`
`UNITED STATES DEPARTMENT OF COM1VIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
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`Alexandria, Virginia 2231371450
`www.uspto.gov
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
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`SYNGENTA CROP PROTECTION LLC
`PATENT DEPARTMENT
`m M 12257
`9 DAVIS DRIVE
`
`RESEARCH TRIANGLE PARK, NC 27709-2257
`
`NGUYEN, TRINHT
`
`3644
`
`DATE MAILED: 04/02/2021
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/767,367
`
`04/11/2018
`
`Timothy Proulx
`
`80892-US-REG-ORG-P-1
`
`5736
`
`TITLE OF INVENTION: PLANT CONTAINER AND TRAY SYSTEM
`
`APPLN. TYPE
`
`ENTITY STATUS
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`ISSUE FEE DUE
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`PUBLICATION FEE DUE
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`PREV. PALD ISSUE FEE
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`TOTAL FEE(S) DUE
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`DATE DUE
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`$ 1200
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`07/02/2021
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`11. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
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`Page 1 of 3
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`PTOL-SS (Rev. 02/11)
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`

`

`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
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`PART B - FEE(S) TRANSMITTAL
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`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
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`04/02/2021
`7590
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`SYNGENTA CROP PROTECTION LLC
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`PATENT DEPARTMENT
`PO BOX 12257
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`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/767,367
`
`04/11/2018
`
`Timothy Proulx
`
`80892-US-REG-ORG-P—1
`
`5736
`
`TITLE OF INVENTION: PLANT CONTAINER AND TRAY SYSTEM
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$ 1200
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`$0.00
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`$0.00
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`$ 1200
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`07/02/2021
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`NGUYEN, TRINH T
`
`3644
`
`047-086000
`
`1. Change of correspondence address or indication of ”Fee Address” (37
`CFR 1.363).
`
`3 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/ 122) attached.
`
`
`
`2. For printing on the patent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) The name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
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`
`
`
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`1
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`2
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`
`
`
`
`3 ”Fee Address” indication (or ”Fee Address” Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`\Iumber is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document must have been previously
`recorded, or filed for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`
`DAdvance Order - # of Copies
`DPublication Fee (if required)
`DIssue Fee
`4a. Fees submitted:
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
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`3 Electronic Payment via EFS-Web
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` :I The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
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`D Enclosed check
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`D Non-electronic payment by credit card (Attach form PTO-2038)
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`5. Change in Entity Status (from status indicated above)
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`3 Applicant certifying micro entity status. See 37 CFR 1.29
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`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/ 15A and 15B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
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`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
` 3 Applicant changing to regular undiscounted fee status.
`
`Authorized Signature
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`Typed or printed name
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`PTOL—SS Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMIVIERCE
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMIVIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/767,367
`
`04/11/2018
`
`Timothy Proulx
`
`80892-US-REG-ORG-P-l
`
`5736
`
`22847
`
`7590
`
`04/02/2021
`
`SYNGENTA CROP PROTECTION LLC
`PATENT DEPARTMENT
`m M 12257
`9 DAVIS DRIVE
`
`RESEARCH TRIANGLE PARK, NC 27709-2257
`
`NGUYEN, TRINHT
`
`3644
`
`DATE MAILED: 04/02/2021
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement
`
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
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`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
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`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
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`PTOL-SS (Rev. 02/11)
`
`Page 3 of 3
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`

`

`I
`
`I I
`
`15/767,367
`
`Proulx et al.
`
`TRINH T NGUYEN
`
`3644
`
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.. This communication is responsive to 3/22/21.
`
`[3 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`21:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporated into this action.
`
`; the
`
`3.. The allowed c|aim(s) is/are fl . As a result of the allowed c|aim(s), you may be eligible to benefit from the Patent Prosecution
`Highway program at a participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`4D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`
`Certified copies:
`
`a) UAII
`
`b) C] Some
`
`*c) D None of the:
`
`1. C] Certified copies of the priority documents have been received.
`2. [:1 Certified copies of the priority documents have been received in Application No.
`
`3. CI Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2( )).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE“ of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.[:] CORRECTED DRAWINGS (as “replacement sheets“) must be submitted.
`U including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`61:] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Primary Examiner, Art Unit 3644
`
`Attachment(s)
`1.[:] Notice of References Cited (PTO-892)
`
`2D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`3.C| Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`.
`4.[:I Interview Summary (PTO-413)
`Paper No./Mail Date.
`/TRINH T NGUYEN/
`
`5. D Examiner's Amendment/Comment
`
`6.
`
`Examiner's Statement of Reasons for Allowance
`
`7. C] Other
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`_
`Part of Paper N0-/MaI| Date 20210326
`
`

`

`Application/Control Number: 15/767,367
`Art Unit: 3644
`
`Page 2
`
`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.
`
`Reasons for Allowance
`
`Applicant’s amendments and arguments filed on 3/22/21, with respect
`
`to claims 1-5 have been fully considered and are persuasive. Therefore,
`
`the rejection on 1/25/21 has been withdrawn and claims 1-5 are now
`
`allowed.
`
`The following is an examiner’s statement of reasons for allowance:
`
`the prior art of record fails to disclose or render obvious a motivation to
`
`provide a flower pot having the combination, especially wherein
`
`the channel having a plurality of slots on its apex for receiving teeth to hold
`
`the pot in position on a horizontal rail associated to a tray and prevent the
`
`pot from sliding along the rail, and wherein the height of the channel is
`
`about 1/3 of the height of the pot, of structural limitations such as claimed in
`
`claim 1, these along with the rest of other limitations/features as claimed in
`
`the depended claims 2-5 and to modify the prior art to meet the claimed
`
`limitations would be an improper hindsight reasoning.
`
`Any comments considered necessary by applicant must be submitted
`
`no later than the payment of the issue fee and, to avoid processing delays,
`
`

`

`Application/Control Number: 15/767,367
`Art Unit: 3644
`
`Page 3
`
`should preferably accompany the issue fee. Such submissions should be
`
`clearly labeled “Comments on Statement of Reasons for Allowance.”
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications
`
`from the examiner should be directed to TRINH T NGUYEN whose
`
`telephone number is (571)272-6906. The examiner can normally be
`
`reached on Monday-Friday 7:00-3:30.
`
`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner’s supervisor, Timothy Collins can be reached on 571-272—6886.
`
`The fax phone number for the organization where this application or
`
`proceeding is assigned is 571-273-8300.
`
`Information regarding the status
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`of an application may be obtained from the Patent Application Information
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`Retrieval (PAIR) system. Status information for published applications may
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`be obtained from either Private PAIR or Public PAIR. Status information for
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`Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access
`
`

`

`Application/Control Number: 15/767,367
`Art Unit: 3644
`
`Page 4
`
`to the automated information system, call 800-786-9199 (IN USA OR
`
`CANADA) or 571 -272—1 000.
`
`/TR|NH T NGUYEN/
`
`Primary Examiner, Art Unit 3644
`
`