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 § 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) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Koumoudis US 7,788,848.
Regarding claim 1, Koumoudis discloses a stackable (Koumoudis, column 8: lines 10-15) lighting module comprising a load-bearing frame comprising a first support member (107(1)) and a second support member (107(2)) held in a spaced apart and parallel configuration by a cross-member (150), and a light source module attached to the cross-member (Koumoudis, column 8: lines 59-65), wherein the light source module is disposed to provide light to a growth module when the growth module is positioned adjacent to the stackable lighting module (Koumoudis is capable of performing this functional limitation), whereby the load-bearing frame is configured to enable the stackable lighting module to occupy a cuboidal volume within which the light source module is supported (Koumoudis is capable of performing this functional limitation), wherein the load-bearing frame comprises upper and lower load-transferring edge surfaces (103, 109), and wherein the cross-member comprises a vertically arranged plate member (150) for supporting the light source module, wherein the cross-member is a growth board (plate 150 receives media)(Koumoudis, column 7: lines 14-25), said growth board comprising a component of growth modules of a vertical farming system (Koumoudis, abstract).
Regarding claim 5, Koumoudis further discloses the first support member and second support member being side support members (Koumoudis, Figure 1(A)).
Allowable Subject Matter
Claims 2-4, 6, and 8 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.
Koumoudis fails to disclose the light source module comprising electrical connector along upper and lower edges of the light module, side supports comprising a vertical guide.
Response to Arguments
Applicant’s arguments with respect to claims rejected under Lindo US 2018/0237221 have been fully considered and are persuasive. The rejection of claims 1-8 under Lindo has been withdrawn.
Applicant's arguments filed 08/25/2026 with respect to claims rejected under Koumoudis have been fully considered but they are not persuasive.
Koumoudis discloses the limitations of amended claim 1, as discussed above. The porous growth medium of Koumoudis is supported by growth board (150) and intended to support plants, meeting the claim limitation.
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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
