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 1-11 in the reply filed on 11/18/2025 is acknowledged.
Claims 12-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 11/18/2025.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it refers to speculative applications of the invention and uses phrases which can be implied, such as “The present disclosure relates to”, “can be”, “depending on”, “For example”, “can be”, “can be”, and “can easily be”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claim 11 is 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.
Regarding claim 11, line 2 states “at least part of” which is indefinite as it is unclear how much and where the decontamination system is located within the modular building structures. Applicant should amend to clearly and distinctly point out the limitations of the claim.
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 1-2, 4, 7-9, 11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Felser (WO 2024118591).
Regarding claims 1-2, Felser discloses an indoor farming facility (10, 2200, 2400, 2600, 2700) comprising: at least two pre-equipped modular building structures (12, 14, 2212, 2214a-h, 2414, 2414a-h, 2614, 2614a-h, 2712, 2714a-h) configured to be connected together (Figs. 1-6, 22, 24, 26-27) to form said facility (10, 2200, 2400, 2600, 2700); wherein at least one of said pre-equipped modular building structures (12, 14, 2212, 2214a-h, 2414, 2414a-h, 2614, 2614a-h, 2712, 2714a-h) is an indoor farming unit (14, 2214a-h, 2414a-h, 2614a-h, 2714a-h) with a use, operation, function or task of growing of plants (Abstract), said indoor farming unit (14, 2214a-h, 2414a-h, 2614a-h, 2714a-h) being adapted to receive external working fluid ([0049] humidification system) or conditioned air ([0049] HVAC system); wherein a remainder of said pre-equipped modular building structures (12, 2212, 2414, 2614, 2712) provides, as a use, operation, function or task, a) at least one of heating or air conditioning to provide working fluid ([0049] The one or more hub containers may share a single heating, venting and air-conditioning (HVAC) and/or humidification system or component. The shared HVAC and/or humidification system or component may be fully contained in, partially contained in and/or associated with the hub container. For example, the hub container may have attached to or associated therewith, a condenser configured to reject heat to an outside environment and/or a heat exchanger for warming liquid refrigerant (i.e., in a heat pump configuration). The aforementioned system may cycle refrigerant to an evaporator or heat exchanger at any one, combination of, or all of the farm containers and/or the hub container) to said indoor farming units (14, 2214a-h, 2414a-h, 2614a-h, 2714a-h); and b) a processing area (42, 44) for plant products; and wherein said facility (10, 2200, 2400, 2600, 2700) includes a corridor (elements 12, 2212, 2414, 2614, 2712 act as a corridor for each of the farming units) for accessing at least said indoor farming units (14, 2214a-h, 2414a-h, 2614a-h, 2714a-h) and said processing area (42, 44), and said facility (10, 2200, 2400, 2600, 2700) comprises at least one of: a) a corridor (elements 12, 2212, 2414, 2614, 2712 act as a corridor for each of the farming units) extending across at least some of said pre-equipped modular building structures (12, 14, 2212, 2214a-h, 2414, 2414a-h, 2614, 2614a-h, 2712, 2714a-h), wherein each of said at least some of said pre-equipped modular building structures (12, 14, 2212, 2214a-h, 2414, 2414a-h, 2614, 2614a-h, 2712, 2714a-h) has, at one end thereof, a corridor space (the interior space of elements 12, 2212, 2414, 2614, 2712) and has at least one side wall (walls of elements 12, 2212, 2414, 2614, 2712) comprising an opening (18) therein; and b) one or more corridor modular building structures (elements 12, 2212, 2414, 2614, 2712 act as a corridor for each of the farming units) adjoined to ends (Figs. 1-6, 22, 24, 26-27) of said pre-equipped modular building structures (14, 2214a-h, 2414a-h, 2614a-h, 2714a-h).
Regarding claim 4, Felser discloses wherein said facility further comprises a plurality of corridor modular building structures (elements 12, 2212, 2414, 2614, 2712 act as a corridor for each of the farming units) adjoined to ends (Figs. 1-6, 22, 24, 26-27) of said pre-equipped modular building structures (14, 2214a-h, 2414a-h, 2614a-h, 2714a-h).
Regarding claim 7, Felser discloses wherein said remainder of said pre-equipped modular building structures (12, 2212, 2414, 2614, 2712) further provides office space partitions (40).
Regarding claim 8, Felser discloses wherein said modular building structure (12, 14, 2212, 2214a-h, 2414, 2414a-h, 2614, 2614a-h, 2712, 2714a-h) further comprises connection components ([0048] containers connected to each other and the hub container) to adjoin adjacent modular building structures (12, 14, 2212, 2214a-h, 2414, 2414a-h, 2614, 2614a-h, 2712, 2714a-h) of said facility (10, 2200, 2400, 2600, 2700).
Regarding claim 9, Felser discloses wherein said remainder of said pre-equipped modular building structures (12, 2212, 2414, 2614, 2712) possess a plurality of different uses, operations, functions or tasks ([0048] the hub container may contain a water source and/or nutrient source that is distributed to the one or more farm containers, [0049] the hub container or container(s) may have an HVAC and/or humidification system or components fully contained in, partially contained in, and/or associated with the hub container and the aforementioned HVAC and/or humidification system or components may be configured to provide a heated and/or cooled fluid to the farm containers, [0050] the interior of the hub container, a passage 18 for user access is provided into each connected farm container, [0051] All tasks involved in growing a crop, from planting and germinating seeds to transplanting seedlings into the grow zone, growing the plants to maturity, harvesting the crop, and packaging the crop for shipment can be performed in the farm container and/or the hub container).
Regarding claim 11, Felser discloses wherein said facility (10, 2200, 2400, 2600, 2700) further comprises a decontamination system ([0086] the plurality of areas can include one or more of a grow zone, a work zone, and an airlock operable to reduce contamination in the grow zone from outside of the farm container. The airlock can provide a farmer access to the work zone or the grow zone from outside of the farm container) located in at least part of one of said modular building structures (12, 14, 2212, 2214a-h, 2414, 2414a-h, 2614, 2614a-h, 2712, 2714a-h).
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 3, 5 are rejected under 35 U.S.C. 103 as being unpatentable over Felser (WO 2024118591) in view of Eisold (US 10450738).
Regarding claims 3, 5, Felser discloses the invention substantially as set forth above, but does not expressly disclose wherein said remainder of said pre-equipped modular building structures further provides toilet facilities and wherein said facility comprises two or more floors, said remainder of said pre-equipped modular building structures further provides interior staircase equipment.
However, Eisold discloses a similar modular building structure (10 and 20 together form element 80) having toilet facilities (118) and comprising two or more floors (two floors, Fig. 6), said modular building structures (10 and 20 together form element 80) further provides interior staircase equipment (124, 126, 128).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Felser, by making the structure two or more floors with internal stairs and toilet facilities, as taught by Eisold, for the purpose of providing a transportable modular building structure with main or temporary accommodations to meet the needs of the user in the building and general construction/services industry, the oil, mining and gas industry, humanitarian shelter welfare, medical and disaster support, event market, pop up shops, catering, bespoke market and the defense/military market, etc.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Felser (WO 2024118591) and Eisold (US 10450738) in view of Zelkind (US 20210137028).
Regarding claim 6, Felser/Eisold disclose the invention substantially as set forth above, but does not expressly disclose further comprising an exterior fire escape staircase.
However, Zelkind discloses a similar facility (100) having modular building structures (102) stacked to form multiple levels (Fig. 1C) with an exterior fire escape staircase (122).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Felser, by adding a staircase to the exterior of the structure, as taught by Zelkind, for the purpose of providing access to and egress from the indoor farming modules.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Felser (WO 2024118591) in view of Choe (KR 20210063899).
Regarding claim 10, Felser discloses wherein said indoor farming unit (14, 2214a-h, 2414a-h, 2614a-h, 2714a-h) comprise; a floor (floors of 14, 2214a-h, 2414a-h, 2614a-h, 2714a-h) having a length (length thereof), a width (width thereof) and a designated grow area (80) for farming covering most if not all of said floor (floors of 14, 2214a-h, 2414a-h, 2614a-h, 2714a-h) and extending across all of said width (width thereof), a plurality of vertical plant growing support structures (90) each having a number of plant receptacles (Fig. 14) arranged above each other extending from the floor to a ceiling (Fig. 11) of said indoor farming unit (14, 2214a-h, 2414a-h, 2614a-h, 2714a-h), but does not expressly disclose a conveyor system arranged to support the plurality of vertical plant growing structures to be movable along at least one loop path such that the plurality of vertical plant growing support structures fill the designated grow area.
However, Choe discloses a similar structure having a conveyor system (200) arranged to support the plurality of vertical plant growing structures (A) to be movable along at least one loop path (conveyor is a zig zag closed loop, Fig. 2) such that the plurality of vertical plant growing support structures (A) fill the designated grow area (1).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Felser, by adding a staircase to the exterior of the structure, as taught by Choe, for the purpose of providing a movement system in order to maintain environmental conditions such as temperature, humidity, and light to all areas of the plants in order to be grown with the same quality under the same growing environment.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener 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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/AARON M RODZIWICZ/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642