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 Objections
Claims 43-46 are objected to. Claims 43-46 depend from claim 41, which contains steps a) and b). Claims 43-46 contain subsequent steps identified anywhere from steps f)-j), without appropriate intermediate steps. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 31 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 31 recites the limitation "the two rigid suspension elements " in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 28, 29, 33, 35, 36, 38-42, 45, 47 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Park US 2013/0305601.
Regarding claim 28, Park discloses a plant growing system for growing vertically grown plants, the system comprising: at least one substantially horizontal track (22), comprising at least two guides extending substantially horizontally and substantially parallel at a distance from each other (Park, Figure 2); and a plurality of plant carriers (30), each comprising a gutter for holding plants, the plant carriers extending transversally with respect to the track (Park, Figure 6), the plant carriers being movable along the track and the at least two guides (Park, abstract), wherein the plant carriers are suspended from the at least two guides (Park, Figure 7).
Regarding claim 29, Park further discloses each plant carrier further comprises, on or near either end thereof, a rigid suspension element (26); for suspending the gutter from a respective one of the at least two guides.
Regarding claim 33, Park further discloses the gutter of each plant carrier comprises a lid (33) substantially closing the gutter, the lid being provided with through holes (331) along its length.
Regarding claim 35, Park further discloses the gutter of each plant carrier comprises several spacers (34) for maintaining a mutual distance between plants in the gutter.
Regarding claim 36, Park further discloses several tracks arranged in parallel (Park, Figure 3).
Regarding claim 38, Park further discloses the plant growing system being an indoor plant growing system (10).
Regarding claim 39, Park further discloses a drive (21) for driving the plant carriers along the at least one track.
Regarding claim 40, Park discloses a plant carrier (30) for use in a plant growing system according to claim 28.
Regarding claims 41 and 47, Park discloses a method of growing vertically grown fruit bearing plants (Park, ¶0005) the method comprising: a) providing plants (Park, Figure 9) in gutters (30) of plant carriers; and b) moving the plant carriers along at least one substantially horizontal track (22), wherein step b) comprises suspending the plant carriers from the at least one substantially horizontal track (Park, Figure 6).
Regarding claim 42, Park further discloses c) growing the plants in a growing area (10), and d) performing operations (Park, abstract).
Regarding claim 45, i) watering the plants by supplying water (16) to the gutters at or near one or both of its longitudinal ends.
Allowable Subject Matter
Claim 31 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 30, 32, 34, 37, 43, 44, and 46 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 fails to disclose either alone or in combination the features of the supports and gutter as claimed, climate controlling different tracks, changing the distance between gutters, or draining eater at a center of the gutter.
Conclusion
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