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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/12/2025 has been entered.
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.
Claim(s) 1, 6-7, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Blank (US-10136594-B2) in view of Kalayjian (US-12089545-B1) and Rabe (DE-202017006676-U1).
Regarding claim 1, Blank discloses a vertical farming system, comprising:
a support unit comprising a fixing rack (106) that is raised relative to a floor, wherein at least one positioning portion is provided on the fixing rack;
at least one planting assembly comprising a hanging member (suspension shaft 210) and at least one plant container (104), wherein the at least one plant container is hung below the fixing rack through the hanging member (see figs 1-2 and 5);
the at least one plant container has a drainage hole (drain holes 184, see fig 4) adapted to drain irrigation water;
a water circulation assembly comprising a pipeline (supply line 116/120, return line 172) and a nutrient device, wherein the pipeline has at least one outlet hole (outlet of 116/120 to distribution line 122, see fig 2) and at least one collection hole (drains 168 to collection 172, see fig 2);
the nutrient device (reservoir 108 with pump 114 and dosing system 128 and measuring device 126, see fig 2) is disposed on a water pathway of the pipeline and is located between the at least one outlet hole and the at least one collection hole (see fig 2);
the nutrient device is adapted to regulate a composition of the irrigation water (dosing system 128, see col 4, lines 37-54);
the irrigation water passes through the at least one outlet hole to irrigate plants in the at least one plant container (water through pipeline 116/120 to 122 to plants in container 104, see fig 2);
when the irrigation water passes through the drainage hole (184) of the at least one plant container (104), the irrigation water returns to the pipeline through the at least one collection hole (168 in 172, see fig 2);
wherein the at least one plant container of the at least one planting assembly comprises a plurality of plant containers (plurality of containers 104, see figs 2-4); the plant containers of the plurality of plant containers are detachably stacked on one another (removably stacked, see col 3, lines 40-54); and any two plant containers of the plurality of plant containers that are vertically adjacent are connected to each other (see figs 2-4);
Blank fails to disclose the hanging member has a head, wherein the head is detachably engaged with the at least one positioning portion of the fixing rack, and wherein any two plant containers of the plurality of plant containers that are vertically adjacent are enhanced in stacking stability to each other through at least one buckle; wherein the at least one buckle protrudes from an outer peripheral surface of the plurality of plant containers.
Kalayjian teaches the hanging member has a head (54, see fig 3), wherein the head is detachably engaged with the at least one positioning portion (302, see fig 3) of the fixing rack.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the head and positioning portion of Kalayjian with a reasonable expectation of success because this will allow for easy attachment and removal of the hanging member as needed for harvesting or cleaning.
Rabe teaches wherein any two plant containers (2) of the plurality of plant containers that are vertically adjacent are enhanced in stacking stability to each other through at least one buckle (connecting element 5, see figs 3, 7 and 12); wherein the at least one buckle protrudes from an outer peripheral surface of the plurality of plant containers (see figs 3, 7 and 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the stacked planters of Blank with the protruding connecting buckle of Rabe with a reasonable expectation of success as this will provide further stability and also ensure the locking mechanism is easily accessible to the user for easy disassembling as needed for maintenance or harvesting.
Regarding claim 6, the modified reference teaches the vertical farming system as claimed in claim 1, and Blank further discloses wherein the water circulation assembly further comprises a filter disposed on the water pathway of the pipeline and located between the at least one outlet hole and the at least one collection hole (filter 118 between 116/120 outlets and 168, see fig 2); and the filter is adapted to filter the irrigation water (see col 4, lines 21-36).
Regarding claim 7, the modified reference teaches the vertical farming system as claimed in claim 1.
The modified reference fails to teach wherein the at least one positioning portion of the fixing rack comprises two support seats; the two support seats are spaced from each other and respectively have a slot with an opening facing upward; the head of the hanging member comprises a rod body, wherein two ends of the rod body are respectively disposed in the two slots of the two support seats.
Kalayjian teaches wherein the at least one positioning portion of the fixing rack comprises two support seats (302, see fig 3); the two support seats are spaced from each other and respectively have a slot with an opening facing upward (two beams of 302 with opening in between, see fig 3); the head of the hanging member comprises a rod body (54), wherein two ends of the rod body are respectively disposed in the two slots of the two support seats (two ends of 54 on support seats 302, see fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the positioning portion and supports of Kalayjian with a reasonable expectation of success because this will allow for a secure connection while also providing easy and efficient attachment and removal of the vertical grow towers as needed for cleaning or harvesting.
Regarding claim 12, the modified reference teaches the vertical farming system as claimed in claim 6.
The modified reference fails to teach wherein the at least one positioning portion of the fixing rack comprises two support seats; the two support seats are spaced from each other and respectively have a slot with an opening facing upward; the head of the hanging member comprises a rod body, wherein two ends of the rod body are respectively disposed in the two slots of the two support seats.
Kalayjian teaches wherein the at least one positioning portion of the fixing rack comprises two support seats (302, see fig 3); the two support seats are spaced from each other and respectively have a slot with an opening facing upward (two beams of 302 with opening in between, see fig 3); the head of the hanging member comprises a rod body (54), wherein two ends of the rod body are respectively disposed in the two slots of the two support seats (two ends of 54 on support seats 302, see fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the positioning portion and supports of Kalayjian with a reasonable expectation of success because this will allow for a secure connection while also providing easy and efficient attachment and removal of the vertical grow towers as needed for cleaning or harvesting.
Claim(s) 2, 4-5, 8 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Blank (US-10136594-B2) in view of Kalayjian (US-12089545-B1) and Rabe (DE-202017006676-U1) as applied to claim 1 above, and further in view of Moffit (US-11089744-B2).
Regarding claim 2, the modified reference teaches the vertical farming system as claimed in claim 2 and Blank further discloses wherein the pipeline of the water circulation assembly is divided by the nutrient device into an irrigation pipeline (supply line 116/120) and a collection pipeline (collection line 172, see fig 2); the irrigation pipeline is disposed above the plurality of plant containers of the at least one planting assembly and has the at least one outlet hole (116/120 above plant containers, see fig 2); the collection pipeline is disposed below the plurality of plant container of the at least one planting assembly and has the at least one collection hole (pipeline 172 below plant containers with collection hole for 168, see fig 2); the plurality of plant containers of the at least one planting assembly comprise a bottom wall (186, see fig 4) and a sidewall disposed along a peripheral edge of the bottom wall (sidewalls of 102, see fig 4); the bottom wall and the sidewall jointly surround to form a receiving space with an opening facing upward (see figs 3-4); the sidewall has at least one protruding portion protruding radially outward (180, see figs 2-3); the at least one protruding portion has an expanded space communicating with the receiving space and an external of the at least one plant container (180, see figs 2-3); and the bottom wall has the drainage hole communicating with the receiving space (184, see fig 4).
The modified reference fails to explicitly teach the expanded space of the at least one protruding portion receives a part of the irrigation water.
Moffit teaches the expanded space of the at least one protruding portion receives a part of the irrigation water (see fig 1, water spray extending into expanded space).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the spray of Moffit extending into the expanded space of the protruding portion with a reasonable expectation of success because this will ensure the entirety of the plant receives water, not just the portion within the tower.
Regarding claim 4, the modified reference teaches the vertical farming system as claimed in claim 2 and Blank further discloses wherein the water circulation assembly comprises at least one collection portion (reservoir 108, see fig 2); the at least one collection portion is connected to the collection pipeline and has a communicating hole communicating with the at least one collection hole (reservoir 108 in communication with pipeline 172 and collection hole 168).
Regarding claim 5, the modified reference teaches the vertical farming system as claimed in claim 1 and Blank further discloses wherein the nutrient device comprises a nutrient regulator (dosing system 128), a sensor is electrically connected to the nutrient regulator (float based sensor or other measuring device 126, see col 4, lines 37-54); the water quality sensor controls the nutrient regulator to regulate the composition of the irrigation water (dosing system turns on based on sensor levels, see col 4, , lines 37-54).
The modified reference fails to teach being a water quality sensor and adapted to detect the composition of the irrigation water.
Moffit teaches wherein the nutrient device comprises a water quality sensor (sensor for monitoring nutrient mix, see col 13, lines 14-22), the water quality sensor is electrically connected to the nutrient regulator and is adapted to detect the composition of the irrigation water (sensor for monitoring nutrient mix, see col 13, lines 14-22); the water quality sensor controls the nutrient regulator to regulate the composition of the irrigation water (control unit programmed to receive data from sensors & compare data to presets and adjust accordingly, see col 9, lines 54-67, col 10, lines 1-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the water quality sensor of Moffit with a reasonable expectation of success because this will ensure the plants are receiving optimal levels of nutrients to further their growth.
Regarding claim 8, the modified reference teaches the vertical farming system as claimed in claim 2.
The modified reference fails to teach wherein the at least one positioning portion of the fixing rack comprises two support seats; the two support seats are spaced from each other and respectively have a slot with an opening facing upward; the head of the hanging member comprises a rod body, wherein two ends of the rod body are respectively disposed in the two slots of the two support seats.
Kalayjian teaches wherein the at least one positioning portion of the fixing rack comprises two support seats (302, see fig 3); the two support seats are spaced from each other and respectively have a slot with an opening facing upward (two beams of 302 with opening in between, see fig 3); the head of the hanging member comprises a rod body (54), wherein two ends of the rod body are respectively disposed in the two slots of the two support seats (two ends of 54 on support seats 302, see fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the positioning portion and supports of Kalayjian with a reasonable expectation of success because this will allow for a secure connection while also providing easy and efficient attachment and removal of the vertical grow towers as needed for cleaning or harvesting.
Regarding claim 10, the modified reference teaches the vertical farming system as claimed in claim 4.
The modified reference fails to teach wherein the at least one positioning portion of the fixing rack comprises two support seats; the two support seats are spaced from each other and respectively have a slot with an opening facing upward; the head of the hanging member comprises a rod body, wherein two ends of the rod body are respectively disposed in the two slots of the two support seats.
Kalayjian teaches wherein the at least one positioning portion of the fixing rack comprises two support seats (302, see fig 3); the two support seats are spaced from each other and respectively have a slot with an opening facing upward (two beams of 302 with opening in between, see fig 3); the head of the hanging member comprises a rod body (54), wherein two ends of the rod body are respectively disposed in the two slots of the two support seats (two ends of 54 on support seats 302, see fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the positioning portion and supports of Kalayjian with a reasonable expectation of success because this will allow for a secure connection while also providing easy and efficient attachment and removal of the vertical grow towers as needed for cleaning or harvesting.
Regarding claim 11, the modified reference teaches the vertical farming system as claimed in claim 5.
The modified reference fails to teach wherein the at least one positioning portion of the fixing rack comprises two support seats; the two support seats are spaced from each other and respectively have a slot with an opening facing upward; the head of the hanging member comprises a rod body, wherein two ends of the rod body are respectively disposed in the two slots of the two support seats.
Kalayjian teaches wherein the at least one positioning portion of the fixing rack comprises two support seats (302, see fig 3); the two support seats are spaced from each other and respectively have a slot with an opening facing upward (two beams of 302 with opening in between, see fig 3); the head of the hanging member comprises a rod body (54), wherein two ends of the rod body are respectively disposed in the two slots of the two support seats (two ends of 54 on support seats 302, see fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the positioning portion and supports of Kalayjian with a reasonable expectation of success because this will allow for a secure connection while also providing easy and efficient attachment and removal of the vertical grow towers as needed for cleaning or harvesting.
Claim(s) 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Blank (US-10136594-B2) in view of Kalayjian (US-12089545-B1), Rabe (DE-202017006676-U1) and Moffit (US-11089744-B2) as applied to claim 2 above, and further in view of Sperry (US-11903351-B2).
Regarding claim 3, the modified reference teaches the vertical farming system as claimed in claim 2 and Blank further discloses wherein each of the plurality of plant containers has a hollow tube (see tube/conduit in figs 3-4); the hanging member has a connecting member (tube/conduit, see figs 3-4); a top end of the connecting member is engaged with the head (tube/conduit connected to head, see figs 3-5).
The modified reference fails to teach the hanging member has a stop block; the connecting member passes through the hollow tube of each of the plurality of plant containers; the stop block is disposed on a bottom end of the connecting member and is in contact with the bottom wall of one of the plurality of plant containers that is bottommost, so that the plurality of plant containers are not detachable relative to the connecting member.
Sperry teaches the hanging member has a stop block (18, see fig 1); the connecting member passes through the hollow tube of each of the plurality of plant containers (11, see fig 1); the stop block is disposed on a bottom end of the connecting member and is in contact with the bottom wall of one of the plurality of plant containers (24) that is bottommost (stop block 18, see fig 1), so that the plurality of plant containers are not detachable relative to the connecting member (stop block 18, see fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the hanging member and stop block configuration of Sperry with a reasonable expectation of success because this will ensure the planters stay securely connected during use.
Regarding claim 9, the modified reference teaches the vertical farming system as claimed in claim 3.
The modified reference fails to teach wherein the at least one positioning portion of the fixing rack comprises two support seats; the two support seats are spaced from each other and respectively have a slot with an opening facing upward; the head of the hanging member comprises a rod body, wherein two ends of the rod body are respectively disposed in the two slots of the two support seats.
Kalayjian teaches wherein the at least one positioning portion of the fixing rack comprises two support seats (302, see fig 3); the two support seats are spaced from each other and respectively have a slot with an opening facing upward (two beams of 302 with opening in between, see fig 3); the head of the hanging member comprises a rod body (54), wherein two ends of the rod body are respectively disposed in the two slots of the two support seats (two ends of 54 on support seats 302, see fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the positioning portion and supports of Kalayjian with a reasonable expectation of success because this will allow for a secure connection while also providing easy and efficient attachment and removal of the vertical grow towers as needed for cleaning or harvesting.
Claim(s) 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Blank (US-10136594-B2) in view of Kalayjian (US-12089545-B1) and Rabe (DE-202017006676-U1) as applied to claim 7 above, and further in view of Clemmer (US-20220046875-A1).
Regarding claim 13, the modified reference teaches the vertical farming system as claimed in claim 7.
The modified reference fails to teach further comprising a transporting device adapted to remove the head of the hanging member from the at least one positioning portion of the fixing rack
or place the head of the hanging member on the at least one positioning portion of the fixing rack.
Clemmer teaches further comprising a transporting device adapted to remove the head of the hanging member from the at least one positioning portion of the fixing rack (see para 0056, robot 160 can detach the hook from the load bar and lowers the vertical grow tower assembly to a harvesting conveyor belt), or place the head of the hanging member on the at least one positioning portion of the fixing rack.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the transporting device of Clemmer with a reasonable expectation of success because this will provide a more autonomous system for removal and transfer of the grow towers as needed for harvesting or cleaning.
Regarding claim 19, the modified reference teaches the vertical farming system as claimed in claim 13.
The modified reference fails to teach wherein the transporting device comprises a track and a hanging mechanism; the track is disposed above the fixing rack; the hanging mechanism is movable along the track; the hanging mechanism comprises a hook, wherein the hook hooks the head and is controlled to lift or descend.
Kalayjian teaches wherein the transporting device comprises a track and a hanging mechanism (see track 302 and connection to supports 302, see fig 3); the track is disposed above the fixing rack (304, see fig 3); the hanging mechanism is movable along the track (see col 5, lines 18-35); the hanging mechanism comprises a connector, wherein the connector hooks the head and is controlled to lift or descend (connector between 304 and 302).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the track conveyor of Kalayjian with a reasonable expectation of success because this will allow for efficient movement of the vertical farming towers to harvesting or growing areas as needed.
The modified reference teaches the claimed invention except wherein the hanging mechanism connector is a hook. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connector of Kalayjian to be a hook with a reasonable expectation of success because this will ensure a secure connection while still proving an easy removal process, and since the equivalence of a hook and connector for their use in the connecting art and the selection of any known equivalents to connect or hang a tower would be within the level of ordinary skill in the art.
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-13 and 19 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amendments to claim 1 regarding the buckle have resulted in a new grounds of rejection with Rabe and therefore Applicant’s arguments are moot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE ANNE KLOECKER whose telephone number is (571)272-5103. The examiner can normally be reached M-Th: 8:00 -5:30 MST, F: 8:00 - 12:00 MST.
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/K.A.K./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642