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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 18 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 18 recites the limitation "the remainder" in line 3. 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.
(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, 2, 4-8, 12, 13, 15, 19, 21, 23, 25, and 26 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Fidotti US 2001/0029699.
Regarding claim 1, Fidotti discloses a watering device for mounting in a container comprising a sealing portion (18) for mounting against a container wall around an aperture in the container wall, retaining means (Fidotti, ¶0058-59) for holding the sealing portion in position against the container wall, a fluid distribution portion receiving portion (10) for holding a fluid distribution portion at a location outside of a container on which the device is mounted and a flow channel portion (Fidotti, ¶0079) for providing a fluid flow path from an interior of a container in which the watering device is mounted to the fluid distribution portion receiving portion.
Regarding claim 2, Fidotti further discloses a piece of wicking material disposed in the fluid distribution portion receiving portion as a fluid distribution portion (Fidotti, ¶0079).
Regarding claim 4, Fidotti further discloses the sealing portion is arranged to be placed against an outside surface of the container wall (Fidotti, ¶0059).
Regarding claim 5, Fidotti further discloses the sealing portion comprises a resilient material ring portion (Fidotti, ¶0058).
Regarding claim 6, Fidotti further discloses the retaining means comprises a clamping member (beneath groove 35)(Fidotti, ¶0059) for clamping against a container wall on an opposite side to that against which the sealing portion is arranged to seal.
Regarding claim 7, Fidotti further discloses the clamping member comprises a clamping flange portion for contacting with the container wall against which it is to be clamped (Fidotti, ¶0059).
Regarding claim 8, Fidotti further discloses the retaining means comprises a joining portion (35). Fidotti is capable of performing the functional limitations of the claim.
Regarding claim 12, Fidotti further discloses the joining portion comprises a joining portion fluid passage (Fidotti, Figure 4) for leading fluid through the watering device with an inlet port at one end of the fluid passage and an outlet port at the other end of the fluid passage.
Regarding claim 13, Fidotti further discloses the clamping member defines at least one clamping member fluid passage from the exterior of the clamping member into the bore (Fidotti, Figure 4) and the inlet port provides a fluid communication path between the bore of the clamping member and the joining portion fluid passage when the joining portion is located in the bore of the clamping member (Fidotti, ¶0043).
Regarding claim 15, Fidotti further discloses the fluid distribution portion receiving portion comprises a wicking material receiving slot (Fidotti, ¶0079).
Regarding claim 19, Fidotti further discloses the watering device further comprises a porous ceramic element (Fidotti, ¶0054-0055) for controlling flow through the fluid flow path.
Regarding claim 21, Fidotti further discloses the porous ceramic element is removable from a remainder of the watering device by a user (Fidotti, ¶0048).
Regarding claim 23, Fidotti further discloses the watering device further comprising a filter element (13) for filtering water before reaching the porous ceramic element.
Regarding claim 25, Fidotti discloses a watering device for mounting in a container comprising a sealing portion (18) for mounting against a container wall around an aperture in the container wall, a joining portion (35) for passing through the aperture in a container wall and joining the sealing portion with a clamping portion for holding the sealing portion in position against the container wall (Fidotti, ¶0058-0059).
Regarding claim 26, Fidotti discloses A watering device assembly comprising a watering device according to claim 1 (as discussed above) mounted on a container (3) with the sealing portion sealing against a wall of the container around an aperture provided in the container (Fidotti, ¶0058-0059).
Allowable Subject Matter
Claims 3, 9-11, 14, 16-18, 20, 22, and 24 are 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 prior art does not disclose or suggest the claimed invention comprising a valve as claimed, the clamping member and sealing portion being threadably engagable via the joining portion, or a fluid distribution receiving portion comprising an outlet pocket, the porous element being a disc or being within a housing. Fidotti teaches a sealing element, joining portion and clamping member being a single integral piece (Fidotti, ¶0058). The fluid flow through the joining portion of Fidotti is controlled with hydrostatic pressure, negating the need for a valve (Fidotti, ¶0064). The sphere shaped ceramic porous element of Fidotti is intended to house water and would not be shaped as a sphere or comprise further housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 5,129,183.
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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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642