center layer between the 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: a top fabric layer (Col. 5, line 36 and Fig. 3: 20); a center layer (Fig. 3: 24, 28, 30) disposed beneath the 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 top fabric layer, bottom fabric layer, and center layer, for a trunk or stem of the tree or plant; wherein the top fabric layer and bottom fabric layer are sewn together (Col. 5, lines 36-45), to sandwich the center layer between the 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 fails to show wherein the top fabric layer prevents evaporative water loss from the center layer. Lee teaches a teaches a mat for controlling the growth of weeds (as discussed in the abstract) comprising: a top fabric layer (Fig. 2: 20), and a water-absorbing layer (Fig. 2: 10); wherein the top fabric layer prevents evaporative water loss from the water-absorbing layer (as discussed in the translated description “The bubble layer 20 serves to prevent the evaporation of moisture contained in the moisture absorption layer 10 and to improve the strength of the product.”). 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 cover the water-absorbing layer as taught by Lee for the advantage of preventing evaporative water loss in order to continuously retain moisture in the water-absorbing center layer.
For claim 40, Morrone as modified by Bellucci et al. and Lee 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 Lee 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 Lee 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 Lee 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 Lee disclose the mat of claim 39, wherein the 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 Lee 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 Lee disclose a method for making the mat of claim 39, comprising sandwiching the center layer between the top fabric layer and the semipermeable bottom fabric layer and sewing the 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: a top fabric layer (Fig. 2: liquid-absorbing fabric layer 11); a water-absorbing center layer disposed beneath the 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 top fabric layer, bottom fabric layer, and center layer, for a trunk or stem of the tree or plant; wherein the top fabric layer and bottom fabric layer are sewn together, to sandwich the center layer between the 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: a top fabric layer (Col. 5, line 36 and Fig. 3: 20); a center layer (Fig. 3: 24, 28, 30) disposed beneath the 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 top fabric layer, bottom fabric layer, and center layer, for a trunk or stem of the tree or plant; wherein the top fabric layer and bottom fabric layer are sewn together (Col. 5, lines 36-45), to sandwich the center layer between the 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 fails to show wherein the top fabric layer prevents evaporative water loss from the center layer. Lee teaches a teaches a mat for controlling the growth of weeds (as discussed in the abstract) comprising: a top fabric layer (Fig. 2: 20), and a water-absorbing layer (Fig. 2: 10); wherein the top fabric layer prevents evaporative water loss from the water-absorbing layer (as discussed in the translated description “The bubble layer 20 serves to prevent the evaporation of moisture contained in the moisture absorption layer 10 and to improve the strength of the product.”). 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 cover the water-absorbing layer as taught by Lee for the advantage of preventing evaporative water loss in order to continuously retain moisture in the water-absorbing center layer.
For claim 50, Morrone as modified by Bellucci et al. and Lee disclose the mat of claim 48, wherein the 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 Lee 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 Lee 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 Lee (KR 100779925 B1), 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 Lee disclose the invention substantially as claimed, but fail to show wherein the 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: a top layer (Fig. 1: 1); the 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 Lee to include the 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 Lee disclose the invention substantially as claimed, but fail to show wherein the 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: a top layer (Fig. 1: 1); the 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 Lee to include the 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.
Conclusion
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/DANIELLE A CLERKLEY/ Examiner, Art Unit 3643