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 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the lighting source supported by a cross-member which separates the first and second frames, a ventilation module, and ventilation source supported by a cross-member which separates the first and second support frames must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 2-6, and 8 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Cosmann US 8,966,819.
Regarding claims 16 and 2, Cosmann discloses at least two stackable modules (20) in a stack (Cosmann, Figure 1), each stackable module comprising: a functional component (32) of a vertical farming system, a load-bearing frame comprising a first support member (26) and a second support member (28) held in a spaced apart and parallel configuration by a cross-member (32), the cross-member forming a part of the functional component, wherein the load-bearing frame defines a cuboidal volume, the stackable module occupying the cuboidal volume, wherein the functional component is supported within the cuboidal volume, wherein the load-bearing frame comprises upper (52) and lower (53) load-transferring edge surfaces (Cosmann, Figure 2), and wherein the functional component is a water tank frame configured to support a water tank or a ventilation module (in that the functional component comprises apertures 72), and wherein the upper load-transferring edge surface is provided with recesses (Cosmann, Figures 3 and 8) arranged to be engaged by a gripping mechanism of a module handling vehicle of a vertical farming facility.
Regarding claim 4, Cosmann further discloses the first support member and second support member are each side support members (Cosmann, Figure 2).
Regarding claim 5, Cosmann further discloses each of the side support members comprises a vertical guide (44, 45).
Regarding claim 6, Cosmann further discloses the cross-member (32) comprising a plate (Cosmann, Figure 3).
Regarding claim 8, Cosmann further discloses the stackable module is a stackable watering module (Cosmann, column 2: lines 25-29), and the functional component comprises a water tank frame (Cosmann, column 5: lines 24-27).
Allowable Subject Matter
Claims 7, 17, and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose or suggest a water collection trough as presented by claim 7, at least one module being a lighting module, or at least one of the modules being a ventilation module.
Response to Arguments
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive.
The drawing objection is maintained as these features remain in the claims.
Cosmann teaches a recess in its broadest reasonable definition as discussed above. Cosmann is capable of performing the broad functional language of “arranged to be engaged by a gripping mechanism of a module handling vehicle of a vertical farming facility”. AN upper load bearing surface has not been claimed in a way that differentiates the claim limitation from the prior art of Cosmann. A gripping mechanism of a module handling vehicle or a vertical farming facility are not positively recited elements of the claims and have not been given weight. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Element 32 of Cosmann reads on both broad limitations of the functional component being a water tank frame configured to support a water tank or a ventilation module, as discussed above. The applicant has not presented any structure or functional limitations in the claim which would prevent Cosmann from reading on these broad limitations.
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 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 KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michener Joshua can be reached at 571.272.1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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