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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. TR2024/000358, filed on 01/12/2024.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (US 20110232176 A1), hereinafter Davis, in view of Dennany (WO 8909361 A1).
Regarding claim 1, Davis discloses a modular pot having a pot for carrying soil and plant loads, suitable for growing ivy-type plants (plant support 1; Fig. 1), comprising:
pot connecting pieces circumferentially arranged around a pot body, integrally formed with the pot body (sockets 18; Fig. 2), and each having a pot connecting slot (Fig. 2 shows each socket 18 has a pot connecting slot);
detachable connection elements adapted to extend a height of the modular pot and allowed to be removed by a user as desired after attachment (posts 20; Fig. 1), wherein each of the detachable connection elements comprises
a cylindrical connection element body (body 24; Fig. 3; ¶ 0029, lines 1-3, “Ideally, the components should be molded from a sturdy and durable plastic. The preferred shape is generally round, or in the case of the base a round cylinder”), and
two opposing connection tips extending in opposite directions from the cylindrical connection element body (spur 22, socket 28; Fig. 3); and
intermediate connection pieces configured to engage with the detachable connection elements of an identical height to form intermediate layers, thereby enabling the modular pot to be raised modularly (tier rings 30; Figs. 1, 5, and 8).
Davis, however, fails to specifically disclose wherein each connection tip having two pressable flexible arms with an arm opening extending through the two pressable flexible arms.
Dennany is in the field of cylindrical connectors and teaches wherein each connection tip having two pressable flexible arms with an arm opening extending through the two pressable flexible arms (portions 22, openings 24; Figs. 2, 3, and 5).
Therefore, it would have been obvious to one of ordinary skill in the art of cylindrical connectors before the effective filing date of the claimed invention to modify the device of Davis such that each connection tip having two pressable flexible arms with an arm opening extending through the two pressable flexible arms, as taught by the connectors of Dennany. The snap connection structure would ensure a fit with more stability, which would improve the overall structure of the device. The modification would have a reasonable expectation of success.
Regarding claim 2, Davis in view of Dennany discloses the device of claim 1, and furthermore, the modified reference teaches comprising a pressing tip in a form of a projection at an end of each of the pressable flexible arms, configured to enable the pressable flexible arm to move when pressed by the user (Dennany; Figs. 2, 3, and 5 show retaining clip 15 with portions 22 forms a pressing tip).
Regarding claim 3, Davis in view of Dennany discloses the device of claim 2, and furthermore, the modified reference teaches wherein the pressing tip comprises an inclined surface inclined with respect to a longitudinal axis of each of the pressable flexible arms, facilitating sliding engagement of the two pressable flexible arms (Dennany; Figs. 2, 3, and 5 show clip 15 forms an inclined surface with respect to the longitudinal axis).
Regarding claim 4, Davis in view of Dennany discloses the device of claim 1, and furthermore, the modified reference teaches wherein the two pressable flexible arms have a V-shaped cross-section (Dennany; Figs. 2, 3, and 5 show retaining clip 15 with portions 22 has a V-shaped cross section).
Regarding claim 5, Davis in view of Dennany discloses the device of claim 1.
Davis discloses wherein the intermediate connection piece comprises connection rods having a circular body and extending from the circular body in a form of projections, configured to engage with the detachable connection elements (tier rings 30, interfaces 34; Figs. 1, 5, and 8).
Regarding claim 6, Davis in view of Dennany discloses the device of claim 5.
Davis discloses wherein each of the connection rods comprises an upper engagement slot and a lower engagement slot configured to engage with the detachable connection elements (Figs. 1, 5, and 8 show the interfaces 34 of tier rings 30 have upper and lower engagement slots for engagement with posts 20).
Regarding claim 7, Davis in view of Dennany discloses the device of claim 5.
Davis discloses wherein each of the connection rods comprises two opposing connection rod openings, configured to allow a removal of the detachable connection elements after engagement (Figs. 1, 5, and 8 show the interfaces 34 of tier rings 30 have two opposing connection rod openings allowing removal of posts 20).
Regarding claim 8, Davis in view of Dennany discloses the device of claim 7, including wherein the connection rod openings are substantially positioned at a center of each of the connection rods (Davis; Figs. 1, 5, and 8 show the interfaces 34 of tier rings 30 have openings positioned in the center of each interface 34).
The modified reference, however, fails to specifically disclose the connection rod openings have a rectangular cross-section. It would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to have provided the connection rod openings of Davis in view of Dennany with rectangular cross-sections in order to facilitate connection with members of a rectangular cross section, which would allow the overall device to be used in different structural configurations. Additionally, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Regarding claim 9, Davis in view of Dennany discloses the device of claim 8.
Davis discloses wherein each of the connection rods is configured to have a hollow, substantially cylindrical form, arranged perpendicular to the circular body and equidistant from each other (Figs. 3 and 4 show that posts 20 have a hollow component and are cylindrical; Fig. 1 shows posts 20 are perpendicular to the circular body and equidistant from each other).
Regarding claim 10, Davis in view of Dennany discloses the device of claim 1.
Davis discloses comprising an upper rim forming an upper part of the pot body, wherein the pot connecting slot extends on the upper rim to the pot connecting piece (rim 14; Figs. 1 and 2).
Regarding claim 11, Davis in view of Dennany discloses the device of claim 10.
Davis discloses wherein the pot connecting piece comprises two pot connecting piece openings positioned opposite to each other, enabling the detachable connection element to pass through the pot connecting slot and be removed by contact (Figs. 1, 2, and 8 show sockets 18 have openings positioned opposite to each other enabling detachable connection of posts 20).
Regarding claim 12, Davis in view of Dennany discloses the device of claim 1.
Davis discloses comprising a pot base for placement at a bottom of the pot (base 10; Figs. 1 and 2).
Regarding claim 13, Davis in view of Dennany discloses the device of claim 12.
Davis discloses wherein the pot base comprises circumferentially arranged posts to align the pot, and base projections configured to keep the pot elevated at a distance (Fig. 2 shows sockets 18 are circumferentially arranged posts that align the pot with respect to posts 20, and are kept elevated).
Regarding claim 14, Davis in view of Dennany discloses the device of claim 6.
Davis discloses comprising second-type connection elements for attachment to the connection rods via the upper engagement slot in the intermediate connection piece, once a desired height is achieved (Fig. 8 shows an second, upper set of posts 20 for attachment in the upper engagement slot of tier ring 30).
Regarding claim 15, Davis in view of Dennany discloses the device of claim 14.
Davis discloses wherein each of the second-type connection elements comprises a rounded head portion and a second-type body extending from the rounded head portion (Figs. 1, 3, 4, and 8 show the tops of posts 20 are round).
Regarding claim 16, Davis in view of Dennany discloses the device of claim 14, and furthermore, the modified reference teaches wherein the second-type connection element comprises two symmetrical second-type flexible arms (Dennany; portions 22; Figs. 2, 3, and 5).
Regarding claim 17, Davis in view of Dennany discloses the device of claim 16, and furthermore, the modified reference teaches comprising a second-type pressing tip in a form of a projection formed at an end of each second-type flexible arm, configured to enable the second-type flexible arm to move when pressed by the user (Dennany; Figs. 2, 3, and 5 show retaining clip 15 with portions 22 forms a pressing tip).
Regarding claim 18, Davis in view of Dennany discloses the device of claim 2, and furthermore, the modified reference teaches wherein the two pressable flexible arms have a V-shaped cross-section (Dennany; Figs. 2, 3, and 5 show retaining clip 15 with portions 22 has a V-shaped cross section).
Regarding claim 19, Davis in view of Dennany discloses the device of claim 3, and furthermore, the modified reference teaches wherein the two pressable flexible arms have a V-shaped cross-section (Dennany; Figs. 2, 3, and 5 show retaining clip 15 with portions 22 has a V-shaped cross section).
Regarding claim 20, Davis in view of Dennany discloses the device of claim 2.
Davis discloses wherein the intermediate connection piece comprises connection rods having a circular body and extending from the circular body in a form of projections, configured to engage with the detachable connection elements (tier rings 30, interfaces 34; Figs. 1, 5, and 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Washington, US 20140196365 A1, discusses a plant pot and support structure.
Daniel, US 20200000048 A1, discusses a stackable and tiered modular kit, assembly and method including a plurality of hoop shaped components for supporting a stem of a growing plant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SPENCER THOMAS CALLAWAY whose telephone number is (571)272-3512. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached on 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.T.C./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642