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 2/24/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Objections
Claim 9 is objected to because of the following informalities:
For continuity, the recitation in claim 9, “the inner position section” should be -- the inner pot section--. Appropriate correction is required.
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 14 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 pre-AIA the applicant regards as the invention.
Claim 14 recites the limitation "a plate body with the drain aperture". It is unclear how to interpret “with the drain aperture”, the recitation makes it confusing as to the structural relationship.
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)(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.
Claims 1-3 and 6-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KR 101447328 B1, herein KR ‘328.
For claim 1, KR ‘328 shows a pot for a plant (Figs. 1-8), the pot including an inner pot section (100), adapted to receive the plant (at 102), an outer pot section (300) adapted to receive the inner pot section (It has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138. The outer pot section 300 is able to receive at least the base 110 of the inner pot section 100.) and a water collection vessel (200) adapted to be removably fittable (separation of parts as shown in Fig. 2) between an inner base (110) of the inner pot section and an outer base (at the bottom horizontal surface of 300) of the outer pot section, wherein the vessel includes a substantially enclosed body having a neck (222) with a vessel aperture (at the uppermost surface of the neck 222) arranged to align and abut with a drain aperture (112) of the inner base in a fitted condition so as to enable substantially sealed fluid communication therebetween (as shown in Figs. 3 and 5).
For claim 2, KR ‘328 shows the pot according to claim 1, wherein the neck (222) extends from a top surface (a top surface of the base 220, opposite a bottom surface of the base 220, of the body) of the body (200) and the vessel aperture (at the uppermost surface of the neck 222) extends through the neck (such that the vessel aperture defines a passage through the neck 222).
For claim 3, KR ‘328 shows the pot according to claim 1, wherein the vessel aperture (at the uppermost surface of the neck 222) and the drain aperture (112) are about the same size (as shown in Fig. 3).
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For claim 6, KR ‘328 shows the pot according to claim 1, wherein an outward facing side of the vessel (200) is shaped to fit with an outward facing side (at an uppermost rim of the outer pot section 300) of the outer pot section (300, as shown in the annotated Fig. 3 at the right).
For claim 7, KR ‘328 shows the pot according to claim 1, wherein an outward facing side (at an uppermost rim of the outer pot section 300) of the vessel includes a vessel drain (310).
For claim 8, KR ‘328 shows the pot according to claim 1, wherein at least one of the vessel (200), the outer pot section and the inner pot section include an end of travel stop (the stepped outward facing side of the vessel 200 to position the vessel on the outer pot section 300) to locate the vessel in the fitted condition.
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 and 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over KR 20110009107 U, as cited by Applicant, herein KR ‘107 in view of Kim (KR 20190057581 A).
For claim 1, KR ‘207 shows a pot (Figs. 1-6) for a plant, the pot including an inner pot section (1) adapted to receive the plant, an outer pot section (2) adapted to receive the inner pot section and a water collection vessel (5) adapted to be removably fittable between an inner base of the inner pot section and an outer base of the outer pot section (as shown in Fig. 3).
KR ‘207 fails to show wherein the vessel includes a substantially enclosed body having a neck with a vessel aperture arranged to align and abut with a drain aperture of the inner base in a fitted condition so as to enable substantially sealed fluid communication therebetween. Kim teaches a pot (Fig. 1) for a plant, the pot including an inner pot section (12) and a water collection vessel (14, 14a, 16b) adapted to be removably fittable between an inner base of the inner pot section (as discussed in the translated description “The body 12 and the bearing 14 are rotated by the rotation shaft structure 16 formed by the male and female coupling structures so that the body 12 freely rotates from the upper surface of the bearing 14. The rotary shaft structure 16 is constituted by a female element 16a provided in the moving body 12 and a male element 16b provided in the bearing 14.”), wherein the vessel includes a substantially enclosed body (at sloped sides 14, top of 14, at 16b, and bottom of 14a) having a neck (16b) with a vessel aperture (at an uppermost opening into the neck 16b) arranged to align and abut with a drain aperture (at the interior of 16a) of the inner base (at the bottom of 12) in a fitted condition so as to enable substantially sealed fluid communication therebetween (Fig. 1 shows the male and female coupling structures 16a, 16b). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pot of KR ‘207 to include the vessel having a substantially enclosed body having a neck as taught by Kim for the advantage of directing the water that drains from the inner pot section in order to reduce spillage of water.
For claim 5, KR ‘207 as modified by Kim discloses the pot according to claim 1, wherein the vessel (KR ‘207: Figs. 1-6: 5) includes a removal means (KR ‘207: Fig. 3: 11) on an outward facing side thereof.
For claim 9, KR ’207 as modified by Kim discloses the pot according to claim 1, wherein an outer side wall of the outer pot section (KR ’207 Fig. 3: 2) is radially spaced apart from an inner side wall of the inner position section (KR ’207 Fig. 3: 1) so as to provide a gap (KR ‘207 Fig. 3 at numeral 3) therebetween.
For claim 10, KR ’207 as modified by Kim discloses the pot according to claim 1, wherein the outer pot section (KR ‘207 Fig. 3: 2) includes an opening in a side wall thereof (KR ‘207 Fig. 1: 4) and the vessel (KR ‘207 Fig. 1: 5) is laterally moveable inwardly and outwardly relative to the side wall between the fitted condition (KR ‘207 Fig. 2) and a removed condition (KR ‘207 Fig. 1).
For claim 11, KR ‘207 as modified by Kim discloses the pot according to claim 1, wherein the pot further includes a root barrier (KR ‘207 Figs. 3 and 6: 7) fitted within the inner pot section (KR ‘207 Fig. 3: 1).
For claim 12, KR ‘207 as modified by Kim discloses the pot according to claim 11, wherein the root barrier (KR ‘207 Figs. 3 and 6: 7; Kim Fig. 1 shows the unnumbered root barrier resting on the step portion of the inner pot section 12) includes a further drain aperture (KR ‘207 Figs. 3 and 6 show multiple apertures of root barrier 7; Kim shows unnumbered root barrier in Fig. 1) arranged to align with the drain aperture (Kim at the interior of 16a) of the inner pot section.
For claim 13, KR ‘207 as modified by Kim discloses the pot according to claim 11, wherein the further drain aperture (KR ‘207 Figs. 3 and 6 show multiple apertures of root barrier 7; Kim shows unnumbered root barrier in Fig. 1) is smaller than the drain aperture (Kim at the interior of 16a).
For claim 14, KR ‘207 as modified by Kim discloses the pot according to claim 11, wherein the root barrier includes a plate body with the drain aperture (KR ‘207 Figs. 3 and 6: 7; Kim Fig. 1 shows the unnumbered horizontal root barrier resting on the step portion of the inner pot section 12), the plate body being at least partially spaced apart from and located above the inner base of the inner pot section (KR ‘207 Figs. 3 and 6: 7; Kim Fig. 1 shows the unnumbered root barrier resting on the step portion of the inner pot section 12).
For claim 15, KR ‘207 as modified by Kim discloses the pot according to claim 11, wherein the inner pot section (KR ‘207 Fig. 3: 1) is securable (KR ‘207 as discussed in the translated description “grip around the edges of the upper surface (6) is are formed to facilitate the flowerpot (1) when the handle insertion and separation (6) to the top of the engaging stepped 8 larger outer tube (2) formed in the diameter than the diameter of the handle of the case (6) the outer sleeve (2) catches can be increased.”) within the outer pot section (KR ‘207 Fig. 3: 2).
For claim 16, KR ‘207 as modified by Kim discloses the pot according to claim 11, wherein the inner pot section (KR ‘207 Fig. 3: 1) is adapted to snap fit (KR ‘207 as discussed in the translated description “grip around the edges of the upper surface (6) is are formed to facilitate the flowerpot (1) when the handle insertion and separation (6) to the top of the engaging stepped 8 larger outer tube (2) formed in the diameter than the diameter of the handle of the case (6) the outer sleeve (2) catches can be increased.”) within the outer pot section (KR ‘207 Fig. 3: 2).
For claim 17, KR ‘207 as modified by Kim discloses the pot according to claim 11, wherein the inner pot section (KR ‘207 Fig. 3: 1) includes a rim (KR ‘207 Fig. 3: 6) arranged to extend over and cover a rim (KR ‘207 Fig. 3: 8) of the outer pot section (KR ‘207 as shown in Figs. 1 and 3: 2).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over KR 20110009107 U, as cited by Applicant, herein KR ‘107 in view of Kim (KR 20190057581 A), as applied to claim 11 above, and further in view of Luo (GB 2299255 A).
For claims 18-19, KR ‘207 as modified by Kim discloses the invention substantially as claimed, but fails to show wherein the outer base of the outer pot section is adapted to be coupled with a friction reducing means. Luo teaches a pot (Figs. 3-4) for growing plants, the pot comprising an outer base (Figs. 3-4: underside of 2) of an outer pot section (Figs. 3-4: 2); wherein the outer base of the outer pot section is adapted to be coupled with a friction reducing means (Figs. 3-4: 3) wherein the friction reducing means include wheels (page 2, lines 17-18). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pot of KR ‘207 and Kim to include the wheels as taught by Luo for the advantage of easily transporting from location to location without lifting the pot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jung (KR 200207813 Y1) shows an upper pot section and a lower pot section, and a wick supported within a vertical pipe, the wick aligned and abutting the drain aperture of the upper pot section and Li (CN 104641993 A) shows a an upper pot section and a lower pot section, and a vessel having a neck aligned with an aperture at the base of the upper pot section.
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/DANIELLE A CLERKLEY/Examiner, Art Unit 3643