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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7, 8, 17 and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The discloses of the invention recites that there is one functional component and does not disclose a plurality, more than one, or a mixture of functional components. Claims 7, 8, 17, and 18 claim functional components in addition to the functional component of claim 16. Previous claim iterations claimed the functional component in the independent claim being “one of” a listed set of elements, with dependent claims parsing out different individual functional components. These components are not disclosed as being combined.
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)(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.
Claim(s) 16-18, 2, 4-6, and 8 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bilge US 10,893,647.
Regarding claims 16, 2, 4, and 8 Bilge discloses at least two stackable watering modules (Bilge, Figures 2 and 12) in a stack, each stackable module comprising: a functional component of a vertical farming system, a load-bearing frame comprising a first side support member (18) and a second side support member (20) held in a spaced apart and parallel configuration by a cross-member (42), the cross-member forming a part of the functional component, wherein the load-bearing frame defines a cuboidal volume (Bilge, Figure 2), the stackable module occupying the cuboidal volume, wherein the functional component is supported within the cuboidal volume (Bilge, Figure 2), wherein the load-bearing frame comprises upper and lower load-transferring edge surfaces (at 24, 26), wherein the functional component comprises a water tank (Bilge, column 4: lines 65-67), and wherein the upper load-transferring edge surface is provided with recesses (34) arranged to be engaged by a gripping mechanism of a module handling vehicle of a vertical farming facility.
Regarding claim 5, Bilge further disclsoes each of the side support members comprising a vertical guide (38).
Regarding claim 6, Bilge further disclsoes the cross member comrpsing frame for supporting a water tank (Bilge, column 4: lines 65-67).
Regarding claim 17, Bilge further disclsoes the functional component comprising a lighting source (350) for illuminating growing plants (as best understood).
Regarding claim 18, Bilge further dsiclsoes the functional component comprising a ventilation (at 32) source (as best understood) for ventilating plants from a side of the stack.
Response to Arguments
Applicant’s arguments with respect to claim(s) rejected under Cosmann 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Booker-Ugunde US 20210212270 disclsoes two modules having aload bearing frame, first and second support members, a cross-member, and a funcitioanl component of a water tank. However Booker-Ugunde does not disclose multiple modules in a stack, and discloses a photovolactic cell on an upper surface of the modules, teaching against stacking.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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