DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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.
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.
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.
Claims 1-6 and 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2020/154767 henceforth Lee) in view of Umpstead (US 2016/0135395).
Regarding claim 1, Lee discloses a column segment for growing plants or crops, comprising: a plurality of wall panels (four segment walls 89), at least one opening in the wall panel in which at least one pot for holding plants can be located (opening located in protrusion 83, fig. 10); a diffuser (end member 85, para. 0117) which is configured to locate the wall panel in a predetermined position that forms an internal cavity (walls are held together by end member 85, para. 0117), and to distribute liquid into the internal cavity such that a greater amount of fluid is directed proximate the at least one opening in the wall panels relative to the rest of the cavity (end member 85 comprises drainage holes 88 and openings 86 which direct water into channel members 87, para. 0117) but fails to teach a locking ring which secures the wall panels and diffuser together in the predetermined position. However, Umpstead teaches a locking ring (gasket 455) which secures wall panels and diffuser together in a predetermined position (gasket 455 is configured to align with and seal adjoining sections, para. 0097). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify Lee’s system with gasket as taught by Umpstead to seal adjoining sections to prevent leaks.
Regarding claim 2, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein a seal exists between the plurality of wall panels when assembled together (seal is created between connecting elements 810A and 811 of adjacent segment walls 89A, para. 0121).
Regarding claim 3, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein each wall panel includes a first sealing member on a side (810A) and a second sealing member (811A) extending from an opposing side such that when two panels are located in the predetermined position (fig. 13C), and the seal is formed by the first and second sealing members co-operating to prevent liquid from passing between the two panels (para. 0121).
Regarding claim 4, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein the diffuser (end member 85, para. 0117) is further configured to also locate the wall panels of a second column segment in addition to the wall panels of a first column segment (first single segment 81 is inserted into a bottom portion of end member 85 and a second single segment 81 is inserted into a top portion of end member 85, fig. 9).
Regarding claim 5, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein the diffuser is configured to locate the wall panels of the first column segment below the diffuser and the wall panels of the second column segment above the diffuser (fig. 9).
Regarding claim 6, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein the first sealing member is an integrated lip seal (connecting member 810A, para. 0121) and the second sealing member is a flange which extends from the opposing side (connecting member 811B, para. 0121) but fails to teach a rubber lip. It would have been obvious to one having ordinary skill in the art before the effective filing date to have the lip formed from rubber, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obviousness. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331. In this case, using rubber allows connecting member 810A to be easily inserted into connecting member 811B.
Regarding claim 10, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein the diffuser distributes liquid by means of a convex plate with a first set of openings (drainage holes 88, para. 0117) and a second set of openings (openings 86, para. 0117), wherein the second set of openings are shaped to allow a greater volume of liquid to pass through the diffuser relative to the first set of openings (openings 86 are large than drainage holes 88, fig. 10).
Regarding claim 11, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein the wall panels include protrusions which extend at an angle to a main plane of the wall panels (protrusions 83, para. 0116, fig. 10), and the opening(s) are located on a surface of the protrusions (fig. 10).
Regarding claim 12, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein each wall panel is identical (fig. 11).
Regarding claim 13, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein the plurality of wall panels are shaped such that they can be stacked when not assembled (para. 0117).
Regarding claim 14, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein the wall panels are curved and form a cylindrical internal cavity in the predetermined position (fig. 10 and 11).
Regarding claim 15, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein there are four wall panels (fig. 11).
Regarding claim 16, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches wherein each wall panel includes two openings (fig. 12B).
Regarding claim 17, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches a column for growing plants or crops, comprising multiple column segments (fig. 9).
Regarding claim 18, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches a hydroponic system for growing plants or crops, including a column (Abstract).
Regarding claim 19, Lee as modified by Umpstead teaches the invention substantially as claimed and Lee further teaches a hydroponic system for growing plants or crops, including at least one column segment (Abstract).
Allowable Subject Matter
Claims 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The limitation of a column segment for growing plants or crops, comprising: a plurality of wall panels with one or more openings; a diffuser configured to locate the wall panel in a predetermined position that forms an internal cavity, and distribute liquid into the internal cavity; and a locking ring that secures the wall panels and diffuser together in a fixed position by providing a compressive force against the diffuser and the wall panels or a locking ring that secures the wall panels and diffuser together in a fixed position by means of co-operating grooves or ridges on the diffuser or wall panels and locking ring as claimed is not anticipated or made obvious by the prior art of record, in the examiner’s opinion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EBONY E EVANS whose telephone number is (571)270-1157. The examiner can normally be reached 9am -5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tien Dinh can be reached at 5712726899. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EBONY E EVANS/Primary Examiner, Art Unit 3647