Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after appeal to the Patent Trial and Appeal Board, but prior to a decision on the appeal. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 7/20/2026 has been entered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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The claim mapping for the current application and U.S. Patent No. 11,632,915 follows:
Claims of the present application
Claims of U.S. Patent No. 11,632,915
Claim 3.
A flow distribution comprising: a rack having a plurality of uprights and a platform forming a plant growing area being supported by said uprights and configured to support plants thereon, and said plurality of uprights of said rack defining a rack volume; a first elongated duct being supported on and extending along said rack, said first elongated duct engaged with and disposed below said platform and having a first duct inlet that receives air in a horizontal direction, said first elongated duct having a plurality of openings defined along said first elongated duct and arranged to direct air in a vertical direction at a plant growing area of the rack; a fan enclosure supported by said rack at least partially outside said rack; a fan at least partially disposed within said fan enclosure, said fan fluidly coupled with said first elongated duct, and said fan having an intake that receives ambient air from a vertical direction and provides air to said first duct inlet of said first elongated duct; and a housing being supported by said rack at least partially outside said rack and outside said growing area of said platform and having an air inlet portion and an air outlet portion, said fan enclosure being coupled to said housing at said air inlet portion with said fan disposed at least partially outside of said housing wherein air from said fan flows into said inlet portion of said housing.
Claim 4.
The flow distribution assembly of claim 3, further comprising a light system configured to be supported on the rack and positioned below said first elongated duct, said light system arranged to direct light downwardly at the plant growing area of the rack.
Claim 6.
The flow distribution assembly of claim 3, wherein said air inlet portion is configured to be positioned laterally outboard of said platform. See limitations in U.S. Patent No. 11,632,915 in claim 32.
Claim 8.
The flow distribution assembly of claim 3, further comprising at least one filter positioned within said housing.
Claim 32.
A flow distribution assembly, comprising: a rack system having: a set of upper shelves arranged end-to-end and a set of lower shelves arranged end-to-end, wherein said upper and lower shelves define respective vertically aligned upper and lower plant growing areas; and a plurality of uprights supporting the sets of shelves and defining a rack volume, the uprights including an end upright, an opposite end upright, and a middle upright disposed between the end uprights and the opposite end uprights; a plurality of air systems mounted on and supported by the rack system, each of the air systems comprising: a housing comprising an air inlet portion and first and second air outlet portions, and a plenum defined between the air inlet portion and the first and second air outlet portions, wherein the air inlet portion and at least a portion of the plenum are positioned laterally outboard of the end upright and outside of the rack volume; a fan mounted at the end of the rack system proximate the end upright and outside of the rack volume, the fan in fluid communication with the air inlet portion of the housing and operable to direct ambient air in a vertical direction into the air inlet portion; and first and second elongated ducts spaced horizontally apart from one another within the rack volume and extending along and below one of the sets of shelves, the first and second elongated ducts defining an elongate gap therebetween, and the first and second elongated ducts having respective pluralities of holes arranged to direct air at one of the plant growing areas; wherein the first and second elongated ducts have respective ends within the rack volume and proximate the end upright, the first and second elongated ducts coupled to the respective first and second outlet portions of the housing; and wherein the first and second elongated ducts extend linearly and horizontally along the one of the sets of shelves to define respective straight flow paths through the rack volume to respective opposite ends positioned within the rack volume and proximate the opposite end upright.
Claim 12.
A flow distribution assembly comprising: a rack having a plurality of uprights and at least two shelves defining vertically arranged growing regions; an air system supported by said rack, said air system comprising: a housing having an air inlet portion and a pair of air outlet portions and defining a plenum between said air inlet and outlet portions, wherein said housing is supported by said rack at least partially outside said rack, and said air inlet portion is positioned laterally outboard of said rack and said vertically aligned plant growing regions; a first elongated duct and a second elongated duct each having an end fluidly coupled to a side of said housing at respective ones of said air outlet portions, and said first and second elongated ducts extending linearly along the at least one shelf to an opposite end; and a fan disposed at least partially outside of said housing and fluidly coupled to said air inlet portion of said housing and configured to be supported by the rack and to direct ambient air into said housing through said air inlet portion; wherein said first and second elongated ducts each define a respective plurality of openings arranged to direct the ambient air at one of said vertically aligned plant growing regions; and wherein said first and second elongated ducts extend along said rack such that the ambient air passing through said air inlet portion is received into said housing and the air passing through said first and second elongated ducts flows in a horizontal direction into said rack.
Claim 13.
The flow distribution assembly of claim 12, wherein said housing is arranged so that the ambient air passing through said air inlet portion flows in a vertical direction. See limitations in U.S. Patent No. 11,632,915 in claim 32.
Claim 15.
The flow distribution assembly of claim 12, further comprising an intake collar mounted at said air inlet portion of said housing, wherein said fan is located in said intake collar.
Claim 32.
A flow distribution assembly, comprising: a rack system having: a set of upper shelves arranged end-to-end and a set of lower shelves arranged end-to-end, wherein said upper and lower shelves define respective vertically aligned upper and lower plant growing areas; and a plurality of uprights supporting the sets of shelves and defining a rack volume, the uprights including an end upright, an opposite end upright, and a middle upright disposed between the end uprights and the opposite end uprights; a plurality of air systems mounted on and supported by the rack system, each of the air systems comprising: a housing comprising an air inlet portion and first and second air outlet portions, and a plenum defined between the air inlet portion and the first and second air outlet portions, wherein the air inlet portion and at least a portion of the plenum are positioned laterally outboard of the end upright and outside of the rack volume; a fan mounted at the end of the rack system proximate the end upright and outside of the rack volume, the fan in fluid communication with the air inlet portion of the housing and operable to direct ambient air in a vertical direction into the air inlet portion; and first and second elongated ducts spaced horizontally apart from one another within the rack volume and extending along and below one of the sets of shelves, the first and second elongated ducts defining an elongate gap therebetween, and the first and second elongated ducts having respective pluralities of holes arranged to direct air at one of the plant growing areas; wherein the first and second elongated ducts have respective ends within the rack volume and proximate the end upright, the first and second elongated ducts coupled to the respective first and second outlet portions of the housing; and wherein the first and second elongated ducts extend linearly and horizontally along the one of the sets of shelves to define respective straight flow paths through the rack volume to respective opposite ends positioned within the rack volume and proximate the opposite end upright.
Claim 17.
A flow distribution assembly comprising: a rack having opposed ends and elongate sides extending between said ends, said rack comprising: a plurality of uprights disposed at said sides of said rack and defining a rack volume; and a platform supported by said uprights within said rack volume; an air distribution system attached to and supported by said rack in vertical arrangement with respect to said platform, wherein said air distribution system comprises: a housing having an air inlet portion and a first air outlet portion and supported by said uprights partially outside said rack volume; a fan disposed at least partially outside of said housing fluidly coupled to said air inlet portion of said housing, wherein said fan is configured to direct ambient air into said housing through said air inlet portion; and a first elongated duct fluidly coupled to said first air outlet portion of said housing, said first elongated duct defining a plurality of outlet openings for directing the ambient air at a plurality of plants supported by said rack within said rack volume; wherein said first elongated duct extends linearly and horizontally, and is supported by and along said rack between selected ones of said uprights.
Claim 19.
The flow distribution assembly of claim 17, wherein said first elongated duct is positioned directly below and is supported by said platform. See limitations in U.S. Patent No. 11,632,915 in claim 32.
Claim 20.
The flow distribution assembly of claim 19, wherein said platform comprises an elevated platform configured to provide an elevated plant growing region. See limitations in U.S. Patent No. 11,632,915 in claim 32.
Claim 21.
The flow distribution assembly of claim 20, further comprising a lower platform spaced below said elevated platform, wherein said lower platform is configured to provide a lower plant growing region, and wherein first elongated duct is configured to direct the ambient air downwardly toward said lower plant growing region. See limitations in U.S. Patent No. 11,632,915 in claim 32.
Claim 32.
A flow distribution assembly, comprising: a rack system having: a set of upper shelves arranged end-to-end and a set of lower shelves arranged end-to-end, wherein said upper and lower shelves define respective vertically aligned upper and lower plant growing areas; and a plurality of uprights supporting the sets of shelves and defining a rack volume, the uprights including an end upright, an opposite end upright, and a middle upright disposed between the end uprights and the opposite end uprights; a plurality of air systems mounted on and supported by the rack system, each of the air systems comprising: a housing comprising an air inlet portion and first and second air outlet portions, and a plenum defined between the air inlet portion and the first and second air outlet portions, wherein the air inlet portion and at least a portion of the plenum are positioned laterally outboard of the end upright and outside of the rack volume; a fan mounted at the end of the rack system proximate the end upright and outside of the rack volume, the fan in fluid communication with the air inlet portion of the housing and operable to direct ambient air in a vertical direction into the air inlet portion; and first and second elongated ducts spaced horizontally apart from one another within the rack volume and extending along and below one of the sets of shelves, the first and second elongated ducts defining an elongate gap therebetween, and the first and second elongated ducts having respective pluralities of holes arranged to direct air at one of the plant growing areas; wherein the first and second elongated ducts have respective ends within the rack volume and proximate the end upright, the first and second elongated ducts coupled to the respective first and second outlet portions of the housing; and wherein the first and second elongated ducts extend linearly and horizontally along the one of the sets of shelves to define respective straight flow paths through the rack volume to respective opposite ends positioned within the rack volume and proximate the opposite end upright.
Claims 3, 6 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 32 of U.S. Patent No. 11,632,915 in view of Smits U.S. Patent Application Publication No. 2016/0057944. Although the claims at issue are not identical, they are not patentably distinct from each other.
As shown above, the limitations of claim 32 of U.S. Patent No. 11,632,915 recites the limitations of claims 3 and 6, except for “a fan enclosure supported by said rack at least partially outside said rack; a fan at least partially disposed within said fan enclosure” and “said fan enclosure being coupled to said housing at said air inlet portion with said fan disposed at least partially outside of said housing wherein air from said fan flows into said inlet portion of said housing” (of claim 3).
However, Smits teaches a flow distribution assembly (as discussed in the abstract) comprising: a fan enclosure (Fig. 5: 163) supported by said rack at least partially outside said rack (Figs. 6A-6B: via suspension from beams 600); a fan (Fig. 5: 42) at least partially disposed within said fan enclosure (163) and said fan enclosure (163) being coupled to said housing (Fig. 5: 20) at said air inlet portion (Fig. 5: top of housing 20) with said fan disposed at least partially outside of said housing (Figs. 5 and 6A) wherein air from said fan flows into said inlet portion of said housing ([0039]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have improved the invention recited by the limitations of claim 32 of U.S. Patent No. 11,632,915 in the same way that Smits invention has been improved to achieve the predictable results for the purpose of directing airflow towards the plants.
As shown above, the limitations of claim 32 of U.S. Patent No. 11,632,915 recites the limitations of claim 15, except for “further comprising an intake collar mounted at said air inlet portion of said housing, wherein said fan is located in said intake collar”. However, Smits teaches a flow distribution assembly (as discussed in the abstract) comprising: an intake collar (Fig. 5: 160) mounted at said air inlet portion (Fig. 5: top of housing 20) of said housing (Fig. 5: 20); wherein said fan (Fig. 5: 42) is located in said intake collar (Figs. 5 and 6B: 160). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have improved the invention recited by the limitations of claim 32 of U.S. Patent No. 11,632,915 in the same way that Smits invention has been improved to achieve the predictable results for the purpose of directing airflow towards the plants.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 32 of U.S. Patent No. 11,632,915 in view of Smits U.S. Patent Application Publication No. 2016/0057944 and Tanase et al. U.S. Patent Application Publication No. 2013/0000185. Although the claims at issue are not identical, they are not patentably distinct from each other.
The limitations of claim 32 of U.S. Patent No. 11,632,915 in view of Smits U.S. Patent Application Publication No. 2016/0057944 recites the limitations of claim 4, except for “a light system”. Tanase et al. teaches a flow distribution assembly (as discussed in the abstract) comprising: further comprising a light system (Fig. 1: 101) configured to be supported on the rack and positioned below said first elongated duct (Fig. 1: 103), said light system arranged to direct light downwardly at the plant growing area of the rack (as shown in Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have improved the invention recited by the limitations of claim 32 of U.S. Patent No. 11,632,915 and Smits in the same way that Tanase et al.’s invention has been improved to achieve the predictable results for the purpose of directing growth promoting light towards the plants.
Claims 8, 16 and 29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 32 of U.S. Patent No. 11,632,915 (for claims 16 and 29) in view of Smits U.S. Patent Application Publication No. 2016/0057944 and Dufresne U.S. Patent Application Publication No. 2018/0125016. Although the claims at issue are not identical, they are not patentably distinct from each other.
The limitations of claim 32 of U.S. Patent No. 11,632,915 (for claims 16 and 29) in view of Smits U.S. Patent Application Publication No. 2016/0057944 recites the limitations of claim 8, except for “at least one filter positioned within said housing”. Dufresne teaches a flow distribution assembly (as discussed in the abstract) comprising: a housing (Figs. 1 and 4: 10); at least one filter (Fig. 4: 14) positioned within said housing (as shown in Fig. 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have improved the invention recited by the limitations of claim 32 of U.S. Patent No. 11,632,915 and Smits in the same way that Dufresne’s invention has been improved to achieve the predictable results of directing removing bacteria and other contaminants from the air before being delivered to the plants.
Claims 12, 13 and 17-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 32 of U.S. Patent No. 11,632,915. Although the claims at issue are not identical, they are not patentably distinct from each other. As shown above, claim 32 of U.S. Patent No. 11,632,915 anticipates claims 12, 13 and 17-21 of the present invention. U.S. Patent No. 11,632,915 recites a flow distribution assembly, and recites all of the limitations of claims 12, 13 and 17-21 of the present invention using the term “positioned laterally outboard of the end upright and outside of the rack volume” encompassing the invention of claims 12, 13 and 17-21 which recite “supported by said rack at least partially outside said rack”.
Allowable Subject Matter
Claims 7 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 22 and 24-29 are allowed.
For claims 3, 4, 6, 8, 10-13 and 15-21, aside from the non-prior art rejections above, it is determined the prior art of record fails to show or render obvious in reasonable combination, the limitations recited by independent claim 3 “A flow distribution comprising: a rack having a plurality of uprights and a platform forming a plant growing area being supported by said uprights and configured to support plants thereon, and said plurality of uprights of said rack defining a rack volume; a first elongated duct being supported on and extending along said rack; a fan enclosure supported by said rack at least partially outside said rack; a fan at least partially disposed within said fan enclosure; and a housing being supported by said rack at least partially outside said rack and outside said growing area of said platform, said fan enclosure being coupled to said housing at said air inlet portion with said fan disposed at least partially outside of said housing wherein air from said fan flows into said inlet portion of said housing”;
Independent claim 12 “A flow distribution assembly comprising: a rack having a plurality of uprights and at least two shelves defining vertically arranged growing regions; an air system supported by said rack, said air system comprising: a housing, wherein said housing is supported by said rack at least partially outside said rack, and said air inlet portion is positioned laterally outboard of said rack and said vertically aligned plant growing regions; a first elongated duct and a second elongated duct; and a fan disposed at least partially outside of said housing and fluidly coupled to said air inlet portion of said housing and configured to be supported by the rack and to direct ambient air into said housing through said air inlet portion”;
Independent claim 17 “A flow distribution assembly comprising: a rack having opposed ends and elongate sides extending between said ends, said rack comprising: a plurality of uprights disposed at said sides of said rack and defining a rack volume; and a platform supported by said uprights within said rack volume; an air distribution system attached to and supported by said rack in vertical arrangement with respect to said platform, wherein said air distribution system comprises: a housing supported by said uprights partially outside said rack volume; a fan disposed at least partially outside of said housing fluidly coupled to said air inlet portion of said housing”; and
Independent claim 22 “A flow distribution assembly comprising: a rack having opposed ends and elongate sides extending between said ends, said rack comprising: a plurality of uprights disposed at said sides of said rack and defining a rack volume; and a platform supported by said uprights within said rack volume; an air distribution system attached to and supported by said rack in vertical arrangement with respect to said platform, wherein said air distribution system comprises: a housing being supported by said rack at least partially outside of said rack volume; a fan disposed at least partially outside of said housing and fluidly coupled to said air inlet portion of said housing, wherein said fan is configured to direct ambient air into said housing through said air inlet portion and said fan and said air inlet portion of said housing are supported by said housing and said rack laterally outside of said rack volume; and a lighting system attached to and supported by and along said rack between said selected ones of said uprights and below said outlet openings of said first elongated duct.”
Conclusion
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/DANIELLE A CLERKLEY/ Examiner, Art Unit 3643
/PETER M POON/ Supervisory Patent Examiner, Art Unit 3643
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