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 .
Application Status
Claims 1-3, 5, 7-14, 16, 18, 20-23, 25, and 27-36 are pending and have been examined in this application.
Claims 10 and 29 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/20/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5, 7-9, 11-14, 16, 18, 20-23, 25, 27-28, and 30-36 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the phrase "at least one plug or plant receivable between the abutting pair of inserts at a first side of the spacing component such that roots of the at least one plug or plant are spaced apart from the spacing component, allowing for root growth toward and about the spacing component" in lines 16-18. This renders the claim vague and indefinite, since it is unclear how the roots can be both “spaced apart” from the spacing component and root growth be allowed “about” the spacing component. Furthermore, looking at Applicant’s Figs. 6-8, the roots are clearly shown to be touching and wrapping around the spacing component. For purposes of examination, the phrase is being considered as “the roots are spaced apart from the spacing component”. However, further clarification is required. The limitation seems to be indefinite and self-conflicting. Claims 14 and 21 are rejected for similar reasons.
Claims 2-3, 5, 7-9, 11-13, 16, 18, 20, 22-23, 25, 27-28, and 30-36 are rejected based on their respective dependencies.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2, 5, 7, 13-14, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Аминов (RU 200449) in view of JP 3991163.
In regard to claim 1, Аминов discloses a vertical farm system, comprising: at least one rack having a grow channel (Figs. 1-2 and 10-11, Abstract, and Translated Specification Paragraphs [045-047], where there is at least one rack 1 having a grow channel (plants 6 are grown between inserts 8)); a source of moisture or nutrients, wherein the moisture or nutrients are communicably deliverable to the at least one rack (Figs. 1-2, 8, and 10-11, where there is a source of moisture or nutrients 14 and where the moisture or nutrients are communicably deliverable to the at least one rack 1); first and second malleable material inserts receivable in the grow channel, each of the malleable material inserts having an edge area and the first insert being receivable within the grow channel so as to abut the second insert to form an abutting pair of edges therebetween (Annotated Figs. 10-11 below and Paragraphs [045-047], where there are first and second malleable material inserts 8 and where the first and second malleable material inserts 8 at least have an abutting pair of edges at sections “A” and also before the spacing component 9 is placed between the inserts 8; Annotated Fig. 1 below and Paragraphs [045-047], where the means of connection 7 must be tight enough to clamp and retain the inserts 8 and plants 6 and where the vertical space “B” at the edges between plants 6 must be abutting due to the applied clamping force from means of connection 7 to securely retain the plants 6), a material wrap at least partially encapsulating each of the first and second malleable material inserts (Paragraphs [050] and [58] and Claim 7, where there is at least a material wrap (waterproof film) at least partially encapsulating each of the first and second malleable material inserts 8); and a spacing component receivable between the abutting pair of inserts, wherein the spacing component and the abutting edge areas cooperatively form at least one opening extending about the spacing component (Figs. 8 and 10-11, Abstract, and Translated Specification Paragraph [049], where there is at least a spacing component 9 receivable between the abutting pair of inserts 8, where the spacing component 9 and the abutting edge areas (see sections “A” of annotated Figs. 10-11 below) cooperatively at least form (after the spacing component 9 is placed between the inserts 8) at least one opening (where plants 6 are placed) extending about the spacing component 9), the at least one opening and the spacing component forming a partial separation of the first and second inserts (Annotated Fig. 1 and Annotated Figs. 10-11 below and Paragraphs [045-047], where the at least one opening (holding plants 6) and the spacing component 9 forms a partial separation of the first and second inserts 8), the source of moisture or nutrients being communicable to the at least one opening (Figs. 8 and 10-11, Abstract, and Translated Specification Paragraph [049], where the source of moisture or nutrients 14 is communicable to the at least one opening (where plants 6 are placed)). Аминов is silent on at least one plug or plant receivable between the abutting pair of inserts at a first side of the spacing component such that roots of the at least one plug or plant are spaced apart from the spacing component, allowing for root growth toward and about the spacing component. JP3991163 discloses at least one plug or plant receivable between the abutting pair of inserts at a first side of the spacing component such that roots of the at least one plug or plant are spaced apart from the spacing component, allowing for root growth toward and about the spacing component (Figs. 1-3 and 5 and Translated Specification Page 8 lines 29-38, where at least one plug or plant “A” is receivable between the abutting pair of inserts 20 and 10 at a first side of the spacing component 16 such that roots of the at least one plug or plant “A” are spaced apart from the spacing component 16, thereby at least allowing for root growth toward and about the spacing component 16). Аминов and JP3991163are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов such that at least one plug or plant receivable between the abutting pair of inserts at a first side of the spacing component such that roots of the at least one plug or plant are spaced apart from the spacing component, allowing for root growth toward and about the spacing component in view of JP3991163. The motivation would have been to prevent overwatering due to direct contact of the plant stem or tap root with the spacing component, which is also guiding water to the plant. Spacing both apart allows for relatively more gradual watering, due to time and distance the water needs to permeate across, reducing the risk of excessive water absorption by the plant. This is additionally aided by the fact that only ends of the root mass come into direct contact with the water (see JP3991163, Fig. 1).
In regard to claim 2, Аминов as modified by JP3991163 discloses the vertical farm system of claim 1, further comprising a source of light or access to a source of light (Аминов, Figs. 8 and 10-11, Abstract, and Translated Specification Paragraphs [047] and [056], where there is a source of light 19).
In regard to claim 5, Аминов as modified by JP3991163 discloses the vertical farm system of claim 1, wherein the wrap is water impermeable (Аминов, Paragraphs [050] and [58] and Claim 7, where the wrap (waterproof film) is water impermeable).
In regard to claim 7, Аминов as modified by JP3991163 discloses the vertical farm system of claim 1, wherein the roots of the at least one plug or plant communicate with at least one opening (Аминов, Figs. 10-11, where at least the roots of the plants 6 communicate with at least one opening (where roots of the plants 6 are placed)).
In regard to claim 13, Аминов as modified by JP3991163 discloses the vertical farm system of claim 1, wherein the at least one opening forms at least a portion of a channel (Аминов, Figs. 10-11, where the at least one opening (where plants 6 are placed) forms at least a portion of a channel (for passage of the moisture or nutrients to the plant 6)).
In regard to claim 14, Аминов discloses an irrigation system usable with a vertical planting system, the vertical planting system including at least one rack having a grow channel, a source of moisture or nutrients, and a source of light or access to a source of light (Figs. 8 and 10-11, Abstract, and Translated Specification Paragraphs [047] and [056], where there an irrigation system usable with a vertical planting system that includes at least one rack 1 having a grow channel (plants 6 are grown between inserts 8), a source of moisture or nutrients 14, and a source of light 19), the irrigation system comprising: a plurality of malleable material inserts, each of the malleable material inserts having at least one edge area, the plurality of malleable material inserts each being receivable within the grow channel, wherein a first one of the plurality of inserts abuts at a first one of the least one edge area with a first one of the at least one edge area of an adjacent second one of the plurality of inserts (Annotated Figs. 10-11 below and Paragraphs [045-047], where there is a plurality of malleable inserts 8 and where the plurality of malleable inserts 8 at least have an abutting pair of edges at sections “A” and also before the spacing component 9 is placed between the inserts 8; Annotated Fig. 1 below and Paragraphs [045-047], where the means of connection 7 must be tight enough to clamp and retain the inserts 8 and plants 6 and where the vertical space “B” at the edges between plants 6 must be abutting due to the applied clamping force from means of connection 7 to securely retain the plants 6), a material wrap at least partially encapsulating each of the plurality of malleable material inserts (Paragraphs [050] and [58] and Claim 7, where there is at least a material wrap (waterproof film) at least partially encapsulating each of the plurality of malleable inserts 8); and a spacing component receivable between the first one of the plurality of inserts and the second one of the plurality of inserts between the abutting edge areas, wherein the spacing component and the abutting edge areas form at least one opening extending about the spacing component (Figs. 8 and 10-11, Abstract, and Translated Specification Paragraph [049], where there is at least a spacing component 9 receivable between the first one of the plurality of inserts 8 and the second one of the plurality of inserts 8 between the abutting edge areas, where the spacing component 9 and the abutting edge areas (see sections “A” of annotated Figs. 10-11 below) form (after the spacing component 9 is placed between the inserts 8) at least one opening (where plants 6 are placed) extending about the spacing component 9); the at least one opening and the spacing component forming a partial separation of the first one of the plurality of inserts and the second one of the plurality of inserts (Annotated Fig. 1 and Annotated Figs. 10-11 below and Paragraphs [045-047], where the at least one opening (holding plants 6) and the spacing component 9 forms a partial separation of the plurality of inserts 8); wherein the source of moisture or nutrients is communicable via the at least one opening with at least a portion of a plant received within the vertical planting system at a first side of the spacing component (Figs. 8 and 10-11, Abstract, and Translated Specification Paragraph [049], where the source of moisture or nutrients 14 is communicable to the at least one opening (where plants 6 are placed) with at least a portion of a plant 6 received within the vertical planting system at a first side of the spacing component 9). Аминов is silent on roots of the plant are spaced apart from the spacing component, allowing for root growth toward and about the spacing component. JP3991163 discloses roots of the plant are spaced apart from the spacing component, allowing for root growth toward and about the spacing component (Figs. 1-3 and 5 and Translated Specification Page 8 lines 29-38, where roots of the plant “A” are spaced apart from the spacing component 16, thereby at least allowing for root growth toward and about the spacing component 16). Аминов and JP3991163are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов such that roots of the plant are spaced apart from the spacing component, allowing for root growth toward and about the spacing component in view of JP3991163. The motivation would have been to prevent overwatering due to direct contact of the plant stem or tap root with the spacing component, which is also guiding water to the plant. Spacing both apart allows for relatively more gradual watering, due to time and distance the water needs to permeate across, reducing the risk of excessive water absorption by the plant. This is additionally aided by the fact that only ends of the root mass come into direct contact with the water (see JP3991163, Fig. 1).
In regard to claim 18, Аминов as modified by JP3991163 discloses the irrigation system of claim 14, wherein the material wrap is water impermeable (Аминов, Paragraphs [050] and [58] and Claim 7, where the wrap (waterproof film) is water impermeable).
In regard to claim 20, Аминов as modified by JP3991163 discloses the irrigation system of claim 14, wherein the at least one opening is configured to communicate with the roots of the plant (Аминов, Figs. 10-11, where at least the roots of the plants 6 communicate with at least one opening (where roots of the plants 6 are placed)).
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Claims 3 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Аминов (RU 200449) in view of JP 3991163 as applied to claims 1 and 14, respectively, and further in view of Rochefort (U.S. Pub. 20120000128).
In regard to claim 3, Аминов as modified by JP3991163 discloses the vertical farm system of claim 1. Аминов as modified by JP3991163 is silent on a source of airflow. Rochefort discloses a source of airflow (Paragraph [0069], where there is at least a source of airflow (“ventilate with a fan (not illustrated) the interior of the hydroponic growing unit 10”)). Аминов and Rochefort are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by JP3991163 such that there is a source of airflow in view of Rochefort. The motivation would have been to provide the growing area with relatively better ventilation, thereby promoting plant growth.
In regard to claim 16, Аминов as modified by JP3991163 discloses the irrigation system of claim 14. Аминов as modified by JP3991163 is silent on the vertical planting system further comprises a source of airflow. Rochefort discloses a source of airflow (Paragraph [0069], where there is at least a source of airflow (“ventilate with a fan (not illustrated) the interior of the hydroponic growing unit 10”)). Аминов and Rochefort are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by JP3991163 such that the vertical planting system further comprises a source of airflow in view of Rochefort. The motivation would have been to provide the growing area with relatively better ventilation, thereby promoting plant growth.
Claims 8-9 and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Аминов (RU 200449) in view of JP 3991163 as applied to claim 1, and further in view of Liu et al. (U.S. Pub. 20150289461).
In regard to claim 8, Аминов as modified by JP3991163 discloses the vertical farm system of claim 1. Аминов as modified by JP3991163 is silent on the spacing component comprises a rod. Liu et al. discloses the spacing component comprises a rod (Fig. 1 and Paragraph [0014], where there is at least a spacing component 3 (which at least separates growing medium where the plant is placed) shaped as a rod). Аминов and Liu et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by JP3991163 such that the spacing component comprises a rod in view of Liu et al. The motivation would have been to use a rod shaped spacing component, which is relatively wider than the rectangular prism shaped spacing component of Аминов as modified by JP3991163, to open a larger gap between the inserts and allow for easier insertion of plants.
Additionally, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by JP3991163 to have the spacing component comprise a rod, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the spacing component of Аминов as modified by JP3991163. Similarly, the motivation would have been to use a rod shaped spacing component, which is relatively wider than the rectangular prism shaped spacing component of Аминов as modified by JP3991163, to open a larger gap between the inserts and allow for easier insertion of plants.
In regard to claim 9, Аминов as modified by JP3991163 and Liu et al. discloses the vertical farm system of claim 8, wherein the rod comprises an impermeable material (Liu et al., Fig. 1 and Paragraph [0014], where the rod 3 is made of plastic (“nylon plastic”) which is at least an impermeable material).
In regard to claim 33, Аминов as modified by JP3991163 discloses the vertical farm system of claim 14. Аминов as modified by JP3991163 is silent on the spacing component comprises a rod. Liu et al. discloses the spacing component comprises a rod (Fig. 1 and Paragraph [0014], where there is at least a spacing component 3 (which at least separates growing medium where the plant is placed) shaped as a rod). Аминов and Liu et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by JP3991163 such that the spacing component comprises a rod in view of Liu et al. The motivation would have been to use a rod shaped spacing component, which is relatively wider than the rectangular prism shaped spacing component of Аминов as modified by JP3991163, to open a larger gap between the inserts and allow for easier insertion of plants.
Additionally, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by JP3991163 to have the spacing component comprise a rod, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the spacing component of Аминов as modified by JP3991163. Similarly, the motivation would have been to use a rod shaped spacing component, which is relatively wider than the rectangular prism shaped spacing component of Аминов as modified by JP3991163, to open a larger gap between the inserts and allow for easier insertion of plants.
In regard to claim 34, Аминов as modified by JP3991163 and Liu et al. discloses the vertical farm system of claim 33, wherein the rod comprises an impermeable material (Liu et al., Fig. 1 and Paragraph [0014], where the rod 3 is made of plastic (“nylon plastic”) which is at least an impermeable material).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Аминов (RU 200449) in view of JP 3991163 as applied to claim 1, and further in view of Nagase et al. (WO 2019156151).
In regard to claim 11, Аминов as modified by JP3991163 discloses the vertical farm system of claim 1, the spacing component is a spacing component (Аминов, Figs. 8 and 10-11, where there is at least a spacing component 9). Аминов as modified by JP3991163 is silent on a funnel attached to the rod for guiding the moisture and nutrients towards the at least one opening extending about the spacing component. Nagase et al. discloses a funnel attached to the spacing component for guiding the moisture and nutrients towards the at least one opening extending about the spacing component (Fig. 10 and Abstract, where there is a funnel 108 attached to the spacing component 121 for guiding the moisture and nutrients towards the at least one opening extending about the spacing component (where plant 106 is inserted)). Аминов and Nagase et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by JP3991163 such that a funnel attached to the rod for guiding the moisture and nutrients towards the at least one opening extending about the spacing component in view of Nagase et al. The motivation would have been to have a structure which allows for the nutrients and moisture to be directly applied to the spacing component, thereby better facilitating the movement of the nutrients and water down the length of the apparatus.
In regard to claim 12, Аминов as modified by JP3991163 and Nagase et al. discloses the vertical farm system of claim 11, wherein the funnel comprises one or more notches for creating the at least one opening (Nagase et al., Fig. 10 and Abstract, where the funnel 108 at least comprises one or more notches 108b for creating the at least one opening (opening which communicates the moisture and nutrients to the plant 106)).
Claims 21-22, 25, 27-28, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Аминов (RU 200449) in view of Liu et al. (U.S. Pub. 20150289461) and JP 3991163.
In regard to claim 21, Аминов discloses a vertical farm system, comprising: at least one rack having a grow channel (Figs. 10-11, Abstract, and Translated Specification Paragraph [047], where there is at least one rack 1 having a grow channel (plants 6 are grown between inserts 8)); a source of moisture or nutrients, wherein the moisture or nutrients are communicably deliverable to the at least one rack (Figs. 8 and 10-11, where there is a source of moisture or nutrients 14 and where the moisture or nutrients are communicably deliverable to the at least one rack 1); at least one malleable material insert receivable in the grow channel, the malleable material insert having a slot, the insert being receivable within the grow channel so as to have first and second edges of the slot forming an abutting pair of edges therebetween (Annotated Figs. 10-11 below and Paragraphs [045-047], where there is at least one malleable material insert (when elements 8 are joined together) and where the at least one malleable material insert (when elements 8 are joined together) comprises a slot (where plant 6 is placed) at least have an abutting pair of edges at sections “A” and also before the spacing component 9 is placed between the elements 8; Annotated Fig. 1 below and Paragraphs [045-047], where the means of connection 7 must be tight enough to clamp and retain the insert 8 and plants 6 and where the vertical space “B” at the edges between plants 6 must be abutting due to the applied clamping force from means of connection 7 to securely retain the plants 6), a material wrap at least partially encapsulating the at least one malleable material insert (Paragraphs [050] and [58] and Claim 7, where there is at least a material wrap (waterproof film) at least partially encapsulating the at least one malleable material insert (elements 8)); and a spacing component receivable between the abutting pair of edges of the insert, wherein the spacing component and the abutting edges cooperatively form at least one opening extending about the spacing component, the source of moisture or nutrients being communicable to the at least one opening (Figs. 8 and 10-11, Abstract, and Translated Specification Paragraph [049], where there is at least a spacing component 9 receivable between the abutting pair of edges of elements 8, where the spacing component 9 and the abutting edges (see sections “A” of annotated Figs. 10-11 below) cooperatively at least form (after the spacing component 9 is placed between the elements 8) at least one opening (where plants 6 are placed) extending about the spacing component 9, and where the source of moisture or nutrients 14 is communicable to the at least one opening (where plants 6 are placed)), the at least one opening and spacing component forming a partial separation of the pair of edges of the insert after receiving the spacing component (Annotated Fig. 1 and Annotated Figs. 10-11 below and Paragraphs [045-047], where the at least one opening (holding plants 6) and the spacing component 9 forms a partial separation of the pair of edges of the elements 8 such that the pair of edges at sections “A” of the elements 8 are partially abutting after receiving the spacing component 9, since the vertical space “B” at the edges between plants 6 must be abutting due to the applied clamping force from means of connection 7 to securely retain the plants 6). Аминов is silent on the spacing component is a rod component. Liu et al. discloses the spacing component comprises a rod component (Fig. 1 and Paragraph [0014], where there is at least a spacing component 3 (which at least separates growing medium where the plant is placed) shaped as a rod). Аминов and Liu et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов such that the spacing component comprises a rod component in view of Liu et al. The motivation would have been to use a rod shaped spacing component, which is relatively wider than the rectangular prism shaped spacing component of Аминов, to open a larger gap between the inserts and allow for easier insertion of plants.
Additionally, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов to have the spacing component comprise a rod component, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the spacing component of Аминов. Similarly, the motivation would have been to use a rod shaped spacing component, which is relatively wider than the rectangular prism shaped spacing component of Аминов, to open a larger gap between the inserts and allow for easier insertion of plants.
Аминов as modified by Liu et al. is silent on at least one plug or plant receivable between the abutting pair of edges of the insert at a first side of the rod component such that roots of the at least one plug or plant are spaced apart from the rod component, allowing for root growth toward and about the rod component. JP3991163 discloses at least one plug or plant receivable between the abutting pair inserts at a first side of the rod component such that roots of the at least one plug or plant are spaced apart from the rod component, allowing for root growth toward and about the rod component (Figs. 1-3 and 5 and Translated Specification Page 8 lines 29-38, where at least one plug or plant “A” is receivable between the abutting pair of inserts 20 and 10 at a first side of the rod component 16 such that roots of the at least one plug or plant “A” are spaced apart from the rod component 16, thereby at least allowing for root growth toward and about the rod component 16). Аминов and JP3991163are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by Liu et al. such that at least one plug or plant receivable between the abutting pair of edges of the insert at a first side of the rod component such that roots of the at least one plug or plant are spaced apart from the rod component, allowing for root growth toward and about the rod component in view of JP3991163. The motivation would have been to prevent overwatering due to direct contact of the plant stem or tap root with the spacing component, which is also guiding water to the plant. Spacing both apart allows for relatively more gradual watering, due to time and distance the water needs to permeate across, reducing the risk of excessive water absorption by the plant. This is additionally aided by the fact that only ends of the root mass come into direct contact with the water (see JP3991163, Fig. 1).
In regard to claim 22, Аминов as modified by Liu et al. and JP3991163 discloses the vertical farm system of claim 21, further comprising a source of light or access to a source of light (Аминов, Figs. 8 and 10-11, Abstract, and Translated Specification Paragraphs [047] and [056], where there is a source of light 19).
In regard to claim 25, Аминов as modified by Liu et al. and JP3991163 discloses the vertical farm system of claim 21, wherein the wrap is water impermeable (Аминов, Paragraphs [050] and [58] and Claim 7, where the wrap (waterproof film) is water impermeable).
In regard to claim 27, Аминов as modified by Liu et al. and JP3991163 discloses the vertical farm system of claim 21, wherein the roots of the at least one plug or plant communicate with at least one opening (Аминов, Figs. 10-11, where at least the roots of the plants 6 communicate with at least one opening (where roots of the plants 6 are placed)).
In regard to claim 28, Аминов as modified by Liu et al. and JP3991163 discloses the vertical farm system of claim 21, wherein the rod component comprises an impermeable material (Liu et al., Fig. 1 and Paragraph [0014], where the rod 3 is made of plastic (“nylon plastic”) which is at least an impermeable material).
In regard to claim 32, Аминов as modified by Liu et al. and JP3991163 discloses the vertical farm system of claim 21, wherein the at least one opening forms at least a portion of a channel (Аминов, Figs. 10-11, where the at least one opening (where plants 6 are placed) forms at least a portion of a channel (for passage of the moisture or nutrients to the plant 6)).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Аминов (RU 200449) in view of Liu et al. (U.S. Pub. 20150289461) and JP 3991163 as applied to claim 21, and further in view of Rochefort (U.S. Pub. 20120000128).
In regard to claim 23, Аминов as modified by Liu et al. and JP3991163 discloses the vertical farm system of claim 21. Аминов as modified by Liu et al. and JP3991163 discloses is silent on a source of airflow. Rochefort discloses a source of airflow (Paragraph [0069], where there is at least a source of airflow (“ventilate with a fan (not illustrated) the interior of the hydroponic growing unit 10”)). Аминов and Rochefort are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by Liu et al. and JP3991163 such that there is a source of airflow in view of Rochefort. The motivation would have been to provide the growing area with relatively better ventilation, thereby promoting plant growth.
Claims 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Аминов (RU 200449) in view of Liu et al. (U.S. Pub. 20150289461) and JP 3991163 as applied to claim 21, and further in view of Nagase et al. (WO 2019156151).
In regard to claim 30, Аминов as modified by Liu et al. and JP3991163 discloses the vertical farm system of claim 21, the spacing component is a rod component (Liu et al., Fig. 1 and Paragraph [0014], where there is at least a spacing component 3 (which at least separates growing medium where the plant is placed) shaped as a rod). Аминов as modified by Liu et al. and JP3991163 is silent on a funnel attached to the rod for guiding the moisture and nutrients towards the at least one opening extending about the spacing component. Nagase et al. discloses a funnel attached to the spacing component for guiding the moisture and nutrients towards the at least one opening extending about the spacing component (Fig. 10 and Abstract, where there is a funnel 108 attached to the spacing component 121 for guiding the moisture and nutrients towards the at least one opening extending about the spacing component (where plant 106 is inserted)). Аминов and Nagase et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by Liu et al. and JP3991163 such that a funnel attached to the rod for guiding the moisture and nutrients towards the at least one opening extending about the spacing component in view of Nagase et al. The motivation would have been to have a structure which allows for the nutrients and moisture to be directly applied to the spacing component, thereby better facilitating the movement of the nutrients and water down the length of the apparatus.
In regard to claim 31, Аминов as modified by Liu et al., JP3991163 and Nagase et al. discloses the vertical farm system of claim 30, wherein the funnel comprises one or more notches for creating the at least one opening (Nagase et al., Fig. 10 and Abstract, where the funnel 108 at least comprises one or more notches 108b for creating the at least one opening (opening which communicates the moisture and nutrients to the plant 106)).
Claims 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over Аминов (RU 200449) in view of JP 3991163 and Liu et al. (U.S. Pub. 20150289461) as applied to claim 33, and further in view of Nagase et al. (WO 2019156151).
In regard to claim 35, Аминов as modified by JP3991163 and Liu et al. discloses the vertical farm system of claim 33, the spacing component is a rod (Liu et al., Fig. 1 and Paragraph [0014], where there is at least a spacing component 3 (which at least separates growing medium where the plant is placed) shaped as a rod). Аминов as modified by JP3991163 and Liu et al. is silent on a funnel attached to the rod for guiding the moisture and nutrients towards the at least one opening. Nagase et al. discloses a funnel attached to the spacing component for guiding the moisture and nutrients towards the at least one opening (Fig. 10 and Abstract, where there is a funnel 108 attached to the spacing component 121 for guiding the moisture and nutrients towards the at least one opening (where plant 106 is inserted)). Аминов and Nagase et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Аминов as modified by JP3991163 and Liu et al. such that a funnel attached to the rod for guiding the moisture and nutrients towards the at least one opening in view of Nagase et al. The motivation would have been to have a structure which allows for the nutrients and moisture to be directly applied to the spacing component, thereby better facilitating the movement of the nutrients and water down the length of the apparatus.
In regard to claim 36, Аминов as modified by JP3991163, Liu et al. and Nagase et al. discloses the vertical farm system of claim 35, wherein the funnel comprises one or more notches for creating the at least one opening (Nagase et al., Fig. 10 and Abstract, where the funnel 108 at least comprises one or more notches 108b for creating the at least one opening (opening which communicates the moisture and nutrients to the plant 106)).
Response to Arguments
Applicant’s arguments (filed 01/21/2026) with respect to the claims 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.
In order to teach the new amendments of the independent claims, JP 3991163 was used to modify the references in the rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particularly the references were cited because they pertain to the state of the art of agricultural devices.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647