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 .
Application Status
Claims 9-18 are pending and have been examined in this application.
This communication is the first action on the merits.
Information disclosure statements (IDS) have been filed on 04/26/2024, 05/24/2024, and 02/14/2025 reviewed by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a slit width decreases from outside to inside of the side surface” in claims 15-16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 10-18 are 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 10 recites the phrase "claim 1" in line 1. Since claim 1 has been canceled, this renders the claim vague and indefinite. The Examiner suggests changing “claim 1” to --claim 9--. Claims 11-18 are rejected for similar reasons, including the use of “claim 2”. For the purpose of examination, the phrase “claim 1” is being best understood as “claim 9”, and “claim 2” is being best understood as “claim 10”.
Claim 10 recites the phrase "an outer surface" in line 2. This is a double inclusion of “outer surface” in line 2 of claim 9. The Examiner suggests changing “an outer surface” to --the outer surface--.
Claim 10 recites the phrase "a bottom surface" in line 3. This is a double inclusion of “a bottom surface” in line 8 of claim 9. The Examiner suggests changing “a bottom surface” to --the bottom surface--. Claims 17-18 are rejected for similar reasons.
Claims 10-18 are rejected based on their respective dependencies.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 9, 11, 13, and 17 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by JPS53100463U.
In regard to claim 9, JPS53100463U discloses a plant pot comprising: a ventilation portion provided in a side surface having an outer surface exposed to outside when used, wherein the ventilation portion has a first opening opened toward an outside of the plant pot and a second opening opened toward an inside of the plant pot (Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where there is a plant pot with a ventilation portion 4 provided in a side surface 1 having an outer surface 1B at least exposed to outside and where the ventilation portion 4 has a first opening opened toward an outside of the plant pot and a second opening opened toward an inside (side noted as 1C) of the plant pot), an opening area of the first opening is larger than an opening area of the second opening (Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where an opening area of the first opening (on side 1B) is larger (funnel shaped) than an opening area of the second opening (on side 1C)), and the ventilation portion is at least one of a ventilation hole penetrating the side surface and a slit formed in a triangular shape expanding toward a bottom surface of the plant pot in the side surface (Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where the ventilation portion 4 is a ventilation hole penetrating the side surface 1).
In regard to claim 11, JPS53100463U discloses the plant pot according to claim 1, wherein the ventilation hole comprises a tapered portion that narrows from the first opening toward the second opening (Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where the ventilation hole 4 comprises a tapered portion that narrows from the first opening toward the second opening (see Fig. 3)).
In regard to claim 13, JPS53100463U discloses the plant pot according to claim 1, wherein the ventilation hole further comprises a cylindrical portion having a diameter equal to a diameter of the second opening (Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where the ventilation hole 4 further comprises a cylindrical portion (see portion near 1C) having a diameter equal to a diameter of the second opening).
In regard to claim 17, JPS53100463U discloses the plant pot according to claim 1, wherein the side surface bulges outward, and an inner surface of the side surface is formed in a tapered shape that narrows from an upper opening of the plant pot toward a bottom surface of the plant pot (Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where the side surface bulges outward (at least at element 3) and where an inner surface 1C of the side surface 1 is formed in a tapered shape that at least narrows from an upper opening of the plant pot toward a bottom surface 2 of the plant pot (see Fig. 2)).
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.
Claims 10, 12, 14-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over JPS53100463U in view of Au (U.S. Pub. 20160150741).
In regard to claim 10, JPS53100463U discloses the plant pot according to claim 1. JPS53100463U is silent on a recess is provided on an outer surface of the side surface, and the recess is formed from an edge of the first opening toward a bottom surface of the plant pot. Au discloses a recess is provided on an outer surface of the side surface, and the recess is formed from an edge of the first opening toward a bottom surface of the plant pot (Figs. 1-6 and Paragraphs [0032-0037], where there is a recess (recessed portion right under portions 30/31, also right below element 21) is provided on an outer surface of the side surface 11 and where the recess (recessed portion right under portions 30/31) is formed from an edge of the first opening 30 toward a bottom surface of the plant pot). JPS53100463U and Au are analogous because they are from the same field of endeavor which include plant pots. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of JPS53100463U such that a recess is provided on an outer surface of the side surface, and the recess is formed from an edge of the first opening toward a bottom surface of the plant pot in view of Au. The motivation would have been to provide a recessed portion below the ventilation openings, in order to allow excess soil or water to be directed down through a channel-like structure via gravity to further improve cleanliness.
In regard to claim 12, JPS53100463U as modified by Au discloses the plant pot according to claim 2, wherein the ventilation hole comprises a tapered portion that narrows from the first opening toward the second opening (JPS53100463U, Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where the ventilation hole 4 comprises a tapered portion that narrows from the first opening toward the second opening (see Fig. 3)).
In regard to claim 14, JPS53100463U as modified by Au discloses the plant pot according to claim 2, wherein the ventilation hole further comprises a cylindrical portion having a diameter equal to a diameter of the second opening (JPS53100463U, Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where the ventilation hole 4 further comprises a cylindrical portion (see portion near 1C) having a diameter equal to a diameter of the second opening).
In regard to claim 15, JPS53100463U discloses the plant pot according to claim l. JPS53100463U is silent on the slit is formed such that a slit width decreases from outside to inside of the side surface. Au discloses the slit is formed such that a slit width decreases from outside to inside of the side surface (Figs. 1-6 and Paragraphs [0032-0037], where the slit 30/31 is formed such that a slit width decreases from outside to inside of the side surface (via narrowing of portions 31 toward inside of the pot)). JPS53100463U and Au are analogous because they are from the same field of endeavor which include plant pots. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of JPS53100463U such that the slit is formed such that a slit width decreases from outside to inside of the side surface in view of Au. The motivation would have been to provide a larger area for directed air flow toward the plant, on the outside of the pot, while maintaining a relatively smaller sized opening. Additionally, the inwardly narrowing slits of Au provide “a supplementary pruning of the roots” (Paragraph [0037]).
In regard to claim 16, JPS53100463U as modified by Au discloses the plant pot according to claim 2, wherein the slit is formed such that a slit width decreases from outside to inside of the side surface (Au, Figs. 1-6 and Paragraphs [0032-0037], where the slit 30/31 is formed such that a slit width decreases from outside to inside of the side surface (via narrowing of portions 31 toward inside of the pot)).
In regard to claim 18, JPS53100463U as modified by Au discloses the plant pot according to claim 2, wherein the side surface bulges outward, and an inner surface of the side surface is formed in a tapered shape that narrows from an upper opening of the plant pot toward a bottom surface of the plant pot (JPS53100463U, Figs. 1-3 and Translated Specification Paragraphs [0001-0002], where the side surface bulges outward (at least at element 3) and where an inner surface 1C of the side surface 1 is formed in a tapered shape that at least narrows from an upper opening of the plant pot toward a bottom surface 2 of the plant pot (see Fig. 2)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of plant pots and containers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647