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 .
Claims 1-9 and 21 are currently pending.
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 and 21 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 modular 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] and figs. 5A-5C); and
wherein at least one of the components of the HVAC system is configured to be replaced with a different component of the HVAC system (paragraphs [0025]-[0027] and [0045] teaching that many components of the HVAC system, e.g. elements 264 and 265, are installed within modular elements 260, which allows a user to incorporate new hardware without modifying the rest of the system; see also paragraphs [0075]-[0079] teaching that the system is able to accommodate various plant and structural set ups, which would require different ventilation, airflow, and circulation needs).
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]).
Regarding claim 21, Chen discloses the container farm of claim 1, and further discloses that the one of the components of the HVAC system is configured to be replaced with the different component of the HVAC system based on climate requirements of the one or more plants (paragraphs [0025]-[0027] and [0045] teaching that many components of the HVAC system, e.g. elements 264 and 265, are installed within modular elements 260, which allows a user to incorporate new hardware without modifying the rest of the system; see also paragraphs [0075]-[0079] teaching that the system is able to accommodate various plant and structural set ups, which would require different ventilation, airflow, and circulation needs).
Response to Arguments
Applicant's arguments filed 04/08/2026 have been fully considered but they are not persuasive.
Applicant argues that Chen does not disclose the amended limitation, “wherein at least one of the components of the HVAC system is configured to be replaced with a different component of the HVAC system”.
The examiner respectfully disagrees. As shown in the rejection of claim 1 above, Chen discloses that many components of the HVAC system are pre-installed within modular cabinets, in which less “skilled” users are able to assemble and disassemble the cabinets according to their desired layouts, which allows a user to incorporate new hardware without modifying the rest of the system (paragraphs [0025]-[0027]). Chen’s system is specifically designed around flexibility and compatibility, and elements can be customized according to the needs of the user (paragraph [0026]). Chen further teaches that the system is able to accommodate various plant and structural set ups, which would require different ventilation, airflow, and circulation needs (paragraphs [0075]-[0079]). Thus, Chen teaches an HVAC system that is structurally capable of being removed and rearranged.
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 extension fee 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 date of this final action.
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
/MARISA V CONLON/Examiner, Art Unit 3643
Prosecution Insights