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 § 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 13, and 14 recites the limitation "the rear of the front layer". There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 13, and 14 recites the limitation "the plant" in lines 5, 3, and 4, respectively. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 recites the limitation "the stage" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 recites the limitation "their canopy or leaves" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 9 recites the limitation "the level" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 9 recites the limitation "the surface" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 recites the limitation "the stage" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 11 recites the limitation "the folds" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 11 recites the limitation "the movement" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 13 and 14 recites the limitation "said second layer" in lines 9 and 5, respectively. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1, 13, and 14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Although prior art references such as VanLente US 9210846 disclose vertically aligned plant supporting structures comprising layers of material with a front layer being corrugated with an elastic memory. However, the prior art does not disclose alone or in combination a rear layer holding onto the rear of the front layer by surface tension of a nutrient solution. VanLente teaches a nutrient solution between layers (10 and 12), which flows into (13) (VanLente, column 6: lines 29-31). VanLente teaches against aeroponic misters positioned behind a rear layer, as water is intended to be introduced between the layers of the plant supporting structure. Further, front layer (6) is spaced from rear layer (5 or 12) by growing medium (11), which would prevent the rear layer from holding the rear of the front layer by surface tension of the nutrient solution.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant' s inventive submission. The record relates to Applicant' s identified material and Examiner' s discovered references concerning Applicant' s subject matter relevant for a patentability determination.
Systems disclosed by Deschambault et al US 20220087123, Vogel et al US 12284954 teach vertical hydroponics systems having artificial plant grow lighting illuminating plants supported on a front layer of a support structure and irrigation positioned behind rear layers of a support structure, but fail to disclose a corrugated plastic front layer and rear layer holding onto the front layer by surface tension of a nutrient solution as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michener Joshua can be reached at 571.272.1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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