DETAILED CORRESPONDENCE
Applicant's Response
The reply of July 30, 2026, has been received and entered into the electronic case file.
The amendment to the specification, which clarifies the description of reproduction 3.1, acts to overcome the previously given objection of record to the specification.
The amendment to the specification, which adds a broken line statement, acts to overcome the previously given rejection of record under 35 U.S.C. 112(b).
The amendment to the reproductions, which corrects inconsistencies, converts a portion to broken lines, and cancels reproduction 3.7 and its corresponding description, acts to overcome the previously given rejection of record under 35 U.S.C. 112(a) and (b).
Objection to the Reproductions Disclosure
The reproductions are objectionable for the following inconsistencies:
Reproduction 3.6 is inconsistent with reproductions 3.1, 3.4, and 3.5 because there are portions shown in broken lines in reproduction 3.6 that are shown in full claim lines in reproductions 3.1, 3.4, and 3.5.
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Reproduction 3.1 (left) showing features in full claim lines and reproduction 3.6 (right) showing broken lines.
Correction is required to amend reproduction 3.6 so that it is consistent with reproductions 3.1, 3.4, and 3.5.
Amendment to Disclosure not Affecting Claim - 35 U.S.C. 132 Objection (New Matter)
The reproductions are objected to under 35 U.S.C. 132 and 37 CFR 1.121 as introducing new matter. The original disclosure does not reasonably convey to a designer of ordinary skill in the art that the inventor was in possession of the amended subject matter at the time the application was filed. See In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981).
Specifically, there is no support in the original disclosure for a movable planter with partition having a rectangular feature on the bottom edge of reproduction 3.4. The original reproduction 3.4 shows the vertical sides of the feature angled downward.
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Original reproduction 3.4 (left) and amended 3.4 (right).
To overcome this objection, applicant may attempt to demonstrate (by means of argument or evidence) that the original disclosure establishes that the inventor had possession of the amended subject matter or amend reproduction 3.4 so that the broken line feature on the bottom edge of reproduction 3.4 has vertical sides that angle downward as shown in the original disclosure.
Final Claim Rejection under 35 U.S.C. 112(a) (New Matter)
The claim is finally rejected under 35 U.S.C. 112(a) as failing to comply with the description requirement thereof since the new drawing disclosure is not supported by the original disclosure. The original disclosure does not reasonably convey to a designer of ordinary skill in the art that applicant was in possession of the design now claimed at the time the application was filed. See In re Daniels, 144 F.3d 1452, 46 USPQ2d 1788 (Fed. Cir. 1998); In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981).
Specifically, there is no support in the original disclosure for the following:
A movable planter with partition 1.) having a bottom interior with plain sides without features in the corners and along the edges, 2.) having no line between the front vertical planter features and the bottom horizontal feature, 3.) having no horizontal lines or small circular features on the rear and sides, 4.) having no horizontal lines on the corners on the sides, 5.) having different wheel configurations, and 6.) having different proportions (shorter in the front and back and wider in the left and right).
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Original reproduction 3.1 (left) and amended 3.1 (right).
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Original reproduction 3.3 (left) and amended 3.3 (right).
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Original reproduction 3.4 (left) and amended reproduction 3.4 (right).
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Original reproduction 3.6 (top) and amended 3.6 (bottom).
To overcome this rejection, applicant may attempt to demonstrate (by means of argument or evidence) that the original disclosure establishes that he or she was in possession of the amended claim having a bottom interior with plain sides without features in the corners and along the edges, having no line between the front vertical planter features and the bottom horizontal feature, having no horizontal lines or small circular features on the rear and sides, having no horizontal lines on the corners on the sides, having different wheel configurations, and having different proportions.
Additionally, applicant may amend the drawings so that they correspond with the original drawings. It is recommended to either amend the reproductions so that they correspond with the features in the original reproductions or convert the line drawings back to the rendered images (while still addressing the issues raised in the Non-Final rejection mailed 3/30/2026).
Replacement Reproduction Instructions
Any amended replacement reproduction 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 reproduction should not be labeled as “amended.” If a reproduction 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 reproductions for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. If all the figures on a reproduction sheet are canceled, a replacement sheet is not required. A marked-up copy of the reproduction sheet (labeled as “Annotated Sheet”) including an annotation showing that all the figures on that reproduction sheet have been canceled must be presented in the amendment or remarks section that explains the change to the reproductions. Each reproduction 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.
When preparing new or replacement reproductions, be careful to avoid introducing new matter into the disclosure, prohibited by 35 U.S.C. 132 and 37 C.F.R. 1.121(f). Additionally, any amendment must meet the written description requirement of 35 U.S.C. 112(a). That is, it must be apparent that applicant was in possession of the amended design at the time of filing. This pertains to either the addition to, or the removal of, any elements shown in the original disclosure of the design.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, the claim is finally rejected under 35 U.S.C. 112(a) New Matter and THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/G.D./Examiner, Art Unit 2914
/JONATHAN J HAN/Primary Examiner, Art Unit 2912
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