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 1,3,5,6,11-16,18-23 are rejected under 35 U.S.C. 103 as being unpatentable over Hasoon et al. (WO 2020231705 A1) in view of Chen (US 20050168985 A1) and Collins et al. (US 20150223418 A1).
For claim 1, Hasoon et al. teach a vertical growing system for plants in cooperation with planting media, the vertical growing system comprising:
a plant support apparatus (50) supported by a first overhead support structure (202), the plant support apparatus comprising:
a housing (figs. 4B,24D,30A,30B) having a first opening (the opening is the entrance into the chamber that is covered by ref. 101; see fig. 24D when ref. 101 is opened to show the opening/entrance into the chamber) on a first side thereof and a second opening (same opening to that of the first opening on the other side as shown in fig. 4B) on a second side thereof, the second side opposing the first side, and the housing defining a first chamber (54a) accessible through the first opening and a second chamber (54b) accessible through the second opening, the first chamber and the second chamber structurally configured to hold planting media along a length of the housing and to hold one or more plants in engagement with the planting media in a substantially fixed position relative to the housing (functional recitation to which the chambers of Hasoon et al. can and do perform the intended function of configured to hold planting media and to hold one or more plants in engagement with the planting media); and
a lighting apparatus (para. 0055) supported from a second overhead support structure and disposed adjacent to the plant support apparatus, the lighting apparatus comprising: one or more lighting support structures (para. 0055 states that the lights are arranged in a bar-like structure);
a water supply line (802) in fluid communication with a water source (para. 0083-0085);
a first outlet (912) and a second outlet (912) in fluid communication with the water supply line, the first outlet positioned above the first chamber for supplying water to planting media disposed in the first chamber, and the second outlet positioned above the second chamber for supplying water to planting media disposed in the second chamber (para. 0084,0085).
However, Hasoon et al. are silent about each lighting support structure comprising a first side including a first engagement region having at least two mounting surfaces collectively forming a substantially V-shape, and a second side including a second engagement region having at least two mounting surfaces collectively forming a substantially V-shape; and at least one light source coupled to each of the at least two mounting surfaces on at least one of the first engagement region and the second engagement region of the one or more lighting support structures, wherein one of the first opening and the second opening of the plant support apparatus is oriented to face one of the first side and the second side of the lighting apparatus, so that the one or more plants supported in the plant support apparatus are facing the at least one light source of the lighting apparatus; and wherein each of the first outlet and the second outlet is connected to an outlet coupler that is releasably engageable with the first overhead support structure for repositioning each of the first outlet and the second outlet relative to the first overhead support structure.
Chen teaches a lighting apparatus comprising one or more lighting support structures (30,34), each lighting support structure comprising a first side including a first engagement region having at least two mounting surfaces collectively forming a substantially V-shape, and a second side including a second engagement region having at least two mounting surfaces collectively forming a substantially V-shape (see the examiner’s illustration below); and at least one light source (LEDs 42,43) coupled to each of the at least two mounting surfaces on at least one of the first engagement region and the second engagement region of the one or more lighting support structures. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ one or more lighting support structures with the features as taught by Chen for the one or more lighting support structures of Hasoon et al. in order to not only provide lights for growing the plants but also to provide a lighting apparatus that is easy to change or replace the lights.
The combination of Hasoon et al. as modified by Chen would result in wherein one of the first opening and the second opening of the plant support apparatus is oriented to face one of the first side and the second side of the lighting apparatus (per para. 0055 of Hasoon, the lighting apparatus is to face the plant support apparatus for growth of the plants, thus, combining with Chen’s light structures, the lighting apparatus will be facing the plant support apparatus), so that the one or more plants supported in the plant support apparatus are facing the at least one light source of the lighting apparatus.
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Collins et al. teach in the same field of endeavor of a vertical growing system for plants comprising first outlet (outlet of ref. 8) and the second outlet (outlet of ref. 8) is connected to an outlet coupler (26) that is releasably engageable with a first overhead support structure (4) for repositioning each of the first outlet and the second outlet relative to the first overhead support structure (coupler 26 is adjustable or removable with fasteners as shown in fig. 2 and discuss in para. 0123,0128). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first outlet and the second outlet of Hasoon et al. be connected to an outlet coupler as taught by Collins et al. that is releasably engageable with the first overhead support structure of Hasoon et al. for repositioning each of the first outlet and the second outlet relative to the first overhead support structure as taught by Collins et al. in order to allow the user to move or reposition the outlets as desired for the cavities of the chambers.
For claim 3, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 1, and further teach wherein the plant support apparatus further comprises a blocker (101 of Hasoon) disposed along one or more of the first opening and the second opening, the blocker structurally configured to mitigate water from passing from one or more of the first chamber and the second chamber to an external environment, and the blocker structurally configured to engage with, and support, a shoot system of the one or more plants (functional recitation to which the blocker of Hasoon et al. can and do perform the intended function of configured to mitigate water and configured to engage with, and support, a shoot system).
For claim 5, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 1, and further teach wherein at least one of the first overhead support structure and the second overhead support structure include a rail (figs. 5a-6 of Hasoon), wherein at least one of the plant support apparatuses and the lighting apparatus are movable along the rail.
For claim 6, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 1, and further teach a cooling system (para. 0056 of Hasoon) structurally configured to create a flow of air through the one or more lighting support structures.
For claim 11, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 1, and further teach a ventilation system (para. 0056,0057 of Hasoon, airflow and HVAC units, fans, ducting, air handling equipment, etc. all can be considered as ventilation system) at least partially located adjacent to the plant support apparatus.
For claim 12, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 11, and further teach wherein the ventilation system includes one or more fan mounts structurally configured for mounting one or more fans thereto in a substantially vertical configuration (para. 0056,0057 of Hasoon).
For claim 13, Hasoon et al. teach a method of growing plants in a vertical growing system, the method comprising:
supporting a plant support apparatus (50) on a first overhead support structure (202), the plant support apparatus comprising:
a housing (figs. 4B,24D,30A,30B) having a first opening (the opening is the entrance into the chamber that is covered by ref. 101; see fig. 24D when ref. 101 is opened to show the opening/entrance into the chamber) on a first side thereof and a second opening (same opening to that of the first opening on the other side as shown in fig. 4B) on a second side thereof, the second side opposing the first side, and the housing defining a first chamber (54a) accessible through the first opening and a second chamber (54b) accessible through the second opening;
inserting planting media into at least one of the first chamber and the second chamber along a length of the housing (planting media in the plugs that are inserted in cut-outs 105 of the plant support apparatus 50);
planting one or more plants in engagement with the planting media in a substantially fixed position relative to the housing (fig. 4);
supporting a lighting apparatus (para. 0055) on a second overhead support structure, the lighting apparatus disposed adjacent to the plant support apparatus, the lighting apparatus comprising: one or more lighting support structures (para. 0055 states that the lights are arranged in a bar-like structure);
connecting a first outlet (912) and a second outlet (912) in fluid communication with a water source (para. 0083- 0085) via a water supply line (802);
supplying water to planting media disposed in the first chamber via the first outlet (para. 0084-0085);
supplying water to planting media disposed in the second chamber via the second outlet (para. 0084-0085); and
controlling irrigation of each of the first chamber and the second chamber independently of irrigation of the other of the first chamber and the second chamber (para. 0087, which states that the user can have “the funnel structure may be configured with two separate collectors that operate separately to distribute aqueous nutrient solution to a corresponding cavity 54a, 54b”).
However, Hasoon et al. are silent about each lighting support structure comprising a first side including a first engagement region having at least two mounting surfaces collectively forming a substantially V-shape, and a second side including a second engagement region having at least two mounting surfaces collectively forming a substantially V-shape; and coupling at least one light source to each of the at least two mounting surfaces on at least one of the first engagement region and the second engagement region of the one or more lighting support structures; and moving the first outlet along the first overhead support structure to a location above the first chamber and moving the second outlet along the first overhead support structure to a location above the second chamber, wherein each of the first outlet and the second outlet is connected to an outlet coupler that is releasably engageable with the first overhead support structure for repositioning each of the first outlet and the second outlet relative to the first overhead support structure.
Chen teaches a lighting apparatus comprising one or more lighting support structures (30,34), each lighting support structure comprising a first side including a first engagement region having at least two mounting surfaces collectively forming a substantially V-shape, and a second side including a second engagement region having at least two mounting surfaces collectively forming a substantially V-shape (see the examiner’s illustration below); and at least one light source (LEDs 42,43) coupled to each of the at least two mounting surfaces on at least one of the first engagement region and the second engagement region of the one or more lighting support structures. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ one or more lighting support structures with the features as taught by Chen for the one or more lighting support structures of Hasoon et al., and incorporate the step of coupling at least one light source to each of the at least two mounting surfaces on at least one of the first engagement region and the second engagement region of the one or more lighting support structures as taught by Chen in the method of Hasoon et al. in order to not only provide lights for growing the plants but also to provide a lighting apparatus that is easy to change or replace the lights.
The combination of Hasoon et al. as modified by Chen would result in the step of orienting one of the first opening and the second opening of the plant support apparatus to face one of the first side and the second side of the lighting apparatus, so that the one or more plants in the plant support apparatus are facing the at least one light source of the lighting apparatus (per para. 0055 of Hasoon, the lighting apparatus is to face the plant support apparatus for growth of the plants, thus, combining with Chen’s light structures, the lighting apparatus will be facing the plant support apparatus).
Collins et al. teach in the same field of endeavor of a vertical growing system for plants comprising first outlet (outlet of ref. 8) and the second outlet (outlet of ref. 8) is connected to an outlet coupler (26) that is releasably engageable with a first overhead support structure (4) for repositioning each of the first outlet and the second outlet relative to the first overhead support structure (coupler 26 is adjustable or removable with fasteners as shown in fig. 2 and discuss in para. 0123,0128). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first outlet and the second outlet of Hasoon et al. be connected to an outlet coupler as taught by Collins et al. that is releasably engageable with the first overhead support structure of Hasoon et al. for repositioning each of the first outlet and the second outlet relative to the first overhead support structure as taught by Collins et al. in order to allow the user to move or reposition the outlets as desired for the cavities of the chambers.
The combination of Hasoon et al. as modified by Collins et al. would result in the step of moving the first outlet along the first overhead support structure to a location above the first chamber and moving the second outlet along the first overhead support structure to a location above the second chamber (because the outlet coupler as modified with Collins et al. allows adjustability or mobility, the first and second outlets are moved accordingly to match up with the individual chambers of the housing).
For claim 14, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 13, and further teach connecting the plant support apparatus to a positioning system including a rail (figs. 5a-6 of Hasoon); moving the plant support apparatus along the rail into a remote location via the positioning system (para. 0054 of Hasoon); and harvesting plants from the plant support apparatus in the remote location (para. 0054,0057-0059 of Hasoon).
For claim 15, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 13, and further teach connecting the plant support apparatus to a positioning system including a rail (figs. 5a-6 of Hasoon); moving the plant support apparatus along the rail into a remote location via the positioning system (para. 0054 of Hasoon); and cleaning the plant support apparatus in the remote location (para. 0058, 0066,00116 of Hasoon).
For claim 16, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 13, and further teach positioning a blocker (101 of Hasoon) along one or more of the first opening and the second opening; and engaging a shoot system of the one or more plants with the blocker (fig. 4A of Hasoon), thereby supporting the one or more plants with the blocker.
For claim 18, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 13, and further teach after inserting planting media (initial stage of growing the plants in Hasoon), removing the planting media from the housing (removing can be perform in the cleaning step, para. 0058, 0066,00116, or harvesting step, para. 0054,0057-0059 of Hasoon).
For claim 19, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 18, and further teach after removing the planting media (removing can be perform in the cleaning step, para. 0058, 0066,00116, or harvesting step, para. 0054,0057-0059 of Hasoon), replacing the planting media within the housing (para. 00112,00118 of Hasoon, after cleaning or the like, the planting media will be replaced within the housing for growing again).
For claim 20, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 13, and further teach positioning a first panel (101 of Hasoon) along or adjacent to the first opening of the first chamber; and positioning a second panel (para. 0064 of Hasoon) a predetermined distance from the first panel within an interior of the first chamber, wherein the first panel and the second panel are structurally configured to engage with and support roots of the one or more plants.
For claim 21, Hasoon et al. as modified by Chen and Collins et al. teach the method of claim 13, but are silent about wherein the outlet coupler releasably engages with the first overhead support structure via a magnetic coupling. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the outlet coupler of Hasoon et al. as modified by Chen and Collins et al. with a magnetic coupling, since a simple substitution of one known equivalent element for another would obtain predictable results (both types of coupler would result in allowing the user to releasably engage the coupler and the outlets to the overhead support). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 22, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 1, but are silent about wherein the outlet coupler releasably engages with the first overhead support structure via a magnetic coupling. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the outlet coupler of Hasoon et al. as modified by Chen and Collins et al. with a magnetic coupling, since a simple substitution of one known equivalent element for another would obtain predictable results (both types of coupler would result in allowing the user to releasably engage the coupler and the outlets to the overhead support). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 23, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 1, and further teach wherein the outlet coupler releasably engages with the first overhead support structure via complementary engagement surfaces (the surfaces to which the couplers 26 and fasteners as relied on with Collins et al. are mounted thereon on both the couplers and the overhead support structures) on each of the outlet coupler and the first overhead support structure.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hasoon et al. as modified by Chen and Collins et al. as applied to claim 1 above, and further in view of Storey et al. (US 20170146226 A1).
For claim 2, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 1, and further teach wherein the lighting apparatus (as relied on with Chen) comprises one or more drivers (implied in Chen because there has to be some sort of power source to drive the electricity to operate the LEDs) electrically coupled to the at least one light source to control power supplied thereto, the one or more drivers located remotely from the one or more lighting support structures to mitigate heat transfer to the first side and the second side of the one or more lighting support structures (the driver is from an outside power source such as cable connected to power source, which is remote from the lighting support structures).
However, in the even that applicant disagrees with the examiner’s interpretation that Hasoon et al. as modified by Chen and Collins et al. (emphasis on Chen since he was relied on for the lighting apparatus) teach the one or more drivers, Storey et al. teach a lighting apparatus comprising one or more drivers (para. 0041,0043) electrically coupled to at least one of the first set of LEDs and the second set of LEDs, the one or more drivers configured to control power supplied thereto, and the one or more drivers located remotely from the one or more lighting support structures (12) to mitigate heat transfer to at least one of the first side and the second side of the one or more lighting support structures (para. 0041,0043). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include one or more drivers that is located remotely as taught by Storey et al. from the one or more lighting support structures of Hasoon et al. as modified by Chen and Collins et al. in order to provide a power source to the LEDs.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hasoon et al. as modified by Chen and Collins et al. as applied to claim 1 above, and further in view of Klein et al. (US 20190297787 A1).
For claim 8, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 7, but are silent about a reclaim irrigation system, the reclaim irrigation system comprising a trough disposed beneath the plant support apparatus, the trough structurally configured to collect water that passes through one or more of the first chamber and the second chamber.
Klein et al. teach a growing system comprising a reclaim irrigation system (103,105,109), the reclaim irrigation system comprising a trough (109) disposed beneath the plant support apparatus (101), the trough structurally configured to collect water that passes through one or more of the first chamber and the second chamber (ref. 101 has two chambers as shown in fig. 1, noting that there is a partition in the middle to divide ref. 101 into two chambers). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a reclaim irrigation system with a trough as taught by Klein et al. beneath the plant support apparatus of Hasoon et al. as modified by Chen and Collins et al. in order to collect unused liquid for removal and/or recycling as stated in para. 0029 of Klein et al.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hasoon et al. as modified by Chen and Collins et al. as applied to claim 1 above, and further in view of Breza (CA 3095906 A1).
For claim 10, Hasoon et al. as modified by Chen and Collins et al. teach the vertical growing system of claim 1, but are silent about a plurality of misters plumbed in a vertical series and located adjacent to the lighting apparatus.
Breza teaches a growing system comprising a plurality of misters (2900,2904) plumbed in a vertical series and located adjacent to the lighting apparatus (para. 0004 states that a lighting system is not shown but included in the invention, thus, where ever this lighting system is located, it will be adjacent to misters and the planting apparatus). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ misters as taught by Breza in the growing system of Hasoon et al. as modified by Chen and Collins et al., which would be located adjacent to the lighting apparatus, in order to provide mists for the plant roots.
Response to Arguments
Applicant’s arguments with respect to claims 1-3,5,6,8,10-16,18-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Son T Nguyen/Primary Examiner, Art Unit 3643
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