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 .
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.
Claim(s) 1, 4-7 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Capodice (US-20170251642-A1) in view of Zhan (CN 217088624 U).
Regarding claim 1, Capodice discloses a plant pot comprising:
a base (20) having a base upper portion and a base lower portion (base 20 with upper and lower surfaces/portions, see fig 3), wherein the base is circular in shape (see fig 3);
a pot body (61) attached to a first half part of the base upper portion (61, see figs 1-2, para 0056-0057); wherein the pot body is semi-circular in shape (see fig 3);
a transparent window (62) attached to a second half part of the base upper portion (transparent half 62, see figs 1-2, para 0056-0057), wherein the first half part is opposite from the second half part (see fig 3); wherein the transparent window is semi-circular in shape (see fig 3);
wherein the base upper portion comprises concentric slots having an outer slot and an inner slot (channels 21 and 22, see fig 12 and para 0063).
Capodice fails to disclose wherein the pot body is disposed in the outer slot and the transparent window is disposed in the inner slot; and a door attached to the pot body, wherein the door is configured to cover a front portion of the transparent window.
Zhan teaches a door (3, see fig 3) attached to the pot body (1), wherein the door is configured to cover a front portion of the transparent window (Capodice as modified with the door of Zhan would teach a door covering the transparent window portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the pot of Capodice with the door of Zhan with a reasonable expectation of success as this will allow for increased protection from sunlight and other elements as desired based on the needs of the contents of the pot.
The modified reference teaches the claimed invention except wherein the pot body is disposed in the outer slot and the transparent window is disposed in the inner slot. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the pot being in the outer slot and the window being in the inner slot with a reasonable expectation of success as this will leave space on the window side for the door to be attached for increased protection and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Regarding claim 4, the modified reference teaches the plant pot of claim 1, and Capodice further discloses wherein the transparent window is removably attached to the second half part of the base upper portion (transparent window 62 can be slideabley removed, see fig 1-2).
Regarding claim 5, the modified reference teaches the plant pot of claim 1, and Zhan further teaches wherein the door is removably attached to the pot body (door 3 is removably mounted by contact strip 12, see fig 3).
Regarding claim 6, the modified reference teaches the plant pot of claim 1, and Zhan further teaches wherein the door is pivotally attached to the pot body via a hinge (hinge 12, see fig 3), and wherein the door is configured to move between a door open state and a door closed state via the hinge (see fig 3).
Regarding claim 7, the modified reference teaches the plant pot of claim 1, and Zhan further teaches wherein the pot body comprises a latching mechanism to hold the door closed in the door closed state (11 and 4, see fig 3).
Regarding claim 17, the modified reference teaches the plant pot of claim 1.
The modified reference fails to teach wherein the pot body is an opaque body
Zhan teaches wherein the pot body is an opaque body (see fig 3, pot body 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the pot body to be opaque as taught by Zhan with a reasonable expectation of success as this will allow for increased protection from sunlight and other elements as desired based on the needs of the contents of the pot.
Regarding claim 18, the modified reference teaches the plant pot of claim 1.
The modified reference fails to teach wherein the door is an opaque body
Zhan teaches wherein the door is an opaque body (see fig 3, door 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the door to be opaque as taught by Zhan with a reasonable expectation of success as this will allow for increased protection from sunlight and other elements as desired based on the needs of the contents of the pot.
Regarding claim 19, Capodice discloses a plant pot comprising:
a base (20) having a base upper portion and a base lower portion (base 20 with upper and lower surfaces/portions, see fig 3), wherein the base is circular in shape (see fig 3);
a pot body (61) attached to a first half part of the base upper portion (61, see figs 1-2, para 0056-0057); wherein the pot body is semi-circular in shape (see fig 3);
a transparent window (62) attached to a second half part of the base upper portion (transparent half 62, see figs 1-2, para 0056-0057), wherein the first half part is opposite from the second half part (see fig 3); wherein the transparent window is semi-circular in shape (see fig 3),
wherein the base upper portion comprises concentric slots having an outer slot and an inner slot (channels 21 and 22, see fig 12 and para 0063),
wherein the transparent window is removably attached to the second half part of the base upper portion (transparent window 62 can be slideabley removed, see fig 1-2).
Capodice fails to disclose wherein the pot body is disposed in the outer slot and the transparent window is disposed in the inner slot; and a door attached to the pot body, wherein the door is configured to cover a front portion of the transparent window.
Zhan teaches a door (3, see fig 3) attached to the pot body (1), wherein the door is configured to cover a front portion of the transparent window (Capodice as modified with the door of Zhan would teach a door covering the transparent window portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the pot of Capodice with the door of Zhan with a reasonable expectation of success as this will allow for increased protection from sunlight and other elements as desired based on the needs of the contents of the pot.
The modified reference teaches the claimed invention except wherein the pot body is disposed in the outer slot and the transparent window is disposed in the inner slot. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the pot being in the outer slot and the window being in the inner slot with a reasonable expectation of success as this will leave space on the window side for the door to be attached for increased protection and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Capodice (US-20170251642-A1) in view of Zhan (CN 217088624 U) as applied to claim 1 above, and further in view of Kwon (KR 20160004412 U).
Regarding claim 8, the modified reference teaches the plant pot of claim 1, and Zhan further teaches wherein the door is semi-circular in shape (3, see fig 3).
The modified reference fails to teach wherein the door comprises a cut-out.
Kwon teaches wherein the door (130) comprises a cut-out (131, see figs 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant pot with the cut out of Kwon with a reasonable expectation of success because this will allow the user to view the soil to determine water retention and root health.
Regarding claim 9, the modified reference teaches the plant pot of claim 8.
The modified reference fails to teach further comprising a shade configured to move between a shade open state and a shade closed state to uncover or cover the cut-out.
Kwon teaches further comprising a shade configured to move between a shade open state and a shade closed state to uncover or cover the cut-out (shade member 133, slides on rails 132, see figs 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pot door with the shade of Kwon with a reasonable expectation of success because this will ensure the roots have periods of darkness as needed by the plant type for health and growth.
Regarding claim 10, the modified reference teaches the plant pot of claim 9, and Kwon further teaches wherein the shade is configured to slide between the shade open state and the shade closed state (shade member 133, slides on rails 132, see figs 8-9).
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Capodice (US-20170251642-A1) in view of Zhan (CN 217088624 U) and Kwon (KR 20160004412 U)).
Regarding claim 20, Capodice discloses a plant pot comprising:
a base (20) having a base upper portion and a base lower portion (base 20 with upper and lower surfaces/portions, see fig 3), wherein the base is circular in shape (see fig 3);
a pot body (61) attached to a first half part of the base upper portion (61, see figs 1-2, para 0056-0057); wherein the pot body is semi-circular in shape (see fig 3);
a transparent window (62) attached to a second half part of the base upper portion (transparent half 62, see figs 1-2, para 0056-0057), wherein the first half part is opposite from the second half part (see fig 3); wherein the transparent window is semi-circular in shape (see fig 3),
wherein the base upper portion comprises concentric slots having an outer slot and an inner slot (channels 21 and 22, see fig 12 and para 0063).
Capodice fails to disclose wherein the pot body is disposed in the outer slot and the transparent window is disposed in the inner slot; and a door attached to the pot body, wherein the door is configured to cover a front portion of the transparent window, and wherein the door comprises a cut-out, and a shade configured to move between a shade open state and a shade closed state to uncover or cover the cut-out.
Zhan teaches a door (3, see fig 3) attached to the pot body (1), wherein the door is configured to cover a front portion of the transparent window (Capodice as modified with the door of Zhan would teach a door covering the transparent window portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the pot of Capodice with the door of Zhan with a reasonable expectation of success as this will allow for increased protection from sunlight and other elements as desired based on the needs of the contents of the pot.
Kwon teaches wherein the door (130) comprises a cut-out (131, see figs 8-9), and a shade configured to move between a shade open state and a shade closed state to uncover or cover the cut-out (shade member 133, slides on rails 132, see figs 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant pot with the cut out and shade of Kwon with a reasonable expectation of success because this will allow the user to view the soil to determine water retention and root health while allowing for coverage and darkness based on plant needs.
The modified reference teaches the claimed invention except wherein the pot body is disposed in the outer slot and the transparent window is disposed in the inner slot. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the pot being in the outer slot and the window being in the inner slot with a reasonable expectation of success as this will leave space on the window side for the door to be attached for increased protection and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Response to Arguments
Applicant's arguments filed 1-21 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-21 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’s amendment necessitated a new grounds of rejection with a new primary reference, Capodice, and therefore the arguments regarding the previous combination of references are moot.
In regards to Applicant’s arguments against Zhan, the Office respectfully disagrees. Zhan is now only being used to teach the door, not the pot body structure.
In regards to Applicant’s arguments against Kwon, the Office respectfully disagrees. Kwon is now only being used to teach the cut-out and shade, not the base transparent window.
Allowable Subject Matter
Claims 11 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 12-14, 16 and 21 are objected to by virtue of their dependency on claims 11 and 15, respectively.
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.
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/K.A.K./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642