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 .
Election/Restrictions
Applicant’s election without traverse of Species A (Claims 1-16) in the reply filed on 22 May 2026 is acknowledged.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 1-16 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 1 recites the limitation "the rounded edge" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the distal end" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the distal end" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the fulcrum point" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the distal end" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the distal end" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the bar" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 101 recites the limitation "the hole" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the bar" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-8 and 11-15 are rejected as being dependent upon a rejected base claim.
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.
Claim(s) 1, 4-9, 12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by China Patent CN 113748920 to Li et al.
Regarding Claim 1, Li teaches a plant limb training apparatus, comprising: a first plate (Li Fig. 1 #2), wherein the first plate comprises a bar (Li Fig. 5 #13) extending outward at a first fulcrum portion, wherein the first plate comprises a first support arm (Li Fig. 1 #5) extending outward near the distal end of the first plate, wherein a pin (Li Fig. 5 #8) is disposed on the first support arm extending partially toward the bar; and a second plate (Li Fig. 1 #1), wherein the second plate comprises a hole (Li Fig. 4 #14) at a second fulcrum portion, wherein the second plate comprises a second support arm (Li Fig. 1 #6) extending outward near the distal end of the second plate, wherein the rounded edge of the second plate near the second fulcrum portion comprises a partial gear (Li Fig. 4 #7), and wherein the bar of the first plate is disposed in the hole of the second plate thus creating a fulcrum point at the first and second fulcrum portions, and the pin on the first support arm is substantially close to the partial gear of the second plate (Li Fig. 1).
Regarding Claim 9, Li teaches a plant limb training apparatus, comprising: a first plate (Li Fig. 1 #2) and a second plate (Li Fig. 1 #1), wherein the first plate contains a first support arm (Li Fig. 1 #5 at distal end of #2) extending outward near the distal end of the first plate, wherein the second plate contains a second support arm (Li Fig. 1 #6) extending outward near the distal end of the second plate, wherein the edge of the second plate near the fulcrum point comprises a partial rounded gear (Li Fig. 4 #7), wherein the first plate and second plate are rotatably and axially connected at a fulcrum point, wherein the first plate contains a pin (Li Fig. 5 #8) disposed on the first support arm that extends partially toward the fulcrum point; and wherein pin is substantially close to the partial gear of the second plate (Li Fig. 1).
Regarding Claims 4 and 12, Li teaches the pin (Li Fig. 5 #19) is configured to rotationally engage the partial gear (Li Fig. 4 #7 and Fig. 1; Fig. 2 angles a).
Regarding Claims 5 and 13, Li teaches when the second plate is disposed on the first plate, the second plate rotates at the fulcrum point and is locked into place at each dedendum of the gear (Li Fig. 3 #1 and #2 and Fig. 4 #7 and Fig. 5 #16, #8).
Regarding Claims 6 and 14, Li teaches one or more additional support arms are disposed on the first plate and/or the second plate (Li Fig. 1 #5 at fulcrum area).
Regarding Claims 7 and 15, Li teaches wherein the first plate and the second plate are one solid piece (Li Fig. 4 #1 and Fig. 5 #2).
Regarding Claims 8 and 16, Li teaches the bar (Li Fig. 5#13) and the first support arm (Li Fig. 1 #5 are distal end of #2) each extend outward from the first plate at an approximately 90 degree angle, and the second support arm (Li Fig. 1 #6) extends outward from the second plate at an approximately 90 degree angle.
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.
Claim(s) 2, 3, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over by China Patent CN 113748920 to Li et al in view of U.S. Patent No. 0115,063 to Keffer.
Regarding Claims 2, 3, 10 and 11, Li is silent on wherein one or more nubs are disposed on the bar on the first plate; wherein the hole on the second plate comprises one or more notches in the shape of the one or more nubs on the bar on the first plate. However, Keffer teaches the general knowledge of one of ordinary skill in the art that it is old and notoriously well-known to provide one or more nubs on a bar that is received in a hole, and the hole comprises one or more notches in the shape of the one or more nubs (Keffer Fig. 6 bar E, nub g; Fig. 7 notch f). It would have been obvious to one of ordinary skill in the art to modify the teachings of Li with the teachings of Keffer before the effective filing date of the claimed invention with a reasonable expectation of success lock into position as taught by Keffer. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of record is a teaching of the general knowledge of one of ordinary skill in the art with regard to plant support members and/or ratchet joints:
U.S. Patent No. D1,103,719; U.S. Patent No. D981,193; United Kingdom Patent GB 2597689; U.S. Patent Pub. No. 2005/0217198; U.S. Patent Pub. No. 2005/0045786; U.S. Patent Pub. No. 2022/0394392; U.S. Patent Pub. No. 2022/0039330; China Patent CN 111406533; and China Patent CN 202458788.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREA M VALENTI whose telephone number is (571)272-6895. The examiner can normally be reached Available Monday and Tuesday only, eastern time.
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/ANDREA M VALENTI/Primary Examiner, Art Unit 3643
16 June 2026
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