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 1-20 are pending and have been examined in this application.
Information disclosure statements (IDS) have been filed on 07/03/2023 and 08/17/2023 and reviewed by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 08/17/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 16-18 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Katsuhiro (JP 2017046651).
In regard to claim 1, Katsuhiro discloses a plant cultivation apparatus, comprising: a cabinet; a bed provided inside of the cabinet and on which a cultivation portion in which at least a portion of a plant is embedded is seated (Figs. 1-10 and Translated Specification Page 9 lines 3-42, where there is a bed provided inside of the cabinet (“a closed or semi-closed cultivation space in which the internal environment such as temperature and carbon dioxide concentration is controlled”) and on which a cultivation portion 92 is seated); and a light emitting portion provided in the cabinet to irradiate light toward the cultivation portion, wherein the light emitting portion includes: a light emitting body that irradiates light toward the at least one cultivation portion (Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, where there is a light emitting portion 91 provided in the cabinet to irradiate light toward the cultivation portion 92 and where the light emitting portion 91 includes a light emitting body 21a/22a/23a that irradiates light toward the cultivation portion 92); and a lens portion disposed between the light emitting body and the cultivation portion so that the light provided from the light emitting body is transmitted and provided to the cultivation portion (Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, where there is a lens portion 21b/22b/23b disposed between the light emitting body 21a/22a/23a and the cultivation portion 92 so that the light provided from the light emitting body 21a/22a/23a is transmitted and provided to the cultivation portion 92), wherein the lens portion includes: a first lens through which the light of the light emitting body is transmitted with a first radiation angle; and a second lens through which the light of the light emitting body is transmitted with a second radiation angle which is smaller than the first radiation angle (Figs. 1-10 and Translated Specification Page 6 lines 4-46, where the lens includes a first lens 21b through which the light of the light emitting body 21a/22a/23a is transmitted with a first radiation angle θ1 and a second lens 22b through which the light of the light emitting body 21a/22a/23a is transmitted with a second radiation angle θ2 which is smaller than (“the emission angles θ1, θ2, and θ3 may be different from each other”, therefore one must be relatively smaller than the other) the first radiation angle θ1), and wherein the light emitting portion is configured to selectively transmit the light emitted from the light emitting body through the first lens or the second lens to provide light having the first radiation angle or the second radiation angle toward the cultivation portion (Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, where the light emitting portion 91 is configured to selectively (at least on and off) transmit the light emitted from the light emitting body 21a/22a/23a through the first lens 21b or the second lens 22b to provide light having the first radiation angle θ1 or the second radiation θ2 angle toward the cultivation portion 92).
In regard to claim 2, Katsuhiro discloses the plant cultivation apparatus of claim 1, wherein the light emitting body includes: a first light emitting body disposed to face the first lens and configured to irradiate light to the first lens; and a second light emitting body disposed to face the second lens and configured to irradiate light to the second lens (Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, where the light emitting body includes a first light emitting body 21a disposed to face the first lens 21b and configured to irradiate light to the first lens 21b and a second light emitting body 22a disposed to face the second lens 22b and configured to irradiate light to the second lens 22b), and wherein when light is emitted from the first light emitting body, the light is configured to pass through the first lens to be irradiated toward the cultivation portion at the first radiation angle, and when light is emitted from the second light emitting body, the light is configured to pass through the second lens to be irradiated toward the cultivation portion at the second radiation angle (Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, where when light is emitted from the first light emitting body 21a, the light is configured to pass through the first lens 21b to be irradiated toward the cultivation portion 92 at the first radiation angle θ1, and when light is emitted from the second light emitting body 22a, the light is configured to pass through the second lens 22b to be irradiated toward the cultivation portion 92 at the second radiation angle θ2).
In regard to claim 3, Katsuhiro discloses the plant cultivation apparatus of claim 2, further comprising: a controller configured to adjust an optical density of light provided to the cultivation portion by controlling the light emitting portion so that light is irradiated to the cultivation portion through the first lens or the second lens (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, where there is at least a controller configured to adjust an optical density of light (“controlling the light emission time and the stop time of the LED” or “the lighting device 1 and the cultivation container 60 are moved up and down by a control device”) provided to the at least one cultivation portion 60 by controlling the at least one light emitting portion 1 so that light is irradiated to the at least one cultivation portion 60 through the at least one of the first lens or the second lens 21b/22b).
In regard to claim 4, Katsuhiro discloses the plant cultivation apparatus of claim 1, wherein the light emitting portion includes: a light emitting fixing portion provided inside of the cabinet and configured to fix the light emitting body in the cabinet; and a lens coupling portion coupled to the light emitting fixing portion, disposed between the cultivation portion and the light emitting body, and provided with the first lens and the second lens (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, where there is a light emitting fixing portion 12 provided inside of the cabinet and configured to fix the light emitting body 21a/22a/23a in the cabinet and where a lens coupling portion (from which the lens 21b/22b/23b extends or from which lens 24 extends in Fig. 10) coupled to the light emitting fixing portion 12, disposed between the at least one cultivation portion 60 and the at least one light emitting body 21a/22a/23a, and provided with the first lens and the second lens 21b/22b).
In regard to claim 16, Katsuhiro discloses a plant cultivation apparatus, comprising: a cabinet; a bed provided inside of the cabinet and on which a cultivation area in a portion of a plant is embedded is seated (Figs. 1-10 and Translated Specification Page 9 lines 3-42, where there is a bed provided inside of the cabinet (“a closed or semi-closed cultivation space in which the internal environment such as temperature and carbon dioxide concentration is controlled”) and on which a cultivation area 92 is seated); and a light emitting portion provided in the cabinet to irradiate light toward the cultivation area, wherein the light emitting portion includes: a plurality of light emitting bodies that irradiate light toward the cultivation area (Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, where there is a light emitting portion 91 provided in the cabinet to irradiate light toward the cultivation area 92 and where the light emitting portion 91 includes a plurality of light emitting body 21a/22a/23a that irradiates light toward the cultivation area 92); a plurality of lenses disposed between the plurality of light emitting bodies and the cultivation area so that the light provided from the plurality of light emitting bodies is transmitted and provided to the cultivation area (Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, where there plurality of lenses 21b/22b/23b disposed between the plurality of light emitting bodies 21a/22a/23a and the cultivation area 92 so that the light provided from the plurality of light emitting bodies 21a/22a/23a is transmitted and provided to the cultivation area 92), wherein the plurality of lenses include: a first lens through which light of a first light emitting body of the plurality of light emitting bodies is selectively transmitted with a first radiation angle; and a second lens through which light of a second light emitting body of the plurality of light emitting bodies is selectively transmitted with a second radiation angle, which is smaller than the first radiation angle (Figs. 1-10 and Translated Specification Page 6 lines 4-46, where the plurality of lenses include a first lens 21b through which light of a first light emitting body 21a of the plurality of light emitting bodies is selectively transmitted with a first radiation angle θ1 and a second lens 22b through which light of a second light emitting body 22a of the plurality of light emitting bodies is selectively transmitted with a second radiation angle θ2 which is smaller than (“the emission angles θ1, θ2, and θ3 may be different from each other”, therefore one must be relatively smaller than the other) the first radiation angle θ1); and a controller configured to selectively operate the first light emitting body or the second light emitting body such that light is transmitted through the first lens or the second lens to provide the light having the first radiation angle or the second radiation angle toward the cultivation area, respectively (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, where there is a controller configured to selectively (at least on and off) operate the first light emitting body 21a or the second light emitting body 22a such that light is transmitted through the first lens 21b or the second lens 22b to provide the light having the first radiation angle θ1 or the second radiation angle θ2 toward the cultivation area 92, respectively).
In regard to claim 17, Katsuhiro discloses the plant cultivation apparatus of claim 16, wherein the first light emitting body is disposed to face the first lens and configured to irradiate light to the first lens, and wherein the second light emitting body disposed to face the second lens and configured to irradiate light to the second lens (Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, where the first light emitting body 21a is disposed to face the first lens 21b and configured to irradiate light to the first lens 21b and the second light emitting body 22a is disposed to face the second lens 22b and configured to irradiate light to the second lens 22b).
In regard to claim 18, Katsuhiro discloses the plant cultivation apparatus of claim 17, wherein the controller is configured to adjust an optical density of light provided to the cultivation area by controlling the light emitting portion so that light is irradiated to the cultivation area through the one of the first lens or the second lens (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, where there is at least a controller configured to adjust an optical density of light (“controlling the light emission time and the stop time of the LED” or “the lighting device 1 and the cultivation container 60 are moved up and down by a control device”) provided to the at least one cultivation area 60 by controlling the at least one light emitting portion 1 so that light is irradiated to the at least one cultivation area 60 through the at least one of the first lens or the second lens 21b/22b).
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 13-14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Katsuhiro (JP 2017046651).
In regard to claim 13, Katsuhiro discloses the plant cultivation apparatus of claim 1, wherein the cultivation portion comprises a plurality of cultivation portions, wherein the light emitting portion comprises a plurality of light emitting portions disposed to face the plurality of cultivation portions (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, where the at least one cultivation portion 60 comprises a plurality of cultivation portions 60 and where the at least one light emitting portion 1 comprises a plurality of light emitting portions 1 disposed to face the plurality of cultivation portions 60), respectively, wherein the plant cultivation apparatus further comprises a controller provided in the cabinet and configured to control the plurality of light emitting portions, and wherein the controller controls the plurality of light emitting portions so that the plurality of light emitting portions provide light through the first lens in a basic mode (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, where there is a controller provided in the cabinet and configured to control the plurality of light emitting portions (“controlling the light emission time and the stop time of the LED” or “the lighting device 1 and the cultivation container 60 are moved up and down by a control device”) and where the controller controls the plurality of light emitting portions so that the plurality of light emitting portions at least provide light through the first lens in a basic mode), where the light emitting portion and lens structures are arranged in various configurations which allow for a single lens on a single light emitting portion of the plurality of light emitting portions (Figs. 1-10, Claim 1, and Translated Specification Page 6 lines 4-46 and Page 11 line 4 – Page 12 line 29, where “the emission angles θ1, θ2, and θ3 may be different from each other” and where various changes to the lens and light emitting portion configurations are considered obvious modifications of the invention), and where each light emitting portion corresponds to a different cultivation portion which allows for individual control of each light emitting portion (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 46, Page 8 line 21 – Page 9 line 44, and Page 11 line 4 – Page 12 line 29, where “One or a plurality of optical elements that are installed in the main body and that control each of the light emitted from the plurality of LEDs”). Katsuhiro is silent on controls the plurality of light emitting portions so that some of the plurality of light emitting portions provide light through the first lens, and the rest of the plurality of light emitting portions provide light through the second lens in a concentration mode. 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 control the plurality of light emitting portions so that some of the plurality of light emitting portions provide light through the first lens, and the rest of the plurality of light emitting portions provide light through the second lens in a concentration mode, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose that Katsuhiro does not address and it appears that the invention would perform equally as well with the plurality of light emitting portions, the first lens, and the second lens of Katsuhiro. The motivation would have been to choose a specific lighting protocol for a specific cultivation portion, as desired by the user. This would allow the device to be relatively more customizable.
In regard to claim 14, Katsuhiro discloses the plant cultivation apparatus of claim 13, wherein the controller controls the plurality of light emitting portions so that the plurality of light emitting portions provide light through the second lens in an adjustment mode, in which an amount of light of the plurality of light emitting portions is respectively adjusted (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 46, Page 8 line 21 – Page 9 line 44, and Page 11 line 4 – Page 12 line 29, where the controller controls the plurality of light emitting portions 1 so that the plurality of light emitting portions 1 provide light through the second lens in an adjustment mode (“One or a plurality of optical elements that are installed in the main body and that control each of the light emitted from the plurality of LEDs”, which allows for individual control of each light emitting portion), in which an amount of light of the plurality of light emitting portions is respectively adjusted by the controller).
In regard to claim 19, Katsuhiro discloses the plant cultivation apparatus of claim 16, wherein the cultivation area comprises a plurality of cultivation areas, wherein the light emitting portion comprises a plurality of light emitting portions disposed to face the plurality of cultivation areas (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, where the at least one cultivation areas 60 comprises a plurality of cultivation areas 60 and where the at least one light emitting portion 1 comprises a plurality of light emitting portions 1 disposed to face the plurality of cultivation areas 60), respectively, and wherein the controller is configured to control the plurality of light emitting portions so that the plurality of light emitting portions provide light through the first lens in a basic mode (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, where the controller controls the plurality of light emitting portions (“controlling the light emission time and the stop time of the LED” or “the lighting device 1 and the cultivation container 60 are moved up and down by a control device”) so that the plurality of light emitting portions at least provide light through the first lens in a basic mode), where the light emitting portion and lens structures are arranged in various configurations which allow for a single lens on a single light emitting portion of the plurality of light emitting portions (Figs. 1-10, Claim 1, and Translated Specification Page 6 lines 4-46 and Page 11 line 4 – Page 12 line 29, where “the emission angles θ1, θ2, and θ3 may be different from each other” and where various changes to the lens and light emitting portion configurations are considered obvious modifications of the invention), and where each light emitting portion corresponds to a different cultivation portion which allows for individual control of each light emitting portion (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 46, Page 8 line 21 – Page 9 line 44, and Page 11 line 4 – Page 12 line 29, where “One or a plurality of optical elements that are installed in the main body and that control each of the light emitted from the plurality of LEDs”). Katsuhiro is silent on control the plurality of light emitting portions so that some of the plurality of light emitting portions provide light through the first lens, and the rest of the plurality of light emitting portions provide light through the second lens in a concentration mode. 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 control the plurality of light emitting portions so that some of the plurality of light emitting portions provide light through the first lens, and the rest of the plurality of light emitting portions provide light through the second lens in a concentration mode, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose that Katsuhiro does not address and it appears that the invention would perform equally as well with the plurality of light emitting portions, the first lens, and the second lens of Katsuhiro. The motivation would have been to choose a specific lighting protocol for a specific cultivation portion, as desired by the user. This would allow the device to be relatively more customizable.
In regard to claim 20, Katsuhiro discloses the plant cultivation apparatus of claim 19, wherein the controller is configured to control the plurality of light emitting portions so that the plurality of light emitting portions provide light through the second lens in an adjustment mode, in which an amount of light of the plurality of light emitting portions is respectively adjusted (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 46, Page 8 line 21 – Page 9 line 44, and Page 11 line 4 – Page 12 line 29, where the controller controls the plurality of light emitting portions 1 so that the plurality of light emitting portions 1 provide light through the second lens in an adjustment mode (“One or a plurality of optical elements that are installed in the main body and that control each of the light emitted from the plurality of LEDs”, which allows for individual control of each light emitting portion), in which an amount of light of the plurality of light emitting portions is respectively adjusted by the controller).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Katsuhiro (JP 2017046651) in view of Lepp et al. (U.S. Pub. 20160316646).
In regard to claim 15, Katsuhiro discloses the plant cultivation apparatus of claim 13, wherein the cultivation portion includes a first cultivation portion, and a second cultivation portion spaced apart from the first cultivation portion (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 46, Page 8 line 21 – Page 9 line 44, and Page 11 line 4 – Page 12 line 29, where the at least one cultivation portion includes a first cultivation portion 60, and a second cultivation portion 60 spaced apart from the first cultivation portion 60 (see Fig. 9)), wherein the plurality of light emitting portions includes a first light emitting portion disposed at a position facing the first cultivation portion and a second light emitting portion disposed at a position facing the second cultivation portion (Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 46, Page 8 line 21 – Page 9 line 44, and Page 11 line 4 – Page 12 line 29, where the plurality of light emitting portions includes a first light emitting portion 1 disposed at a position facing the first cultivation portion 60 and a second light emitting portion 1 disposed at a position facing the second cultivation portion 60 (see Fig. 9)). Katsuhiro is silent on wherein the controller controls the plurality of light emitting portions in the concentration mode so that the first light emitting portion provides light to the first cultivation portion and the second cultivation portion through the first lens and the second light emitting portion provides light to the second cultivation portion through the second lens and thus an amount of light irradiated to the second cultivation portion is increased with respect to an amount of light irradiated to the first cultivation portion. Lepp et al. disclose the controller controls the plurality of light emitting portions in the concentration mode so that the first light emitting portion provides light to the first cultivation portion and the second cultivation portion through the first lens and the second light emitting portion provides light to the second cultivation portion through the second lens and thus an amount of light irradiated to the second cultivation portion is increased with respect to an amount of light irradiated to the first cultivation portion (Figs. 3a-3b and 6 and Paragraphs [0031-0032] and [0038], where there is at least a controller which controls the plurality of light emitting portions 202 in the concentration mode so that the first light emitting portion (one of 202) provides light to the first cultivation portion (a plant directly below) and the second cultivation portion (a plant adjacent to the plant directly below) through the first lens (one of lens 203 angled to focus light onto a plant directly below and a plant adjacent to the plant directly below) and the second light emitting portion (another of 202) provides light to the second cultivation portion (a plant adjacent to the plant directly below) through the second lens (another of lens 203) and thus an amount of light irradiated to the second cultivation portion (the plant adjacent to the plant directly below) is increased with respect to an amount of light irradiated to the first cultivation portion (the plant directly below)). Katsuhiro and Lepp et al. are analogous because they are from the same field of endeavor which include plant cultivation 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 Katsuhiro such that the controller controls the plurality of light emitting portions in the concentration mode so that the first light emitting portion provides light to the first cultivation portion and the second cultivation portion through the first lens and the second light emitting portion provides light to the second cultivation portion through the second lens and thus an amount of light irradiated to the second cultivation portion is increased with respect to an amount of light irradiated to the first cultivation portion in view of Lepp et al.. The motivation would have been to utilize different lighting concentrations or intensities on different cultivation portions, thereby allowing the user to set optimal lighting for different cultivation portions.
Response to Arguments
Applicant’s arguments (filed 03/30/2026) with respect to the rejection of the claims have been fully considered but they are not persuasive. Katsuhiro (JP 2017046651) discloses the applicant’s claims 1 and 16, as specified under Claim Rejections - 35 USC § 102 above.
In response to the amendments, the mapping of the claims has been changed to teach the respective limitations in the rejections above.
In regard to claim 1, Katsuhiro teaches, in Figs. 1-10 and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 9 lines 3-42, that the light emitting portion 91 is configured to selectively (at least on and off) transmit the light emitted from the light emitting body 21a/22a/23a through the first lens 21b or the second lens 22b to provide light having the first radiation angle θ1 or the second radiation θ2 angle toward the cultivation portion 92.
In regard to claim 16, Katsuhiro also teaches, in Figs. 1-10, Claim 1, and Translated Specification Page 4 line 28 – Page 6 line 4 and Page 8 line 21 – Page 9 line 44, that there is a controller configured to selectively (at least on and off) operate the first light emitting body 21a or the second light emitting body 22a such that light is transmitted through the first lens 21b or the second lens 22b to provide the light having the first radiation angle θ1 or the second radiation angle θ2 toward the cultivation area 92, respectively.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of plant cultivation devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
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