DETAILED ACTION
The Amendment filed 8/25/2026 has been entered.
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 1-13 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 independent claim 1 recites “a remote service center external to the built environment”. The disclosure as filed provides no explicit or implied support for this limitation.
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.
Claims 14-20 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 14 recites the limitation "the remote service center". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7, 12, and 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kincaid et al. (US 2020/0128761).
Regarding independent claim 1, Kincaid discloses a vegetation wall system comprising: an indoor and/or outdoor vertical plant growing system including at least one plant growing module (106); the plant growing system including at least one control module (360) measuring, analyzing and controlling a status of the at least one plant growing module; and wherein, when the vegetation wall system is installed in a bult environment, the at least one control module communicates data representing the status of the at least one plant growing module to a remote service center external to the built environment that process the data to generate a maintenance schedule for the plant growing system (see at least paras. 0016, 0047 and 0049), and the remote service center transmits the maintenance schedule to the at least one control module or to a client device associated with the vegetation wall system (see at least paras. 0016, 0047, and 0049, and see applicant’s remarks filed 8/25/2026, page 9).
Regarding dependent claims 2-7 and 12, Kincaid discloses that the plant growing system is a freestanding modular structure (see Fig. 2 and at least para. 0041). The at least one control module generates the data by measuring a status of vegetation planted in the at least one plant growing module and measuring a status of surroundings of the plant growing system (see at least paras. 0045-0047). The status of the vegetation includes information representing at least one of irrigation, lighting, nutrition and maintenance of the vegetation (see at least paras. 0045-0047). The status of the surroundings includes information representing at least one of temperature, humidity, air quality, CO2 content, particulate matter, virus detection, scent detection, light level, sound level and types of sounds, foot traffic, building occupancy, building control notifications, building usage, building power, building heat and cooling and compliance with building standards (see at least paras. 0045-0047). The at least one control module is adapted to communicate wirelessly and/or wired with at least one of the service center, a client associated with the vegetation wall system, a technician that performs maintenance and repair services for the vegetation wall system, a robot that performs maintenance and repair services for the vegetation wall system, another of the at least one plant growing module and an advertising source (see at least paras. 0047 and 0049). Kincaid further discloses a display panel that displays at least one of information representing the status of the at least one plant growing module, a status of the vegetation wall system and/or advertising received from the advertising source (see Fig. 7 and at least para. 0049). Kincaid further discloses a lighting unit (108) controlled by the at least one control module to provide regulated light to the at least one plant growing module.
Regarding independent claim 14, Kincaid discloses a method for operating a vegetation wall system, the method comprising the steps of installing a plant growing system in a built environment, the plant growing system being an indoor and/or outdoor vertical plant growing system including a plurality of plant growing modules (see at least paras. 0041-0042); wherein the plant growing system includes at least one control module (360) adapted to measure, analyze and control a status of each of the plant growing modules; planting vegetation in each of the plant growing modules (see at least para. 0009); operating the at least one control module to measure the status of each of the plant growing modules (see at least paras. 0044-0047); communicating from the at least one control module to a service center data representing the status of the plant growing modules wherein the service center processes the data to generate a maintenance schedule for the plant growing system (see at least paras. 0016, 0047 and 0049) and transmitting the maintenance schedule from the remote service center to the at least one control module or to a client device associated with the vegetation wall system (see at least paras. 0016 and 0049, and see applicant’s remarks filed 8/25/2026, page 9).
Regarding claims 15-18, Kincaid discloses generating the data by measuring a status of the vegetation planted in the plant growing modules and measuring a status of surroundings of the plant growing system (see at least paras. 0045-0047); measuring the status of the vegetation by measuring at least one of irrigation, lighting, nutrition and maintenance of the vegetation (see at least paras. 0045-0047); measuring the status of the surroundings by measuring at least one of temperature, humidity, air quality, CO2 content, particulate matter, virus detection, scent detection, light level, sound level and types of sounds, foot traffic, building occupancy, building control notifications, building usage, building power, building heat and cooling and compliance with building standards (see at least para. 0045-0047); and sending from the at least one control module to a display panel information representing the status of the plant growing modules, a status of the vegetation wall system and/or advertising received from an advertising source, the display panel displaying the information (see Fig. 7 and at least para. 0049).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid et al. (US 2020/0128761).
Kincaid discloses a vegetation wall system comprising: an indoor and/or outdoor vertical plant growing system including at least one plant growing module (106); the plant growing system including at least one control module (360) measuring, analyzing and controlling a status of the at least one plant growing module; and wherein, when the vegetation wall system is installed in a bult environment, the at least one control module communicates data representing the status of the at least one plant growing module to a remote service center external to the built environment that process the data to generate a maintenance schedule for the plant growing system (see at least paras. 0016, 0047 and 0049), and the remote service center transmits the maintenance schedule to the at least one control module or to a client device associated with the vegetation wall system (see at least paras. 0016, 0047, and 0049, and see applicant’s remarks filed 8/25/2026, page 9).
Kincaid discloses all the limitations of the claim, but it does not disclose another plant growing module is included in another vegetation wall system that is located on a different floor of a building than a floor of the building on which the at least one plant growing module is located. Rather, Kincaid discloses a single plant growing module on a floor of a building. However, having another plant growing module included in another vegetation wall system that is located on a different floor of a building than a floor of the building on which the at least one plant growing module is located is a mere duplication of parts disclosed by Kincaid and obvious because it produces no new and unexpected results (see MPEP §2144.04(VI)(B)). Having vegetation walls on multiple floors of a building would green more of the building. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to have another plant growing module is included in another vegetation wall system that is located on a different floor of a building than a floor of the building on which the at least one plant growing module is located for the purpose of greening multiple floors of a building.
Claim(s) 9-11, 13, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid et al. (US 2020/0128761) in view of Bertram et al. (US 2022/0087114).
Kincaid discloses a vegetation wall system comprising: an indoor and/or outdoor vertical plant growing system including at least one plant growing module (106); the plant growing system including at least one control module (360) measuring, analyzing and controlling a status of the at least one plant growing module; and wherein, when the vegetation wall system is installed in a bult environment, the at least one control module communicates data representing the status of the at least one plant growing module to a remote service center external to the built environment that process the data to generate a maintenance schedule for the plant growing system (see at least paras. 0016, 0047 and 0049), and the remote service center transmits the maintenance schedule to the at least one control module or to a client device associated with the vegetation wall system (see at least paras. 0016, 0047, and 0049, and see applicant’s remarks filed 8/25/2026, page 9).
Kincaid additionally discloses a method for operating a vegetation wall system, the method comprising the steps of installing a plant growing system in a built environment, the plant growing system being an indoor and/or outdoor vertical plant growing system including a plurality of plant growing modules (see at least paras. 0041-0042); wherein the plant growing system includes at least one control module (360) adapted to measure, analyze and control a status of each of the plant growing modules; planting vegetation in each of the plant growing modules (see at least para. 0009); operating the at least one control module to measure the status of each of the plant growing modules (see at least paras. 0044-0047); communicating from the at least one control module to a service center data representing the status of the plant growing modules wherein the service center processes the data to generate a maintenance schedule for the plant growing system (see at least paras. 0016, 0047 and 0049) and transmitting the maintenance schedule from the remote service center to the at least one control module or to a client device associated with the vegetation wall system (see at least paras. 0016, 0047, and 0049, and see applicant’s remarks filed 8/25/2026, page 9).
Regarding claims 9-11 and 19, Kincaid discloses all the limitations of the claims, but it does not disclose that the at least one control module includes a robot adapted to perform or controlling the robot to perform maintenance, repair and delivery services to the plant growing system; the robot performs plant trimming, performs misting and delivers nutrients to vegetation planted in the at least one plant growing module; or that the robot is adapted to place the at least one plant growing module in the vegetation wall system and to replace the at least one plant growing module with another plant growing module. However, Bertram discloses a similar system/method which includes at least one control module including a robot (600) adapted to perform or controlling the robot to perform maintenance, repair and delivery services to the plant growing system (see at least para. 0042); the robot performs plant trimming, performs misting and delivers nutrients to vegetation planted in the at least one plant growing module (see at least para. 0042); and the robot is adapted to place the at least one plant growing module in the vegetation wall system and to replace the at least one plant growing module with another plant growing module (see at least para. 0066) for the purpose of fully automating the system. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Kincaid by having the at least one control module include a robot adapted to perform or controlling the robot to perform maintenance, repair and delivery services to the plant growing system; having the robot perform plant trimming, perform misting and deliver nutrients to vegetation planted in the at least one plant growing module; and have the robot adapted to place the at least one plant growing module in the vegetation wall system and to replace the at least one plant growing module with another plant growing module, as disclosed by Bertram, for the purpose of fully automating the system.
Regarding claims 13 and 20, Kincaid discloses all the limitations of the claims, but it does not disclose that the plant growing system includes a plurality of the at least one plant growing module, the at least one control module measures, analyzes and controls a status of each of the plant growing modules, and when the vegetation wall system is installed in a built environment, the at least one control module communicates data representing the status of each of the plant growing modules to a service center that processes the data to generate a maintenance schedule for the plant growing system; and it does not disclose operating the at least one control module to exchange information with another control module of another vegetation wall system installed in the built environment. Rather, Kincaid discloses that the plant growing system only includes one plant growing module and the control module communicates data representing that one growing module to the service center. However, Bertram discloses a similar system and method which includes a plurality of the at least one plant growing modules (313), the at least one control module measures, analyzes and controls a status of each of the plant growing modules, and when the vegetation wall system is installed in a built environment, the at least one control module communicates data representing the status of each of the plant growing modules to a service center that processes the data to generate a maintenance schedule for the plant growing system (see at least paras. 0081, 0093, and 0116); and Bertram discloses operating the at least one control module to exchange information with another control module of another vegetation wall system installed in the built environment (see at least para. 0041) for the purpose of having and controlling multiple plant systems. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Kincaid by having the plant growing system include a plurality of the at least one plant growing module, the at least one control module measures, analyzes and controls a status of each of the plant growing modules, and when the vegetation wall system is installed in a built environment, the at least one control module communicates data representing the status of each of the plant growing modules to a service center that processes the data to generate a maintenance schedule for the plant growing system; and operating the at least one control module to exchange information with another control module of another vegetation wall system installed in the built environment, as disclosed by Bertram, for the purpose of having and controlling multiple plant systems.
Response to Arguments
Applicant's arguments filed 8/25/2026 have been fully considered but they are not persuasive.
The applicant states that Kincaid does not disclose a “remote service center external to the built environment that processes the data to generate a maintenance schedule” and “transmits the maintenance schedule back to the at least one control module or to a client device associated with the vegetation wall system” as recited in the independent claims. The examiner disagrees with the applicant. At least in paragraphs 0016, 0047, and 0049, Kincaid discloses a “remote service center external to the built environment that processes the data to generate a maintenance schedule” and “transmits the maintenance schedule back to the at least one control module or to a client device associated with the vegetation wall system”. The structure and processes recited in Kincaid read on the limitations of the independent claims.
The applicant’s remarks regarding the rejections under 35 U.S.C. §103 appear to restate the remarks regarding the rejections under 35 U.S.C. §102 addressed above.
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 PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK H MACKEY/Primary Examiner, Art Unit 3653
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