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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/12/2026 has been entered.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 states “wherein the base has a fourth opening defined through a side on a first end
of the base.” However, claim 1 states “the third opening defined through a side on a first end of the base;” and therefore it is assumed that claim 4 should be amended to “wherein the base has a fourth opening defined through a side on a second end of the base.”
Appropriate correction is required.
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, 3, and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Vezina (US-20150181812-A1) in view of Dearinger (US-20180338440-A1) and Chen (US 9775330 B1).
Regarding claim 1, Vezina discloses a bracket (10) for use in holding plants in an aqueous farm
system, comprising:
a base that has a plurality of first openings (cavities 18) extending through the base from a first surface (12) of the base to a second surface (14) of the base (cavities 18 extend from top surface to bottom surface, see figs 1 and 3), each of the plurality of openings dimensioned to receive a plant or plant receptacle (see para 0026, a plant pot can be inserted into each cavity 18),
the base having an internal volume between the first surface and the second surface (see figs 1 and 3), wherein the base has a plurality of second openings through the first surface of the base into the internal volume (slots 26, see figs 1 and 2), the plurality of second openings (slots 26) being configured to allow air to flow out of the internal volume and into a region under canopies of plants received the plurality of first openings, and
wherein the base has a third opening (31, see figs 1 and 3) into the internal volume; the third opening (31) defined through a side on a first end of the base (see figs 1 and 3).
Vezina fails to disclose a fan near the third opening to inject air into the internal volume.
Dearinger teaches a fan near the third opening to inject air into the internal volume (160, see figs 1-4).
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 third opening of Vezina with the fan of Dearinger with a reasonable expectation of success as this will provide increased airflow to the internal volume of Vezina, thereby providing fresher air to the plants, and ensuring no debris or contaminants are in the internal volume, thereby providing a cleaner environment.
However, if for any reason Applicant disagrees that the Vezina teaches the base having a plurality of second openings, and those openings being configured to allow air flow as claimed, then Chen teaches wherein the base has a plurality of second openings (33) through a first surface of the base into the internal volume (first openings 32 next to second openings 33, see figs 4-6), the plurality of second openings (33) being configured to allow air to flow out of the internal volume and into a region under canopies of plants received the plurality of first openings.
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 base of Vezina with the second openings of Chen with a reasonable expectation of success as this will allow for greater airflow from within the internal volume of the system to the top surface of the planting tray such that the air within the internal volume does not become stale or humid, which could encourage bacteria growth and damage the growing plants.
Regarding claim 3, the modified reference teaches the bracket of claim 1, and Dearinger further teaches wherein the fan is affixed in the third opening (160, see figs 1-4).
Regarding claim 6, the modified reference teaches the bracket of claim 1, and Vezina further discloses wherein each of the plurality of first openings is configured to receive a plant receptacle holding a plant (see para 0026, a plant pot can be inserted into each cavity 18).
Regarding claim 7, the modified reference teaches the bracket of claim 1, and Chen further teaches wherein a set of openings of the plurality of second openings (33) are located around one of the plurality of first openings (first openings 32 and second openings 33, see figs 4, 6 and 7).
Regarding claim 8, the modified reference teaches the bracket of claim 1 and Chen further teaches wherein each of the plurality of first openings is larger the each of the plurality of second openings (first openings 32, second openings 33, see figs 4, 6 and 7).
The modified reference teaches the claimed invention except wherein the wherein each of the plurality of first openings is at least ten times larger the each of the plurality of second openings. 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 openings of the modified reference with the first openings being at least 10 times larger than the second with a reasonable expectation of success because this configuration will allow for a variety of plants to be grown in the same space without overcrowding, and for increased airflow and space to the current plants.
Regarding claim 9, the modified reference teaches the bracket of claim 1.
The modified reference fails to teach wherein each of the plurality of first openings comprises a sidewall that separates an opening from the internal volume in the base.
Dearinger further discloses wherein each of the plurality of first openings comprises a sidewall that separates an opening from the internal volume in the base (see fig 1, sidewall inside apertures 140).
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 first plurality of openings with the sidewall of Dearinger with a reasonable expectation of success as this will help contain the growing plants and prevent them from encroaching on one another’s space as they grow.
Regarding claim 10, the modified reference teaches the bracket of claim 1.
The modified reference fails to teach further comprising a first pair of legs and a second pair of legs extending from the base.
Chen teaches further comprising a first pair of legs and a second pair of legs extending from the base (middle pairs of legs extending from frame, see fig 1).
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 legs of Chen with a reasonable expectation of success because this will ensure the system is stable with a firm foundation.
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Vezina (US-20150181812-A1) in view of Dearinger (US-20180338440-A1) and Chen (US 9775330 B1) as applied to claim 1 above, and further in view of Pham (US 10709076 B2).
Regarding claim 4, the modified reference teaches the bracket of claim 1, and Vezina further
discloses wherein the base has a fourth opening defined through a side on a first end of the base (apertures 31 on one or more sides of the base, see para 0027).
The modified reference teaches the claimed invention except wherein base has a further fan is
affixed in the fourth opening. Pham teaches openings on both ends of the base (see 541 and 551, see fig 5) and fans on both ends (see 511 and 512, see fig 5). 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 with a fourth opening and fan affixed in the opening as taught by Pham with a reasonable expectation of success in order to maximize airflow to ensure the plants receive optimized environmental conditions for maximum plant growth, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 5, the modified reference teaches the bracket of claim 4, and Chen further teaches wherein the plurality of second openings are smaller than the plurality of first openings and are proximate the plurality of first openings on the surface (first openings 32 and second openings 33, see figs 4, 6 & 7).
Claim(s) 11, 14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over of Vezina (US-20150181812-A1) in view of Dearinger (US-20180338440-A1), Curtis (AU-2008212044-A8), and Chen (US 9775330 B1).
Regarding claim 11, Vezina discloses a bracket for an aqueous farm system, comprising:
a base (10) that extends along a longitudinal axis from a first end to a second end (see fig 1 and 3), and having a top surface (12) and a bottom surface (14), with a plurality of first openings defined through the base from the top surface to the bottom surface substantially perpendicular to the longitudinal axis (cavities 18 extend from top surface to bottom surface, see figs 1 and 3), wherein each of the plurality of openings is configured to receive one of a plurality of plant receptacles (see para 0026, a plant pot can be inserted into each cavity 18)
an internal volume defined within the base (internal volume, see figs 1 and 3), the internal volume bounded by the top surface and the bottom surface (volume defined by 12 and 14, holes 31 into internal volume, see figs 1 and 3), a plurality of second openings through the first surface of the base into the internal volume (slots 26, see figs 1 and 2), and the plurality of second openings (slots 26) being configured to allow air to flow out of the internal volume and into a region under canopies of plants received the plurality of first openings, and a third opening (31) defined through a side on a first end of the base (see figs 1 and 3).
Vezina fails to disclose a first arm extending outwards from the top surface of the base
proximate the first end of the base at a substantially perpendicular angle to the longitudinal axis of the base; a second arm extending outwards from the top surface of the base proximate the second end of the base at a substantially perpendicular angle to the longitudinal axis of the base and a fan near the third opening to inject air into the internal volume.
Dearinger teaches a fan near the third opening to inject air into the internal volume (160, see figs 1-4).
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 third opening of Vezina with the fan of Dearinger with a reasonable expectation of success as this will provide increased airflow to the internal volume of Vezina, thereby providing fresher air to the plants, and ensuring no debris or contaminants are in the internal volume, thereby providing a cleaner environment.
Curtis teaches a first arm extending outwards from the top surface of the base proximate the first end of the base at a substantially perpendicular angle to the longitudinal axis of the base (34 at first end, see fig 1), and a second arm extending outwards from the top surface of the base proximate the second end of the base at a substantially perpendicular angle to the longitudinal axis of the base (34 at second end, see fig 1).
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 first and second arms of Curtis with a reasonable expectation of success as these arms assist in stacking and transport of the growing tray.
However, if for any reason Applicant disagrees that the Vezina teaches the base having a plurality of second openings, and those openings being configured to allow air flow, then Chen teaches wherein the base has a plurality of second openings (33) through a first surface of the base into the internal volume (first openings 32 next to second openings 33, see figs 4-6), the plurality of second openings (33) being configured to allow air to flow out of the internal volume and into a region under canopies of plants received the plurality of first openings.
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 base of Vezina with the second openings of Chen with a reasonable expectation of success this will allow for greater airflow from within the internal volume of the system to the top surface of the planting tray such that the air within the internal volume does not become stale or humid, which could encourage bacteria growth and damage the growing plants.
Regarding claim 14, the modified reference teaches the bracket of claim 11, and Vezina further
discloses wherein the base has a fourth opening defined through a side on a second end of the base (apertures 31 on one or more sides of the base, see para 0027).
Regarding claim 16, the modified reference teaches the bracket of claim 11, and Vezina further discloses wherein each of the plurality of first openings is configured to receive a plant receptacle holding a plant (see para 0026, a plant pot can be inserted into each cavity 18).
Regarding claim 17, the modified reference teaches the bracket of claim 11 and Chen further teaches wherein a set of openings of the plurality of second openings (33) are located around one of the plurality of first openings (first openings 32 and second openings 33, see figs 4, 6 & 7).
Regarding claim 18, the modified reference teaches the bracket of claim 11 and Chen further teaches wherein each of the plurality of first openings is larger than each of the plurality of second openings (first openings 32, second openings 33, see figs 4, 6 and 7).
The modified reference teaches the claimed invention except wherein the wherein each of the plurality of first openings is at least ten times larger the each of the plurality of second openings. 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 openings of the modified reference with the first openings being at least 10 times larger than the second with a reasonable expectation of success because this configuration will allow for a variety of plants to be grown in the same space without overcrowding, or for increased airflow and space to the current plants.
Regarding claim 19, the modified reference teaches the bracket of claim 11.
The modified reference fails to teach wherein each of the plurality of first openings comprises a sidewall that separates an opening from the internal volume in the base.
Dearinger further discloses wherein each of the plurality of first openings comprises a sidewall that separates an opening from the internal volume in the base (see fig 1, sidewall inside apertures 140).
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 first plurality of openings with the sidewall of Dearinger with a reasonable expectation of success as this will help contain the growing plants and prevent them from encroaching on one another’s space as they grow.
Regarding claim 20, the modified reference teaches the bracket of claim 11.
The modified reference fails to teach further comprising a first pair of legs and a second pair of legs extending from the base.
Chen teaches further comprising a first pair of legs and a second pair of legs extending from the base (middle pairs of legs extending from frame, see fig 1).
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 legs of Chen with a reasonable expectation of success because this will ensure the system is stable with a firm foundation.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Vezina (US-20150181812-A1) in view of Dearinger (US-20180338440-A1), and Curtis (AU-2008212044-A8) as applied to claim 14 above, and further in view of Pham (US 10709076 B2).
Regarding claim 15, the modified reference teaches the bracket of claim 14.
The modified reference fails to teach further comprising a further fan positioned to force air into the fourth opening.
Pham teaches further comprising a further fan (512) positioned to force air into the fourth opening (551, see col 7, lines 7-30).
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 modified reference with the fourth opening of Pham with a reasonable expectation of success in order to maximize airflow to ensure the plants receive optimized environmental conditions for maximum plant growth, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Response to Arguments
Applicant's arguments filed 05/12/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1,3-11 and 14-20 have been considered but are moot because the new ground of rejection does not rely on the same combinations of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, Vezina is now being used as the primary reference. Vezina discloses a base with the first openings, the internal volume, the third opening and the second plurality of openings. It would be It would have been obvious to one of ordinary skill in the art to modify the third opening of Vezina with the fan of Dearinger to provide increased airflow to the internal volume of Vezina.
In regards to Applicants argument that the cited references fail to teach the amended limitation, the Office respectfully disagrees. Firstly, Vezina, now the primary reference, discloses slots 26 on the top surface, which would allow for air flow from the internal volume to the canopy of the plants. Secondly, if Applicant disagrees that the slots of Vezina would be configured to allow for air flow, then Vezina modified with the secondary holes of Chen would result in a second plurality of openings being configured to allow air to flow out of the internal volume and into a region under canopies of plants received the plurality of first openings. Further, the amended limitation is purely functional, and claims directed to apparatus must be distinguished from the prior art in terms of structure rather than functions. In re Danly, 120 USPQ 528, 531.
Applicant argues that there is no motivation to add the smaller holes of Chen for air control, however the Office also cited the use of the smaller holes of Chen for providing a space for smaller plants and therefore the Office respectfully disagrees. The addition of smaller holes would allow for increased diversity of size of plants grown within the system, which could allow for plants of differing growth stages to be grown simultaneously. Further, in regards to the combination of Vezina, Dearinger and Chen, the sidewalls for the first holes would provide further structure to the root zone and also separation from neighboring plants to ensure roots do not become entangled and the second plurality of holes would ensure that the internal space has airflow that will prevent bacteria growth or formation of debris. Dearinger contemplates inserts for promoting stability of the plants in apertures 140 in paragraph 0020, and therefore using an internal volume with two sets of holes would similarly provide further stability and separation to plants in the root zone.
Applicant also argues that Pham and Curtis do not teach the internal volume, however neither of these references are cited to teach the internal volume and therefore this argument is moot.
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, Ross teaches plant growing brackets with air delivery lines.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at (571) 270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights