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.
Claim 15 is 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 15 recites the limitation "the container lid". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 5-9, 11, and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Croyle et al. (3756479).
Regarding claim 5, Croyle discloses a dosing container for receiving powder fertilizer components, particularly powder nutrient salts, and for the targeted discharge of a metered quantity thereof, in particular to form a plant nutrient solution, particularly for plants in house and garden, wherein the container is designed as a closed dosing container (15, 16) having a discharge opening (23 or 43) at a top end of the dosing container, a receiving bowl (18) having a receiving opening (27) directed towards the discharge opening of the dosing container is designed in the dosing container for receiving a portion of fertilizer components, and in that, moreover, a dosing pipe (19) extending from the discharge opening up into the region of the receiving bowl is arranged in the dosing container, the receiving bowl and the dosing pipe are arranged in relation to one another in such a way that by turning the dosing container from the top side to the bottom side and back, the receiving bowl can be filled with a quantity of powder fertilizer components, and by turning around the dosing container from the top side to the bottom side, a metered quantity of powder fertilizer components can be discharged from the receiving bowl via the dosing pipe in a targeted manner through the downwardly directed discharge opening (col. 3, lines 21-42).
Regarding claim 6, a cover lid (13) is arranged on the dosing pipe to close off the dosing pipe.
Regarding claim 7, the cover lid is mounted so as to be pivotable between a closed position and a discharge position, wherein the cover lid is in its closed position when the discharge opening is directed upwards, and the cover lid is in the discharge position when the discharge opening is directed downwards (Figs. 2 and 9).
Regarding claim 8, the dosing pipe extends into a central region of the receiving bowl (Fig. 9), wherein an annular through-gap for filling the receiving bowl is formed between the central dosing pipe and a surrounding wall of the receiving bowl (col. 3, lines 27-30).
Regarding claim 9, the dosing pipe is designed on a container lid (15) which is deposit, particularly screwed, onto the discharge opening of the dosing container (Fig. 1).
Regarding claim 11, the receiving bowl is joined to the dosing pipe by at least one stud link (26).
Regarding claim 14, the dosing container narrows towards the top end, in particular in the region of the discharge opening (Fig. 9).
Regarding claim 15, the container lid is connected to the dosing container by means of a push-in connection or a screw connection (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(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Croyle et al.
Regarding claim 10, Croyle discloses the claimed invention except for the receiving bowl and the container lid with the dosing pipe are designed together as a dosing unit, in particular in one piece. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the receiving bowl, container lid, and dosing pipe as one piece, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (MPEP 2144.04 V-B).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Croyle et al. in view of Knapp et al. (20130026189).
Regarding claim 12, Croyle DIFFERS in that it does not disclose the dosing pipe has a screen, through which the fertilizer components pass when the filled receiving bowl is turned and through which only particles of the fertilizer component up to a predefined size can pass. Attention, however, is directed to the Knapp reference, which discloses a dosing pipe has a screen, through which only particles up to a predefined size can pass (par. 0038).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Croyle reference in view of the teachings of the Knapp reference by including a screen for the purpose of limiting the size of the particles that can be discharged through the opening.
Allowable Subject Matter
Claims 1-4 are allowed.
Claim 13 is 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the claimed invention is Croyle. Croyle fails to teach or suggest storing powder nutrient salts in the dosing container, filling the receiving bowl with a quantity of powder nutrient salts, and discharging the powder nutrient salts directly into a carrier liquid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PAUL DURAND can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754
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