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 § 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 1-13 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 second drainage channels but not first.
Claim 2 recites that the one drainage opening comprises two openings. The examiner assumes that the opening should be claimed as “at least one drainage opening”.
Claims 3 and 4 recite the limitation "the at least one drainage opening". There is insufficient antecedent basis for this limitation in the claim.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 11 recites the broad recitation "the planar bottom of the , and the claim also recites “preferably wherein the planar bottom of the container is rectangular” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation "discloses the at least one drainage opening being located at a height of its lateral wall that is less than 1/3 of a total height of the lateral wall", and the claim also recites “preferably wherein the height of the lateral wall where the at least one drainage opening is located is less than 1/5 of the total height of the lateral wall” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 5, 6, 8, 11, 12 is/are rejected under 35 U.S.C. 102(a)(2)/(a)(1) as being anticipated by Schall US 8,950,113.
Regarding claim 1, Schall discloses a multi-use container (10) for cultivation, the container having a planar bottom (14) and lateral walls (16) extending upwards from the planar bottom, wherein the lateral walls have a height extending upwards from the planar bottom (Schall, Figure 6), the planar bottom and the lateral walls defining a first cultivation volume, wherein the planar bottom has a first surface facing the first cultivation volume and a second surface opposite to said first surface (Schall, Figure 6), said second surface facing away from the first cultivation volume, wherein at least one of the lateral walls comprises a drainage opening (32) arranged in a lower half of the lateral wall, the lower half being closest to the planar bottom (Schall, Figure 7); the multi-use container further comprises at least two supports (58) arranged on the second surface of the planar bottom (Schall, Figure 6), the at least two supports being located essentially at lateral extremities of the second surface, wherein said at least two supports extend from the second surface in a direction opposite to the lateral walls (Schall, Figure 6), wherein the second surface of the planar bottom and the at least two supports defining a grow mat receiving volume (Schall, Figure 6), and wherein the at least two supports are arranged on opposite lateral extremities of the second surface (Schall, Figure 6); and wherein the planar bottom comprises one or more second drainage channels (formed between 56) arranged on the second surface.
Regarding claim 3, Schall further discloses the at least one drainage opening being located at a height of its lateral wall that is less than 1/3 of a total height of the lateral wall (Schall, Figure 7), when measuring the total height of the lateral wall from the second surface of the planar bottom to an end of the lateral wall opposite to the planar bottom.
Regarding claim 5, Schall further discloses the planar bottom comprises one or more first drainage channels (62) arranged on the first surface, wherein the one or more first drainage channels extends towards the at least one lateral wall having a drainage opening (Schall, Figure 6).
Regarding claim 6, Schall further discloses the one or more second drainage channels extending essentially parallel to the one or more first drainage channels (Schall, Figure 5).
Regarding claim 8, Schall further discloses the at least two supports being arranged at each corner of the second surface (Schall, Figure 5).
Regarding claim 11, Schall further discloses the planar bottom of the container being essentially rectangular (Schall, Figure 5).
Regarding claim 12, Schall further discloses the lateral walls being arranged at each side end of the rectangular planar bottom (Schall, Figure 6).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schall US 8,950,113.
Regarding claim 2, Schall further discloses the drainage opening comprising a fist drainage opening (32) at a first of the lateral walls. Schall fails to disclose a second drainage opening at a second lateral side wall opposite the first lateral wall. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to modify the second lateral wall of Schall with a drainage opening, as a mere duplication of the essential working parts of the invention requires only ordinary skill in the art. In re Harza. Modifying the second wall of Schall with an additional draining opening would ensure the container did not become water logged.
Allowable Subject Matter
Claims 4, 7, 9, 10, and 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Paxton US 2,423,724 discloses a container comprising sidewalls, with a drainage opening (22) in a lower half of the sidewalls, and two supports extending downwardly from the sidewalls. Paxton fails to disclose a planar bottom. Paxton teaches against a bottom and drains in a bottom (Paxton, column 2: line 54) .
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michener Joshua can be reached at 571.272.1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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