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 .
Application Status
Claims 1-13 are pending and have been examined in this application.
This communication is the first action on the merits.
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Element 28 which is first shown in figure 4, and element 29 which is first shown in figure 15. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Line 12 of page 11 of the specification states “holes 33”, the examiner believes that this is meant to state “holes 23”. Elements 28, and 29 are shown in the figures but do not appear to be listed in the specification.
Appropriate correction is required.
Claim Objections
Claim 13 is objected to because of the following informalities: Claim 13 currently reads “The rack system of claim 13,”, the examiner believes that this should be “The rack system of claim 12,”. Appropriate correction is required.
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.
Claims 1, 2, 5, 7, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus et al. (PGPub #2016/0120141) in view of Fyvolent et al. (PGPub #2019/0133064), Chen (US #9,775,330), and Shlomo (US #5,502,922).
Regarding claim 1, Stolzfus teaches a rack assembly for growing plants, the rack assembly comprising: a. a frame (The frame as seen in figure 1) for supporting at least one support member (1, and the frame as seen in figure 1); b. a storage container (112) having a container body (112 as seen in figure 9) having a lid (112 as seen in figure 9), with the lid defining at least one pipe holder (112, and 131 as seen in figure 9); c. the at least one support member having an upper portion removably coupled to the frame with a support member fastener (1, 2, 11, 15, and the frame as seen in figure 1, and Paragraph 19, this teaches that the support member can be removably mounted to the frame and connected to the frame by the sprayer which can function as the support member fastener) and a lower portion for removably inserting into the at least one pipe holder of the storage container (1, 12, and the container as seen in figure 1, 112, and 131 as seen in figure 9, and Paragraph 69); d. at least one pot holder (50) for holding one or more plants (The plants and pot holders as seen in figure 3), with the at least one pot holder being selectively arranged and removably attached to the at least one support member (1, and the holders as seen in figure 1, and Paragraph 58). But Stolzfus does not teach that the frame supports at least one light holder, and the storage container; the storage container lid is removable; and e. the at least one light holder having at least one light fixture removably attachable to the at least one light holder for providing a light source and a heat source to the plants growing within the at least one pot holder, and with the at least one light holder being selectively, slidably adjustable inwardly to or outwardly from the frame.
However, Fyvolent does teach that the frame supports at least one light holder (12, 41, and 49 as seen in figure 7), and e. the at least one light holder having at least one light fixture removably attachable to the at least one light holder (42, 4,3 and 44 as seen in figure 2, and Paragraph 40, as can be seen the light fixture is mounted to the frame and is capable of being removed as needed) for providing a light source and a heat source to the plants growing within the at least one pot holder (42, and 60 as seen in figure 2, and Paragraph 42, an operating light source inherently emits some degree of heat), and with the at least one light holder being selectively, slidably adjustable inwardly to or outwardly from the frame (Paragraph 42). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have a light holder mounted on the frame with a light fixture that can move relative to the frame because Stolzfus and Fyvolent are both plant growing systems that use frames that support columns of planters. The motivation for having a light holder mounted on the frame with a light fixture that can move relative to the frame is that it allows the frame to provide the needed light to the plant and allows the system to control the amount of light that the plant receives to help ensure that it is receiving an optimal amount of light. But Fyvolent does not teach that the frame supports the storage container, and that the storage container lid is removable.
However, Chen does teach that the frame supports the storage container (10, and 20 as seen in figure 1). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the frame support the storage container because Stolzfus and Chen are both plant growing systems with frames and integrated irrigation systems. The motivation for having the frame support the storage container is that it allows the entire system to be self-contained which can make it easier to move the whole system if needed. But Chen does not teach that the storage container lid is removable.
However, Shlomo does teach that the storage container lid is removable (2, and 5 as seen in figure 1, as can be seen the cover is a separate object from the base and is capable of being removed). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the cover be removable because Stolzfus and Shlomo are both plant growing systems that have support rods extending through an opening in a lid of a storage container. The motivation for having the cover be removable is that it allows the container to be more easily accessible which can simplify the maintenance procedure of the system.
Regarding claim 2, Stolzfus as modified by Fyvolent, Chen, and Shlomo teaches the rack assembly of claim 1, the frame further comprising two upstanding arms (The vertical members of the frame as seen in figure 1 of Stolzfus), an upper brace (The top horizontal member of the frame as seen in figure 1 of Stolzfus), a lower brace (The bottom horizontal member of the frame as seen in figure 1 of Stolzfus), with the upper brace defining a plurality of holes therethrough and spaced apart along a length of the upper brace (1, 15, and the frame as seen in figure 1 of Stolzfus, as can be seen the upper brace has at least two openings that have element 15 extending through the openings), with each of the plurality of holes for receiving one of the support member fasteners for coupling the at least one support member to the upper brace of the frame (1, 15, and the frame as seen in figure 1 of Stolzfus, as can be seen the upper brace has at least two openings that have element 15 extending through the openings and fastening the top of the support members to the frame and act as the fastener), but Stolzfus does not teach that the frame has a base, and with the base supporting the storage container.
However, Chen does teach that the frame has a base (20 as seen in figure 1), and with the base supporting the storage container (10, and 20 as seen in figure 1). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the frame have a base that supports the storage container because Stolzfus and Chen are both plant growing systems with frames and integrated irrigation systems. The motivation for having the frame have a base that supports the storage container is that it allows the entire system to be self-contained which can make it easier to move the whole system if needed.
Regarding claim 5, Stolzfus as modified by Fyvolent, Chen, and Shlomo teaches the rack assembly of claim 1, the support member further comprising a longitudinal body (1 as seen in figure 1 of Stolzfus) defining at least one slot therein for supporting the at least one pot holder (The longitudinal body, the openings and the plant holders as seen in figure 2, and Paragraph 58 of Stolzfus).
Regarding claim 7, Stolzfus as modified by Fyvolent, Chen, and Shlomo teaches the rack system of claim 5, the at least one pot holder comprising a pot for holding one or more plants (The pot holder as seen in figure 3 of Stolzfus), with one or more of the at least one pot holder being selectively arranged within the at least one slot of the at least one support member (The longitudinal body, the openings and the plant holders as seen in figure 2, and Paragraph 58 of Stolzfus), but Stolzfus does not teach that the plants being selectively provided with a light source and warmth from the at least one light fixture wherein the at least one light fixture is selectively slidable inwardly or outwardly from the at least one pot holder and the frame for optimal growth of the plants.
However, Fyvolent does teach that the plants being selectively provided with a light source and warmth from the at least one light fixture (42, and 60 as seen in figure 2, and Paragraph 42, an operating light source inherently emits some degree of heat) wherein the at least one light fixture is selectively slidable inwardly or outwardly from the at least one pot holder and the frame for optimal growth of the plants (Paragraph 42). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the light fixture provide light to the plants and move towards and away from the plants because Stolzfus and Fyvolent are both plant growing systems that use frames that support columns of planters. The motivation for having the light fixture provide light to the plants and move towards and away from the plants is that it allows the lights to provide the needed light to the plant and allows the system to control the amount of light that the plant receives to help ensure that it is receiving an optimal amount of light.
Regarding claim 9, Stolzfus as modified by Fyvolent, Chen, and Shlomo teaches the ack system of claim 5, the longitudinal body of the at least one support member defining the at least one slot comprising a plurality of the at least one slots configured around the longitudinal body of the support member (The longitudinal bodies and plurality of openings as seen in figure 2 of Stolzfus).
Regarding claim 11, Stolzfus teaches a portable rack assembly for growing and harvesting plants, the rack assembly comprising: a. a frame (The frame as seen in figure 1) having an upper brace (The top horizontal member of the frame as seen in figure 1), a lower brace (The bottom horizontal member of the frame as seen in figure 1), two upstanding arms (The vertical members of the frame as seen in figure 1), with the frame for supporting a plurality of support members (1, and the frame as seen in figure 1); b. the plurality of support members, each having a longitudinal body (1 as seen in figure 1) defining at least one slot therein (The longitudinal body, the openings and the plant holders as seen in figure 2, and Paragraph 58); c. a plurality of pot holders (50, and the holders as seen in figure 1), each having a pot for growing the plants (The plants and pot holders as seen in figure 3); f. the storage container (112) having a lid (112 as seen in figure 9) defining a plurality of pipe holders (112, and 131 as seen in figure 9), with a distal end of each of the plurality of support members being selectively inserted within the pipe holder (1, 12, and the container as seen in figure 1, 112, and 131 as seen in figure 9, and Paragraph 69) and a proximal end of each of the plurality of support members being coupled to the frame with a fastener (1, 2, 11, 15, and the frame as seen in figure 1, and Paragraph 19, this teaches that the support member can be removably mounted to the frame and connected to the frame by the sprayer which can function as the support member fastener). But Stolzfus does not teach that the frame has a base, the frame supporting a plurality of light holders, and a storage container; d. a plurality of light fixtures coupled to a corresponding of the plurality of light holders for providing a light source and warmth to the plants growing in the plurality of pot holders; e. the plurality of light holders, each having an adjustable, slidably column for moving the plurality of light holders and the plurality of light fixtures inwardly to or outwardly from the plurality of support members containing the plurality of pot holders growing the plants; and the storage container lid is removable.
However, Fyvolent does teach the frame supporting a plurality of light holders (12, 41, and 49 as seen in figure 7); d. a plurality of light fixtures coupled to a corresponding of the plurality of light holders (42, 4,3 and 44 as seen in figure 2, and Paragraph 40) for providing a light source and warmth to the plants growing in the plurality of pot holders (42, and 60 as seen in figure 2, and Paragraph 42, an operating light source inherently emits some degree of heat); e. the plurality of light holders, each having an adjustable, slidably column for moving the plurality of light holders and the plurality of light fixtures inwardly to or outwardly from the plurality of support members containing the plurality of pot holders growing the plants (Paragraph 42). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have a light holder mounted on the frame with a light fixture that can move relative to the frame because Stolzfus and Fyvolent are both plant growing systems that use frames that support columns of planters. The motivation for having a light holder mounted on the frame with a light fixture that can move relative to the frame is that it allows the frame to provide the needed light to the plant and allows the system to control the amount of light that the plant receives to help ensure that it is receiving an optimal amount of light. But Fyvolent does not teach that the frame has a base, the frame supporting a storage container; and the storage container lid is removable.
However, Chen does teach that the frame has a base (20 as seen in figure 1), the frame supporting a storage container (10, and 20 as seen in figure 1). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the frame have a base and support the storage container because Stolzfus and Chen are both plant growing systems with frames and integrated irrigation systems. The motivation for having the frame have a base and support the storage container is that it allows the entire system to be self-contained which can make it easier to move the whole system if needed. But Chen does not teach that the storage container lid is removable.
However, Shlomo does teach that the storage container lid is removable (2, and 5 as seen in figure 1, as can be seen the cover is a separate object from the base and is capable of being removed). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the cover be removable because Stolzfus and Shlomo are both plant growing systems that have support rods extending through an opening in a lid of a storage container. The motivation for having the cover be removable is that it allows the container to be more easily accessible which can simplify the maintenance procedure of the system.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus et al. (PGPub #2016/0120141) as modified by Fyvolent et al. (PGPub #2019/0133064), Chen (US #9,775,330), and Shlomo (US #5,502,922) as applied to claim 1 above, and further in view of Choi (PGPub #2023/0354759).
Regarding claim 3, Stolzfus as modified by Fyvolent, Chen, and Shlomo teaches the rack assembly of claim 1, but does not teach that the frame further comprising at least two wheels for portability of the rack assembly. However, Choi does teach that the frame further comprising at least two wheels for portability of the rack assembly (106 as seen in figure 1). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have wheels on the frame because Stolzfus and Choi are both planting systems that have a series of support columns holding plants. The motivation for having wheels on the frame is that it allows the whole system to be easily moved while requiring additional machinery or disassembling the system.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus et al. (PGPub #2016/0120141) as modified by Fyvolent et al. (PGPub #2019/0133064), Chen (US #9,775,330), and Shlomo (US #5,502,922) as applied to claim 1 above, and further in view of Gottlieb et al. (US #7,516,574).
Regarding claim 4, Stolzfus as modified by Fyvolent, Chen, and Shlomo teaches the rack assembly of claim 1, a feeding source (110 of Stolzfus); and with the feeding source further having nutrients selected from the group consisting of, water, nutrients, nutrient media, and combinations thereof (Paragraph 61 of Stolzfus), wherein the nutrients are drawn through the feeding source to the upper portion of the at least one support member for dispersing to the one or more plants growing in the at least one pot holder (1, and 15 as seen in figure 1, and Paragraphs 61-65 of Stolzfus, the examiner notes that in the figures of Stolzfus a number of elements in the figures appear to drop a “0” at the end of the element numbers and the element 15 shown in figure 1 is believed to align with element 150 in the specification); but does not teach that the storage container further comprising the feeding source, with the lid of the storage container further defining at least two gaps and defining a cutout, with the feeding source having at least one tubing insertable through one of the at least two gaps or the cutout in the lid.
However, Gottlieb does teach that the storage container further comprising the feeding source (1, and the liquid as seen in figure 3), with the lid of the storage container further defining at least two gaps and defining a cutout (7, 8, 18, and 20 as seen in figure 3, as can be seen there are at least three openings in the cover to allow the tubing air outlet line and flag to pass through the cover), with the feeding source having at least one tubing insertable through one of the at least two gaps or the cutout in the lid (8, and 18 as seen in figure 3). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the feeding source in the container and tubing extending through one of at least three openings in the cover because Stolzfus and Gottlieb are both planting systems that send nutrients to the top of the planting system in tubes. The motivation for having the feeding source in the container and tubing extending through one of at least three openings in the cover is that it allows the system to internally store the nutrients to keep the system compact while still allowing the system to deliver nutrients to the top of the support structures.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus et al. (PGPub #2016/0120141) as modified by Fyvolent et al. (PGPub #2019/0133064), Chen (US #9,775,330), and Shlomo (US #5,502,922) as applied to claim 1 above, and further in view of Ellsworth (PGPub #2021/0007302).
Regarding claim 6, Stolzfus as modified by Fyvolent, Chen, and Shlomo teaches the rack assembly of claim 1, wherein the fastened at least one support member is insertable through the at least one pipe holder and held within the storage container (1, 12, and the container as seen in figure 1, 112, and 131 as seen in figure 9, and Paragraph 69 of Stolzfus); but does not teach that each support member fastener removably coupling the at least one support member to the frame comprising an S-hook fastener, wherein the fastened at least one support member is suspended within the storage container.
However, Ellsworth does teach that each support member fastener removably coupling the at least one support member to the frame comprising an S-hook fastener (Paragraph 36) , wherein the fastened at least one support member is suspended within the storage container (11, 20, and 22 as seen in figure 9). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the fastener be an S-hook fastener that suspends the support structure because Stolzfus and Ellsworth are both suspended plant growing systems. The motivation for having the fastener be an S-hook fastener that suspends the support structure is that it allows the support member to be easily hooked and unhooked from the frame while also helping to ensure that the support structure is securely mounted to prevent damage to the plants.
Allowable Subject Matter
Claims 12, and 13 are allowed.
Claims 8, and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM LAWRENCE GMOSER whose telephone number is (571)270-5083. The examiner can normally be reached Mon - Thu 7:00-5:00.
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 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WILLIAM L GMOSER/Primary Examiner, Art Unit 3647