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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/6/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 16, 19 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (U.S. Patent Application Publication No. 2021/0204491) in view of Profile Products LLC (WO 2021/226435, as cited by Applicant) and Mayhew et al. (WO 2019/011630).
For claim 16, Xu et al. discloses a method for producing a dry preformed plant growth substrate arranged to be used for growing plants in an indoor garden device, wherein the method comprises steps of: producing a mixture by mixing a plant-derived component ([0120]: “natural fibres or products formed therefrom”) and solvent together ([0120]: “hydrated to form a slurry” - it is well known that hydrated means that water has been added); providing a mould having a 3-dimensional shape for a preformed growth substrate ([0127]: “a ridged template or mould with depression incorporated”); directing the mixture into the mould for forming the preformed growth substrate ([0127]: “spreading the fibres over a ridged template or mould with depression incorporated“ and [0132]: “the slurry is left to dry across a molded screen”); stabilizing the mixture inside the mould into the preformed growth substrate ([0132]: “the slurry is left to dry across a molded screen, rather than a flat screen, so that depressions are formed during the drying process”); removing the preformed growth substrate from the mould after stabilizing ([0088]: “In use [emphasis added], the growing mat of the present invention is fortified with nutrients during manufacture and dried. The dried mat is then supported by a rigid structure and suspended over water, such that the mat is just saturated but not floating in the water.”); drying the preformed growth substrate to form a dry preformed growth substrate ([0126]: “left to dry naturally or using fans, heating or other forced drying techniques” and [0132]) before adding seeds into the dry preformed growth substrate (as shown in the steps of Fig. 8); and forming the dry preformed growth substrate into the dry preformed plant growth substrate by adding seeds into the dry preformed growth substrate ([0127] and [0128]: “Once depressions 130 are formed within the mat surface, seeds are placed 250 within some or all of the depressions.”).
Xu et al. is silent about the step of drying the preformed growth substrate to below 20% moisture content. Profile Products LLC teaches a method for producing a dry preformed plant growth substrate arranged to be used for growing plants in an indoor garden device, wherein the method comprises steps of: drying a preformed growth substrate to below 20% moisture content ([0044]). 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 method of Xu et al. to include drying the growth substrate to below 20% moisture content as taught by Profile Products LLC for the advantage of bonding the fibers to create a solid growth substrate capable of handling and maintaining shape during germination of seeds and growth of plants.
Xu et al. discloses the method further comprises a step of applying fungicides to the substrate ([0052] and [0120]), but fails to specifically show a step of: applying natamycin suspension to the preformed growth substrate; or applying natamycin suspension to the dry preformed growth substrate; or applying natamycin suspension to the dry preformed plant growth substrate. However, Mayhew et al. teaches a method for producing a dry preformed plant growth substrate arranged to be used for growing plants in an indoor garden device, wherein the method comprises steps of: applying natamycin suspension to a preformed growth substrate, the dry preformed growth substrate, or to the dry preformed plant growth substrate (Page 5, lines 36-38; Page 10, lines 5-6 and 36). 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 method of Xu et al. to include applying natamycin as taught by Mayhew et al. for the advantage of preventing fungal growth.
For claim 19, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method for producing a dry preformed plant growth substrate according to claim 16, wherein the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying natamycin suspension to the dry preformed growth substrate after the step of: drying the preformed growth substrate to below 20% moisture content to form the dry preformed growth substrate before adding seeds into the dry preformed growth substrate; and before the step of: forming the dry preformed growth substrate into the dry preformed plant growth substrate by adding seeds into the dry preformed growth substrate (Mayhew et al. Page 5, lines 36-38: “A medium to be planted by the seed”).
For claim 23, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method for producing a dry preformed plant growth substrate according to claim 16, wherein the step of forming the dry preformed growth substrate into the dry preformed plant growth substrate comprises: placing the seeds in the dry preformed growth substrate at a depth relative to a top surface of the dry preformed growth substrate (Xu et al. [0014] and Fig. 4b).
For claim 24, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method for producing a dry preformed plant growth substrate according to claim 16, wherein the step of producing the mixture further comprises: mixing at least one functional additive together with the plant-derived component and solvent (Xu et al. [0088]: “In use, the growing mat of the present invention is fortified with nutrients during manufacture and dried.” and [0120]: “Functional additives or chemicals such as fungicides, fertilisers, nutrients or preservatives may be added at this point as required.”), or mixing an adhesive component together with the plant-derived component and solvent, or mixing an adhesive component together with the plant-derived component and solvent and further mixing at least one other functional additive together with the plant-derived component, the adhesive component and solvent.
For claim 25, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method for producing a dry preformed plant growth substrate according to claim 16, wherein the method comprises a step of: dispersing natamycin in solvent, ethanol, or propanol such that the natamycin suspension having a concentration of 2-10% by mass prior to the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate (Mayhew et al. Page 5, lines 29-35).
Claims 17, 18, 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (U.S. Patent Application Publication No. 2021/0204491) in view of Profile Products LLC (WO 2021/226435, as cited by Applicant) and Mayhew et al. (WO 2019/011630), as applied to claim 16 above, and further in view of Kalwa (EP 3143870).
For claim 17, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method substantially as claimed, but fails to show the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying natamycin suspension to the preformed growth substrate after the step of: directing the mixture into a mould for forming a preformed growth substrate, and before the step of: stabilizing the mixture inside the mould into the preformed growth substrate. Kalwa teaches the method comprises steps of: applying natamycin suspension to the preformed growth substrate (as discussed in the translated claim 13 “d) spraying at least one antimicrobial agent on the fiber cake, in particular the top of the fiber cake”) after the step of: directing the mixture into a mould for forming a preformed growth substrate (as discussed in the translated claim 13 “c2) defibration of the pre-fleece, mixing and application of the fiber mixture on a second conveyor belt to form a fiber cake”), and before the step of: stabilizing the mixture inside the mould into the preformed growth substrate (as discussed in the translated claim 13 “e) heating and compacting the fiber cake into a wood fiber mat”). 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 method of Xu et al., Profile Products LLC, and Mayhew et al. to include applying an antimicrobial agent as taught by Kalwa for the advantage of providing natamycin to the preformed growth substrate before drying the substrate.
For claim 18, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method substantially as claimed, but fails to show the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying natamycin suspension to the preformed growth substrate after the step of: stabilizing the mixture inside the mould into the dry preformed growth substrate, and before the step of: removing the preformed growth substrate from the mould after stabilizing. Kalwa teaches the method comprises steps of: applying an antimicrobial agent to the preformed growth substrate (as discussed in the translated claim 13 “d) spraying at least one antimicrobial agent on the fiber cake, in particular the top of the fiber cake”) or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying an antimicrobial agent to the preformed growth substrate after the step of: stabilizing the mixture inside the mould into the dry preformed growth substrate (as discussed in the translated claim 13 “c2) defibration of the pre-fleece, mixing and application of the fiber mixture on a second conveyor belt to form a fiber cake” defines the stabilization of the substrate), and before the step of: removing the preformed growth substrate from the mould after stabilizing (as discussed in the translated claim 13 “e) heating and compacting the fiber cake into a wood fiber mat”). 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 method of Xu et al., Profile Products LLC, and Mayhew et al. to include applying an antimicrobial agent as taught by Kalwa for the advantage of providing natamycin to the preformed growth substrate before drying the substrate.
For claim 21, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method substantially as claimed, but fails to show wherein the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: spraying the natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate. Kalwa teaches a method for producing a dry preformed plant growth substrate arranged to be used for growing plants in an indoor garden device, wherein the method comprises steps of: applying antimicrobial agent to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: spraying the antimicrobial agent to the preformed growth substrate (as discussed in the translated claim 13 “ d) spraying at least one antimicrobial agent on the fiber cake”) or the dry preformed growth substrate or to the dry preformed plant growth substrate. 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 method of Xu et al., Profile Products LLC, and Mayhew et al. to include spraying an antimicrobial agent as taught by Kalwa for the advantage of preventing the growth of mold and other microorganisms.
For claim 22, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method substantially as claimed, but fails to show wherein the step of directing the mixture into mould comprises: directing the mixture into the mould to form a top surface of the preformed growth substrate, and the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying natamycin suspension to the top surface of the preformed growth substrate; or applying natamycin suspension to the top surface of the dry preformed growth substrate; or applying natamycin suspension to the top surface of the dry preformed plant growth substrate. Kalwa teaches a method for producing a dry preformed plant growth substrate arranged to be used for growing plants in an indoor garden device, wherein the method comprises steps of: directing the mixture into mould comprises: directing the mixture into the mould to form a top surface of the preformed growth substrate (as discussed in the translated claim 13 “c2) defibration of the pre-fleece, mixing and application of the fiber mixture on a second conveyor belt to form a fiber cake”), and the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying an antimicrobial agent to the top surface of the preformed growth substrate (as discussed in the translated claim 13 “d) spraying at least one antimicrobial agent on the fiber cake, in particular the top of the fiber cake”); or applying natamycin suspension to the top surface of the dry preformed growth substrate; or applying natamycin suspension to the top surface of the dry preformed plant growth substrate. 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 method of Xu et al., Profile Products LLC, and Mayhew et al. to include applying an antimicrobial agent to the top surface as taught by Kalwa for the advantage of preventing the growth of mold and other microorganisms within the dry preformed plant growth substrate.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (U.S. Patent Application Publication No. 2021/0204491) in view of Profile Products LLC (WO 2021/226435, as cited by Applicant) and Mayhew et al. (WO 2019/011630), as applied to claim 16 above, and further in view of (JP 2015506924, herein JP ‘924).
For claim 20, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method substantially as claimed, but fails to show wherein the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying natamycin suspension to the dry preformed plant growth substrate after the step of: forming the dry preformed growth substrate into the dry preformed plant growth substrate by adding seeds into the dry preformed growth substrate. JP ‘924 teaches a method for producing a dry preformed plant growth substrate arranged to be used for growing plants in an indoor garden device, wherein the method comprises the step of: applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying natamycin suspension to the dry preformed plant growth substrate after the step of: forming the dry preformed growth substrate into the dry preformed plant growth substrate by adding seeds into the dry preformed growth substrate (as discussed in the translated description “Also, in certain embodiments, two or more different polyene fungicides can contact the seed, the medium in which the seed is planted, or both. Preferably one of the polyene fungicides is natamycin.” and “The seeds can also be treated after sowing rather than directly on the seeds, for example by spraying a polyene fungicide on the soil or medium.”). 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 method of Xu et al., Profile Products LLC, and Mayhew et al. to include applying natamycin suspension after the step of forming the dry preformed growth substrate into the dry preformed plant growth substrate by adding seeds as taught by JP ‘924 for the advantage of preventing the growth of mold and other microorganisms within the dry preformed plant growth substrate to improve seed germination.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (U.S. Patent Application Publication No. 2021/0204491) in view of Profile Products LLC (WO 2021/226435, as cited by Applicant) and Mayhew et al. (WO 2019/011630), as applied to claim 16 above, and further in view of Ceradis B.V. (WO 2021/029770, as cited by Applicant).
For claim 26, Xu et al. as modified by Profile Products LLC and Mayhew et al. disclose the method substantially as claimed, but fails to show wherein the step of applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate comprises: applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate in amount maximum 2,0 litre/m2. Ceradis B.V. teaches a method for producing a dry preformed plant growth substrate arranged to be used for growing plants in an indoor garden device, wherein the method comprises the step of: applying natamycin suspension to the preformed growth substrate or the dry preformed growth substrate or to the dry preformed plant growth substrate in amount maximum 2,0 litre/m2 (Page 15, lines 23-25: “0.01-5.0 grams of natamycin per m2 of growth substrate” which includes an equated amount of natamycin of 2 g/m2). 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 method of Xu et al., Profile Products LLC, and Mayhew et al. to include the amount of natamycin suspension as taught by Ceradis B.V. for the advantage of effectively treating the dry preformed plant growth substrate with natamycin.
Claims 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over McKenzie (U.S. Patent No. 3,973,355) in view of Stark (U.S. Patent Application Publication No. 2015/0150159).
For claim 27, McKenzie discloses a dry preformed plant growth substrate for growing plants in an indoor garden device, wherein the dry preformed growth substrate comprises: a solid substrate body (Fig. 2 and Col. 4, line 28-32; and Col. 15, lines 15-20: 14) having a top surface, a bottom surface and an outer surface extending between the top surface and the bottom surface around the solid substrate body (as shown in Fig. 2), seeds arranged inside the solid substrate body (Col. 3, lines 45-48), the solid substrate body comprising in a dry state: at least one plant-derived component (Col. 4, line 28-32) and an adhesive component (Col. 5, line 64- Col. 6, line 2), which are interconnected to form a stable porous structure in a form of a solid substrate body (Col. 1, lines 16-21), the solid substrate body further comprising a fungicide and/ or a soil sterilant (Col. 15, lines 11-15).
McKenzie fails to show the solid substrate body further comprising natamycin. Stark teaches a dry preformed plant growth substrate for growing plants in an indoor garden device, wherein the dry preformed growth substrate comprises: a substrate ([0015]); the substrate body further comprising natamycin ([0050]). 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 invention of McKenzie to include natamycin as taught by Stark for the advantage of preventing fungal growth.
For claim 28, McKenzie as modified by Stark discloses the dry preformed plant growth substrate according to claim 27, wherein the natamycin is provided on the top surface of the solid substrate body (Stark [0050]: “natamycin is applied to the upper surface of the substrate”).
For claim 29, McKenzie as modified by Stark discloses the dry preformed plant growth substrate according to claim 27, wherein the natamycin is provided on the outer surface of the solid substrate body (Stark [0050]: “natamycin is applied to the upper surface of the substrate”).
For claim 30, McKenzie as modified by discloses the dry preformed plant growth substrate according to claim 27, wherein the fungicide is provided in the structure of the solid substrate body (McKenzie Col. 15, lines 11-15).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hee et al. (CA 2693885 A) shows natamycin added to a growth substrate; Zhou (CN 108990608 A) shows a fungicide having a moisture content of 20-30% of a gardening substrate; Kumar (U.S. Patent No. 10,881,099) shows natamycin applied to a plant growth medium; Bong Kyun (U.S. Patent Application Publication No. 2008/0202026) shows a seed mat molded in a block shape containing an anti-fungus agent.
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.
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, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIELLE A CLERKLEY/ Examiner, Art Unit 3643