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 § 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, 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bryan (US 10206344 B2, hereafter referred to as Bryan ‘344) in view of Woolbright (US 12178168 B2).
Regarding claim 1, Bryan ‘344 discloses a vertical modular hydroponic plant growing system
(see figs 1-2) comprising:
a base assembly (12/14/16, see fig 1) comprising:
a nutrient reservoir (12, see fig 1);
an upper attachment member (16, see fig 3);
a pumping module (64, see fig 3) comprising:
a fluid pump (64, see fig 3) operable to pump fluid;
and a pump tube (66) configured to attach to the fluid pump at a first end and permit fluid
pumped by the fluid pump to flow therethrough and exit at a second end;
a plurality of vertical stacking units (modules 78, 80, see fig 4, see fig 4), each vertical stacking
unit of the plurality of stacking units comprising:
one or more sidewalls (sidewalls of 78, 80, see figs 1 and 3-4) defining an interior vertical
channel (hollow interior channel 56, see figs 3-4), each sidewall comprising an attachment section (bottom wall 82, can include protrusions 85 to align with plant ports 46, see figs 4 and 6-7) at a lower end thereof configured to interface with one of the upper attachment member of the base assembly and an upper portion of the sidewalls of a vertical stacking unit to removably attach the vertical stacking unit thereto (see figs 1-3 and 6-7);
a plant receiving member (planting port 46) extending outward from a sidewall, the plant receiving member comprising a plant-receiving aperture (46, see fig 7) configured to permit a plant module (47, see figs 9-11) to be positioned therein and grow outward therefrom and extend into the interior vertical channel such that a portion of the plant module is in fluidic communication with the interior vertical channel (see fig 9-11);
and an irrigation module (58, see figs 4 and 19-20) configured to attach to a vertical stacking unit and comprising: one or more sidewalls (walls of 78, see fig 4) configured to interface with the sidewalls of a vertical stacking unit, thereby removably attaching the irrigation module to the vertical stacking unit (58, see figs 4 and 19-20);
a center member (58) comprising one or more apertures (dispersion holes, see fig 20);
and an irrigation module (58, see figs 4 and 19-20) configured to attach to a vertical stacking unit and comprising: one or more sidewalls (walls of 78, see fig 4) configured to interface with the sidewalls of a vertical stacking unit, thereby removably attaching the irrigation module to the vertical stacking unit (58, see figs 4 and 19-20);
a center member (58) comprising one or more apertures (dispersion holes, see fig 20);
an inlet port (bottom aperture of 54) extending downward from the center member and configured to facilitate the removable attachment of the second end (top end of hose 66) of the pump tube thereto;
and an outlet port (top exit of 54, see fig 19) extending upward from the center member and positioned in fluidic communication with the inlet port and configured to permit fluid flowing into the inlet pump to flow out the outlet port;
wherein the interior vertical channel of each vertical stacking unit cooperates to define a contiguous interior channel (56, contiguous via sidewalls, water flows through apertures in each module, see figs 3-4) of the system;
and wherein fluid flowing out of the outlet port flows onto the upper surface of the center member and through the one or more apertures thereof into the contiguous interior channel (fluid flows through outlet port 54 down apertures 60 of center member then through modules and apertures 84, see figs 5, 7, 11, 17 and 20);
a body member extending upward and outward from an outer surface of a sidewall of the vertical stacking unit and defining a passageway through which the plant module may be positioned and extend into the interior vertical channel of the vertical stacking unit (46, see figs 7, 9 and 11);
and an interfacing surface member (top edges of member 46, see fig 9) extending outward and downward from the same outer surface of the sidewall of the vertical stacking unit as the body member,
the interfacing surface comprising an upper surface (upper edges of 46, see fig 9) thereof defining a plant-receiving aperture (46) and configured to interface with a surface of the plant module (47) to prevent the plant module from sliding entirely into the interior vertical channel, thereby suspending the plant module in the plant receiving member (see figs 9-11).
Bryan ‘344 fails to disclose the interfacing member extending outward and downward such that the interfacing surface extends beyond the body member.
Woolbright teaches an interfacing surface member (overhanging lip of rim 710, see fig 25) extending outward and downward from the same outer surface of the sidewall of the vertical stacking unit as the body member (704, see fig 25) such that the interfacing surface extends beyond the body member (rim 710 has lip extending outward and downward from body surface 704).
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 interfacing surface member of Bryan ‘282 to be a lip extending beyond the body member as taught by Woolbright with a reasonable expectation of success because this will result in increased surface area to help support foliage of plants as they grow and because this will improve structural stability at a point of plant pod support, and since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Regarding claim 2, the modified reference teaches the system of claim 1, and Bryan ‘344 further discloses wherein an upper surface of the center member is bounded by the one or more sidewalls of the irrigation module (see figs 1-2 and 4-5).
Regarding claim 3, the modified reference teaches the system of claim 1, and Bryan ‘344 further disclose wherein: the nutrient reservoir (12) comprises a lower wall and a plurality of sidewalls (see figs 1-3), and the upper attachment member (16, see figs 1-2 and 9) is configured to removably attach to an upper end of the plurality of sidewalls of the nutrient reservoir.
Regarding claim 7, the modified reference teaches the system of claim 1, and Bryan ‘344 further discloses wherein the center member comprises a first plurality of apertures positioned proximate to the sidewalls of the irrigation module and a second plurality of apertures positioned proximate to the outlet port (plurality of apertures 60, close to the sidewalls and outlet port, see fig 20-21)
Regarding claim 19, Bryan ‘344 discloses a vertical modular hydroponic plant growing system kit
(see figs 1-2) comprising:
a container (see fig 1);
a base assembly (12/14/16, see fig 1) comprising:
a nutrient reservoir (12, see fig 1) comprising:
and an upper attachment member (16, see fig 1)
a pumping module (64, see fig 3) comprising:
a fluid pump (64, see fig 3) operable to pump fluid;
and a pump tube (66) configured to attach to the fluid pump at a first end and permit fluid pumped by the fluid pump to flow therethrough and exit at a second end;
a plurality of vertical stacking units (modules 78, 80, see fig 4, see fig 4), each vertical stacking unit of the plurality of stacking units comprising:
one or more sidewalls (sidewalls of 78, 80, see figs 1 and 3-4) defining an interior vertical channel (hollow interior channel 56, see figs 3-4), each sidewall comprising an attachment section (bottom wall 82, can include protrusions 85 to align with plant ports 46, see figs 4 and 6-7) at a lower end thereof configured to interface with one of the upper attachment member of the base assembly and an upper portion of the sidewalls of a vertical stacking unit to removably attach the vertical stacking unit thereto (see figs 1-3 and 6-7);
a plant receiving member (planting port 46) extending outward from a sidewall, the plant receiving member comprising a plant-receiving aperture (46, see fig 7) configured to permit a plant module (47, see figs 9-11) to be positioned therein and grow outward therefrom and extend into the interior vertical channel such that a portion of the plant module is in fluidic communication with the interior vertical channel (see fig 9-11);
a body member extending upward and outward from an outer surface of a sidewall of the vertical stacking unit and defining a passageway through which the plant module may be positioned and extend into the interior vertical channel of the vertical stacking unit (46, see figs 7, 9 and 11);
and an interfacing surface member (top edges of member 46, see fig 9) extending outward and downward from the same outer surface of the sidewall of the vertical stacking unit as the body member, the interfacing surface comprising an upper surface (upper edges of 46, see fig 9) thereof defining a plant-receiving aperture (46) configured to permit a plant module (47, see figs 9-11) to be positioned therein and grow outward therefrom and extend into the interior vertical channel such that a portion of the plant module is in fluidic communication with the interior vertical channel (see fig 11), the upper surface further being configured to interface with a surface of the plant module to prevent the plant module from sliding entirely into the interior vertical channel, thereby suspending the plant module in the plant receiving member (see figs 9-11);
and an irrigation module (58, see figs 4 and 19-20) configured to attach to a vertical stacking unit and comprising: one or more sidewalls (walls of 78, see fig 4) configured to interface with the sidewalls of a vertical stacking unit, thereby removably attaching the irrigation module to the vertical stacking unit (58, see figs 4 and 19-20);
a center member (58) comprising one or more apertures (dispersion holes, see fig 20);
an inlet port (bottom aperture of 54) extending downward from the center member and configured to facilitate the removable attachment of the second end (top end of hose 66) of the pump tube thereto;
and an outlet port (top exit of 54, see fig 19) extending upward from the center member and positioned in fluidic communication with the inlet port and configured to permit fluid flowing into the inlet pump to flow out the outlet port;
and a plurality of plant modules (seed basket 47, see figs 11 and 12), each plant module comprising:
an interfacing section (edges of seed basket) configured to interface with the upper surface of the interfacing surface member and be carried by a plant receiving member (edges of 47 that rest on the walls/edges of the plant receiving member 46);
and a body section (body of 47 with apertures for fluid flow, see fig 11) configured to permit fluid to flow therethrough.
Bryan ‘344 fails to disclose the interfacing member extending outward and downward such that the interfacing surface extends beyond the body member.
Woolbright teaches an interfacing surface member (overhanging lip of rim 710, see fig 25) extending outward and downward from the same outer surface of the sidewall of the vertical stacking unit as the body member (704, see fig 25) such that the interfacing surface extends beyond the body member (rim 710 has lip extending outward and downward from body surface 704).
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 interfacing surface member of Bryan ‘282 to be a lip extending beyond the body member as taught by Woolbright with a reasonable expectation of success because this will result in increased surface area to help support foliage of plants as they grow and because this will improve structural stability at a point of plant pod support, and since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bryan (US 10206344 B2, hereafter referred to as Bryan ‘344) in view of Woolbright (US 12178168 B2) as applied to claim 1 above, and further in view of Chang (US-20110113685-A1).
Regarding claim 11, the modified reference teaches system of claim 1.
The modified reference fails to teach wherein each vertical stacking unit comprises a plurality of
plant receiving members equal in number to the number of sidewalls comprised by the one or more sidewalls of the vertical stacking unit.
Chang discloses wherein each vertical stacking unit comprises a plurality of plant receiving members equal in number to the number of sidewalls comprised by the one or more sidewalls of the vertical stacking unit (see figs 1-3).
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 sidewalls such that the number of sidewalls equals the number of planting members as taught by Chang with a reasonable expectation of success because this will maximize planting yield while ensuring each plant has ample room to grow without infringing on the space of neighboring plants.
Claim(s) 4-6, 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bryan (US 10206344 B2, hereafter referred to as Bryan ‘344) in view of Woolbright (US 12178168 B2) as applied to claims 1, 3 and 19 above, and further in view of Bryan (US 7055282 B2, hereafter referred to as Bryan ‘282).
Regarding claim 4, the modified reference teaches the system of claim 3, and Bryan ‘344 further discloses wherein the upper attachment member comprises: a first section comprising an attachment structure (16, see figs 1 and 2) configured to facilitate the removable attachment of a vertical stacking unit thereto and defining an aperture (28); and a second section (access panel 93) that is one of separate from the first section and attached to the first section (see figs 6 and 9); wherein the upper attachment member (93) obstructs an upper opening of the nutrient reservoir when the second section is in a closed position (see figs 1-2, 14 and 16) and permits access to the upper opening of the nutrient reservoir when the second section is in an open position (see fig 15), and wherein the aperture (28) of the first section is configured to permit the pump tube to pass therethrough and into the contiguous interior channel (space for conduit, see figs 14-16).
The modified reference fails to teach the second section being rotatably attached to the first section.
Bryan ‘282 teaches wherein the upper attachment member comprises: a first section comprising an attachment structure (18, see figs 1 and 2) configured to facilitate the removable attachment of a vertical stacking unit thereto and defining an aperture (48); and a second section (access panel 58) that is one of separate from the first section and rotatably attached to the first section (see figs 6 and 9).
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 second section to be rotatably attached to the first as taught by Bryan ‘282 with a reasonable expectation of success because this will provide an easier method of accessing the nutrient reservoir.
Regarding claim 5, the modified reference teaches the system of claim 1.
The modified reference fails to teach wherein the attachment section of the one or more sidewalls of the vertical stacking units have an outer dimension that is less than an inner dimension of the upper portion of the sidewalls of the vertical stacking units.
Bryan ‘282 teaches wherein the attachment section (35) of the one or more sidewalls of the vertical stacking units have an outer dimension that is less than an inner dimension of the upper portion of the sidewalls of the vertical stacking units (35 has smaller diameter than 24, see fig 2).
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 sidewalls with the configuration of Bryan ‘282 with a reasonable expectation of success as this will provide a more secure stacking arrangement.
Regarding claim 6, the modified reference teaches the system of claim 1, and Bryan ‘344 further discloses wherein the irrigation module further comprises a cover attachment member (58, see figs 11-14 and 19-21), the system further comprising a cover member (90, see figs 11-14 and 19-21) configured to attach to the cover attachment member and be positionable to interface with an upper section of the sidewalls of the irrigation module and prevent the unintentional expulsion of fluid through an open upper section of the irrigation module (see figs 11-14 and 19-21).
The modified reference fails to teach the cover being configured to rotatably attach to the cover attachment member.
Bryan ‘282 teaches wherein the irrigation module further comprises a cover attachment member (22, see figs 1-2 and 4-5), the kit further comprising: a cover member (90) configured to rotatably attach to the cover attachment member and be positionable to interface with an upper section of the sidewalls of the irrigation module and prevent the unintentional expulsion of fluid through an open upper section of the irrigation module (rotatability discussed in background).
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 rotational attachment of Bryan ‘282 with a reasonable expectation of success as this will provide a secure attachment such that water will not leak out of the cover.
Regarding claim 10, the modified reference teaches the system of claim 1.
The modified reference fails to teach wherein the plant receiving member is integrally formed with the sidewall of the vertical stacking unit.
Bryan ‘282 teaches wherein the plant receiving member is integrally formed with the
sidewall of the vertical stacking unit (cup 104 integrally formed with planting column, see col 8, lines 18-25).
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 plant cup to be integrally formed with the sidewall of the stacking unit with a reasonable expectation of success as this will provide a secure and watertight planting cup to ensure there is no water leakage or exposure to outside elements and since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1983). Further, it has been held that the term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding. In re Hotte, 177 USPQ 326, 328 (CCPA 1973).
Regarding claim 20, the modified reference teaches the kit of claim 19, and Bryan ‘344 further
discloses wherein the irrigation module further comprises a cover attachment member (58, see figs 11-14 and 19-21), the kit further comprising a cover member (90, see figs 11-14 and 19-21) configured to attach to the cover attachment member and be positionable to interface with an upper section of the sidewalls of the irrigation module and prevent the unintentional expulsion of fluid through an open upper section of the irrigation module (see figs 11-14 and 19-21).
The modified reference fails to teach the cover being configured to rotatably attach to the cover attachment member.
Bryan ‘282 teaches wherein the irrigation module further comprises a cover attachment member (22, see figs 1-2 and 4-5), the system further comprising a cover member (90) configured to rotatably attach to the cover attachment member and be positionable to interface with an upper section of the sidewalls of the irrigation module and prevent the unintentional expulsion of fluid through an open upper section of the irrigation module (rotatability discussed in background).
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 rotational attachment of Bryan ‘282 with a reasonable expectation of success as this will provide a secure attachment such that water will not leak out of the cover.
Claim(s) 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bryan (US 10206344 B2, hereafter referred to as Bryan ‘344) in view of Chang (US-20110113685-A1), Woolbright (US 12178168 B2), and Bryan (US 7055282 B2, hereafter referred to as Bryan ‘282).
Regarding claim 12, Bryan ‘344 discloses a vertical modular hydroponic plant growing system comprising:
a base assembly (12/14/16, see fig 1) comprising:
a nutrient reservoir (12, see fig 1) comprising:
a lower wall (bottom wall of 14, see fig 1);
and an upper attachment member (16) configured to removably attach to an upper end of the plurality of sidewalls of the nutrient reservoir and comprising:
a first section comprising an attachment structure (16, see figs 1 and 2) configured to facilitate the removable attachment of a vertical stacking unit thereto and defining an aperture (28);
a second section (access panel 93) that is one of separate from the first section and attached to the first section (see figs 6 and 9); wherein the upper attachment member (93) obstructs an upper opening of the nutrient reservoir when the second section is in a closed position (see figs 1-2, 14 and 16) and permits access to the upper opening of the nutrient reservoir when the second section is in an open position (see fig 15), and wherein the aperture (28) of the first section is configured to permit the pump tube to pass therethrough and into the contiguous interior channel (space for conduit, see figs 14-16),
a pumping module (64, see fig 3) comprising:
a fluid pump (64) operable to pump fluid;
and a pump tube (66) configured to attach to the fluid pump at a first end and permit fluid pumped by the fluid pump to flow therethrough and exit at a second end;
a plurality of vertical stacking units (modules 78, 80, see fig 4, see fig 4), each vertical stacking unit of the plurality of stacking units comprising:
one or more sidewalls (sidewalls of 78, 80, see figs 1 and 3-4) defining an interior vertical channel (hollow interior channel 56, see figs 3-4), each sidewall comprising an attachment section (bottom wall 82, can include protrusions 85 to align with plant ports 46, see figs 4 and 6-7) at a lower end thereof configured to interface with one of the upper attachment member of the base assembly and an upper portion of the sidewalls of a vertical stacking unit to removably attach the vertical stacking unit thereto (see figs 1-3 and 6-7)
a plurality of plant receiving members ( planting port 46), each plant receiving member extending radially outward from a sidewall of the plurality of sidewalls of the vertical stacking unit (46, see figs 7 and 9-11), each plant receiving member comprising:
a body member extending upward and outward from an outer surface of a sidewall of the vertical stacking unit and defining a passageway through which the plant module may be positioned and extend into the interior vertical channel of the vertical stacking unit (46, see figs 7, 9 and 11);
and an interfacing surface member (top edges of member 46, see fig 9) extending outward and downward from the same outer surface of the sidewall of the vertical stacking unit as the body member;
the interfacing surface comprising an upper surface (upper edges of 46, see fig 9) thereof defining a plant-receiving aperture (46), configured to permit a plant module (47, see figs 9-11) to be positioned therein and grow outward therefrom and extend into the interior vertical channel such that a portion of the plant module is in fluidic communication with the interior vertical channel (see fig 11), the upper surface further being configured to interface with a surface of the plant module to prevent the plant module from sliding entirely into the interior vertical channel, thereby suspending the plant module in the plant receiving member (see figs 9-11);
and an irrigation module (58, see figs 4 and 19-20) configured to attach to a vertical stacking unit and comprising: one or more sidewalls (walls of 78, see fig 4) configured to interface with the sidewalls of a vertical stacking unit, thereby removably attaching the irrigation module to the vertical stacking unit (58, see figs 4 and 19-20)
a center member (58) comprising one or more apertures (dispersion holes, see fig 20);
an inlet port (bottom aperture of 54) extending downward from the center member and configured to facilitate the removable attachment of the second end (top end of hose 66) of the pump tube thereto;
and an outlet port (top exit of 54, see fig 19) extending upward from the center member and positioned in fluidic communication with the inlet port and configured to permit fluid flowing into the inlet pump to flow out the outlet port;
wherein the aperture of the first section is configured to permit the pump tube to pass therethrough and into the contiguous interior channel (see figs 2, 7, and 9-10)
wherein the interior vertical channel of each vertical stacking unit cooperates to define a contiguous interior channel (56, contiguous via sidewalls, water flows through apertures in each module, see figs 3-4) of the system;
and wherein fluid flowing out of the outlet port flows onto the upper surface of the center member and through the one or more apertures thereof into the contiguous interior channel (fluid flows through outlet port 54 down apertures 60 of center member then through modules and apertures 84, see figs 5, 7, 11, 17 and 20)
Bryan ‘344 fails to disclose a plurality of sidewalls, the second section being rotatably attached to the first section, each plant receiving member being integrally formed with the sidewalls, and the interfacing member extending outward and downward such that the interfacing surface extends beyond the body member.
Bryan ‘282 teaches wherein the upper attachment member comprises: a first section comprising
an attachment structure (18, see figs 1 and 2) configured to facilitate the removable attachment of a vertical stacking unit thereto and defining an aperture (48); and a second section (access panel 58) that is one of separate from the first section and rotatably attached to the first section (see figs 6 and 9), and each plant receiving member being integrally formed with and extending radially outward from a sidewall of the plurality of sidewalls (cup 104 integrally formed with planting column, see col 8, lines 18-25)
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 second section to be rotatably attached to the first as taught by Bryan ‘282 with a reasonable expectation of success because this will provide an easier method of accessing the nutrient reservoir and to have modified the plant cup to be integrally formed with the sidewall of the stacking unit with a reasonable expectation of success as this will provide a secure and watertight planting cup to ensure there is no water leakage or exposure to outside elements and since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1983). Further, it has been held that the term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding. In re Hotte, 177 USPQ 326, 328 (CCPA 1973).
Chang teaches a plurality of sidewalls (see figs 1-3).
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 cylindrical shape of Bryan ‘344 with the plurality of sidewalls of Chang with a reasonable expectation of success as this will provide more space for plant pots, thereby increasing crop yield.
Woolbright teaches an interfacing surface member (overhanging lip of rim 710, see fig 25) extending outward and downward from the same outer surface of the sidewall of the vertical stacking unit as the body member (704, see fig 25) such that the interfacing surface extends beyond the body member (rim 710 has lip extending outward and downward from body surface 704).
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 interfacing surface member of Bryan ‘282 to be a lip extending beyond the body member as taught by Woolbright with a reasonable expectation of success because this will result in increased surface area to help support foliage of plants as they grow and because this will improve structural stability at a point of plant pod support, and since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Regarding claim 13, the modified reference teaches the system of claim 12, and Bryan ‘344
further discloses wherein an upper surface of the center member is bounded by the one or more sidewalls of the irrigation module (see figs 1-2 and 4-5).
Regarding claim 14, the modified reference teaches the system of claim 12.
The modified reference fails to teach wherein the attachment section of the plurality of sidewalls of the vertical stacking units have an outer dimension that is less than an inner dimension of the upper portion of the sidewalls of the vertical stacking units.
Bryan ‘282 teaches wherein the attachment section (35) of the plurality of sidewalls (plurality of
sidewall modification made by Chang in claim 12) of the vertical stacking units have an outer dimension that is less than an inner dimension of the upper portion of the sidewalls of the vertical stacking units (35 has smaller diameter than 24, see fig 2).
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 sidewalls with the configuration of Bryan ‘282 with a reasonable expectation of success as this will provide a more secure stacking arrangement.
Regarding claim 15, the modified reference teaches the system of claim 12.
The modified reference fails to teach wherein the attachment section of the one or more sidewalls of the vertical stacking units have an outer dimension that is less than an inner dimension of the upper portion of the sidewalls of the vertical stacking units.
Bryan ‘282 further discloses wherein the attachment section (35) of the one or more sidewalls of the vertical stacking units have an outer dimension that is less than an inner dimension of the upper portion of the sidewalls of the vertical stacking units (35 has smaller diameter than 24, see fig 2).
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 sidewalls with the configuration of Bryan ‘282 with a reasonable expectation of success as this will provide a more secure stacking arrangement.
Regarding claim 16, the modified reference teaches the system of claim 12.
Bryan ‘344 further discloses and Bryan ‘344 further discloses wherein the irrigation module further comprises a cover attachment member (90), the system further comprising a cover member (90) configured to attach to the cover attachment member and be positionable to interface with an upper section of the sidewalls of the irrigation module and prevent the unintentional expulsion of fluid through an open upper section of the irrigation module (see figs 11-14 and 19-21).
The modified reference fails to teach the cover being configured to rotatably attach to the cover attachment member.
Bryan ‘282 teaches wherein the irrigation module further comprises a cover attachment member (22, see figs 1-2 and 4-5), the system further comprising a cover member (90) configured to rotatably attach to the cover attachment member and be positionable to interface with an upper section of the sidewalls of the irrigation module and prevent the unintentional expulsion of fluid through an open upper section of the irrigation module (rotatability discussed in background).
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 rotational attachment of Bryan ‘282 with a reasonable expectation of success as this will provide a secure attachment such that water will not leak out of the cover.
Regarding claim 17, the modified reference teaches the system of claim 12, and Bryan ‘344 further discloses wherein the center member comprises a first plurality of apertures positioned proximate to the sidewalls of the irrigation module and a second plurality of apertures positioned proximate to the outlet port (plurality of apertures 60, close to the sidewalls and outlet port, see fig 20-21).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7, 10-17 and 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, Applicants arguments over Chang are moot as Chang is no longer relied upon to teach the overhanging interfacing member.
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, Keats discloses a plant holder with an extending and overhanging lip.
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached on (571) 270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642