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 § 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.
Claim(s) 1-2, 4-5, 9-10, 17, and 23-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Whitcomb, Carl E. (US 20030188480 A1).
Regarding claims 1, 23, and 27 Whitcomb discloses a plant environmental enclosure (Fig. 2; 22) for a plant container with a permeable sidewall (the environmental enclosure of Whitcomb is structurally capable of use with a container with a permeable sidewall), the plant environmental enclosure comprising:
a cover (22) configured to, in use, enclose at least part of the plant container, wherein the cover is configurable in size [0032] to vary an area of the plant container that is, in use, covered by the cover, and wherein the cover comprises a wall portion [0029] configured to, in use, at least partly enclose a sidewall of the plant container, the wall portion being selectively configurable between an extended state (the structure of Whitcomb is capable of being unsnapped, or unfolded) and at least one retracted state (the structure of Whitcomb is capable of being rolled upwards, snapped together to vary the diameter, etc.) to vary an area of the sidewall of the plant container that is, in use, covered by the wall portion; wherein an exterior facing surface of the cover includes a reflective material [0019]-[0020]; and wherein the cover defines an opening that is located, in use, on its bottom side and configured to, in use, allow access to a base of the plant container (Fig. 4); (see claim 20).
Regarding claims 2, 24, and 28 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb further discloses wherein the wall portion is configured to, in use, at least partly wrap around the sidewall of the plant container (Fig. 4).
Regarding claim 4 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb further discloses wherein the wall portion in the extended state is configured to, in use, fully enclose the sidewall of the plant container (Fig. 4; fully encloses container 12, and is thus structurally capable of fully enclosing a container); [0028].
Regarding claim 5 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb further discloses wherein the wall portion in the at least one retracted state is configured to, in use, partly enclose the sidewall of the plant container (the structure of Whitcomb is structurally capable of being folded, where the pot is only partially covered).
Regarding claim 9 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb further discloses at least one fastening element (Fig. 4; 46); [0031], wherein the cover comprises at least one cover segment defining a first edge (42) and a second edge (44), the first edge and the second edge being releasably connectable by the at least one fastening element so that, in use, the cover encloses at least part of the plant container.
Regarding claims 10, 25, and 29 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb further discloses wherein the cover comprises a top portion (Fig. 5a); [0032] configured to, in use, at least partly enclose a top of the plant container, and wherein the top portion is configurable in size [0032] to vary an area of the plant container that is, in use, covered by the top portion.
Regarding claim 17 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb further discloses wherein the wall portion in the extended state is configured to, in use, fully enclose the sidewall of the plant container (Fig. 4; fully encloses container 12, and is thus structurally capable of fully enclosing a container); [0028], wherein the wall portion in the at least one retracted state is configured to, in use, partly enclose the sidewall of the plant container (the structure of Whitcomb is structurally capable of being folded, where the pot is only partially covered).
Regarding claims 26 and 30 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb further discloses wherein the top portion is configured to, in use, wrap around a stem of a plant extending therethrough (Fig. 5a); (the top portion of Whitcomb is structurally capable of wrapping around a stem).
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) 8 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitcomb, Carl E. (US 20030188480 A1) in view of Fitzgerald; Michael H. (US 4969555 A).
Regarding claim 8 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb does not disclose wherein the plant environmental enclosure comprises at least one wall portion retaining member configured to releasably retain the wall portion in the at least one retracted state.
Fitzgerald teaches wherein the plant environmental enclosure comprises at least one wall portion retaining member (Fig. 5; 40); (Col. 3, lines 49-66) configured to releasably retain the wall portion in the at least one retracted state.
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the plant environmental enclosure of Whitcomb to include at least one wall portion retaining member configured to releasably retain the wall portion in the at least one retracted state, as taught by Fitzgerald, in order to improve the ease of installation.
Regarding claims 18-20 Whitcomb, as shown above, discloses all of the limitations of claim 1. Whitcomb further discloses wherein the wall portion in the extended state is configured to, in use, fully enclose the sidewall of the plant container (Fig. 4; fully encloses container 12, and is thus structurally capable of fully enclosing a container); [0028], wherein the wall portion in the at least one retracted state is configured to, in use, partly enclose the sidewall of the plant container (the structure of Whitcomb is structurally capable of being folded, where the pot is only partially covered); wherein the cover defines an opening that is located, in use, on its bottom side (Fig. 4); (see claim 20) and configured to, in use, allow access to a base of the plant container (the opening would allow access); wherein the cover comprises a top portion (Fig. 5a); [0032] configured to, in use, at least partly enclose a top of the plant container, and wherein the top portion is configurable in size [0032] to vary an area of the plant container that is, in use, covered by the top portion; wherein the plant environmental enclosure comprises at least one top portion retaining member (52) configured to releasably retain the top portion in one of an expanded state and a contracted state.
Whitcomb does not disclose wherein the plant environmental enclosure comprises at least one wall portion retaining member configured to releasably retain the wall portion in the at least one retracted state.
Fitzgerald teaches wherein the plant environmental enclosure comprises at least one wall portion retaining member (Fig. 5; 40); (Col. 3, lines 49-66) configured to releasably retain the wall portion in the at least one retracted state.
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the plant environmental enclosure of Whitcomb to include at least one wall portion retaining member configured to releasably retain the wall portion in the at least one retracted state, as taught by Fitzgerald, in order to improve the ease of installation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art is considered pertinent because it relates to plant enclosures similar to the disclosed invention.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644
