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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/17/2025 was considered by the examiner.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3, 4, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu CN108222317.
Claim 1. Zhu discloses a planted wall module (Fig.1), comprising an outer wall (10) prefabricated from reinforced or prestressed concrete, the outer wall (10) comprising an attachment portion (8) and a receiving portion (9) extending from a lower surface of the attachment portion to define a volume (inside 9, P.0014) wherein a plant growth medium is arranged, the wall comprising a duct (6) opening into the volume (via 5 and 20 below) on the one hand and outside the outer wall on the other hand (Fig.1).
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Claim 3. Zhu discloses the duct (6) extends from an upper surface (portion circled A in Fig.1) of the outer wall to a lower surface of the outer wall, said duct (6) comprises a bypass (5) opening into the volume (9 via 20 above).
Claim 4. Zhu discloses the module comprises an inner wall (1), separated from the outer wall (10) by an insulating layer (11).
Claim 8. Zhu discloses the receiving portion (9) comprises a bore (20) formed under the volume (Illustrated above).
Claim 9. Zhu discloses planted wall comprising a plurality of modules according to claim 1 (Fig.1).
Claims 1-4, 7, 8, 9, 10, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dai CN107853008 .
Claim 1. Dai discloses a planted wall module (Fig.1-2), comprising an outer wall prefabricated from reinforced or prestressed concrete, the outer wall comprising an attachment portion (1) and a receiving portion (2) extending from a lower surface of the attachment portion to define a volume wherein a plant growth medium is arranged (Fig.2), the wall comprising a duct (4) opening into the volume on the one hand and outside the outer wall on the other hand (Fig.2).
Claim 2. Dai discloses the outer surface of the receiving portion (2) comprises a plurality of niches (shown in Fig.2).
Claim 7. Dai discloses the upper surface of the inner wall is offset vertically from the upper surface of the outer wall and/or the lower surface of the inner wall is offset vertically from the lower surface of the outer wall (as shown in Fig.3).
Claim 9. Dai discloses a planted wall comprising a plurality of modules according to claim 1 (Fig.1-2).
Claim 10. Dai discloses a post (1 -column) and in that at least one of the modules of said plurality of modules is mechanically connected to the post (Fig.3).
Claim 13. Dai discloses the modules being juxtaposed horizontally (Fig.1).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu CN108222317 as applied to claim 1 above.
Claim 6. Zhu discloses the outer wall and/or the inner wall comprises a tongue and groove connection but is silent on a connecting pin extending from a lower surface of that wall and a recess formed in that wall extending from an upper surface of that wall. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to substitute a connecting pin and recess for a tongue and groove with the motivation of an easier installation and superior connection.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu CN108222317 as applied to claim 1 above, in view of Cheng CN109328734.
Claim 5. Zhu is silent on connecting bars adapted to fasten the outer wall and the inner wall to each other, said connecting bars passing through the insulating layer. Cheng before the filing date of the instant invention discloses a plant wall connected to an inner wall, such that on connecting bars (301) adapted to fasten the outer wall (3 – left portion) and the inner wall (1) to each other, said connecting bars passing through the insulating layer (3 – right portion). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to is connecting bars to connect the walls for a rigid connection, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dai CN107853008 as applied to claim 1 above, in view of Li CN 111226642.
Claim 11. Dai is silent on a slab extending perpendicularly to the modules and in that at least one of the modules of said plurality of modules is mechanically connected to the slab, however Li discloses a planted wall comprising a slab extending perpendicularly to the modules and in that at least one of the modules of said plurality of modules (2) is mechanically connected to the slab (via 1) . It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the wall of Dai with the slab of li to produce a free standing plant wall, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Dai CN107853008 as applied to claim 1 above, in view of Huet US20100095584
Claim 12. Dai discloses a planted wall but is silent on at least two modules juxtaposed horizontally so as to accommodate a post in the lateral spaces provided at the ends of the inner walls of these modules and facing each other, holding bars supported by the post being taken in these inner walls. Huet discloses a planted wall comprising at least two modules juxtaposed horizontally so as to accommodate a post (12) in the lateral spaces provided at the ends of the inner walls of these modules and facing each other (Fig.4), holding bars (3) supported by the post being taken in these inner walls. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the wall of Dai with that of Huet with the motivation of ensuring continuity of circulation of the nutrient solution between two superposed modular elements and obviates the necessity of, for example, a watering hose for each element as taught by Huet
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Dai CN107853008 as applied to claim 1 above, in view of She CN106677608
Claim 14 and 15. Dai discloses a reinforced concrete but is silent on the module is made by molding reinforced or prestressed concrete in a mold. She before the filing date of the instant invention discloses a plant wall module formed from a mold. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to form the module of Dai in mold for its cheaper and ease manufacturing procedure as suggested by She. Furthermore a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633
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