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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/11/2025 and 9/10/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 102
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)(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 12, 14 and 17-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ellestad et al. (WO 2017/024079, as cited by Applicant).
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For claim 12, Ellestad et al. discloses a flow distribution assembly for use on a rack system having at least one shelf defining vertically aligned plant growing regions (as discussed in [0064]: “levels” and as shown in Fig. 10 shows unnumbered surface supporting plants 10-7), said flow distribution assembly comprising: an air system configured to be mounted on and supported by the rack system (as discussed in [0065]), said air system comprising: a housing (as shown in the annotated Fig. 15 below) having an air inlet portion (Fig. 15: an end of the housing 10-3 abutting a fan 15-1) and a pair of air outlet portions (Fig. 15: an end of the housing abutting each duct 15-2), and defining a plenum between said air inlet and outlet portions (as shown in the annotated Fig. 15 below), wherein said air inlet portion is configured to be positioned laterally outboard of the vertically aligned plant growing regions (Fig. 10 shows fan 10-1 at its air inlet portion outside of the boundary of the support surface of the plant growing areas 10-7); a first elongated duct (Fig. 10: 10-9; Fig. 15: 15-2) and a second elongated duct (Fig. 15: opposing parallel duct 15-2) each having an end fluidly coupled to a side of said housing at respective ones of said air outlet portions (as shown in the annotated Fig. 15 above), and said first and second elongated ducts configured to extend linearly along the at least one shelf to an opposite end (as discussed in [0064], [0065], and [0081]: at “racking components (10-4)”, and Fig. 10 shows the duct 10-9 extends from a first end to a second end of the unnumbered support surface supporting plants 10-7); and a fan (as discussed in [0065]: “a duct fan, in-line fan, centrifugal fan” and shown in Fig. 10: 10-1) disposed at least partially outside of said housing and configured to be supported by the rack system (as discussed in [0081]: at “racking components (10-4)”) and to direct ambient air into said housing through said air inlet portion (as shown in the annotated Fig. 15 above); wherein said first and second elongated ducts each define a respective plurality of openings (as discussed in [0082]: “air holes (not shown)”) arranged to direct the ambient air at one of the vertically aligned plant growing regions (Fig. 10: 10-7, 10-8) when said air system is mounted on the rack system (as shown in Fig. 10 and discussed in [0081]); and wherein said first and second elongated ducts are configured to extend along the rack system 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 (as shown in Fig. 15 at 15-2).
For claim 14, Ellestad et al. discloses the flow distribution assembly of claim 12, wherein said air inlet portion (Ellestad et al. as shown in the annotated Fig. 15 above) is configured to be positioned laterally outboard of the vertically aligned plant growing regions when said air system is mounted on the rack system (Ellestad et al. Fig. 10 shows the fan 10-1 and components positioned outboard of the platform of the rack defined by the unnumbered surface supporting plants 10-7).
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For claim 17, Ellestad et al. discloses a flow distribution assembly comprising: a rack system 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 (as shown in Fig. 4); and a platform supported by said uprights within said rack volume (as discussed in [0064]: “Indoor farming modules may further contain a plurality of horizontal racks, each individually referred to as a level.” and as shown in Fig. 10 shows unnumbered surface supporting plants 10-7); an air distribution system attached to and supported by said rack (as discussed in [0065]) in vertical arrangement with respect to said platform (Fig. 10 shows the fan 10-1 and components positioned outboard of the platform of the rack defined by the unnumbered surface supporting plants 10-7), wherein said air distribution system comprises: a housing having an air inlet portion and an air outlet portion (as shown in the annotated Fig. 10 below), a fan (as discussed in [0065]: “a duct fan, in-line fan, centrifugal fan” and shown in Fig. 10: 10-1) disposed at least partially outside of said housing (as shown in the annotated Fig. 10) 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 (as shown in the annotated Fig. 10 below); and a first elongated duct (Fig. 10: 10-9; Fig. 15: 15-2) fluidly coupled to said first air outlet portion of said housing (as shown in the annotated Fig. 10 above), said first elongated duct defining a plurality of outlet openings (as discussed in [0082]: “air holes (not shown)”) for directing the ambient air at a plurality of plants (Fig. 10: 10-7, 10-8) supported by said rack within the rack volume; wherein said first elongated duct extends linearly and horizontally (as shown in Fig. 10 and discussed in [0081]), and is supported by and along said rack (as discussed in [0081]: at “racking components (10-4)”) between selected ones of said uprights (Fig. 4: uprights at the corners).
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For claim 18, Ellestad et al. discloses low distribution assembly of claim 17, wherein: said housing comprises a second air outlet portion spaced laterally from said first air outlet portion (as shown in the annotated Figure 15 below); a second elongated duct (Fig. 15: of parallel ducts 15-2) is fluidly coupled to the second air outlet portion (Fig. 15 at portion spanning the parallel ducts 15-2); and said second elongated duct extends linearly and horizontally along said rack between said selected ones of said uprights (as positioned in Fig. 10 from one end to another of the unnumbered surface supporting plants 10-7), and is spaced laterally apart from said first elongated duct to define an elongate space therebetween (as shown in Fig. 15).
For claim 19, Ellestad et al. discloses the flow distribution assembly of claim 17, wherein said first elongated duct (as shown in Fig. 10: 10-2) is positioned directly below and is supported by said platform (Fig. 9: 940 and as discussed in [0080]).
For claim 20, Ellestad et al. discloses the flow distribution assembly of claim 19, wherein said platform comprises an elevated platform (shows in Figs 4 and 9: 940 and as discussed in [0080]) configured to provide an elevated plant growing region (as discussed in [0080]: “the lower shelving component 950 may support a plant 960”).
For claim 21, Ellestad et al. discloses the flow distribution assembly of claim 20, further comprising a lower platform (Figs. 4 and 9: 950) spaced below said elevated platform (940), wherein said lower platform is configured to provide a lower plant growing region (960), and wherein first elongated duct (920) is configured to direct the ambient air downwardly toward said lower plant growing region (as discussed in [0080]: “providing airflow to the crop canopy below”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3, 5-7, 10-11, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ellestad et al. (WO 2017/024079, as cited by Applicant) in view of Qualley et al. (U.S. Patent No. 3,474,720, as cited by Applicant).
For claim 3, Ellestad et al. discloses a flow distribution assembly for use in providing air flow to growing plants on a rack, said distribution assembly comprising: a platform (as discussed in [0064]: “levels” and as shown in Fig. 10 shows unnumbered surface supporting plants 10-7) configured to be supported on the rack and to support plants thereon (as discussed in [0064]); a first elongated duct (Fig. 10: 10-9; Fig. 15: 15-2) configured to be supported on and extend along the rack (as discussed in [0064], [0065], and [0081]: at “racking components (10-4)”), said first elongated duct engaged with and disposed below said platform (as shown in Fig. 10 and discussed in [0081]) and having a first duct inlet that receives air in a horizontal direction (Fig. 10: at vertical wall opening of the duct 10-2 at 10-3 via airflow generator 10-1), 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 (as discussed in [0082]: “air holes (not shown)”); a fan enclosure (Fig. 10: 10-1); a fan (as discussed in [0065]: “a duct fan, in-line fan, centrifugal fan”) at least partially disposed within said fan enclosure, said fan coupled with said first elongated duct (as shown in Fig. 10), and said fan having an intake (such that air is generated from intake from the surrounding environment) that provides air to said first duct inlet of said first elongated duct; and a housing having an air inlet portion and an air outlet portion (as shown in the annotated Fig. 10 below), wherein said fan enclosure is coupled to said housing at said air inlet
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portion with said fan disposed at least partially outside of said housing (as shown in the annotated Fig. 10).
Ellestad et al. fails to show the fan enclosure configured to be supported on the rack; and the fan configured to be supported on the rack, and said fan having an intake that receives ambient air in a vertical direction. Qualley et al. teaches a flow distribution assembly (as discussed in the abstract) comprising: a first elongated duct (Figs. 1-3: 31); a fan enclosure (Figs. 1-3: 15) configured to be supported on the rack (as discussed in Col. 3, lines 52-58: via interconnection of parts, including the elongated duct 31 that is configured to be supported on a rack with hooks 41); and a fan (Figs. 2-3: 25) at least partially disposed within said fan enclosure and configured to be supported on the rack (as discussed in Col. 3, lines 52-58: via interconnection of parts, including the elongated duct 31 that is configured to be supported on a rack with hooks 41), and said fan having an intake (Figs. 2-3: 24) that receives ambient air in a vertical direction (as shown by arrows in vertical direction entering intake 24 in Fig. 3) and provides air to said first duct inlet (Figs. 2-3: at 30) of said first elongated duct (31). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. to include the fan enclosure as taught by Qualley et al. for the advantage of supplying rapid flow of air through the first elongated duct.
For claim 5, Ellestad et al. as modified by Qualley et al. disclose the flow distribution assembly of claim 3, wherein said housing is configured for coupling to and being supported by the rack (Qualley et al. as discussed in Col. 3, lines 52-58: via interconnection of parts, including the elongated duct 31 that is configured to be supported on a rack with hooks 41).
For claim 6, Ellestad et al. as modified by Qualley et al. disclose the flow distribution assembly of claim 5, wherein said air inlet portion (Qualley et al. Figs. 1-3: at damper 47) is configured to be positioned laterally outboard of said platform (Ellestad et al. Fig. 10 shows the fan 10-1 and components positioned outboard of the platform of the rack defined by the unnumbered surface supporting plants 10-7).
For claim 7, Ellestad et al. as modified by Qualley et al. disclose the flow distribution assembly of claim 5, further comprising an intake collar (Qualley et al. Fig. 2: 29) mounted at said air inlet portion (Qualley et al. as discussed in Col. 2, lines 55-58: at damper 47) of said housing, wherein said fan enclosure (Qualley et al. Figs. 1-3: 15) is coupled directly to said intake collar (Qualley et al. Fig. 2: 29).
For claim 10, Ellestad et al. as modified by Qualley et al. disclose the flow distribution assembly of claim 3, further comprising a second elongated duct (Ellestad et al. Fig. 15: 15-2) configured to be supported on and extend along the rack (Ellestad et al. as discussed in [0064], [0065], and [0088]), said second elongated duct engaged with and disposed below said platform and in parallel spaced arrangement with said first elongated duct, said second elongated duct having a second duct inlet that receives air in a horizontal direction (Ellestad et al. as shown in Fig. 15), said second elongated duct having a plurality of openings defined along said second elongated duct and arranged to direct air in a vertical direction at the plant growing area of the rack (Ellestad et al. as discussed in [0082]: “air holes (not shown)”), wherein said fan (Ellestad et al. Fig. 15: 15-1) is coupled with said second elongated duct (Ellestad et al. Fig. 15: 15-2 in parallel spaced arrangement).
For claim 11, Ellestad et al. as modified by Qualley et al. disclose the flow distribution assembly of claim 10, wherein said first and second elongated ducts (Ellestad et al. Fig. 15: 15-2) are configured to extend linearly and horizontally along the rack (Ellestad et al. as discussed in [0064] and [0065]) and are spaced laterally apart from one another to define an elongate space therebetween (Ellestad et al. as shown in Fig. 15).
For claim 13, Ellestad et al. discloses the invention substantially as claimed, but fails to show wherein said housing is arranged so that the ambient air passing through said air inlet portion flows in a vertical direction. Qualley et al. teaches a flow distribution assembly (as discussed in the abstract) comprising: a housing (Figs. 1-3: 28) having an air inlet portion (as discussed in Col. 2, lines 55-58: at damper 47) and an air outlet portion (Figs. 1-3: 30), wherein said housing is arranged so that the ambient air passing through said air inlet portion (as discussed in Col. 2, lines 55-58: at damper 47) flows in a vertical direction (Figs. 1-3: through duct 31). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. to include the housing as taught by Qualley et al. for the advantage of supplying rapid flow of air through the first elongated duct and the second elongated duct.
For claim 15, Ellestad et al. discloses the invention substantially as claimed, but fails to show further comprising an intake collar mounted at said air inlet portion of said housing, wherein said fan is coupled directly to said intake collar. Qualley et al. teaches a flow distribution assembly (as discussed in the abstract) comprising: a housing (Figs. 1-3: 28) having an air inlet portion (as discussed in Col. 2, lines 55-58: at damper 47) and an air outlet portion (Figs. 1-3: 30), further comprising an intake collar (Fig. 2: 29) mounted at said air inlet portion (as discussed in Col. 2, lines 55-58: at damper 47) of said housing, wherein said fan (Figs. 1-3: 25) is coupled directly to said intake collar (Fig. 2: at 29). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. to include the intake collar as taught by Qualley et al. for the advantage of seamlessly supplying air to the first elongated duct and the second elongated duct.
Claim 4 are rejected under 35 U.S.C. 103 as being unpatentable over Ellestad et al. (WO 2017/024079, as cited by Applicant) in view of Qualley et al. (U.S. Patent No. 3,474,720, as cited by Applicant), as applied to claim 3 above, and further in view of Tanase et al. (U.S. Patent Application Publication No. 2013/0000185, as cited by Applicant).
For claim 4, Ellestad et al. as modified by Qualley et al. disclose the flow distribution assembly of claim 3, further comprising a light system (Ellestad et al. Fig. 10: 10-2) configured to be supported on the rack (Ellestad et al. as discussed in [0064] and [0081]: at “racking components (10-4)”), said light system arranged to direct light downwardly at the plant growing area (Ellestad et al. Fig. 10: 10-7, 10-8) of the rack, but fails to show the light system positioned below said first elongated duct. Tanase et al. teaches a flow distribution assembly comprising: a light system (Fig. 1: 101, 101a), the light system positioned below said first elongated duct (as discussed in [0039] and as shown in Fig. 1: 103). Tanase at al. teaches it would have been obvious to incorporate the light system within the elongated duct or alternatively mount the lighting system on the outside of the elongated duct (as discussed in [0059]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. and Qualley et al. to include the light system below the first elongated duct as taught by Tanase et al. for the advantage of arranging light in close proximity to the plant growing area.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ellestad et al. (WO 2017/024079, as cited by Applicant) in view of Qualley et al. (U.S. Patent No. 3,474,720, as cited by Applicant), as applied to claim 3 above, and further in view of Dufresne (U.S. Patent Application Publication No. 2018/0125016, as cited by Applicant).
For claim 8, Ellestad et al. as modified by Qualley et al. discloses the flow distribution assembly of claim 5, but fails to further show at least one filter positioned within said housing. Dufresne teaches a flow distribution assembly (as shown in Figs. 1-4) comprising: a housing (Fig. 4: 10), at least one filter (14) positioned within said housing (as discussed in [0025]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. and Qualley et al. to include the at least one filter as taught by Dufresne for the advantage of killing bacteria within the air needed to maintain optimal plant health.
For claim 9, Ellestad et al. as modified by Qualley et al. discloses the flow distribution assembly of claim 3, but fails to further show a plurality of braces configured to slidingly support said first elongated duct at the rack. Dufresne teaches a flow distribution assembly (as shown in Figs. 1-4) comprising: a plurality of braces (Figs. 3C-3D: 42) configured to slidingly support (as discussed in [0029]) said first elongated duct (24) at the rack (as shown in Figs. 1-2: 100). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. and Qualley et al. to include the plurality of braces as taught by Dufresne for the advantage of arranging the elongated ducts in desired locations near the plant growing area.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ellestad et al. (WO 2017/024079, as cited by Applicant) in view of Dufresne (U.S. Patent Application Publication No. 2018/0125016, as cited by Applicant).
For claim 16, Ellestad et al. discloses the flow distribution assembly of claim 12, but fails to further show at least one filter positioned within said housing. Dufresne teaches a flow distribution assembly (as shown in Figs. 1-4) comprising: a housing (Fig. 4: 10), at least one filter (14) positioned within said housing (as discussed in [0025]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. to include the at least one filter as taught by Dufresne for the advantage of killing bacteria within the air needed to maintain optimal plant health.
Claim 22, 23 and 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over Ellestad et al. (WO 2017/024079, as cited by Applicant) in view of Tanase et al. (U.S. Patent Application Publication No. 2013/0000185, as cited by Applicant).
For claim 22, Ellestad et al. discloses a flow distribution assembly comprising: a rack system 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 (as shown in Fig. 4); and a platform supported by said uprights within said rack volume (as discussed in [0064]: “Indoor farming modules may further contain a plurality of horizontal racks, each individually referred to as a level.” and as shown in Fig. 10 shows unnumbered surface supporting plants 10-7); an air distribution system attached to and supported by said rack (as discussed in [0065]) in vertical arrangement with respect to said platform (Fig. 10 shows the fan 10-1 and components positioned outboard of the platform of the rack defined by the unnumbered surface supporting plants 10-7), wherein said air distribution system comprises: a housing having an air inlet portion and an air outlet portion (as shown in the annotated Fig. 10 below), a fan (as discussed in [0065]: “a duct fan, in-line fan, centrifugal fan” and shown in Fig. 10: 10-1) disposed at least partially outside of said housing (as shown in the annotated Fig. 10 below) 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 (as shown in the annotated Fig. 10 below); and a first elongated duct (Fig. 10: 10-9; Fig. 15: 15-2) fluidly coupled to said first air outlet portion of said housing (as shown in the annotated Fig. 10 above), said first elongated duct defining a plurality of outlet openings
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(as discussed in [0082]: “air holes (not shown)”) for directing the ambient air at a plurality of plants (Fig. 10: 10-7, 10-8) supported by said rack within the rack volume; wherein said first elongated duct extends linearly and horizontally (as shown in Fig. 10 and discussed in [0081]), and is supported by and along said rack (as discussed in [0081]: at “racking components (10-4)”) between selected ones of said uprights (Fig. 4: uprights at the corners).
Ellestad et al. fails to show the lighting system below said outlet openings of said first elongated duct. Tanase et al. teaches a flow distribution assembly comprising: a lighting system (Fig. 1: 101, 101a), the light system positioned below said outlet openings (Fig. 1: 105a, 105b) of said first elongated duct (as discussed in [0039] and as shown in Fig. 1: 103). Tanase at al. teaches it would have been obvious to incorporate the light system within the elongated duct or alternatively mount the lighting system on the outside of the elongated duct (as discussed in [0059]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. to include the lighting system below the first elongated duct as taught by Tanase et al. for the advantage of arranging light in close proximity to the plant growing area.
For claim 23, Ellestad et al. as modified by Tanase et al. discloses the flow distribution assembly of claim 22, wherein said fan (Ellestad et al. Fig. 10: 10-1) and said air inlet portion of said housing are positioned laterally outside of the rack volume (Ellestad et al. Fig. 10 shows the fan 10-1 and components positioned outside of the boundaries of the platform of the rack defined by the unnumbered surface supporting plants 10-7).
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For claim 25, Ellestad et al. as modified by Tanase et al. discloses low distribution assembly of claim 17, wherein: said housing comprises a second air outlet portion spaced laterally from said first air outlet portion (as shown in the annotated Ellestad et al. Figure 15 below); a second elongated duct (Ellestad et al. Fig. 15: of parallel ducts 15-2) is fluidly coupled to the second air outlet portion (Ellestad et al. Fig. 15 at portion spanning the parallel ducts 15-2); and said second elongated duct extends linearly and horizontally along said rack between said selected ones of said uprights (Ellestad et al. as positioned in Fig. 10 from one end to another of the unnumbered surface supporting plants 10-7), and is spaced laterally apart from said first elongated duct to define an elongate space therebetween (Ellestad et al. as shown in Fig. 15).
For claim 26, Ellestad et al. as modified by Tanase et al. disclose the flow distribution assembly of claim 22, wherein said first elongated duct (Ellestad et al. as shown in Fig. 10: 10-3) is positioned directly below and is supported by said platform (Ellestad et al. shows in Fig. 9: 940 and as discussed in [0080]).
For claim 27, Ellestad et al. as modified by Tanase et al. disclose the flow distribution assembly of claim 26, wherein said platform comprises an elevated platform (Ellestad et al. shows in Figs 4 and 9: 940 and as discussed in [0080]) configured to provide an elevated plant growing region (Ellestad et al. as discussed in [0080]: “the lower shelving component 950 may support a plant 960”).
For claim 28, Ellestad et al. disclose the flow distribution assembly of claim 27, further comprising a lower platform (Ellestad et al. Figs. 4 and 9: 950) spaced below said elevated platform (Ellestad et al. 940), wherein said lower platform is configured to provide a lower plant growing region (Ellestad et al. at 960), wherein said lighting system (Ellestad et al. 910) is configured to direct light downwardly toward said lower plant growing region and said first elongated duct (Ellestad et al. 920) is configured to direct the ambient air downwardly toward said lower plant growing region (Ellestad et al. as discussed in [0080]: “providing airflow to the crop canopy below”), and fails to show said first elongated duct is configured to direct the ambient air downwardly through said lighting system. Tanase et al. teaches a flow distribution assembly comprising: a lighting system (Fig. 1: 101, 101a), and a first elongated duct (as discussed in [0039] and as shown in Fig. 1: 103), said first elongated duct is configured to direct the ambient air downwardly through said lighting system (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 modified the flow distribution assembly of Ellestad et al. to include the lighting system below the first elongated duct as taught by Tanase et al. for the advantage of cooling the lighting system during use.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Ellestad et al. (WO 2017/024079, as cited by Applicant) in view of Tanase et al. (U.S. Patent Application Publication No. 2013/0000185, as cited by Applicant), as applied to claim 22 above, and further in view of Qualley et al. (U.S. Patent No. 3,474,720, as cited by Applicant).
For claim 24, Ellestad et al. as modified by Tanase et al. disclose the invention substantially as claimed, but fails to show wherein said fan is operable to direct the ambient air in a vertical direction into said air inlet portion, and said first air outlet portion is configured to direct the ambient air in a horizontal direction to said elongated duct. Qualley et al. teaches a flow distribution assembly (as discussed in the abstract) comprising: a first elongated duct (Figs. 1-3: 31); and a fan (Figs. 2-3: 25), wherein said fan is operable to direct the ambient air in a vertical direction (as shown by arrows in vertical direction entering intake 24 in Fig. 3) into said air inlet portion (as discussed in Col. 2, lines 55-58: at damper 47), and said first air outlet portion (Figs. 2-3: 30) is configured to direct the ambient air in a horizontal direction to said elongated duct (Figs. 1-3: 31). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. and Tanase et al. to include a fan operable to direct the ambient air in a vertical direction into said air inlet portion as taught by Qualley et al. for the advantages of supplying rapid flow of air through the first elongated duct and downwardly toward the plant growing areas.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Ellestad et al. (WO 2017/024079, as cited by Applicant) in view of Tanase et al. (U.S. Patent Application Publication No. 2013/0000185, as cited by Applicant), as applied to claim 22 above, and further in view of Dufresne (U.S. Patent Application Publication No. 2018/0125016, as cited by Applicant).
For claim 29, Ellestad et al. as modified by Tanase et al. disclose the invention substantially as claimed, but fails to further show at least one filter positioned within said housing. Dufresne teaches a flow distribution assembly (as shown in Figs. 1-4) comprising: a housing (Fig. 4: 10), at least one filter (14) positioned within said housing (as discussed in [0025]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow distribution assembly of Ellestad et al. and Tanase et al. to include the at least one filter as taught by Dufresne for the advantage of killing bacteria within the air needed to maintain optimal plant health.
Response to Arguments
Applicant's arguments filed 8/11/2025 have been fully considered but they are not persuasive.
Applicant argues “To the extent that Ellestad's horticultural systems include air distribution capabilities, those systems are floor-mounted and although some portions are shown elevated, there is no disclosure or suggestion in Ellestad that the air distribution equipment is rack-supported or configured for rack support.” However, the reference to Ellestad et al. clearly shows air distribution assembly supported on a rack (as discussed in [0009] and shown in Figs. 5, 8 and 9).
Applicant argues “The Office Action takes the position that Qualley teaches a housing configured for mounting at a pair of uprights, an elongated duct that is configured to be supported on a rack with hooks, for mounting at a pair of uprights at a rack (referencing Qualley's Col. 3, lines 52-58). However, Applicant finds no teaching or suggestion in Qualley of a rack, let alone a rack with uprights or a rack-supported air system.” However, the examiner has established the primary reference to Ellestad et al. already shows an air distribution assembly supported on a rack (as discussed in [0009] and shown in Figs. 5, 8 and 9). The reference to Qualley teaches the hooks as means for attachment to uprights of the rack. The modification teaches the attachment allows for configuration of the air inlet portion is configured to be positioned at and supported between a pair of the uprights.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Smits et al. (U.S. Patent Application Publication No. 2016/0057944) shows a fan (Figs. 1-3: 42) disposed at least partially outside of said housing and coupled to said air inlet portion of said housing (as discussed in the last sentence of [0031]).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE A CLERKLEY whose telephone number is (571)270-7611. The examiner can normally be reached 8:30AM-5PM.
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/DANIELLE A CLERKLEY/
Examiner, Art Unit 3643
/MORGAN T JORDAN/Primary Examiner, Art Unit 3643