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 .
Notice to Applicant
Claims 1-5, 8-16 have been examined in this application. This communication is the first action on the merits of these claims.
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 1-5, 8, 10-13, 15-16 are rejected under 35 USC 103 as being obvious over US Patent Number 1,095,504 to Jannoch in view of US Patent Application Number 2009/0212187 by Chen.
Regarding claim 1, Jannoch discloses a hanging plant water saucer support assembly comprising:
A support ring (supporting ring 14) configured to hold a water saucer by an outer rim thereof (rim 13); and
A plurality of hanger assemblies (vertical supporting members 20), each comprising an elongated member, a first connecting device disposed at a first end of said elongated member and detachably connecting said support ring and said elongated member (loop 21 attaches to offsets 16 of ring 14), and a second connecting device disposed at a second end of said elongated member and configured to detachably connect to a hanging plant (hook formations 23) to suspend said support ring and a water saucer held thereby from a hanging plant adjacent a bottom portion thereof (see Figure 1) to catch water (column 1, lines 11-13 discloses “for holding a drip catcher beneath a hanging basket used for plants and flowers”).
Jannoch does not disclose said second connecting device comprises a hook structure configured to hang on said hanging plant, wherein said hook structure comprises a round hook defining a partial circle extending greater than 270 degrees such that the round hook is configured to hook onto a support wire or rope of a hanging structure attached to an upper portion of a pot of a hanging plant. However, this limitation is taught by Chen. Chen discloses a hanging basket with a round hook 21 that defines a partial circle extending greater than 270 degrees (see Figure 1) such that the round hook is configured to hook onto support ropes 22 of the hanging structure 20 attached to an upper portion 12 of basket 10. It would be obvious to a person having ordinary skill in the art to modify Jannoch using the teachings from Chen in order to provide a structure to hang basket 10.
Regarding claim 2 (dependent on claim 1), Jannoch discloses said support ring comprises adjustable segments to permit selective alteration of the diameter of said support ring to support water saucers of different sizes. Column 1, lines 50-54 discloses “The supporting ring 14 is preferably made of wire and is broken at the point 15 so that it may be expanded or contracted to fit varying diameters of the drip catcher”.
Regarding claim 3 (dependent on claim 1), Jannoch discloses the support ring comprises a friction surface to grip a water saucer. Column 1, lines 50-51 discloses “The supporting ring 14 is preferably made of wire”, wires have a friction surface.
Regarding claim 4 (dependent on claim 1), Jannoch discloses said first connecting device comprises a first connecting member attached to said support ring (offset 16 is attached to ring 14) and a second connecting member attached to said first end of said elongated member (spring loop 21 is attached to the first end of vertical members 20).
Regarding claim 5 (dependent on claim 4), Jannoch discloses said first connecting member comprises a post (offset 16 comprises a post extending out from ring 14) and said second connecting member comprises a clip structure configured to detachably and pivotably clip onto said post (spring loop 21 can be detachably and pivotably clipped onto offset 16).
Regarding claim 8 (dependent on claim 1), Jannoch discloses said elongated member comprises a plastic or metallic rod. Column 1, lines 14-15 disclose “The invention consists in a device preferably made of wire bent into suitable shape”.
Regarding claims 10 (dependent on claim 1), 15 (dependent on claim 12), Jannoch does not disclose the elongated member comprising a telescoping rod. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the vertical support members 20 telescoping so that they can be adjusted to be hanged beneath different sizes of plant pots, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954) .
Regarding claim 11 (dependent on claim 1), Jannoch discloses the hanging plant water saucer support assembly further comprising a water saucer configured to fit into said support ring (drip catcher 12).
Regarding claim 12, Jannoch discloses a hanging plant water saucer support assembly comprising:
A support ring (supporting ring 14) configured to hold a water saucer by an outer rim thereof (rim 13), wherein:
Said support ring comprises adjustable segments to permit selective alteration of the diameter of said support ring to support water saucers of different sizes (column 1, lines 50-54 discloses “The supporting ring 14 is preferably made of wire and is broken at the point 15 so that it may be expanded or contracted to fit varying diameters of the drip catcher”),
Said support ring comprises a friction surface to grip a water saucer (column 1, lines 50-51 discloses “The supporting ring 14 is preferably made of wire”, wires have a friction surface); and
A plurality of hanger assemblies (vertical supporting members 20), each comprising an elongated member, a first connecting device disposed at a first end of said elongated member and detachably connecting said support ring and said elongated member (loop 21 attaches to offsets 16 of ring 14), and a second connecting device disposed at a second end of said elongated member and configured to detachably connect to a hanging plant (hook formations 23) to suspend said support ring and a water saucer held thereby from a hanging plant adjacent a bottom portion thereof (see Figure 1) to catch water (column 1, lines 11-13 discloses “for holding a drip catcher beneath a hanging basket used for plants and flowers”), wherein:
Said first connecting device comprises a first connecting member attached to said support ring (offset 16 is attached to ring 14) and a second connecting member attached to said first end of said elongated member (spring loop 21 is attached to the first end of vertical members 20), wherein said first connecting member comprises a post (offset 16 comprises a post extending out from ring 14) and said second connecting member comprises a clip structure configured to detachably and pivotably clip onto said post (spring loop 21 can be detachably and pivotably clipped onto offset 16).
Jannoch does not disclose said second connecting device comprises a hook structure configured to hang on said hanging plant, wherein said hook structure comprises a round hook defining a partial circle extending greater than 270 degrees such that the round hook is configured to hook onto a support wire or rope of a hanging structure attached to an upper portion of a pot of a hanging plant. However, this limitation is taught by Chen. Chen discloses a hanging basket with a round hook 21 that defines a partial circle extending greater than 270 degrees (see Figure 1) such that the round hook is configured to hook onto support ropes 22 of the hanging structure 20 attached to an upper portion 12 of basket 10. It would be obvious to a person having ordinary skill in the art to modify Jannoch using the teachings from Chen in order to provide a structure to hang basket 10.
Regarding claim 13 (dependent on claim 12), Jannoch discloses said elongated member comprises a plastic or metallic rod. Column 1, lines 14-15 disclose “The invention consists in a device preferably made of wire bent into suitable shape”.
Regarding claim 16 (dependent on claim 12), Jannoch discloses the hanging plant water saucer support assembly further comprising a water saucer configured to fit into said support ring (drip catcher 12).
Claims 9 and 14 are rejected under 35 USC 103 as being obvious over US Patent Number 1,095,504 to Jannoch in view of US Patent Application Number 2009/0212187 by Chen, in further view of US Patent Number 5,052,149 to Johnson.
Regarding claims 9 (dependent on claim 1), 14 (dependent on claim 12), Jannoch does not disclose said elongated member comprises a resiliently elastic cord. However, this limitation is taught by Johnson. Johnson discloses a water catcher 10 hanging beneath plant container 22 by elastic cords 52. It would be obvious to a person having ordinary skill in the art to modify Jannoch using the teachings from Johnson to use known ways to hang a water catcher beneath a plant pot.
Response to Arguments
Applicant’s arguments with respect to claim(s) 6/13/2025 have been considered but are moot in view of the current grounds of rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642