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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9, in the reply filed on 10/16/2025 is acknowledged.
The reply on 10/16/2025 is silent on which species is elected. During a telephone conversation with Joseph A. Andelin on 3/18/2026, a provisional election was made without traverse to prosecute the invention of Group I and Species I, claims 1-9. Affirmation of this election must be made by applicant in replying to this Office action. Claims 10-14 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claim 7’s “wherein the base frame and the top frame each comprise a plurality of tubing joined together to form the one or more open spaces” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 7 and 8 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 7 recites “a plurality of tubing” but the figures do not show any kind of tubing. Rather, the figures show rectangular beams connected together to form the frames. It is unclear what is “a plurality of tubing” in the invention.
Dependent claim 8 fails to solve the deficiency.
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.
Claims 1-3, 5, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Atkinson in view of Olsen et al. (US 20200253134), hereinafter Olsen.
Regarding claim 1, Atkinson teaches of (fig. 1) a side panel for a raised bed (can make a raised bed in the hothouse) greenhouse comprising:
a base frame that defines one or more open spaces covered by a transparent sheet (col. 1 lines 52-56, frame by transparent side walls 1 has one or more open spaces covered by the transparent side walls 1);
a top frame that defines one or more open spaces covered by a transparent sheet (frame by transparent ventilators 12 has one or more open spaces covered by transparent surfaces of ventilators 12);
wherein the base frame and the top frame are joined at an angle (joined at a straight angle);
a door disposed in the top frame (ventilators 12 are doors that open and close) and transitionable between an open position and a closed position (seen in fig. 1); and
one or more fasteners for adjacently coupling the side panel with another side panel or an end panel (joining of the side walls together with another side wall or with an end wall requires one or more fastener).
Atkinson does not appear to teach of a modular prefabricated side panel for a raised bed greenhouse; and a modular prefabricated end panel.
Olsen teaches of a modular prefabricated side panel for a raised bed greenhouse (abstract, prefabricated garden box for use in growing plants with a raised bed; fig. 2, modular side panel seen in fig. 2); and a modular prefabricated end panel (fig. 1, end panel with rigid panel 102 and wooden panel 110 is modular to attach to the side panels).
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 Atkinson to incorporate the teachings of Olsen of a modular prefabricated side panel for a raised bed greenhouse; and a modular prefabricated end panel in order to facilitate construction of a raised bed greenhouse that is easily transported and assembled as motivated by Olsen in para. 0006.
Regarding claim 2, Atkinson as modified teaches of claim 1, and wherein the door is hingeably coupled with the top frame (fig. 1, door 12 is hingeably coupled with the top frame).
Regarding claim 3, Atkinson as modified teaches of claim 1, but does not appear to teach of wherein the door is slidably disposed in the top frame.
Olsen teaches of wherein the door is slidably disposed in the top frame (fig. 1, ¶0041, sliding rigid panel 106 is a door in the top frame).
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 Atkinson to incorporate the teachings of Olsen of wherein the door is slidably disposed in the top frame in order to use an opening mechanism that is more compact and saves space, and has a smooth-slide mechanism that requires little difficulty to open and close.
Regarding claim 5, Atkinson as modified teaches of claim 1, but does not appear to teach of wherein the fastener is a mechanical fastener.
Olsen teaches of wherein the fastener is a mechanical fastener (¶0034, panels can be affixed to posts by using means known to those skill in the art, including adhesive, screws, bolts, rivets, friction fits, and the like. ¶0040, A plurality of bolts, nuts, screws and nails may be used to form the raised bed enclosure 100, including ⅝ coated screws, staples, bonded washers, shoulder screws, angle brackets, and anchor bolts).
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 Atkinson to incorporate the teachings of Olsen of wherein the fastener is a mechanical fastener in order to use well-known fasteners that offer secure, strong, and fast assembly between panels and various components.
Regarding claim 7, Atkinson as modified teaches of claim 1, and (fig. 1) wherein the base frame and the top frame each comprise a plurality of tubing joined together to form the one or more open spaces (as best understood by the 112b rejection above, the base frame and top frame each comprise a plurality of tubing, or beams, joined together to form the one or more open spaces).
Regarding claim 9, Atkinson as modified teaches of claim 1, but does not appear to teach of wherein the side panel is stackable with identical side panels.
Olsen teaches of wherein the side panel is stackable with identical side panels (fig. 2, the identical side panels can stack on top of each other when laid down).
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 Atkinson to incorporate the teachings of Olsen of wherein the side panel is stackable with identical side panels in order to easily and compactly store components of the assembly for easier storage and transportation.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Atkinson, as applied to claim 1 above, and further in view of Stocking, Jr (US 2545713).
Regarding claim 4, Atkinson as modified teaches of claim 1, but does not teach of wherein the angle between the base frame and the top frame is about 72 degrees.
Stocking, Jr teaches of (fig. 1) wherein the angle between the base frame (base 10) and the top frame (bars 13) is about 72 degrees (fig. 1, col. 1 lines 1-5, any angle can be used for construction of the components of the greenhouse; angle between the base frame 10 and bars 13 is between 0 and 90 degrees).
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 Atkinson to incorporate the teachings of Stocking, Jr of wherein the angle between the base frame and the top frame is about 72 degrees or any desired angle in order to change the angle of sunlight into the greenhouse or to change the amount of space the greenhouse occupies.
It should be noted that the angle as claimed does not show criticality as disclosed in the specifications or the drawings.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the angle between the base frame and the top frame to be any desired angle in order to change the angle of sunlight into the greenhouse or to change the amount of space the greenhouse occupies, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Atkinson, as applied to claim 1 above, and further in view of Moore (US 20060048459).
Regarding claim 6, Atkinson as modified teaches of claim 1, but does not appear to teach of wherein the top frame defines an uncovered open space.
Moore teaches of wherein the top frame (wall panels 27) defines an uncovered open space (fig. 1, ¶0088, uncovered window openings 34 by the top of wall panels 27).
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 Atkinson to incorporate the teachings of Moore of wherein the top frame defines an uncovered open space in order to provide optimal visibility and daylight admission into the building as motivated by Moore in para. 0088.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Atkinson, as applied to claim 7 above, and further in view of Smith et al. (US 20160366837), hereinafter Smith.
Regarding claim 8, Atkinson as modified teaches of claim 7, but does not appear to teach of wherein the tubing is joined together by welding.
Smith teaches of wherein the tubing is joined together by welding (fig. 24, ¶0072, The sidewall section 68 could comprise a rectangular framework 42 of parallel oriented vertical tubing and horizontal tubing as welded, bonded or formed together).
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 Atkinson to incorporate the teachings of Smith of wherein the tubing is joined together by welding in order to create a high-strength joint that does not cause structural damage to the components.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647