DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are currently pending.
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 1-5, 8-14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2002/0017058 to Chung (“Chung”) in view of U.S. Patent No. 11,076,541 to Putter (“Putter”).
Regarding claim 1, Chung teaches a planting pot comprising: a container (100) including a base and a wall extending upwardly from the base, the base and wall defining an interior region of the planting pot (FIGS. 1-2); and a plant watering assembly including: a support pedestal (10/14) disposed within the interior region of the planting pot, the support pedestal dividing the interior region of the planting pot into a lower water reservoir (30) and an upper soil retaining region (20), the support pedestal including a body (10) having a circumferential rim engaging an inner surface of the wall of the container and further including a rigid central boss (14, together with the clay described at ¶[0024]) extending downwardly from the support pedestal body and contacting the base of the planting pot to maintain the support pedestal body at a predetermined height above the base of the planting pot (FIGS. 1-2) (see also ¶ [0020] teaching that (10) is also made of a “porous net type material,” while (10) is clearly rigid, so “net type” does not mean that the structure is not rigid in the context of the disclosure).
Chung does not explicitly teach the body of the support pedestal includes a plurality of openings; and the plant watering assembly includes a plurality of wick holders, each wick holder of the plurality of wick holders defining a central through bore and including a base portion received in an opening of the plurality of openings of the body of the support pedestal and an upwardly extending projection that extends into the upper soil retaining region of the planting pot, the upwardly extending projection including a plurality of orifices; and a plurality of water transferring wicks, each wick of the plurality of water transferring wicks received in the central through bore of a respective one of the plurality of wick holders, a lower end portion of each of the plurality of water transferring wicks extending into the lower water reservoir of the planting pot and an upper end portion of each of the plurality of water transferring wick extending into the upper soil retaining region of the planting pot, the plurality of orifices of each wick holder of the plurality of wick holders permitting water flow from the respective wicks of the plurality of water transferring wicks into the upper soil retaining region of the planting pot.
Putter teaches a planting pot comprising a support pedestal (22, 28) that includes a plurality of openings (holes described at Col. 5, lines 39-41; FIGS. 3, 6, 9); and a plurality of wick holders (32), each wick holder of the plurality of wick holders defining a central through bore and including a base portion received in an opening of the plurality of openings of the body of the support pedestal and an upwardly extending projection that extends into the upper soil retaining region of the planting pot, the upwardly extending projection including a plurality of orifices (Col. 5, lines 39-57; FIGS. 3-6, 9); and a plurality of water transferring wicks, each wick of the plurality of water transferring wicks received in the central through bore of a respective one of the plurality of wick holders, a lower end portion of each of the plurality of water transferring wicks extending into the lower water reservoir of the planting pot and an upper end portion of each of the plurality of water transferring wick extending into the upper soil retaining region of the planting pot, the plurality of orifices of each wick holder of the plurality of wick holders permitting water flow from the respective wicks of the plurality of water transferring wicks into the upper soil retaining region of the planting pot (Col. 5, lines 39-57; FIGS. 3-6, 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of Chung so that it includes the wick holders and wicks, as taught by Putter, in order to improve water delivery to the plants.
Regarding claim 2, the combination of Chung and Putter teaches each and every element of claim 1, as discussed above, and Putter teaches each wick holder of the plurality of wick holders is cylindrical (Col. 5, lines 39-57; FIGS. 3-6, 9).
Regarding claim 3, the combination of Chung and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the body of the support pedestal is a disk-shaped body (FIGS. 1-2).
Regarding claim 4, the combination of Chung and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the central boss of the support pedestal includes a downwardly extending central ridge which contacts the base of the planting pot container (FIGS. 1-2).
Regarding claim 5, the combination of Chung and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the wall of the container includes a side port (32) in fluid communication with the lower water reservoir of the planting pot (FIGS. 1-2; ¶ [0033]).
Regarding claim 8, the combination of Chung and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the container is frustoconical in shape (FIGS. 1-2).
Regarding claim 9, the combination of Chung and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the container is circular in horizontal cross section (FIG. 1).
Regarding claim 10, Chung teaches a planting pot device comprising: a planting pot (100) including a base and a wall extending upwardly from the base, the base and wall defining an interior region of the planting pot (FIGS. 1-2); and a plant watering assembly including: a support pedestal (10/14) disposed within the interior region of the planting pot, the support pedestal dividing the interior region into a lower water reservoir (30) and an upper soil retaining region (20), the support pedestal including a body (10) having a circumferential rim engaging the wall of the planting pot and further including a rigid central boss (14, together with the clay described at ¶[0024]) (see also ¶ [0020] teaching that (10) is also made of a “porous net type material,” while (10) is clearly rigid, so “net type” does not mean that the structure is not rigid in the context of the disclosure extending downwardly from the support pedestal body and contacting the base of the planting pot to maintain the support pedestal body at a predetermined height above the base of the planting pot (FIGS. 1-2).
Chung does not explicitly teach the body of the support pedestal includes a plurality of openings; and the plant water assembly includes a plurality of wick holders, each wick holder of the plurality of wick holders having a central through bore and including a base portion received in an opening of the plurality of openings of the body of the support pedestal and an upwardly extending projection that extends into the upper soil retaining region of the planting pot; and a plurality of water transferring wicks, each wick of the plurality of water transferring wicks received in the central through bore of a respective one of the plurality of wick holders, a lower end portion of each of the plurality of water transferring wicks extending into the lower water reservoir of the planting pot and an upper end portion of each of the plurality of water transferring wicks extending into the upper soil retaining region of the planting pot.
Putter teaches a planting pot device comprising a support pedestal (22, 28) that includes a plurality of openings (holes described at Col. 5, lines 39-41; FIGS. 3, 6, 9); and the plant water assembly includes a plurality of wick holders (32), each wick holder of the plurality of wick holders having a central through bore and including a base portion received in an opening of the plurality of openings of the body of the support pedestal and an upwardly extending projection that extends into the upper soil retaining region of the planting pot (Col. 5, lines 39-57; FIGS. 3-6, 9); and a plurality of water transferring wicks, each wick of the plurality of water transferring wicks received in the central through bore of a respective one of the plurality of wick holders, a lower end portion of each of the plurality of water transferring wicks extending into the lower water reservoir of the planting pot and an upper end portion of each of the plurality of water transferring wicks extending into the upper soil retaining region of the planting pot (Col. 5, lines 39-57; FIGS. 3-6, 9.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of Chung so that it includes the wick holders and wicks, as taught by Putter, in order to improve water delivery to the plants.
Regarding claim 11, the combination of Chung and Putter teaches each and every element of claim 10, as discussed above, and Putter teaches each wick holder of the plurality of wick holders is cylindrical (Col. 5, lines 39-57; FIGS. 3-6, 9).
Regarding claim 12, the combination of Chung and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the body of the support pedestal is a disk-shaped body (FIGS. 1-2).
Regarding claim 13, the combination of Chung and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the central boss of the support pedestal includes a downwardly extending central ridge which contacts the base of the planting pot container (FIGS. 1-2).
Regarding claim 14, the combination of Chung and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the wall of the container includes a side port (32) in fluid communication with the lower water reservoir of the planting pot (FIGS. 1-2; ¶ [0033]).
Regarding claim 17, the combination of Chung and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the container is frustoconical in shape (FIGS. 1-2).
Regarding claim 18, the combination of Chung and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the container is circular in horizontal cross section (FIG. 1).
Regarding claim 19, the combination of Chung and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the wall of the planting pot includes an inner wall and an outer wall, the circumferential rim of the support pedestal body engaging the inner wall of the planting pot (FIGS. 1-2).
Regarding claim 20, the combination of Chung and Putter teaches each and every element of claim 10, as discussed above, and Putter teaches wherein for each wick holder of the plurality of wick holders, the upwardly extending projection includes a plurality of orifices along a longitudinal extent of the projection, the plurality of orifices of the wick holder permitting water flow from the each wick of the plurality of wicks into the upper soil retaining region of the planting pot (Col. 5, lines 39-57; FIGS. 3-6, 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of the Chung and Putter combination so that each wick holder includes a plurality of orifices along the longitudinal extent of the projection, as taught by Putter, in order to improve water delivery to the plants.
Claims 6-7 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chung in view of Putter as applied to claim 5 and 14 above, and further in view of U.S. Design Patent No. D250401 to O’Shea et al. (“O’Shea”).
Regarding claims 6 and 15, the combination of Chung and Putter teaches each and every element of claims 5 and 14, as discussed above, but it does not explicitly teach the side port includes an inwardly extending projection that extends into the interior region of the planting pot. Rather, Chung teaches the projection extends outwardly, away from the planting pot (FIGS. 1-2).
O’Shea teaches a planting pot, wherein the sidewall of the container includes a side port in fluid communication with the lower reservoir; wherein the side port includes an inwardly extending projection that extends into the interior region of the planting pot (FIGS. 1, 4-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of the Chung and Putter combination so that the side port includes an inwardly extending projection that extends into the interior region of the planting pot, as taught by O’Shea, rather than the outwardly extending projection of Chung, in order to improve the appearance of the pot.
Regarding claims 7 and 16, the combination of Chung, Putter, and O’Shea teaches each and every element of claims 6 and 15, as discussed above, and O’Shea teaches the circumferential rim of the body of the support pedestal includes a recess that interfits with the inwardly extending projection of the side port of the wall of the container (FIG. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of the Chung, Putter, and O’Shea combination so that the circumferential rim of the body of the support pedestal includes a recess that interfits with the inwardly extending projection of the side port of the wall of the container, as taught by O’Shea, in order to allow the support pedestal to properly fit the container.
Alternatively, claims 1-5, 8-14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2002/0017058 to Chung (“Chung”) in view of U.S. Patent No. 6,219,969 to Dion (“Dion”) U.S. Patent No. 11,076,541 to Putter (“Putter”).
Regarding claim 1, Chung teaches a planting pot comprising: a container (100) including a base and a wall extending upwardly from the base, the base and wall defining an interior region of the planting pot (FIGS. 1-2); and a plant watering assembly including: a support pedestal (10/14) disposed within the interior region of the planting pot, the support pedestal dividing the interior region of the planting pot into a lower water reservoir (30) and an upper soil retaining region (20), the support pedestal including a body (10) having a circumferential rim engaging an inner surface of the wall of the container and further including a central boss (14) extending downward from the support pedestal body and contacting the base of the planting pot container (FIGS. 1-2).
Chung appears to teach that the central boss is rigid so that it maintains the support pedestal body at a predetermined height above the base of the planting pot container (FIGS. 1, 2; ¶ [0024], see also ¶[0020]). However, since it is argued that Chung does not teach this limitation, then Dion teaches a planting pot comprising a rigid boss (30) that maintains the support pedestal body at a predetermined height above the base of the planting pot container (FIGS. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the container of Chung so that the boss is rigid and supports the pedestal body at a predetermined height above the base of the planting pot container, as taught by Dion, in order to better support the pedestal body.
Chung in view of Dion does not explicitly teach the body of the support pedestal includes a plurality of openings; and the plant watering assembly includes a plurality of wick holders, each wick holder of the plurality of wick holders defining a central through bore and including a base portion received in an opening of the plurality of openings of the body of the support pedestal and an upwardly extending projection that extends into the upper soil retaining region of the planting pot, the upwardly extending projection including a plurality of orifices; and a plurality of water transferring wicks, each wick of the plurality of water transferring wicks received in the central through bore of a respective one of the plurality of wick holders, a lower end portion of each of the plurality of water transferring wicks extending into the lower water reservoir of the planting pot and an upper end portion of each of the plurality of water transferring wick extending into the upper soil retaining region of the planting pot, the plurality of orifices of each wick holder of the plurality of wick holders permitting water flow from the respective wicks of the plurality of water transferring wicks into the upper soil retaining region of the planting pot.
Putter teaches a planting pot comprising a support pedestal (22, 28) that includes a plurality of openings (holes described at Col. 5, lines 39-41; FIGS. 3, 6, 9); and a plurality of wick holders (32), each wick holder of the plurality of wick holders defining a central through bore and including a base portion received in an opening of the plurality of openings of the body of the support pedestal and an upwardly extending projection that extends into the upper soil retaining region of the planting pot, the upwardly extending projection including a plurality of orifices (Col. 5, lines 39-57; FIGS. 3-6, 9); and a plurality of water transferring wicks, each wick of the plurality of water transferring wicks received in the central through bore of a respective one of the plurality of wick holders, a lower end portion of each of the plurality of water transferring wicks extending into the lower water reservoir of the planting pot and an upper end portion of each of the plurality of water transferring wick extending into the upper soil retaining region of the planting pot, the plurality of orifices of each wick holder of the plurality of wick holders permitting water flow from the respective wicks of the plurality of water transferring wicks into the upper soil retaining region of the planting pot (Col. 5, lines 39-57; FIGS. 3-6, 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of Chung so that it includes the wick holders and wicks, as taught by Putter, in order to improve water delivery to the plants.
Regarding claim 2, the combination of Chung, Dion, and Putter teaches each and every element of claim 1, as discussed above, and Putter teaches each wick holder of the plurality of wick holders is cylindrical (Col. 5, lines 39-57; FIGS. 3-6, 9).
Regarding claim 3, the combination of Chung, Dion, and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the body of the support pedestal is a disk-shaped body (FIGS. 1-2).
Regarding claim 4, the combination of Chung, Dion, and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the central boss of the support pedestal includes a downwardly extending central ridge which contacts the base of the planting pot container (FIGS. 1-2).
Regarding claim 5, the combination of Chung, Dion, and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the wall of the container includes a side port (32) in fluid communication with the lower water reservoir of the planting pot (FIGS. 1-2; ¶ [0033]).
Regarding claim 8, the combination of Chung, Dion, and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the container is frustoconical in shape (FIGS. 1-2).
Regarding claim 9, the combination of Chung, Dion, and Putter teaches each and every element of claim 1, as discussed above, and Chung teaches the container is circular in horizontal cross section (FIG. 1).
Regarding claim 10, Chung teaches a planting pot device comprising: a planting pot (100) including a base and a wall extending upwardly from the base, the base and wall defining an interior region of the planting pot (FIGS. 1-2); and a plant watering assembly including: a support pedestal (10/14) disposed within the interior region of the planting pot, the support pedestal dividing the interior region into a lower water reservoir (30) and an upper soil retaining region (20), the support pedestal including a body (10) having a circumferential rim engaging the wall of the planting pot and further including a central boss (14) extending downwardly from the support pedestal body and contacting the base of the planting pot (FIGS. 1-2).
Chung appears to teach that the central boss is rigid so that it maintains the support pedestal body at a predetermined height above the base of the planting pot container (FIGS. 1, 2; ¶ [0024], see also ¶[0020]). However, since it is argued that Chung does not teach this limitation, then Dion teaches a planting pot comprising a rigid boss that maintains the support pedestal body at a predetermined height above the base of the planting pot container (FIGS. 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the container of Chung so that the boss is rigid and supports the pedestal body at a predetermined height above the base of the planting pot container, as taught by Dion, in order to better support the pedestal body.
Chung does not explicitly teach the body of the support pedestal includes a plurality of openings; and the plant water assembly includes a plurality of wick holders, each wick holder of the plurality of wick holders having a central through bore and including a base portion received in an opening of the plurality of openings of the body of the support pedestal and an upwardly extending projection that extends into the upper soil retaining region of the planting pot; and a plurality of water transferring wicks, each wick of the plurality of water transferring wicks received in the central through bore of a respective one of the plurality of wick holders, a lower end portion of each of the plurality of water transferring wicks extending into the lower water reservoir of the planting pot and an upper end portion of each of the plurality of water transferring wicks extending into the upper soil retaining region of the planting pot.
Putter teaches a planting pot device comprising a support pedestal (22, 28) that includes a plurality of openings (holes described at Col. 5, lines 39-41; FIGS. 3, 6, 9); and the plant water assembly includes a plurality of wick holders (32), each wick holder of the plurality of wick holders having a central through bore and including a base portion received in an opening of the plurality of openings of the body of the support pedestal and an upwardly extending projection that extends into the upper soil retaining region of the planting pot (Col. 5, lines 39-57; FIGS. 3-6, 9); and a plurality of water transferring wicks, each wick of the plurality of water transferring wicks received in the central through bore of a respective one of the plurality of wick holders, a lower end portion of each of the plurality of water transferring wicks extending into the lower water reservoir of the planting pot and an upper end portion of each of the plurality of water transferring wicks extending into the upper soil retaining region of the planting pot (Col. 5, lines 39-57; FIGS. 3-6, 9.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of Chung so that it includes the wick holders and wicks, as taught by Putter, in order to improve water delivery to the plants.
Regarding claim 11, the combination of Chung, Dion, and Putter teaches each and every element of claim 10, as discussed above, and Putter teaches each wick holder of the plurality of wick holders is cylindrical (Col. 5, lines 39-57; FIGS. 3-6, 9).
Regarding claim 12, the combination of Chung, Dion, and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the body of the support pedestal is a disk-shaped body (FIGS. 1-2).
Regarding claim 13, the combination of Chung, Dion, and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the central boss of the support pedestal includes a downwardly extending central ridge which contacts the base of the planting pot container (FIGS. 1-2).
Regarding claim 14, the combination of Chung, Dion, and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the wall of the container includes a side port (32) in fluid communication with the lower water reservoir of the planting pot (FIGS. 1-2; ¶ [0033]).
Regarding claim 17, the combination of Chung, Dion, and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the container is frustoconical in shape (FIGS. 1-2).
Regarding claim 18, the combination of Chung, Dion, and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the container is circular in horizontal cross section (FIG. 1).
Regarding claim 19, the combination of Chung, Dion, and Putter teaches each and every element of claim 10, as discussed above, and Chung teaches the wall of the planting pot includes an inner wall and an outer wall, the circumferential rim of the support pedestal body engaging the inner wall of the planting pot (FIGS. 1-2).
Regarding claim 20, the combination of Chung, Dion, and Putter teaches each and every element of claim 10, as discussed above, and Putter teaches wherein for each wick holder of the plurality of wick holders, the upwardly extending projection includes a plurality of orifices along a longitudinal extent of the projection, the plurality of orifices of the wick holder permitting water flow from the each wick of the plurality of wicks into the upper soil retaining region of the planting pot (Col. 5, lines 39-57; FIGS. 3-6, 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of the Chung and Putter combination so that each wick holder includes a plurality of orifices along the longitudinal extent of the projection, as taught by Putter, in order to improve water delivery to the plants.
Claims 6-7 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chung in view of Dion and Putter as applied to claim 5 and 14 above, and further in view of U.S. Design Patent No. D250401 to O’Shea et al. (“O’Shea”).
Regarding claims 6 and 15, the combination of Chung, Dion, and Putter teaches each and every element of claims 5 and 14, as discussed above, but it does not explicitly teach the side port includes an inwardly extending projection that extends into the interior region of the planting pot. Rather, Chung teaches the projection extends outwardly, away from the planting pot (FIGS. 1-2).
O’Shea teaches a planting pot, wherein the sidewall of the container includes a side port in fluid communication with the lower reservoir; wherein the side port includes an inwardly extending projection that extends into the interior region of the planting pot (FIGS. 1, 4-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of the Chung and Putter combination so that the side port includes an inwardly extending projection that extends into the interior region of the planting pot, as taught by O’Shea, rather than the outwardly extending projection of Chung, in order to improve the appearance of the pot.
Regarding claims 7 and 16, the combination of Chung, Dion, Putter, and O’Shea teaches each and every element of claims 6 and 15, as discussed above, and O’Shea teaches the circumferential rim of the body of the support pedestal includes a recess that interfits with the inwardly extending projection of the side port of the wall of the container (FIG. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the planting pot of the Chung, Putter, and O’Shea combination so that the circumferential rim of the body of the support pedestal includes a recess that interfits with the inwardly extending projection of the side port of the wall of the container, as taught by O’Shea, in order to allow the support pedestal to properly fit the container.
Response to Arguments
Applicant's arguments filed 01/23/2026 have been fully considered but they are not persuasive and/or are moot in light of the new grounds of rejection.
As discussed above, Chung teaches a rigid central boss (14, together with the clay described at ¶[0024]) extending downwardly from the support pedestal body and contacting the base of the planting pot to maintain the support pedestal body at a predetermined height above the base of the planting pot (FIGS. 1-2) (see also ¶ [0020] teaching that (10) is also made of a “porous net type material,” while (10) is clearly rigid, so “net type” does not mean that the structure is not rigid in the context of the disclosure).
Also, the claims are now alternatively rejected with Dion. Dion teaches a planting pot comprising a rigid boss (30) that maintains the support pedestal body at a predetermined height above the base of the planting pot container (FIGS. 1-5).
Conclusion
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/MARISA V CONLON/Primary Examiner, Art Unit 3643