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 .
Drawings
The drawings were received on 29 July 2025. These drawings are unacceptable. The drawing entry Replacement Sheet Figures 1-8 contain new matter with a structural grid pattern present in the bottom aperture that was not present in the originally filed provisional and PCT applications. The added new matter is not supported by the original disclosure of the invention. In other words, a description of this new structure is not supported by the specification and introduces new matter. The new structural features need to be removed from the drawings and only drawings consistent with the original filing will be entered. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United Kingdom Patent GB 2566797 to Christopher.
Regarding Claim 1, Christopher teaches horticulture tray comprising a plurality of growing cells configured to hold a plant (Christopher Fig. 1 and 2 #10), each one of the plurality of growing cells includes spaced apart sidewalls (Christopher Fig. 1 and 2 #35) defining air gap openings (Christopher Fig. 1 and 2 #36) therebetween; wherein: the plurality of growing cells are arranged such that air gap openings of diagonally adjacent growing cells are aligned to provide direct line of sight between the diagonally adjacent growing cells; the plurality of growing cells are arranged such that sidewalls of vertically adjacent growing cells are aligned and face each other to block direct line of sight between the vertically adjacent growing cells to block root travel between the vertically adjacent growing cells; and the plurality of growing cells are arranged such that sidewalls of horizontally adjacent growing cells are aligned and face each other to block direct line of sight between the horizontally adjacent growing cells to block root travel between the horizontally adjacent growing cells (Christopher Fig. 2 shows the claimed alignments of elements #36 air gaps and #35 sidewalls, applicant doesn’t claim the size of the sidewall or how much of the area it blocks; top view of Fig. 2 shows the sidewalls are spaced from each other the width of top wall #20 between each cell); the air gap openings defined by the spaced apart sidewalls extend continuously and completely along an entire depth of the plurality of grow cells (Christopher Fig. 1 #36 starting from #32 top end of compartment; applicant doesn’t establish the location of the start point of the top of the cell)
Regarding Claim 2, Christopher teaches the plurality of growing cells are arranged in rows and columns (Christopher Fig.1 and 2 #30).
Regarding Claim 3, Christopher teaches the rows are aligned and the columns are aligned (Christopher Fig. 1 and 2).
Regarding Claim 4, Christopher teaches the horticulture tray is rectangular (Christopher Fig. 1 and 2).
Regarding Claim 5, Christopher teaches an outer wall (Christopher Fig. 1 and 2 #22) extending around a periphery of the horticulture tray.
Regarding Claim 6, Christopher teaches each one of the plurality of growing cells includes a first aperture defined at a first end and a second aperture defined at a second end that is opposite to the first end (Christopher Fig. 1 and 2 #40 bottom and #32 top).
Regarding Claim 7, Christopher teaches each one of the plurality of growing cells includes the sidewalls extend extending from the first aperture to the second aperture, the sidewalls are spaced apart to define air gaps therebetween (Christopher Fig. 1 and 2 #35 sidewalls go from #32 to #40 and gaps #36 therebetween).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 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.
The examiner maintains that applicant hasn’t patentably distinguished over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREA M VALENTI whose telephone number is (571)272-6895. The examiner can normally be reached Available Monday and Tuesday only, eastern time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREA M VALENTI/Primary Examiner, Art Unit 3643
10 March 2026
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