Prosecution Insights
Last updated: April 19, 2026
Application No. 18/858,703

MODULAR FARM AND METHODS OF MAKING AND USE THEREOF

Non-Final OA §102
Filed
Oct 21, 2024
Examiner
BYUN, HAE RIE JESSICA
Art Unit
3643
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Freight Farms Inc.
OA Round
1 (Non-Final)
34%
Grant Probability
At Risk
1-2
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants only 34% of cases
34%
Career Allow Rate
35 granted / 103 resolved
-18.0% vs TC avg
Strong +66% interview lift
Without
With
+66.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
34 currently pending
Career history
137
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
47.9%
+7.9% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
26.3%
-13.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 103 resolved cases

Office Action

§102
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 . This is the first Office Action on the merits. Claims 1-20 are currently pending, with claims 10-20 withdrawn from consideration, and claims 1-9 considered. Election/Restrictions Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/08/2025. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan (US 20230117451 A1), hereafter referred to as “Chan”. Regarding claim 1, Chan discloses a container farm (abstract, figs. 1-9) comprising: a cultivation module (figs. 5A-5C) comprising: at least one first plant support apparatus (e.g., fig. 5B) configured to receive one or more plants having a first configuration (fig. 5B showing a vertical configuration); and a support module (paragraph [0046]) comprising: an irrigation system (265) configured to provide a mixture of water and nutrients to the at least one first plant support apparatus (paragraph [0049] and claim 4); and a climate control system (263) comprising components of a heating, ventilation, and air conditioning (HVAC) system (paragraph [0059]); wherein the at least one first plant support apparatus is configured to be exchanged with at least one second plant support apparatus configured to receive one or more plants having a second configuration different than the first configuration (paragraphs [0075]-[0079]). Regarding claim 2, Chan discloses the container farm of claim 1, and further discloses wherein the first configuration (fig. 5B) comprises vertically-oriented plant grow channels (fig. 5B and paragraph [0078]). Regarding claim 3, Chan discloses the container farm of claim 1, and further discloses wherein the second configuration (fig. 5C) comprises horizontally-oriented shelves (fig. 5C; paragraph [0079]). Regarding claim 4, Chan discloses the container farm of claim 1, and further discloses comprising: a camera (380) configured to capture image data of the one more plants growing in the first plant support apparatus (paragraph [0068]); and a controller (164) comprising a processor and memory, the memory including computer- executable instructions executable by the processor (paragraphs [0043]-[0044]) to: receive the captured image data (paragraph [0040], [0043]-[0044]); determine, based on the captured image data one or more of a health of the one or more plants and a lifecycle phase of the one or more plants growing in the first plant support apparatus (paragraph [0068]). Regarding claim 5, Chan discloses the container farm of claim 4, and further discloses wherein the controller (164) is configured to use machine-learning (paragraph [0093]). Regarding claim 6, Chan discloses the container farm of claim 1, and further discloses wherein the support module includes a nursery zone (paragraph [0079]) including an irrigation tray coupled to the irrigation system, the irrigation tray configured to receive one or more seedling trays therein (paragraph [0079]). Regarding claim 7, Chan discloses the container farm of claim 6, and further discloses wherein the nursery zone (a first tray; paragraph [0079]) is positioned within a cavity (e.g., interior space of frame structure of 100; paragraph [0033]) in the support module and includes one or more lighting panels configured to provide light to the seedling trays (paragraphs [0034]-[0036]). Regarding claim 8, Chan discloses the container farm of claim 7, and further discloses wherein the cavity in the support module is a first cavity (a first interior space of the rack of 100; fig. 3), and wherein the support module includes a germination zone (a second tray; paragraph [0079]) configured to receive seeded trays of ungerminated seedlings therein, wherein the germination zone is positioned in a second cavity in the support module (paragraph [0079]). Regarding claim 9, Chan discloses the container farm of claim 1, and further discloses wherein the support module includes a germination including configured to receive seeded trays of ungerminated seedlings therein (paragraph [0079]). Conclusion The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessica Byun whose telephone number is (571) 272-3212. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST. 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. Agendas may be sent to HaeRie.Byun@uspto.gov. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached on (571) 272-6891. 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. /H.J.B./Examiner, Art Unit 3643 /PETER M POON/Supervisory Patent Examiner, Art Unit 3643
Read full office action

Prosecution Timeline

Oct 21, 2024
Application Filed
Dec 26, 2025
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
34%
Grant Probability
99%
With Interview (+66.1%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 103 resolved cases by this examiner. Grant probability derived from career allow rate.

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