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 .
This is the first Office Action on the merits. Claims 1-10 are currently pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
The claims are objected to because of at least the following informalities:
claim 1, line 4, “and,” should read “and”
please fix spacing issues with punctuation. For example, see claim 2, line 2, “channels ,” should read “channels,”
claim 2 is missing a transitional phrase,
claim 2, line 1, “NFTs” should read “NFT”
the claims recite “topmost layer” and “top most layer”, and “bottommost layer” and “bottom most layer”. Please choose a single spelling for each for consistency.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claims 2, 4-6 and 10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 2 is indefinite because the term, “NFT” is not defined in the claim before using the abbreviation.
Claim 4 is indefinite because it is unclear what is meant by “the vertically oriented rods in the supporting frame are connected to rods or brackets oriented perpendicularly to support the layers onto which NFT channels are seated”. It is unclear if the “rods or brackets” are referring to the rods of the supporting frame, especially in view of applicant’s disclosure.
Claim 5 recites the limitation "the frame comprises rods” in line 5. It is unclear if the frame and rods mentioned is referring to the supporting frame and various rods mentioned in claim 1, or to a different frame and different rods.
Claim 10 is indefinite because it states “the method according to claim 1”, but claim 1 is directed to a system. Additionally, claim 10 is indefinite because it is unclear if applicant attempting to positively recite a power source and a plurality of light sources as a part of the system, or if claim 10 is merely requiring that the grow tower is capable of connecting to a power and light source. For purposes of examination, it is assumed that claim 10 does require a power source and a plurality of light sources.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood. Claim 6, depending on rejected claim 5 above is rejected the same.
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.
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Claim 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potter (US 4122781 A), hereafter referred to as “Potter”.
Regarding claim 1, Potter discloses grow tower system for enabling hydroponic cultivation (figs. 1-11), the system comprising:
a supporting frame (12, 14, 16, 18, 20, 22, 24, 26, 28; fig. 1) comprising a plurality of vertically oriented rods (12, 14, 318, 20, 22, 24) and a plurality of horizontally oriented rods (16, 26, 28), wherein the horizontally oriented rods include those at the base (28), towards the top (26), and between the top and base rods (annotated fig. 1); and
a plurality of layers supported by mechanical couplings on the supporting frame (annotated fig. 1), wherein the layers comprise a topmost layer (annotated fig. 1), a second layer (annotated fig. 1) from the top, a third layer (annotated fig. 1) from the top, and a bottommost layer (annotated fig. 1);
wherein, the plurality of layers are configured with varying widths (fig. 1), wherein, the width of the second layer is at least 1.5 times that of the topmost layer (annotated fig. 1) and the width of the third layer is at least half that of the second layer (annotated fig. 1) and wherein, the bottommost layer is at least double the width of the top-most layer (annotated fig. 1).
Regarding claim 2, Potter discloses the system of claim 1, and further discloses that the top most layer (annotated fig. 1) designed to accommodate up to four NFTs channels (annotated fig. 1 showing that the topmost layer would be able to accommodate up to four NFT channels), the second layer (annotated fig. 1) is designed to accommodate at least six NFT channels (annotated fig. 1 showing that the second layer would be able to accommodate up to six NFT channels), the third layer (annotated fig. 1) is designed to accommodate up to three NFT channels (annotated fig. 1 showing that the topmost layer would be able to accommodate up to three NFT channels) and the bottom most layer (annotated fig. 1) is designed to accommodate at least eight NFT channels (annotated fig. 1 showing that the topmost layer would be able to accommodate at least eight NFT channels).
Regarding claim 3, Potter discloses the system of claim 1, and further discloses wherein the top most layer (annotated fig. 1) is designed to accommodate four NFT channels, with two NFT channels on each side of the frame (annotated fig. 1 showing that the topmost layer would be able to accommodate four NFT channels, with two NFT channels on each side) and wherein the second layer (annotated fig. 1) is designed to accommodate six NFT channels, with three NFT channels on each side of the frame (annotated fig. 1 showing that the second layer would be able to accommodate six NFT channels, with three NFT channels on each side).
Regarding claim 4, Potter discloses the system according to claim 1, and further discloses that the vertically oriented rods in the supporting frame are connected to rods or brackets oriented perpendicularly to support the layers onto which NFT channels are seated (annotated fig. 1).
Regarding claim 5, Potter discloses the system according to claim 1, and further discloses that the frame (12, 14, 16, 18, 20, 22, 24, 26, 28) comprises rods made from a material selected from metal or metal alloys (col. 3, lines 56-62).
Regarding claim 6, Potter discloses the system of claim 5, and further discloses that the metal is steel with or without powder coating (col. 3, lines 56-62).
Regarding claim 7, Potter discloses the system according to claim 1, and further discloses that the mechanical couplings for holding the layers on the supporting frame are selected from screws, clamping groove nuts, and bolts (col. 3, lines 49-56 and element 34).
Regarding claim 8, Potter discloses the system according to claim 1, and further discloses that the layers are arranged in a manner such that the upper layers cast minimum shadow on the lower layers (annotated fig. 1), ensuring that ambient light reaches the bottommost layer (annotated fig. 1), and wherein, the second and third layers are arranged in a manner such that the third layer is placed only on the inside of half of the tower to prevent casting shadows on the lower layers (annotated fig. 1 showing that the third layer is placed within the inner, central region of a lower half of the frame).
Regarding claim 9, Potter discloses the system according to claim 1, and further discloses that the grow tower system for enabling hydroponic cultivation is portable (see, e.g., wheels 32; fig. 1) and detachable, allowing for disassembly and reassembly (col. 3, lines 49-56).
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.
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Potter as applied to claim 1 above, and further in view of Ware (US 4045911 A), hereafter referred to as “Ware”.
Regarding claim 10, Potter teaches the method according to claim 1, but does not explicitly teach that the grow tower is connected to a power source and a plurality of light sources to provide supplementary light for hydroponic cultivation.
Ware teaches a grow tower system (figs. 1-27) including a grow tower (see, e.g., figs. 1 and 7) connected to a power source (p) and a plurality of light sources (gs) to provide supplementary light for hydroponic cultivation (figs. 1 and 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Potter, such that the grow tower is connected to a power source and a plurality of light sources to provide supplementary light for hydroponic cultivation, as taught by Ware, in order to improve plant yield and growth (col. 1, lines 31-45).
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims.
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/H.J.B./Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643