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 based on an application filed in the European Patent Office on 04/04/2024. It is noted, however, that applicant has not filed a certified copy of the EP24168602.1 application as required by 37 CFR 1.55. An attempt was made by the Office to electronically retrieve the foreign application under the priority document exchange program, but failed.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the plate and substrate of claims 3 and 10 must be shown or the feature(s) canceled from the claim(s). The terminal profile is shown but the substrate and plate are not given reference characters or shown in the drawings. No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 9a (several intermediate bottom parts).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 9 is objected to because of the following informalities:
Claim 9 reads “A process for erecting a raised bed comprising the steps of” which should read “A process for erecting a raised bed comprising the steps of: “
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.
Claims 3-4, 8, and 10 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.
Claim 3 is rejected for lack of clarity in regards to the limitation “comprises or consists.” It is unclear if this portion of the claim is closed (consists) or open (comprises). Clarification and correction are required but no new matter may be added.
Claim 3 is rejected for lack of clarity in regards to the terminal profile and plate. As discussed in the drawing objection above, this is not clearly shown. Further, while the drawings show the terminal profile (10), they only show it for the cross section of a singular wall element and it is unclear how it is on each wall element as it is not shown in the border configuration as a whole. Clarification and correction are required but no new matter may be added.
Claims 3, 4 and 8 are rejected for the language “can be.” This terminology is indefinite as it is not clear if the limitation following it is required by the claim or not. Clarification and correction are required but no new matter may be added.
Claim 8 is rejected for lack of clarity in regards to the term approximately. The term “approximately” in claim 8 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what range outside of 90⁰ would still be considered “approximately 90⁰.” Clarification and correction are required but no new matter may be added.
Claim 10 recites the limitation "the substrate" in line 3. There is insufficient antecedent basis for this limitation in the claim. The substrate is introduced in claim 3, whereas claim 10 is dependent only on claim 9.
Claim 10 is rejected for lack of clarity in regards to the limitation “a plurality of wall elements (1) and the substrate on which the wall elements (1) are arranged to form an enclosure.” Claim 9 introduces “an enclosure.” Therefore, it is unclear if the enclosure introduced in claim 10 is the same enclosure as that of claim 9 or if Applicant wishes to claim a second enclosure.
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) 1-2, 4-5, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Buckle (US 20250146268 A1, using the date of the provisional) in view of Jansen (US 20160066519 A1) and Oyamada (JP 2001095662 A).
Regarding claim 1, Buckle discloses a border for a raised bed, comprising a plurality of wall elements (see figs 1-3) connected to one another to form an enclosure,
each wall element (10) having a first end face (10c) and an opposing second end face (10d),
each end face (10c/d) having fastening elements (30),
each wall element (10) also having a first longitudinal side (10b) extending between the first end face (10c) and the second end face (10d) and a second longitudinal side (10a) which is located opposite the first longitudinal side (10b) and also extends between the first end face (10c) and the second end face (10d) in parallel to the first longitudinal side (10b),
each wall element (10) being connected to an adjacent wall element (10) by means of a plug connection (pegs 30/33 and hollow connector posts 12 with pegs) at its first end face (10c) and at its second end face (10d, see figs 1-2, 3a and 3c-d),
each wall element (10) having, perpendicular to the two opposing longitudinal sides (10a, 10b), a cross section extending between the two opposing longitudinal sides (10a, 10b).
Buckle fails to disclose the cross section which comprises alternately arranged first and second sections, wherein the first sections and the second sections with respect to a longitudinal center axis of the cross-section extend on opposite sides of the longitudinal center axis, wherein an intermediate bottom is arranged perpendicularly to the wall elements at a variable height within the border formed by the wall elements by engaging in the first and second sections respectively, of opposing wall elements.
Jansen teaches the cross section which comprises alternately arranged first and second sections (alternating panels, see fig 5, cross section see fig 3), wherein the first sections and the second sections with respect to a longitudinal center axis (L, see annotated fig 3 below) of the cross-section extend on opposite sides of the longitudinal center axis (see annotated fig 3 below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the wall elements with the alternating first and second sections as taught by Jansen with a reasonable expectation of success as this will provide air pockets for increased insulation during cold spells to ensure the plants are protected.
Oyamada teaches wherein an intermediate bottom (14) is arranged perpendicularly to the wall elements (12) at a variable height within the border formed by the wall elements by engaging in the first and second sections (see figs 1-6), respectively, of opposing wall elements (12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the raised bed with the intermediate bottom of Oyamada with a reasonable expectation of success as this allows for plant cultivation with the plant location variable and up to the user, allowing for people with limited mobility ease of access to their planting bed.
Regarding claim 2, the modified reference teaches the border for a raised bed according to claim 1, and Oyamada further teaches wherein the intermediate bottom (14) comprises several intermediate bottom parts (14, see fig 7, see also 112(b) rejection above).
Regarding claim 4, the modified reference teaches the border for a raised bed according to claim 1, and Buckle further discloses wherein wall elements (10) having the same dimensions in the dismantled state (wall element size would not change when dismantled), in which they do not form an enclosure, can be stacked in a space-saving manner (see 112(b) rejection above).
The modified reference fails to teach when stacked in a space-saving manner, in that the first sections and the second sections of a plurality of wall elements come to rest on one another without a gap therebetween when these wall elements are arranged one above the other.
Jansen teaches the wall elements can be stacked in a space saving manner, in that the first sections and the second sections of a plurality of wall elements come to rest on one another without a gap therebetween when these wall elements are arranged one above the other (wall elements can be stacked and would fit on top of one another without a gap due to the cross section of the wall element, see annotated fig above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the wall elements with the space-saving stacking of Jansen with a reasonable expectation of success as this will provide a more compact stacking arrangement for when the wall elements are not in use.
Regarding claim 5, the modified reference teaches the border for a raised bed according to claim 1, and Buckle further discloses wherein the wall elements (10) are connected to one another exclusively by means of plug connections (pegs 30/33 and hollow connector posts 12 with pegs, see also 10d, see figs 1-2, 3a and 3c-d).
Regarding claim 7, the modified reference teaches the border for a raised bed according to claim 1, and Buckle further discloses wherein the wall elements (10) are made of plastic, wood or metal (see claim 8 and para 0155, elements made of plastic, wood or metal) and optionally have a coating.
Regarding claim 8, the modified reference teaches the border for a raised bed according to claim 1, and Buckle further discloses wherein two wall elements (10) are connected to one another at an angle of approximately 90⁰ (see figs 2a-b), wherein the walls of the border formed by the wall elements (10) can be extended at any time in any direction by one or more wall elements (see figs 8a and b, higher wall tiers, see also 112(b) rejection above).
Claim(s) 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Buckle (US 20250146268 A1) in view of Jansen (US 20160066519 A1) and Oyamada (JP 2001095662 A) as applied to claim 1 above, and further in view of Plast (DE-202019106290-U1).
Regarding claim 3, the modified reference teaches the border for a raised bed according to claim 1.
The modified reference fails to teach wherein each wall element has a terminal profile on one of its longitudinal sides which comprises or consists of a plate, wherein the wall element can be arranged with the terminal profile on a substrate.
Plast teaches wherein each wall element has a terminal profile on one of its longitudinal sides which comprises or consists of a plate (g at bottom of wall elements, see also 112(b) rejection above), wherein the wall element can be arranged with the terminal profile on a substrate (g can be placed on the ground or a substrate, see also 112(b) rejection above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the wall elements with the terminal profile and arrangement of Plast with a reasonable expectation of success as this will provide a more stable surface for the wall elements, and will provide more security and easy of placement on uneven ground.
Regarding claim 6, the modified reference teaches the border for a raised bed according to claim 1.
The modified reference fails to teach wherein wall elements belonging to the same side of the border for a raised bed are spaced apart from one another by a batten arranged between the longitudinal sides of two adjacent wall elements.
Plast teaches wherein wall elements (5) belonging to the same side of the border for a raised bed are spaced apart from one another by a batten (piece with handle 26, see figs 1, 4 and 7) arranged between the longitudinal sides of two adjacent wall elements (see figs 1, 4 and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the system with the batten of Plast with a reasonable expectation of success as this will provide extra strength to the wall elements and allow for increased spacing between the open areas within the enclosure.
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Buckle (US 20250146268 A1, using the date of the provision) in view of Jansen (US 20160066519 A1) and Plast (DE-202019106290-U1).
Regarding claim 9, Buckle discloses a process for erecting a raised bed comprising the steps of providing a plurality of wall elements (see figs 1-3), each wall element (10) having a first end face (10c) and an opposite second end face (10d), which respectively have fastening elements (pegs 30/33 and hollow connector posts 12 with pegs, see also 10d, see figs 1-2, 3a and 3c-d),
each wall element (10) also having a first longitudinal side (10b) extending between the first end face (10c) and the second end face (10d) and a second longitudinal side (10a) lying opposite the first longitudinal side (10b) and also extending between the first end face (10c) and the second end face (10d) in parallel to the first longitudinal side (10b), each wall element (10) having, perpendicular to the two opposing longitudinal sides (10a, 10b), a cross section extending between the two opposing longitudinal sides (10a, 10b),
connecting each wall element (10) at its first end face (10c) and at its second end face (10d) to an adjacent wall element (10), the connection being made by means of a plug connection (pegs 30/33 and hollow connector posts 12 with pegs, see also 10d, see figs 1-2, 3a and 3c-d),and an enclosure being formed as a result (see figs 2a-b and 3c-d).
Buckle fails to disclose the cross section, which comprises alternately arranged first and second sections wherein the first sections and the second sections with respect to a longitudinal center axis of the cross-section extend on opposite sides of the longitudinal center axis; - arranging an intermediate bottom perpendicular to the wall elements at any height within the enclosure formed by the wall elements by engaging the intermediate bottom with the first and second sections of opposing wall elements.
Jansen teaches the cross section, which comprises alternately arranged first and second sections (alternating panels, see fig 5, cross section see fig 3), wherein the first sections and the second sections with respect to a longitudinal center axis (L, see annotated fig 3 below) of the cross-section extend on opposite sides of the longitudinal center axis (see annotated fig 3 below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the wall elements with the alternating first and second sections as taught by Jansen with a reasonable expectation of success as this will provide air pockets for increased insulation during cold spells to ensure the plants are protected.
Plast teaches - arranging an intermediate bottom (10) perpendicular to the wall elements (5) at any height within the enclosure formed by the wall elements (5) by engaging the intermediate bottom (10) with the first and second sections (8) of opposing wall elements (5, see figs 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the raised bed with the intermediate bottom of Plast with a reasonable expectation of success as this allows for plant cultivation with the plant location variable and up to the user, allowing for people with limited mobility ease of access to their planting bed.
Regarding claim 10, the modified reference teaches the process according to claim 9, and Plast further teaches wherein filling material is arranged on the intermediate bottom (see pages 3 and 5, soil arranged on intermediate bottom), while an air-filled space remains below the intermediate bottom (see figs 3-4), which is defined by the intermediate bottom (see figs 3-4), a plurality of wall elements (5) and the substrate (g) on which the wall elements (5) are arranged to form an enclosure (see fig 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The art noted in the References Cited document is relevant as it pertains to similar systems for plant cultivation. Specifically, Chan discloses a raised bed with an intermediate bottom and Griffin discloses a raised bed with a similar cross sectional wall element.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE ANNE KLOECKER whose telephone number is (571)272-5103. The examiner can normally be reached M-Th: 8:00 -5:30 MST, F: 8:00 - 12:00 MST.
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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642