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 .
Information Disclosure Statement
The information disclosure statement expected to be filed supporting the 13 foreign references filed on 29 September 2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because there is no supporting IDS found in the file. The references have been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
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 1-17, 23, 27, 29, 30, & 32 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.
RE Claim 1:
In line 12, the phrase “in overhead relation to the base” is unclear; “overhead” typically references something to do with a human user. In this case, it appears that an above/below vertical relationship is attempting to be claimed.
In lines 12-14, the phrase “at least a subset of the one or more shelves being adjustably mountable to the upright support mast at different user-selectable elevations thereof” is unclear because only one shelf is required in the broadest reasonable interpretation of the claimed phrase “one or more shelves.” How can there be a subset of one shelf?
In lines 14 & 25-26, the term “user-selectable” describes the invention in terms of a particular user. Therefore, whether a device falls within the scope of the claim cannot be ascertained until a particular user engages the device. Consequently, the claim is indefinite. Ex parte Brummer, 12 USPQ2d 1653 (BdPatApp & Inter 1989).
RE Claim 15 recites “wherein at least one component of the stand, selected from among: (a) a respective growing tray of at least one of said one or more tiers, and (b) an enclosure installed on said base, has a rear end” - it is unclear if each of “a respective growing tray” and “an enclosure” are required to meet the claim, or if only one element (e.g. “an enclosure”) can be selected, and is further modified by the phrase “…has a rear…”).
RE Claims 16-17: the limitations, and thus the scope of each claim, are unclear, since claim 15 requires a selection of one of the components, but each of claims 16 & 17 positively requires one or the other. Are these attempting to steer the selection within the independent claim?
RE claim 23: the phrase “said at least one lamp resides at least partially within the lower shelf cavity of the respective growing tray that is seated atop said one of the upper subset of shelves” renders the claim unclear. In addition to the lack of antecedent basis of “the lower shelf cavity”, it is unclear which element is “seated atop” (since claim 1 gives choices), and the lights are shining downward in the claimed invention, so how are the lights shining to the upper shelf or shelves?
Claims 2-15, 27, 29, 30, & 32 are rejected as ultimately dependent from one or more claims rejected above.
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.
Claims 1-4, 6, 9-12, 15, & 16 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being disclosed by Probst et al. (US 20150068121 A1).
For claim 1, Probst discloses a growing stand (100) for indoor horticulture (the device 100 of Probst is capable of use indoors), comprising:
a supportive framework (as defined by the claimed components) comprising:
a base (tank/base 101); and
an upright support mast (one of 102) attached to said base and standing in erect relation thereto (Fig. 1), said support mast having a frontside facing forwardly in a front/rear direction (away from the shelves 103), an opposing backside facing rearwardly in the front/rear direction (toward the shelves 103), and two lateral sides facing oppositely of one another in a lateral direction of orthogonal relationship to said front/rear direction (the sides of arms 102);
one or more shelves (103) mounted (103 are mounted in Fig. 1) or mountable (103 are also capable of being mounted via notches 116) to the upright support mast at respective elevations thereon above the base in positions cantilevering forwardly from the upright support mast in overhead relation to the base (Fig. 1), at least a subset of the one or more shelves being adjustably mountable to the upright support mast at different user-selectable elevations thereof (each shelf 103 may be removed and the height adjusted by placing it in a different notch 116);
one or more respective growing trays (growing baskets, seen in Fig. 4) each of greater width, in the lateral direction, than the upright support mast (the growing baskets are wider than at least the top of the arm 102, Fig. 4) and each residing or placeable atop a respective shelf (via openings 150/152, Fig. 6) among said one or more shelves in a position thereby cantilevered forwardly from the upright support mast in a position spanning laterally across the frontside thereof (due to the rearwardly supported nature of the assembled shelves 103), each growing tray having a basin floor (the bottom of basket 159, Fig. 8) and a perimeter wall (the wall of basket, Fig. 8) surrounding said basin floor in a manner upstanding therefrom and cooperating therewith to define a fluid-fillable upper basin of the growing tray (the basket is capable of holding water for at least one of: a moment before draining and/or when the shelf trough 103 is filled); and
concealed plumbing routed along the upright support mast in concealed relation behind the frontside (Fig. 2C), and between the lateral sides (Fig. 6), thereof, and comprising flexible hose manipulatable in position to reach different user-selectable plumbing service points at varying elevations on the mast (as discussed in ¶0022).
For claim 2, Probst discloses the stand of claim 1 and Probst further discloses wherein the upright support mast is shallower in the front and rear directions that it is wide in the lateral direction (the arm 102, as shown in Fig. 2, is very thin, and the width dimension is larger).
For claim 3, Probst discloses the stand of claim 1, and Probst further discloses wherein the upright support mast is open (the “back” side of arms 102, or the side facing the shelves 103, is open, Fig. 2C) or openable at the backside thereof, at least at elevations where the one or more shelves are mounted or mountable to provide access to the concealed plumbing (Fig. 2C).
For claim 4, Probst discloses the stand of claim 1 and Probst further discloses wherein the upright support mast has one or more vertically elongated slots (notches 116) therein to accommodate elevational variation among the one or more growing trays (moving the shelves 103 up/down within or among the notches 116 would meet the claimed limitation) and one or more plumbing connections of the concealed plumbing thereto (the plumbing connections are also accommodated at least partially in notches 116, Fig. 2A).
For claim 6, Probst discloses the stand of claim 1 and Probst further discloses wherein each growing tray has an upwardly recessed shelf cavity (between 151, Figs. 8, 9A, & 9B) in an underside thereof for receiving a platform (the circumference of holes 152, between 150, Fig. 9A) of the respective shelf in a manner recessed upwardly into said underside of the growing tray for concealment of said platform by said growing tray when seated1 atop said platform of the shelf (through the twisting motion shown in Fig. 9B).
For claim 9, Probst discloses the stand of claim 1, Probst further discloses wherein a rear section of the perimeter wall of each tray has an inset mid-segment (the indent between elements 151, Figs. 8-9B) that resides between and is inset forwardly from two end-segments of said rear section of the perimeter wall for (“for” triggers an intended use of the device, unnecessary for the patentability of the device) inset receipt of the support mast at said inset mid-segment of the growing tray such that said growing tray flanks the support mast at both of said lateral sides thereof.
For claim 10, Probst discloses the stand of claim 1 and Probst further discloses wherein the basin floor of each growing tray slopes downwardly toward a lateral center of the tray (the bottom of each basket is angled, as shown in Figs. 9B and 1).
For claim 11, Probst discloses the stand of claim 1 and Probst further discloses wherein the basin floor of each growing tray comprises a center channel that is laterally centered thereon and runs in the front/rear direction (a centralized one of the channels shown in Fig. 8 formed between two neighboring ribs, Fig. 8), and at which the basin floor is downwardly and rearwardly sloped (the bottom of each basket is angled, as shown in Figs. 9B and 1).
For claim 12, Probst discloses the stand of claim 11 and Probst further discloses wherein each growing tray has a drain port at or near a rear end of the center channel (at least one opening in the side wall of the basket, corresponding with the back of the shelf, Figs. 8 & 1).
For claim 15, Probst discloses a growing stand (100) for indoor horticulture (in a similar manner to claim 1) comprising:
a supportive framework (as defined by the below-claimed components) comprising:
a base (tank/base 101);
an upright support mast (one of 102) attached to said base and standing in erect relation thereto (Fig. 1), said support mast having a frontside facing forwardly in a front/rear direction (away from the shelves 103), an opposing backside facing rearwardly in the front/rear direction (toward the shelves), and two lateral sides facing oppositely of one another in a lateral direction of orthogonal relationship to said front/rear direction (the sides of arms 102); and
one or more growing tiers (103) each mounted to the upright support mast at a respective elevation thereon above the base in a position of forwardly cantilevered relation to said upright support mast (as seen in Figs. 1 & 2A), and overhead relation to the base (Fig. 1), for growing of vegetation at each of said one or more tiers (Fig. 2B);
wherein at least one component of the stand, selected from among:
(a) a respective growing tray of at least one of said one or more tiers (105), and
(b) an enclosure installed on said base (the other is selected),
has a rear end of that resides adjacent relation to said support mast (105), and is characterized by an inset mid-segment (each set of guides in the top surface of 105 which accepts the arms 102, Fig. 6) of said rear end that is of forwardly inset relation to neighbouring outer segments of said rear end that flank said mid-segment on opposing sides thereof (the guide rails are in front of the rear of the tray 103), and said inset-mid region of said rear end receives the support mast forwardly inset relation to said neighbouring outer segments of the rear end of said component (by accepting the notch 116 therein), whereby said component flanks the support mast at both of said lateral sides thereof (105 extends past 102 in both directions, Fig. 6).
For claim 16, Probst discloses the stand of claim 15 and Probst further discloses wherein said at least one component includes at least said respective growing tray (105, as mapped above).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Probst as applied to claim 4 above, and further in view of Storey (US 20140130413 A1).
For claim 5, Probst discloses the stand of claim 4.
Probst is silent to wherein the frontside of the upright support mast comprises one or more front panels spanning between the lateral sides of the support mast, and the one or more vertically elongated slots reside in said one or more front panels of the upright support mast.
Storey, like prior art above, teaches an enclosed support hydroponic upright support mast (10, Fig. 7) comprising a frontside of the mast comprises one or more front panels spanning between the lateral sides of the support mast (Fig. 7), and one or more vertically elongated slots (24) reside in said one or more front panels of the upright support mast (Fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the upright support mast of Probst by enclosing the mast in side and back panels (“two displays can be place back to back to display completely encircling the display,” ¶0024) and providing slots in the front, or plant-facing side of the device as taught by Storey, in order to provide a known plant display technique and/or allow for easy of removal, yielding predictable results.
Claims 7 & 8 are rejected under 35 U.S.C. 103 as being unpatentable over Probst as applied to claim 1 above, and further in view of Suh et al. (KR 20170044787 A, “Suh”).
For claim 7, Probst discloses the stand of claim 1, and Probst further discloses wherein said one or more shelves comprises a plurality of shelves (103, Fig. 1),
Probst is silent to a non-lowermost one of the shelves comprises a fan support bracket attached thereto for hanging support therefrom of one or more fans in a position operable to blow air across a plant canopy of an underlying tier that comprises a more lowermost less elevated one of said shelves.
Suh, like prior art above, teaches a shelved plant system (title, disclosure) further comprising a non-lowermost one of the shelves comprises a fan support bracket (110) attached thereto for hanging support therefrom of one or more fans in a position operable to blow air across a plant canopy of an underlying tier that comprises a more lowermost less elevated one of said shelves (Fig. 1 shows fans 120 associated with each shelf, the fans hanging below the shelf above, and attached to the shelves via bracket 110).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the device of Probst with a bracket for hanging fans under one of the non-lowermost shelves as taught by Suh, in order to properly move air around the growing seedlings, increasing the health of the contained plants, and yielding predictable results.
For claim 8, Probst in view of Suh teaches the stand of claim 7 and Suh further teaches wherein said fan support bracket spans laterally from said non-lowermost one of the shelves to position said one or more fans proximate one end of said underlying tier to blow said air toward an opposing end thereof (Fig. 1).
In an alternative interpretation for claim 13: Claims 11-14, 29, 30, & 32 are rejected under 35 U.S.C. 103 as being unpatentable over Probst as applied to claim 1 above, and further in view of Zhan et al. (CN 107750935 A, “Zhan”).
For claim 11, Probst discloses the stand of claim 1.
Probst is silent to wherein the basin floor of each growing tray comprises a center channel that is laterally centered thereon and runs in the front/rear direction, and at which the basin floor is downwardly and rearwardly sloped.
Zhan, like prior art above, teaches a hydroponics device (title, disclosure) further comprising wherein basin floor of each growing tray comprises a center channel that is laterally centered thereon (the indentation of the tray, Fig. 4) and runs in the front/rear direction (from left to right of Fig. 4), and at which the basin floor is downwardly and rearwardly sloped (along the side returning to 1062 and ultimately drain 102, the floor is sloped).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the shelf/growing tray of Probst with a more structured tray with inlet 101, outlet 102, and downwardly sloped floor, as taught by Zhan, in order to be able to support more plants in a well-known arrangement, as seen in Figs. 3-5 & 8 of Zhan, and yielding predictable results.
For claim 12, Probst in view of Zhan teaches the stand of claim 11 and Zhan further discloses wherein each growing tray has a drain port at or near a rear end of the center channel (102 is near to the rear end of the channel, Fig. 5).
For claim 13, Probst in view of Zhan teaches the stand of claim 12 and Zhan further teaches wherein said drain port of at least one of the one or more growing trays is fed by both an upper drain inlet (101, Fig. 3) and a lower drain inlet (102, Fig. 5), of which the lower drain inlet has a smaller flow area, and resides at a lesser elevation, than said upper drain inlet (the drain 102 is smaller and lower than inlet 101).
For claim 14, Probst discloses the stand of claim 1 and Probst further discloses wherein at least one of the one or more growing trays comprises an upper drain inlet (fluid is pumped to the highest shelf ¶0019) and a lower drain inlet (111)
Probst is silent to a shared drain port fed by both the upper drain inlet and the lower drain inlet of which the lower drain inlet has a smaller flow area, and resides at a lesser elevation, than said upper drain inlet.
Zhan further teaches wherein said drain port of at least one of the one or more growing trays is fed by both an upper drain inlet (101, Fig. 3) and a lower drain inlet (102, Fig. 5), of which the lower drain inlet has a smaller flow area, and resides at a lesser elevation, than said upper drain inlet (the drain 102 is smaller and lower than inlet 101).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the fluid inlet of Probst to be shared as taught by Zhan, in order to lessen the number of components, and avoid unnecessary leakage, yielding predictable results.
For claim 29, Probst in view of Zhan teaches the stand of claim 11.
Probst in view of Zhan is silent to wherein the recessed channel in the basin floor forms a downwardly protrusive mid-ridge of the growing tray beneath the upper basin thereof, and each shelf comprises a recessed receiving channel in a topside thereof for receipt of said protrusive mid-ridge of the growing tray.
It would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the connection of the tray and respective shelf of the above-modified reference to be a tongue and receiving groove cooperative relationship, in order to induce a sliding relationship which avoids sudden jostling of the received liquid and/or received plants, and since the Examiner takes Official Notice that a tongue/groove fastener for receiving shelves is exceedingly well known in the art.
For claim 30, Probst in view of Zhan teaches the stand of claim 11.
Probst in view of Zhan is silent to wherein the recessed channel in the basin floor forms a downwardly protrusive mid-ridge of the growing tray beneath the upper basin thereof, and each shelf comprises an opening therein for receipt of said protrusive mid-ridge of the growing tray.
It would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the connection of the tray and respective shelf of the above-modified reference to be a tongue and receiving groove cooperative relationship, in order to induce a sliding relationship which avoids sudden jostling of the received liquid and/or received plants, and since the Examiner takes Official Notice that a tongue/groove fastener for receiving shelves is exceedingly well known in the art.
For claim 32, Probst in view of Zhan teaches the stand of claim 13 and Probst further discloses further comprising a fluid reservoir (tank 101, ¶0019) and a pump (160) operable to pump fluid from said fluid reservoir to at least one of the growing trays ¶0019, wherein the flow areas of the drain inlets and a pumping rate of the pump are such that a lower drainage rate through the lower drain inlet is lesser than the pumping rate, and an upper drainage rate through the upper drain inlet is not exceeded by the pumping rate (in the normal usage discussed in ¶0019).
Claims 23 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Probst as applied to claims 6 & 10, respectively, above, and further in view of Zhan.
For claim 23, Probst discloses the stand of claim 6 and Probst further discloses wherein said one or more shelves comprises a plurality of shelves (103), and an upper subset of the plurality of shelves, each one of which is characterized by presence of another one of the shelves in an underlying position therebeneath (at least the uppermost shelf 103 meets this definition).
Probst is silent to each has at least one lamp installed on an underside of the shelf to cast light onto said another one of the shelves, and said at least one lamp resides at least partially within the lower shelf cavity of the respective growing tray that is seated atop said one of the upper subset of shelves.
Zhan, like prior art above, teaches a hydroponics device (title, disclosure) further comprising each shelf (Fig. 1) has at least one lamp (4) installed on an underside of the shelf to cast light onto said another one of the shelves (Fig. 1), and said at least one lamp resides at least partially within the lower shelf cavity of the respective growing tray that is seated atop said one of the upper subset of shelves (the light is illustrated inside of the space above the shelf it shines on, Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the shelves of Probst with the lighting arrangement of Zhan, in order to provide light to benefit the health of the plants therein, yielding predictable results.
For claim 27, Probst discloses the stand of claim 10.
Probst is silent to wherein the basin floor comprises a ribbed profile having alternating lands and valleys, among which the basin floor is sloped downwardly toward the lateral center of the growing tray in the valleys of the ribbed profile, and each shelf comprises a flat platform and a plurality of up-bent support tabs standing upright from said flat platform at locations thereon corresponding to lands of the ribbed profile for seated receipt of the of growing tray on the up-bent support tabs of the shelf at the lands of said ribbed profile.
Zhan, like prior art above, teaches a hydroponics device (title, disclosure) further comprising wherein basin floor comprises a ribbed profile (the ribbed profile of 104, Fig. 5) having alternating lands and valleys (Fig. 5), among which the basin floor is sloped downwardly toward the lateral center of the growing tray in the valleys of the ribbed profile (sloped downward toward the drain 102, at least consistently along the return side), and each shelf comprises a flat platform (each bracket 52) and a plurality of up-bent support tabs standing upright from said flat platform at locations thereon (the upward portion of the I-beam structure of each bracket 52) corresponding to lands of the ribbed profile for seated receipt of the of growing tray on the up-bent support tabs of the shelf at the lands of said ribbed profile (at least the bottom of each shelf).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify each tray/shelf arrangement of Probst with the outlined arrangement as taught by Zhan, in order to both slow down the water for consumption by the plants, and to provide a more secure arrangement of the shelves, yielding predictable results.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Probst as applied to claim 15 above, and further in view of Paillard et al. (FR 2850528 A1, “Paillard”).
For claim 17, Probst discloses the stand of claim 15.
Probst is silent to wherein said at least one component includes at least said enclosure.
Paillard, like prior art above, teaches a plant containment structure (title, disclosure), further comprising an enclosure (13) with a notch (18) receiving the mast (2, 31).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the mounting technique of the shelves of Probst with the mounting technique of Paillard, in order to reverse the protruding and accepting elements, and since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Special attention is drawn to the disclosures of US 20110283614 A1, US 20200236865 A1, US 2974662 A, US 20150351328 A1, US 20120079765 A1, US 20090173004 A1, US 20190183062 A1, US 10405499 B2, FR 2743257 A1, KR 200453179 Y1, GB 2475527 A, CN 105104158 A, CN 104663272 A, and CN 120694156 B as disclosing an invention or aspects of the invention which are similar to those claimed and/or disclosed in the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Morgan T. Jordan whose telephone number is (571)272-8141. The examiner can normally be reached M-Th 8:30-5:30.
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/MORGAN T JORDAN/Primary Examiner, Art Unit 3643
1 Interpretation note: the phrase “when seated atop” is a conditional limitation, nested within an intended use (“for receiving a platform”), and thus, any claim mapping provided is in the spirit of compact prosecution.
Prosecution Insights