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.
Claim 1 recites the limitation "the top surface" in line 7. There is insufficient antecedent basis for this limitation in the claim. Also, the claim recites “the upper part of the lower grow box” in line 16. There is insufficient antecedent basis for this limitation in the claim. Furthermore, line 19 recites “the box”, it is unclear if the box is referring to the stackable grow box or the lower grow box.
Claim 4 recites the limitation "the box" in line 3, it is unclear if the box is referring to the stackable grow box or the lower grow box in claim 1.
Claim 6 recites the limitation "the upper box" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 2, 3, 5 and 7-14 are rejected as depending on a rejected base claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EBONY E EVANS whose telephone number is (571)270-1157. The examiner can normally be reached 9am -5pm 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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 5712726909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EBONY E EVANS/Primary Examiner, Art Unit 3647
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