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 14-27 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.
The claims repeatedly refer to “a second set of recessed areas” (Found in claim 14 which all claims depend from, and in other subsequent claims) however a first set of recessed areas is not claimed.
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) 14, 15, 17-19, and 22 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bessett et al US 4,381,847.
Regarding claims 14, 17, and 18, Bessett discloses a tray (Bessett, Figure 1) comprising: a top, a base, an outer periphery, and a plurality of sockets (P1, P2, P3, P4); wherein the sockets each comprise: a socket base (21), undersides of the socket bases collectively forming the base of the tray; a first set of contact areas (22), each of which extend from the top of the tray part way towards the socket base (Bessett, Figure 4), and a second set of recessed areas (25, 26, 27), each of which extend from the top of the tray to the socket base (Bessett, Figure 4); wherein the contact areas of the first set are arranged alternately with recessed areas of the second set (Bessett, Figure 4), and wherein a concertinaed section (L) is provided between a one contact area of the first set of contact areas and an adjacent one recessed area of the second set of recessed areas (Bessett, Figure 4). Bessett is capable of performing the functional and conditional limitations of the claims.
Regarding claim 15, Bessett further discloses the first set of contact areas comprises four contact areas and the second set of recessed areas comprises four recessed areas (Bessett, column 6: lines 35-42).
Regarding claim 19, Bessett discloses a stack of trays, each tray in the stack comprising the tray as claimed in claim 14 (as discussed above), wherein each socket of a first tray in the stack is located in a corresponding socket of a further tray located immediately below the first tray in the stack (Bessett, column 6: lines 25-30).
Regarding claim 22, Bessett discloses a system comprising the tray as claimed in claim 14 (as discussed above), and at least one plant pot (cup-shaped container, Bessett: abstract), wherein each plant pot of the at least one plant pot is insertable in a socket of the tray (Bessett, column 3: lines 25-35); wherein when a plant pot of the at least one plant pot is present in a socket of the tray and a base of the plant pot is in contact with the socket base (Bessett, column 2: lines 7-9), each of the first set of contact areas is in contact with a side wall of the plant pot (Bessett, column 3: lines 63-68), and an angle of the side wall of the plant pot is equal to the second angle of the first set of contact areas to the central vertical axis of the socket (Bessett, column 4: lines 13-19)(in that the angle of the contact areas varies).
Allowable Subject Matter
Claims 16, 20, 21, and 23-27 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: The prior art does not disclose or suggest a plant pot within the tray as claimed. Bessett discloses a container with the tray, but does not disclose a container contained within the parameters of the tray as claimed. Replacing the container suggested by Bessett with a container that met the limitations of the claims would be improper hindsight. Bessett further discloses concertinaed areas of the device being stable (Bessett, column 4: lines 11-16) and not foldable, as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2014/0165467.
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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