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 5-15 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.
For claim 5, lines 2-3, the limitations of “the base of the first linear actuator” and “the base of the second linear actuator” lack prior antecedent basis.
For claim 8, line 2, the limitation of “the base of the second linear actuator” lacks prior antecedent basis.
All other claims depending on one or more of the above claims are also rejected the same.
Claim Rejections - 35 USC § 102
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 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)(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.
Claim 16 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lan et al. (US 20240008424 A1).
For claim 16, Lan et al. teach a method of growing plants in a plant grow system, the method comprising:
actuating a first linear actuator (4) to move between a fully retracted length and a fully extended length to change a height of a light fixture frame (not number but can be seen as the frame around lamps 2 in figs. 1,2,4,5) of the plant grow system (ref. 4 is a lift & fall mechanism which has multiple level of length as it extends and retracts); and
actuating a second linear actuator (4) to move between a fully retracted length and a fully extended length simultaneously to actuation of the first linear actuator to change the height of the light fixture frame of the plant grow system (ref. 4 is a lift & fall mechanism which has multiple level of length as it extends and retracts; also, para. 0055 states the controller moves the actuators 4 together);
wherein the light fixture frame supports one or more lighting lamps (2), and the light fixture frame has a first side, a second side opposite the first side, a third side joining the first side and the second side, and a fourth side opposite the third side that joins the first side and the second side (as shown in figs. 4-5, sides are sides of the rectangular frame; also, surfaces on the frame member’s ends can be front and back sides when view fig. 4; also, the two outer most lamps 2 can be considered as sides);
wherein the fully extended length of the first and second linear actuators is substantially a multiple of the fully retracted length of the first and second linear actuators (in order to reach fully extended length, the linear actuators move incrementally in various length from the retracted position), and each of the first and second linear actuators has a base surface (any lower surface of ref. 4 can be a base surface) and a top surface (any top surface of ref. 4 can be a top surface);
wherein the second linear actuator is spaced from the first linear actuator (as shown in fig. 1, each linear actuator 4 is spaced from each other on the left and the right side of the growing system); and
wherein the light fixture frame is mounted to the top surface of the first and second linear actuators (as shown in fig. 4).
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lan et al. (as above) in view of Chen et al. (CN 214198344 U, as cited on form PTO-1449).
For claim 1, Lan et al. teach a plant lighting system comprising:
a light fixture frame (not number but can be seen as the frame around lamps 2 in figs. 1,2,4,5) that supports one or more lighting lamps (2), the light fixture frame has a first side, a second side opposite the first side, a third side joining the first side and the second side, and a fourth side opposite the third side that joins the first side and the second side (as shown in figs. 4-5, sides are sides of the rectangular frame; also, surfaces on the frame member’s ends can be front and back sides when view fig. 4; also, the two outer most lamps 2 can be considered as sides)
a first linear actuator (4) that has a fully retracted length and a fully extended length, the fully extended length is substantially a multiple of the fully retracted length (ref. 4 is a lift & fall mechanism which has multiple level of length as it extends and retracts), the first linear actuator has a base surface (any lower surface of ref. 4 can be a base surface) and a top surface (any top surface of ref. 4 can be a top surface);
a second linear actuator (4) that has a fully retracted length and a fully extended length, the fully extended length is substantially a multiple of the fully retracted length (ref. 4 is a lift & fall mechanism which has multiple level of lengths as it extends and retracts), the second linear actuator has a base surface (any lower surface of ref. 4 can be a base surface) and a top surface (any top surface of ref. 4 can be a top surface), the second linear actuator spaced from the first linear actuator (as shown in fig. 1, ref. 4 on the left and ref. 4 on the right); and
the light fixture frame mounted to the top surface of the first linear actuator (as shown in fig. 4) and the light fixture frame mounted to the top surface of the second linear actuator (as shown in fig. 4), the light fixture frame spans the first linear actuator and the second linear actuator (as shown in figs. 1,4,5).
However, Lan et al. are silent about the first linear actuator and the second linear actuator comprising segments the first and second linear actuators extend and retract the segments telescopically.
Chen et al. teach in the same field of endeavor of plant lighting system comprising a linear actuator (14) comprising segments (141). 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 lift & fall mechanism of Lan et al. with telescopically segmented linear actuator as taught by Chen et al., since a simple substitution of one known equivalent element for another would obtain predictable results (both types of actuators would result in the same incremental length adjustment as desired for different level height of lighting). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Lan et al. as modified by Chen et al. would result in the first and second linear actuators (from Lan’s as ref. 4) extend and retract the segments telescopically (as modified with Chen’s telescopic segments).
For claim 2, Lan et al. as modified by Chen et al. teach the plant lighting system as in claim 1, and further teach (emphasis on Lan et al.) a third linear actuator (Lan et al. teach in para. 0045 that there can be a plurality of racks 1 having the same features as described above) that has a fully retracted length and a fully extended length (linear actuator 4 has multiple level of length as it telescopically extends and retracts as modified with Chen et al.), the fully extended length is substantially a multiple of the fully retracted length, the third linear actuator has a base surface (any lower surface of ref. 4 can be a base surface) and a top surface (any top surface of ref. 4 can be a top surface), the light fixture frame mounted to the top surface of the third linear actuator (as shown in fig. 4) and the third linear actuator mounted to the light fixture frame between the first linear actuator and the second linear actuator (there are a plurality of racks, thus, the linear actuator will be between each other).
For claim 3, Lan et al. as modified by Chen et al. teach the plant lighting system as in claim 1, and further teach (emphasis on Lan et al.) a grow media structure (13,16), a height of the grow media structure is less than the fully retracted length of the linear actuators (because the linear actuators are always above the grow media structure, when they are fully retracted, their heights will be more than the grow media structure, or vice versa, grow media structure is less than the fully retracted length of the linear actuators), a base surface of the grow media structure is positioned at or above the base surface of the fully retracted linear actuators (fig. 1 shows the base surface of the linear actuator being under a base surface of the grow media structure 16) and a top surface the grow media structure is positioned at or below the top surface of the fully retracted linear actuators (fig. 1 shows a top surface of the grow media structure 16 being below the top surface of the linear actuator even if the user fully retracts the linear actuator 4 to the lowest level).
For claim 4, Lan et al. as modified by Chen et al. teach the plant lighting system as in claim 1, and further teach (emphasis on Lan et al.) wherein the grow media structure is positioned below the light frame fixture when the linear actuators are at the fully retracted length (fig. 1 shows the grow media structure 16 is positioned below the light frame fixture in the event the user fully retracts the linear actuator 4 to the lowest level).
For claim 5, Lan et al. as modified by Chen et al. teach a grow tower comprising the plant lighting system as in claim 1 (as described above, thus, see above), and further teach (emphasis on Lan et al.) wherein the base of the first linear actuator is fixtured proximate to a first end portion of the grow tower (fig. 1 self-explanatory) and the base of the second linear actuator is fixtured proximate to a second end portion of the grow tower (fig. 1 self-explanatory), the light fixture frame spans the first end portion of the grow tower and the second end portion of the grow tower (fig. 1 self-explanatory), the third side of the light fixture frame nearest the grow tower is separated by at least a gap from a surface or plane of the grow tower (all parts are not friction fit to the point that there is no gap or space because the light fixture frame is designed to move, thus, there will be gaps; also, para. 0045 stated that a plurality of the racks can be configured, thus, if considering the racks next to each other, there will be gaps).
For claim 6, Lan et al. as modified by Chen et al. teach the grow tower comprising the plant lighting system of claim 5, and further teaches (emphasis on Lan et al.) the third linear actuator, the base of the third linear actuator is fixtured proximate to the grow tower (as stated in the above, para. 0045 stated that the system can include a plurality of the racks, thus, if two racks are next to each other, there will be a third linear actuator and a fourth linear actuator).
For claim 7, Lan et al. as modified by Chen et al. teach the grow tower comprising the plant lighting system as in claim 5, and further teaches (emphasis on Lan et al.) wherein the base of the first linear actuator is fixtured to the first end portion of the grow tower and the base of the second linear actuator is fixtured to the second end portion of the grow tower (fig. 1 self-explanatory).
For claim 8, Lan et al. as modified by Chen et al. teach the grow tower comprising the plant lighting system as in claim 5, and further teaches (emphasis on Lan et al.) wherein the base of the third linear actuator is fixtured to the grow tower (as stated in the above, para. 0045 stated that the system can include a plurality of the racks, thus, if two racks are next to each other, there will be a third linear actuator and a fourth linear actuator).
For claim 9, Lan et al. as modified by Chen et al. teach the grow tower comprising the plant lighting system as in claim 5, and further teaches (emphasis on Lan et al.) wherein the third side of the light fixture frame nearest the grow tower is separated by the gap from a surface or plane of the grow tower during vertical movement of the light fixture frame from a position where the actuators are fully retracted and the position where the actuators are fully extended (all parts are not friction fit to the point that there is no gap or space because the light fixture frame is designed to move, thus, there will be gaps; also, para. 0045 stated that a plurality of the racks can be configured, thus, if considering the racks next to each other, there will be gaps).
For claim 10, Lan et al. as modified by Chen et al. teach the grow tower comprising the plant lighting system as in claim 5, and further teaches (emphasis on Lan et al.) wherein the base surface of the first linear actuator is positioned at or below a base surface of the grow media structure (fig. 1 shows the base surface of the first linear actuator 4 under the base surface of the grow media structure 16) and the top surface of the first linear actuator is positioned at or above the grow media structure when the first linear actuator is in the fully retracted position (fig. 1 shows the first linear actuator 4 at fully expanded position; however, the user can adjust the first linear actuator to the fully retracted position, the top surface of the first linear actuator 4 above the grow media structure 16); the base surface of the second linear actuator is positioned at or below the base surface of grow media structure (fig. 1 shows the base surface of the second linear actuator 4 under the base surface of the grow media structure 16) and the top surface of the second linear actuator is positioned at or above the top surface of the grow media structure when the second linear actuator is in the fully retracted position (fig. 1 shows the second linear actuator 4 at fully expanded position; however, the user can adjust the second linear actuator to the fully retracted position, the top surface of the second linear actuator 4 above the grow media structure 16).
For claim 11, Lan et al. as modified by Chen et al. teach the grow tower comprising the plant lighting system as in claim 5, and further teaches (emphasis on Lan et al.) a third linear actuator (Lan et al. teach in para. 0045 that there can be a plurality of racks 1 having the same features as described above), the base surface of the third linear actuator positioned at or below the base surface of the grow media structure (fig. 1 shows the base surface of the first linear actuator 4 under the base surface of the grow media structure 16, which would be the same for a fourth linear actuator), and the top surface of the third linear actuator is positioned at or above the top surface of the growth media structure when the third linear actuator is in a fully retracted position (fig. 1 shows the first linear actuator 4 at fully expanded position; however, the user can adjust the first linear actuator to the fully retracted position, the top surface of the first linear actuator 4 above the grow media structure 16, which would be the same for a fourth linear actuator).
For claim 12, Lan et al. as modified by Chen et al. teach the grow tower comprising the plant lighting system as in claim 5, and further teaches (emphasis on Lan et al.) wherein the grow media structure comprises a container (tray 16 is a container).
For claim 13, Lan et al. as modified by Chen et al. teach the grow tower comprising the plant lighting system as in claim 5, and further teaches (emphasis on Lan et al.) two or more independently controllable plant lighting systems (para. 0055 stated that controller 10 can control the lighting systems 2 independent; also, para. 0045 stated a plurality of growing systems with the lighting systems and para. 0055 stated controller 10 on each system as shown in fig. 3, thus, each rack having plant lighting systems will be independently controllable).
For claim 14, Lan et al. as modified by Chen et al. teach the plant lighting system as in claim 1, and further teaches (emphasis on Lan et al.) wherein the linear actuators are synchronized (para. 0055, with controller 10).
For claim 15, Lan et al. as modified by Chen et al. teach the plant lighting system as in claim 1, and further teaches (emphasis on Lan et al.) wherein the light fixture frame is comprised of sections joined together (sections are the side brackets as shown in fig. 4-5; also, the two outside lamps 2 can be considered as sections to create the rectangular shaped frame as shown) and wherein each section supports a set of elongated lighting lamps (2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a grow tower with a plant lighting system:
US 20210356102 A1 teaches lamp bracket and bracket-type uv fluorescent lamp,
US 20220000041 A1 teaches phenotypic horticulture systems and methods,
US 20220098881 A1 teaches configurable scaffolding system,
US 20160356465 A1 teaches Automated Lighting System for Uniform Growth of Medical Cannabis,
US 11635181 B2 teaches Mounting bracket system for light fixtures,
US 20230263107 A1 teaches farming system methods and devices,
US 20240008418 A1 teaches plant lighting system.
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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