Prosecution Insights
Last updated: April 19, 2026
Application No. 18/691,987

ENCLOSED HOME GROWING ENVIRONMENT

Non-Final OA §103
Filed
Mar 14, 2024
Examiner
SHUR, STEVEN JAMES
Art Unit
3647
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Heliponix LLC
OA Round
5 (Non-Final)
62%
Grant Probability
Moderate
5-6
OA Rounds
2y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
171 granted / 275 resolved
+10.2% vs TC avg
Strong +35% interview lift
Without
With
+35.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
32 currently pending
Career history
307
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
22.9%
-17.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 275 resolved cases

Office Action

§103
DETAILED ACTION The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/09/2026 has been entered. Response to Amendment The amendment filed 03/09/2026 has been entered. Claims 1-2, 5-19, and 21-22 remain pending. Claim 23 is new. Claims 3-4 remain canceled. Claim 20 is canceled. Claims 1 and 19 are amended. Claim Rejections - 35 USC § 103 The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-2 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2020/0100444 A1) in view of Massey et al. (WO 2020/041242 A1) and Cudmore et al. (US 2017/0258015 A1). Regarding claim 1, Lu teaches an appliance (Fig. 1; “Hydroponic Plant Grow Cabinet”, Title) comprising: a growing chamber (Fig. 1, “housing” 1 and “main plant growing chamber” 2) defining an interior enclosure (Fig. 1, interior enclosure of “housing” 1 defining “main plant growing chamber” 2) having at least one controllable environmental characteristic (“The control means are responsive to user input commands for controlling various environmental functions”, Para. [0049]), the growing chamber having an open configuration (Fig. 1, with “housing” 1 door shown open; “FIG. 1 represents a schematic perspective view of an embodiment of a grow cabinet according to the invention, where access door to main growing chamber and pre-growing chamber is opened”, Para. [0023]) and a closed configuration (“FIG. 1 depicts only one possible embodiment of the cabinet out of many. FIG. 1 shows an embodiment which could be referred as closed cabinet with one or more access doors.”, Para. [0054]), wherein when the growing chamber is in the open configuration the interior enclosure is exposed to an exterior environment (As shown in Fig. 1 with interior open to exterior environment) and when the growing chamber is in the closed configuration a door (Fig. 1, door of “housing” 1) physically isolates the interior enclosure from the exterior environment (Fig. 1, interior isolated from exterior environment if the door of “housing” 1 is close; “FIG. 1 depicts only one possible embodiment of the cabinet out of many. FIG. 1 shows an embodiment which could be referred as closed cabinet with one or more access doors.”, Para. [0054]); a base (Fig. 1, “collection pan” 25) configured to at least partially extend from the growing chamber when the growing chamber is in the open configuration (Fig. 1 door of “housing” 1 shown open; “The module of plant growing pod stand comprises therefore pod stand 21, pods 23 and collection pan 25, which are slidable as an unit (module) in and out of the main chamber 2 (preferably with collection pan 25).”, Para. [0038]) and to retract within the interior enclosure when the growing chamber is in the closed configuration (Fig. 1, when door of “housing” 1 is closed; “FIG. 1 depicts only one possible embodiment of the cabinet out of many. FIG. 1 shows an embodiment which could be referred as closed cabinet with one or more access doors.”, Para. [0054]; note, “collection pan” 25 described as slidable in and out of “chamber” 2); and a planting column (Fig. 1, “pod stand” 21) positioned over the base and configured to extend and retract together with the base (“The module of plant growing pod stand comprises therefore pod stand 21, pods 23 and collection pan 25, which are slidable as an unit (module) in and out of the main chamber 2 (preferably with collection pan 25).”, Para. [0038]), the planting column in the closed configuration when retracted into the interior enclosure and in the open configuration when extended into the exterior environment (As discussed in Para. [0038], “pan” 25 provides a retractable base). Lu does not expressly disclose further comprising: a reservoir cavity for receiving a removable reservoir, the reservoir cavity positioned below the base and the removable reservoir including a handle; the planting column configured to rotate with respect to the base; the planting column including multiple rings with at least five planting receptacles per ring. However, in an analogous plant growing device art, Massey teaches an appliance (Fig. 1, “plant growing apparatus”, 100) further comprising: a reservoir cavity (Fig. 4, the bottom cavity for receiving “drawer” 120 and “reservoir” 310) for receiving a removable reservoir (Fig. 4, “drawer” 120 and “reservoir” 310; described as removable: “The check valve could prevent the reservoir 310 from leaking from the bulkhead fitting when the reservoir 310 is removed from the drawer 120”, Para. [0074]), the reservoir cavity positioned below a base (Fig. 2, “drawer” 120 and “reservoir” 310 shown positioned below “base plate” 206) and the removable reservoir including a handle (Fig. 4 shows the handle of “drawer” 120 to allow a user to grip the removable reservoir); the planting column configured to rotate with respect to the base (Figs. 11-12; “the plant housing assembly is rotationally coupled to the plant growing apparatus through a friction reducing mechanism positioned between the bottom portion and a base plate”, Para.. [0012]; “The controller 726 may also be in communication with a plant motor 728 that is coupled to the plant housing assembly 204. The controller 726 may selectively power the plant motor 728 to rotate the plant housing assembly 204 about a plant axis 1204 to transition the plants being exposed to the light source 304.”, Para. [0073]); the planting column including multiple rings with at least five planting receptacles per ring (Fig. 13 shows multiple rings with nine receptacles each for plants). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu further comprising: a reservoir cavity for receiving a removable reservoir, the reservoir cavity positioned below the base and the removable reservoir including a handle; the planting column configured to rotate with respect to the base; the planting column including multiple rings with at least five planting receptacles per ring, as taught by Massey, with a reasonable expectation for success, to provide a removable reservoir for maintenance and cleaning, and as a routine substitution of a known equivalent type of reservoirs for performing the same function, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007). Further, regarding modifying the plant columns to rotate with respect to the base, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu, with a reasonable expectation for success, “to transition the plants being exposed to the light source”, as discussed by Massey, Para. [0073]. Lastly, regarding the planting column including multiple rings with at least nine planting receptacles per ring, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu, with a reasonable expectation for success, to hold more individual plants. Lu does not expressly disclose wherein the number of rings are variable to form a desired number of rings or a desired number of planting receptacles. However, in an analogous planting receptacle art, Cudmore teaches wherein the number of rings are variable to form a desired number of rings or a desired number of planting receptacles (“As may be most clearly seen in FIGS. 13-17, the upper rings 60 may form a substantial portion of the modular barrel assembly 10. The number of upper rings 60 may be varied to determine the overall height of the garden tower 1.”, Para. [0043]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu wherein the number of rings are variable to form a desired number of rings or a desired number of planting receptacles, as taught by Cudmore, with a reasonable expectation for success, “to determine the overall height of the garden tower”, as discussed by Cudmore, Para. [0043]. Regarding claim 2, Lu teaches the appliance of claim 1, but does not expressly disclose wherein the planting column includes at least two rings, each of the rings including a plurality of planting receptacles and each of the planting receptacles is configured to receive a seed cartridge. However, in an analogous plant growing art, Massey teaches an appliance (Fig. 1, “plant growing apparatus”, 100) wherein a planting column (Fig. 2, “at least one plant housing assembly”, 204) includes at least two rings (Fig. 9, “plurality of growth rings”, 1206; “Referring now to Fig. 9, a half section view of a portion of the plant housing assembly 204 is illustrated. The plant housing assembly 204 may include a plurality of growth rings 1206 coupled to one another to define the interior passage 1202. Further, the growth rings 1206 may be rotationally coupled to the plant growing apparatus 100 about the plant axis 1204. In this configuration, a grommet 1208 or the like may be positioned around a top through-hole of a top cover 1210. The grommet 1208 may substantially restrict fluid or the like from exiting the top through-hole while allowing the top cover 1210 to rotate about the plant axis 1204.”, para. [0076]), each of the rings including a plurality of planting receptacles (Fig. 14, “plurality of plant openings”, 2202; note the outer planting receptacles of the ring) and each of the planting receptacles is configured to receive a seed cartridge (Note, this is an intended use recitation; “plant pods” described as being received by “plurality of plant openings” 2202: “Further, each growth ring 1206 may have a plurality of plant openings 2202 defined therein. Each plant opening 2202 may be configured to accommodate a plant pod therein to position at least a portion of the plant pod at least partially within the interior passage 1202. The plant openings 2202 may be shaped from portions of a growth ring wall 2204 that are radially expanded from the plant axis 1204. More specifically, each plant opening may be a radial expansion that has an outer profile that defines an axis 2208 that is angled a plant opening angle 2206 relative to the plant axis 1204. Accordingly, as the plant opening 2202 approaches that uppermost portion of the growth ring 1206, the plant opening 2202 may extend farther radially away from the plant axis 1204. In this orientation, the plant pods can be easily placed and maintained in the plant openings 2202.”, Para. [0091]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu wherein the planting column includes at least two rings, each of the rings including a plurality of planting receptacles and each of the planting receptacles is configured to receive a seed cartridge, as taught by Massey, with a reasonable expectation for success, to allow the planting column to hold more plants and as a routine substitution of a known equivalent type of planting columns for performing the same function, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007). Regarding claim 5, Lu as modified by Massey teaches the appliance of claim 1. Further, Massey teaches wherein the planting column (Fig. 2, “at least one plant housing assembly”, 204) includes a drain (Fig. 9, “drain member”, 1802) to allow excess fluids to flow from the drain into the reservoir (As described: “A bottom portion 1212 may be coupled to the bottommost growth ring 1206 and be configured to be manipulated by the plant motor 728 to rotate the plant housing assembly 204. More specifically, the bottom portion may have a drain member 1802 (Fig. 9) extending along the plant axis 204 to provide a location for fluid to drain from the interior passage 1202 to the reservoir 310.”, para. [0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu wherein the planting column includes a drain to allow excess fluids to flow from the drain into the reservoir, as further taught by Massey, with a reasonable expectation for success, to provide excess liquid an unobstructed flow path to the reservoir. Regarding claim 6, Lu as modified by Massey teaches the appliance of claim 1. Further, Massey teaches further comprising: a fluid distribution system (Fig. 9, “fluid path”, 702); a pump (Fig. 9, “pump”, 716) associated the fluid distribution system (As shown in Fig. 9 and described in Para. [0059]) to distribute fluids from the reservoir to at least one planting receptacle of the planting column (“the plant growing apparatus 100 may have a fluid path 702 that directs fluid from a fluid inlet 704 positioned in the reservoir 310 to a nozzle 1302 that is at least partially positioned within the interior passage 1202. In one embodiment of this disclosure, the fluid system may include a water condenser 706, a nebulizer 708, a fluid level sensor 710, an ultraviolet (UV) light filter 712, anode probes 714, a pump 716, a flow meter 718, and a deionizer 720 to name a few non-exclusive examples. The fluid system may be configured to deliver the proper volume and quality of fluid to roots of any plants positioned in the plant housing assembly 204.”, Para. [0059]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu further comprising: a fluid distribution system; and a pump associated the fluid distribution system to distribute fluids from the reservoir to at least one planting receptacle of the planting column, as further taught by Massey, with a reasonable expectation for success, “to deliver the proper volume and quality of fluid to roots of any plants positioned in the plant housing assembly 204”, as discussed by Massey, para. [0059]. Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2020/0100444 A1) in view of Massey et al. (WO 2020/041242 A1) and Cudmore et al. (US 2017/0258015 A1) as applied to claims 1 and 10 above, further in view of Sun et al. (CN112514678A). Regarding claim 7, Lu in view of Massey and Cudmore teaches the appliance of claim 1, but does not expressly disclose wherein the appliance is integrated into a refrigeration unit. However, in an analogous plant growing art, Sun teaches the appliance (Fig. 1) is integrated into a refrigeration unit (Fig. 1, “refrigerating mechanism”, 3; “Referring to fig. 1-5, a water vapor extraction device for an intelligent flowerpot comprises a housing 1, the housing 1 includes an upper housing 101 and a lower housing 102, air inlets 2 are respectively formed on both left and right sides of the upper housing 101, a refrigeration mechanism 3 and an extraction assembly 4 are arranged inside the housing 1”, Detailed Description, para. 4, Translation). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu wherein the appliance is integrated into a refrigeration unit, as taught by Sun, with a reasonable expectation for success, to control the temperature of water in the reservoir of Lu with the refrigerating mechanism of Sun. Regarding claim 8, Lu as modified by Massey, Cudmore, and Sun teaches the appliance of claim 7. Further, Sun teaches wherein the reservoir (Fig. 1, “collecting bin”, 44) is in fluid communication with a water source associated with the refrigeration unit (Describes the water droplets formed from “cold guide block” 35 of “refrigerating mechanism” 3 in communication with “collecting bin” 44: “the refrigeration mechanism 3 includes…a cold guide block 35 is arranged on a cold end surface of the bottom of the semiconductor refrigeration sheet 31, the extraction assembly 4 includes an extraction box 41, a filter layer 42 fixedly connected with the inner side wall is arranged inside the extraction box 41, the filter layer 42 divides the interior of the extraction box 41 into a water taking bin 43 and a water collecting bin 44 from top to bottom, the bottom of the cold guide block 35 penetrates and extends to the interior of the water taking bin 43, the right side of the water collecting bin 44 is communicated with a water outlet pipe 5”, Detailed Description, para. 4, Translation). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu wherein a reservoir associated with the planting column is in fluid communication with a water source associated with the refrigeration unit, as further taught by Sun, with a reasonable expectation for success, to control the temperature of water in the reservoir of Lu with the refrigerating mechanism of Sun. Regarding claim 9, Lu as modified by Massey, Cudmore, and Sun teaches the appliance of claim 8. Further, Sun teaches wherein the water source is at least one of: condensation on a condenser of the refrigeration unit (Describes the water source is condensate water droplets formed from “cold guide block” 35 of “refrigerating mechanism” 3 in communication with the “collecting bin” 44: “the refrigeration mechanism 3 includes…a cold guide block 35 is arranged on a cold end surface of the bottom of the semiconductor refrigeration sheet 31, the extraction assembly 4 includes an extraction box 41, a filter layer 42 fixedly connected with the inner side wall is arranged inside the extraction box 41, the filter layer 42 divides the interior of the extraction box 41 into a water taking bin 43 and a water collecting bin 44 from top to bottom, the bottom of the cold guide block 35 penetrates and extends to the interior of the water taking bin 43, the right side of the water collecting bin 44 is communicated with a water outlet pipe 5”, Detailed Description, para. 4, Translation); condensation on a compressor of the refrigeration unit; or a water line associated with the refrigeration unit. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu wherein the water source is at least one of: condensation on a condenser of the refrigeration unit; condensation on a compressor of the refrigeration unit; or a water line associated with the refrigeration unit, as further taught by Sun, with a reasonable expectation for success, to control the temperature of water in the reservoir of Lu with the refrigerating mechanism of Sun. Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2020/0100444 A1) in view of Massey et al. (WO 2020/041242 A1) and Cudmore et al. (US 2017/0258015 A1) as applied to claim 1 above, further in view of Ellins et al. (US 2017/0094920 A1). Regarding claim 21, Lu in view of Massey and Cudmore teaches the appliance of claim 1, but does not expressly disclose further comprising: a sensor to generate sensor data associated with at least one plant being cultivated within the growing chamber; and a system to: determine, based at least in part on the sensor data, that the plant has reached a maximum growth; and responsive to determining that the plant has reached the maximum growth, sending a harvest alert to a user associated with the appliance. However, in an analogous growth chamber art, Ellins teaches further comprising: a sensor to generate sensor data associated with at least one plant being cultivated within the growing chamber (Fig. 6, “pH and EC sensor…and other sensors” from Para. [0181]; and a system to: determine, based at least in part on the sensor data, that the plant has reached a maximum growth (“Referring again to FIG. 6, there is shown the pH sensor and EC sensor within the drain tank to measure and provide data as to what the nutrient levels are within the tank. The use of a pH sensor and EC sensor are exemplary and other sensors may be employed to provide specific data based upon on individual nutrient concentrations, the plant that is being grown, the stage of the growth cycle and the determination by the operator as to what they deem to be optimal. Thus, this can be a way of providing alternate chemical levels to study the effects on various plants at different stages of the growth cycle.”, Para. [0181]; therefore, system capable of sensing stage of growth); and responsive to determining that the plant has reached between approximately 90 and 95 percent of the maximum growth, sending a harvest alert to a user associated with the appliance (“The invention further relates to a suite of enclosed chambers, each of which has dedicated and integrated growth optimization systems to provide a first stage sterile growth environment for tissue cultures and generating mini-clones, a second stage growth chamber for rooting mini-clones, a third stage growth chamber for growing plants to a size suitable for flowering, a fourth stage growth chamber to accelerate and optimize the growth of the flowering plants and a fifth stage chamber for uniformly and in a controlled manner curing the harvested flowers. Each of the growth chambers has a series of sensors and controls to provide optimal moisture, nutrients, carbon dioxide, LED light energy and related growth and performance optimizing agents to the plant at its respective stage in the growth cycle and to create a standardized, replicable uniform and quality certifiable plant, particularly for medical therapies, in an automated, controlled and contained manner.”, Para. [0007]; “Plants are harvested when the flowers are ripe. Generally, ripeness for Cannabis is defined as when the white pistils start to turn brown, orange, etc. and start to withdraw back into the false seed pod. The seed pods swell with resins usually reserved for seed production, and we have ripe flowers with red and golden hairs.”, Para. [0031]; “Another aspect of the invention is to employ the monitoring and adjustment means to provide data to permit optimization and standardization of the growth and yield of medicinal and recreational plants and non-medical plants to couple to the various grow environment enclosures, to allow remote monitoring and control of each of the grow environment system enclosures, including alerts for each of the real-time sensed parameters.”, Para. [0065]; therefore, system provided is capable of monitoring growth stage and sending alerts). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance of Lu further comprising: a sensor to generate sensor data associated with at least one plant being cultivated within the growing chamber; and a system to: determine, based at least in part on the sensor data, that the plant has reached a maximum growth; and responsive to determining that the plant has reached the maximum growth, sending a harvest alert to a user associated with the appliance, as taught by Ellins, with a reasonable expectation for success, since “controlling and regulating plant growth, development and performance at any stage of a plant's development including propagating, growth, flowering, fruit formation or during processes associated with the handling of the culture through multiple automated, enclosed and controlled environmental systems and thereby standardizing the resultant product”, as discussed by Ellins, Abstract. Lu as modified by Massey and Ellins is silent on determining between 90 and 95 precent of a maximum growth. However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the appliance further including determining between 90 and 95 precent of a maximum growth, since the thresholds of the sensors are not integral to the device’s function, rather it is a result of other parameters chosen. For example, while limiting the threshold could provide benefits to the providing time to harvest, it does not directly impact how the device is constructed or operated. One of ordinary skill in the art is expected to routinely experiment with the parameters, especially when the specifics are not disclosed, so as to ascertain the optimum or workable ranges for a particular use. Where the general conditions of a claim are disclosed in the prior art, such as sensors monitoring and optimizing each stage of growth of a plant as disclosed by Ellins, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. “The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. . . . In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range.” In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2020/0100444 A1) in view of Massey et al. (WO 2020/041242 A1) and Cudmore et al. (US 2017/0258015 A1) as applied to claim 10 above, further in view of Burrell (GB 2431328 A). Regarding claim 22, Lu in view of Massey and Cudmore teaches the system of claim 1, further Lu teaches comprising a second planting column (Figs. 1-2, two “pod stands” 21 shown) positioned over the base and configured to extend and retract together with the base (As shown in Figs. 1-2; further described: “The module of plant growing pod stand comprises therefore pod stand 21, pods 23 and collection pan 25, which are slidable as an unit (module) in and out of the main chamber 2 (preferably with collection pan 25).”, Para. [0038]); Lu does not expressly disclose wherein the first planting column and the second planting column may individually rotate in either the open configuration or the closed configuration. However, in an analogous plant growing art, Burrell teaches an appliance (Fig. 1, hydroponics assembly”, 10) wherein the first planting column and the second planting column (Fig. 1, “support bodies” 14; “The or each support body 14 supports a plurality of elongate porous plant supports 20 such that each plant support 20 extends substantially vertically.”, Abstract) may individually rotate (Fig. 1, “rotating means”, 34; described as two individual, separate means: “In the embodiment shown the rotating means 34 comprises a respective pulley wheel 38 for each support body 14, the pulley wheels 38 being interconnected by a drive belt 40 which in turn is driven by an electric motor 42. Other types of rotating means 34 are also possible.”, p. 6, lines 17-20) in either the open configuration or the closed configuration (Note, Lu above is relied upon for teaching a surrounding housing with walls and a door which may be open or closed). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Lu wherein the first planting column and the second planting column may individually rotate in either the open configuration or the closed configuration, as taught by Burrell, with a reasonable expectation for success, to allow the planting columns of Lu to be able to rotate to selectively expose different sides of the plants to different conditions, such as transitioning each plant to be hit by the light source. Allowable Subject Matter Claims 10-19 and 23 are allowed. The following is an examiner’s statement of reasons for allowance: the prior art of record fails to disclose or render obvious the combined limitations of Applicant’s claimed invention. Specifically, a system comprising: a growing chamber having at least one wall associated with a rear of the system and a door to define an interior enclosure, the door slidable by a motor from a front of the system in the closed configuration to the rear of the system in the open position. Further, an appliance comprising: three physically isolated chambers including: a first refrigeration chamber; a second freezer chamber; and a third growing chamber as specifically required by the claims. Lu et al. (US 2020/0100444 A1) in view of Massey et al. (WO 2020/041242 A1), Cudmore et al. (US 2017/0258015 A1), Sun et al. (CN112514678A), and Lo et al. (US 6,134,831) teaches a similar system or appliance as the claimed invention. However, Lu et al. in view of Massey et al., Cudmore et al., Sun et al., and Lo et al. all lack the door slidable by a motor from a front of the system in the closed configuration to the rear of the system in the open position. Further, the appliances of Lu et al. in view of Massey et al., Cudmore et al., Sun et al., and Lo et al. all lack a first refrigeration chamber, a second freezer chamber, and a third growing chamber with the three chambers physically isolated. Thus the prior art does not fairly teach these features as specifically required by the claimed invention. Response to Arguments Applicant's arguments filed 03/09/2026 regarding claim 1 have been considered but are moot because the new ground of rejection relies on Cudmore et al. (US 2017/0258015 A1) for the added limitations in the amended claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J SHUR whose telephone number is (571)272-8707. The examiner can normally be reached Mon - Fri 8:00 am - 4:00 pm EDT. 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, Kimberly Berona can be reached on (571)272-6909. 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. /S.J.S./Examiner, Art Unit 3647 /Christopher D Hutchens/Primary Examiner, Art Unit 3647
Read full office action

Prosecution Timeline

Mar 14, 2024
Application Filed
Mar 05, 2025
Non-Final Rejection — §103
Apr 03, 2025
Response Filed
Jul 11, 2025
Final Rejection — §103
Aug 11, 2025
Request for Continued Examination
Aug 13, 2025
Response after Non-Final Action
Aug 21, 2025
Non-Final Rejection — §103
Dec 01, 2025
Response Filed
Dec 12, 2025
Final Rejection — §103
Mar 09, 2026
Request for Continued Examination
Mar 26, 2026
Response after Non-Final Action
Mar 30, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
62%
Grant Probability
97%
With Interview (+35.1%)
2y 9m
Median Time to Grant
High
PTA Risk
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