‘183 Patent Claims
`
`8. A method of
`determining moisture
`content of soil and/or seed
`at soil surface comprising:
`
`placing a mulch product
`and seed together at
`surface of said soil;
`
`Holton, Mall, and Kessler
`Holton teaches placing a paper mulch product on an
`area of lawn 2:31-34; the paper mulch product can
`be premixed with grass seed 5:52-55. Holton does
`not teach a method of determining moisture content
`of soil and/or seed at soil surface.
`
`Mall is a study of wet surfaces in the computing
`realm. (Ex. 1006 at 963). Mall teaches that
`materials with rough and absorbent surfaces appear
`darker when wet. Mall does not teach a method of
`determining moisture content of soil and/or seed at
`soil surface.
`
`
`Kessler teaches soil containing peat moss that
`changes color which can be used to determine when
`to water established potted plants. Kessler at 5.
`Kessler solely relates to the sub-surface root systems
`of established, potted plants and not to the soil
`surface or seeds.
`
`None of these references alone or in combination
`
`teaches a method of determining moisture content of
`soil and/or seed at soil surface.
`
`
`Scotts admits that neither Mall nor Kessler disclose
`this element. In fact Kessler teaches against this as it
`is concerned with plants in the soil and not the mulch
`and seed on surface of the soil.
`
`determining moisture
`content of said surface of
`said soil and/or seed by
`color intensity of said
`mulch product;
`
`None of these references teach this element.
`
`Holton does not teach determining the moisture
`content. Mall only teaches that certain materials
`appear darker when wet and is not concerned with
`organisms, much less seeds.
`
`Kessler does not teach determining moisture content
`of said surface of said soil and/or seed by color
`
`Page 1
`Encap Exhibit 2003
`IPR2014-01110
`The Scotts Company, LLC v. Encap, LLC
`
`
`
`8. A method of
`determining moisture
`content of soil and/or seed
`at soil surface comprising:
`
`placing a mulch product
`and seed together at
`surface of said soil;
`
`Holton, Mall, and Kessler
`Holton teaches placing a paper mulch product on an
`area of lawn 2:31-34; the paper mulch product can
`be premixed with grass seed 5:52-55. Holton does
`not teach a method of determining moisture content
`of soil and/or seed at soil surface.
`
`Mall is a study of wet surfaces in the computing
`realm. (Ex. 1006 at 963). Mall teaches that
`materials with rough and absorbent surfaces appear
`darker when wet. Mall does not teach a method of
`determining moisture content of soil and/or seed at
`soil surface.
`
`
`Kessler teaches soil containing peat moss that
`changes color which can be used to determine when
`to water established potted plants. Kessler at 5.
`Kessler solely relates to the sub-surface root systems
`of established, potted plants and not to the soil
`surface or seeds.
`
`None of these references alone or in combination
`
`teaches a method of determining moisture content of
`soil and/or seed at soil surface.
`
`
`Scotts admits that neither Mall nor Kessler disclose
`this element. In fact Kessler teaches against this as it
`is concerned with plants in the soil and not the mulch
`and seed on surface of the soil.
`
`determining moisture
`content of said surface of
`said soil and/or seed by
`color intensity of said
`mulch product;
`
`None of these references teach this element.
`
`Holton does not teach determining the moisture
`content. Mall only teaches that certain materials
`appear darker when wet and is not concerned with
`organisms, much less seeds.
`
`Kessler does not teach determining moisture content
`of said surface of said soil and/or seed by color
`
`Page 1
`Encap Exhibit 2003
`IPR2014-01110
`The Scotts Company, LLC v. Encap, LLC
`
`
`
`‘183 Patent Claims
`
`changing color intensity of
`said mulch product when
`moisture is removed from
`said mulch product;
`
`changing color intensity of
`said mulch product when
`moisture is added to said
`mulch product;
`
`adjusting moisture level of
`said surface of said soil
`and/or seed in response to
`said color intensity of said
`mulch product;
`
`Holton, Mall, and Kessler
`intensity of said mulch product. Kessler only relates
`to the sub-surface root systems of established, potted
`plants and not to the surface of the soil or seeds.
`
`Holton does not teach changing color intensity of
`said mulch product when moisture is removed from
`the product.
`
`Mall only teaches that certain materials become
`darker when wet, and is not concerned with
`organisms, much less seeds.
`
`Kessler does not teach this element because it relates
`to the sub-surface root systems of established, potted
`plants and sub-surface moisture of the soil and not
`surface soil.
`Holton’s product is wetted with water by rainfall or
`irrigation and is silent regarding the color intensity
`of the mulch product when water is added.
`
`Mall only teaches that certain materials appear
`darker when wet and is not concerned with
`organisms, much less seeds.
`
`With regards to Kessler, Kessler does not relate to
`changing color intensity of mulch that is on the
`surface of the soil.
`Holton’s product is wetted with water by rainfall or
`irrigation. There is no teaching of adjusting the
`moisture level of the surface of the soil and/or seed
`in response to the color intensity of the mulch
`product.
`
`Mall only teaches that certain materials appear
`darker when wet, and is not concerned with
`organisms, much less seed and does not teach any
`adjustment to moisture level.
`
`Kessler does not teach adjusting moisture levels on
`
`Page 2
`Encap Exhibit 2003
`IPR2014-01110
`The Scotts Company, LLC v. Encap, LLC
`
`
`
`‘183 Patent Claims
`
`said seed consisting
`essentially of grass,
`vegetable and/or flower
`seed;
`
`said color coming from a
`pigment and/or dye in said
`mulch product;
`
`said mulch product
`comprising a fiber,
`cellulose, clay, loam, sand,
`and/or a combination of
`same;
`
`said color intensity of said
`mulch product has a
`relationship to said
`moisture content of said
`surface of said soil and/or
`seed, indicating watering
`
`needs of said seed
`
`10. The method of claim
`8 wherein said mulch
`product further comprises
`NPK fortifiers.
`
`Holton, Mall, and Kessler
`the surface of the soil, relates only to established
`potted plants and not seeds and only relates to
`moisture levels below the surface of the soil.
`
`Scotts admits that neither Mall nor Kessler teaches
`this element.
`
`Scotts admits that neither Mall nor Kessler teaches
`this element.
`
`Scotts admits that neither Mall nor Kessler teaches
`this element.
`
`Holton does not describe any color intensity and
`therefore does not describe a relationship between the
`color intensity of the mulch product and relationship of
`the moisture content of the surface of the soil and/or
`seed indicating the watering needs of the seed.
`
`Mall relates only to the fact that some materials appear
`darker when wet, and is not concerned with organisms,
`much less seeds and therefore, does not teach these
`elements of the claim.
`
`Kessler does not teach that the color intensity of the
`mulch product has relationship of the moisture content
`of the surface of the soil and/or seed indicating the
`watering needs of the seed. Kessler only teaches the
`soil containing peat moss in established potted plants
`not the surface of the seeds.
`Scotts admits that Mall does not teach this element.
`
`Kessler does not teach that the mulch product further
`comprises NPK fortifiers, but only teaches that
`
`Page 3
`Encap Exhibit 2003
`IPR2014-01110
`The Scotts Company, LLC v. Encap, LLC
`
`
`
`‘183 Patent Claims
`
`Holton, Mall, and Kessler
`fertilizers are required for plant growth.
`
`12. The method of claim
`1 further comprising:
`producing said mulch
`product by methods that
`include an
`agglomeration/granulation
`operation.
`
`14. The method of claim
`1 wherein said color fades
`and/or disappears in
`response to a lack of
`moisture in said mulch
`product.
`
`Scotts admits that neither Mall nor Kessler teaches
`this element.
`
`Mall only teaches that some materials appear darker
`when wet.
`
`
`
`Kessler only teaches that soil contains peat moss,
`and not that the color and the mulch fades when the
`mulch is on the surface of the soil.
`
`
`
`Holton does not teach any fading of color or
`disappearing in response to lack of moisture in the
`mulch.
`
`
`
`
`
`
`Page 4
`Encap Exhibit 2003
`IPR2014-01110
`The Scotts Company, LLC v. Encap, LLC
`
`
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