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 § 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(s) 1-3, 5-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus (US 20160120141 A1) in view of Tidona (US 10660283 B2) and Bryan (US 7055282 B2).
Regarding claim 1, Stolzfus discloses a plant growing apparatus comprising:
at least one panel separating an interior from a surrounding environment (see fig 1, grow columns within panel structure);
a plant housing assembly positioned at least partially in the interior (see fig 1, grow columns within panel structure);
a nozzle (sprayer 150, see para 0068, see also fig 14) positioned on a plant axis along a center of the plant housing (see fig 14) and at least partially in the interior passage and positioned to deliver a mist of fluid directly to each plant opening (see fig 14);
wherein the interior passage (interior receiving cavity, see para 0035) is configured to provide access directly from the nozzle to each of the at least one plant openings (see spray direction fig 14).
Stolzfus fails to disclose the plant housing assembly comprising a plurality of growth rings each of which define at least one plant opening through a radial bend in a growth ring wall, the plurality of growth rings coupled to one another to define an interior passage; and then nozzle positioned to deliver a mist of fluid directly to each plant opening in each of the plurality of growth rings, the plant housing rotatable about the plant axis; wherein the interior passage is configured to provide access directly from the nozzle to each of the at least one plant openings in each of the plurality of growth rings, wherein a first growth ring of the plurality of growth rings further comprises: an overlap section defined at a bottom portion of the first growth ring about the plant axis having a first diameter; wherein a second growth ring of the plurality of growth rings further comprises: an alignment surface defined at a top portion of the second growth ring about the plant axis having a second diameter; wherein the overlap section of the first growth ring is positioned radially inside of the alignment surface of the second growth ring; wherein the second diameter is greater than the first diameter; wherein the overlap section of the first growth ring prevents the mist from the nozzle from exiting the interior passage between the first growth ring and second growth ring.
Tidona teaches the plant housing assembly comprising a plurality of growth rings (wall rings 10, see fig 2-5c) each of which define at least one plant opening (2) through a radial bend in a growth ring wall (see fig 2-5c), the plurality of growth rings coupled to one another to define an interior passage (open interior, see col 6, lines 26-44 and figs 2-5c); and a nozzle positioned on a plant axis along a center of the plant housing and at least partially in the interior passage of the plurality of growth rings (nozzle in the lid portion, see col 6, lines 59-64) and positioned to deliver a mist of fluid directly to each plant opening in each of the plurality of growth rings (nozzle in the lid portion, see col 6, lines 59-64); the interior passage is configured to provide access directly from the nozzle to each of the at least one plant openings in each of the plurality of growth rings (see col 6, lines 51-67 and col 7, lines 1-10); wherein a first growth ring (see figs 2-5c) of the plurality of growth rings further comprises: an overlap section (7) defined at a bottom portion of the first growth ring about the plant axis having a first diameter (see fig 4); wherein a second growth ring (see figs 2-5c) of the plurality of growth rings further comprises: an alignment surface (8) defined at a top portion of the second growth ring about the plant axis having a second diameter (see fig 4); wherein the overlap section of the first growth ring is positioned radially inside of the alignment surface of the second growth ring (see figs 2-5c) wherein the second diameter is greater than the first diameter (see fig 2-5c); wherein the overlap section of the first growth ring prevents the mist from the nozzle from exiting the interior passage between the first growth ring and second growth ring (see col 6, lines 51-67 and col 7, lines 1-10).
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Annotated fig 4a-b
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified with the separate growth rings and growth ring alignment configuration of Tidona with a reasonable expectation of success as this provides for a more customizable system in regards to the number of growth rings and therefore the available cultivation space, which allows for ease of alteration by the user based on the spacing and cultivation needs of the plants, and the overlap and alignment configuration provides a secure and stable connection, to prevent unintended uncoupling of the growth rings.
Bryan teaches the plant housing rotatable about the plant axis (rotatable via plate and swivel coupling, see col 6, lines 36-48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant column of Stolzfus with the rotatable column and plurality of growth rings as taught by Bryan with a reasonable expectation of success because this will allow plants to be exposed to different conditions.
Regarding claim 2, the modified reference teaches the plant growing apparatus of claim 1, and
Bryan further teaches further wherein the plurality of growth rings (see fig 1) are coupled to one another to rotate simultaneously (column as a whole rotates, see col 6, lines 36-48) with one another around the nozzle (rotation around the center axis, rotation around nozzle as modified with Stolzfus above).
Regarding claim 3, the modified reference teaches the plant growing apparatus of claim 1, and
Tidona further teaches wherein the first growth ring of the plurality of growth rings (multiple grow rings, see figs 2-5c) further comprises: an alignment surface (8) defined at a top portion of the first growth ring about the plant axis and having a third diameter (each grow ring had both an alignment section 8 and an overlap section 7, see figs 2-5c and annotated fig 4a-b above); and wherein, the third diameter is greater than the first diameter (see figs 2-5c and annotated fig 4a-b above).
Regarding claim 5, the modified reference teaches the plant growing apparatus of claim 1.
The modified reference fails to teach further wherein a first growth ring of the plurality of
growth rings further comprises: at least one tab extending radially away from the first growth ring on a bottom portion; and at least one notch defined axially through the growth ring wall along a top portion of the first growth ring.
Tidona teaches further wherein a first growth ring (see annotated fig 4a) of the plurality of growth rings further comprises: at least one tab (91) extending radially away from the first growth ring on a bottom portion; and at least one notch (92) defined axially through the growth ring wall along the top portion of the first growth ring (see annotated fig 4a above, also col 7, lines 45-62).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified reference with the notch and tab configuration of Tidona with a reasonable expectation of success to ensure the growth rings are securely connected and the structural stability is adequate to support the growing plants.
Regarding claim 6, the modified reference teaches the plant growing apparatus of claim 5, and
Tidona further teaches the tab (91) of the first growth ring (see annotated fig 4a) is sized to be positioned at least partially within a notch (92) of the second growth ring (fig 4b) to form a portion of the plant housing assembly (see figs 2-5c), wherein the tab (91) is positioned within the notch (92) to rotationally couple the first growth ring to the second growth ring (see annotated fig 4a-b, and figs 2-5c, also col 7, lines 45-62).
Regarding claim 9, the modified reference teaches the plant growing apparatus of claim 1.
The modified reference fails to teach further comprising a bottom portion below a bottommost
growth ring of the plurality of growth rings and a top cover above a topmost growth thing of the plurality of growth rings, wherein the plurality of growth rings are positioned between the bottom portion and the top cover to define the interior passage therebetween and the nozzle extends at least partially through the top cover and into the interior passage.
Tidona teaches further comprising a further comprising a bottom portion (58, see figs 5a-c) below a bottommost growth ring of the plurality of growth rings and a top cover (20, see figs 2, see figs 5a-c) above a topmost growth ring of the plurality of growth rings; wherein the plurality of growth rings are positioned between the bottom portion and the top cover to define the interior passage therebetween (see figs 5a-c) and the nozzle extends at least partially through the top cover and into the interior passage (nozzle in the lid portion, see col 6, lines 59-64, see col 6, lines 51-67 and col 7, lines 1-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the bottom and top portion of Tidona with a reasonable expectation of success because will provide the plants with a sheltered interior cavity with optimal environmental characteristics for growth.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable Stolzfus (US 20160120141 A1) in view of Tidona (US 10660283 B2) and Bryan (US 7055282 B2) as applied to claim 1 above and further in view of Park (KR 20110037376 A).
Regarding claim 10, the modified reference teaches the plant growing apparatus of claim 1.
The modified reference fails to teach further wherein the plant housing assembly is rotationally
coupled to the plant growing apparatus through a friction reducing mechanism positioned between the bottom portion and a base plate.
Park teaches further wherein the plant housing assembly is rotationally coupled to the plant growing apparatus through a friction reducing mechanism (rotation unit 141, see fig 3) positioned between the bottom portion and a base plate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified reference with the friction reducing rotation mechanism of Park with a reasonable expectation of success because to allow for efficient rotation of the growth ring assembly to ensure all the plants in the growing receive equal light and airflow exposure to produce optimal plant growth.
Claim(s) 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus (US 20160120141 A1) in view of Tidona (US 10660283 B2) and Bryan (US 7055282 B2) as applied to claim 1 above and further in view of Lu et al (US 20170347547 A1, as cited by applicant in IDS dated 9/13/2022).
Regarding claim 11, the modified reference teaches the plant growing apparatus of claim 1.
The modified reference fails to teach further comprising a door that transitions from a closed
position to an opened position, wherein in the closed position the door substantially isolates an opening in the at least one panel from the surrounding environment and in the opened position the door allows access to the interior through the opening.
Lu teaches further comprising a door that transitions from a closed position to an opened position (see fig 1 and para 0043) wherein in the closed position the door substantially isolates an opening in the at least one panel from the surrounding environment and in the opened position the door allows access to the interior through the opening (see para 0022 and 0052).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified reference with the door of Lu with a reasonable expectation of success because this will allow for both easy access to the plants while also providing an environmentally isolated system to ensure the plants receive optimal growing conditions.
Regarding claim 13, the modified reference teaches the plant growing apparatus of claim 1.
The modified reference fails to teach further comprising a drawer positioned at a bottom
portion of the plant growing apparatus, the drawer being slidable between a closed position and an opened position, wherein the drawer is configured to receive a reservoir therein to contain a fluid.
Lu et al teaches further comprising a drawer (see drawer in fig 1) positioned at a bottom portion of the plant growing apparatus, the drawer being slidable between a closed position and an opened position (see fig 1) wherein the drawer is configured to receive a reservoir therein to contain a fluid.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified reference with the slidable drawer of Lu et al with a reasonable expectation of success to allow the user easy access to the drawer for cleaning or emptying and refilling of the reservoir.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being Stolzfus (US 20160120141 A1) in view of Tidona (US 10660283 B2), Bryan (US 7055282 B2) and Lu et al (US 20170347547 A1, as cited by applicant in IDS dated 9/13/2022) as applied to claim 11 above and further in view of Topps (US 10694681 B2) and Blank (US 20140000162 A1).
Regarding claim 12, the modified reference teaches the plant growing apparatus of claim 11.
The modified reference fails to teach a light source, a sensor on the door that communicates with a controller to identify the position of the door; wherein, the brightness of the light source is reduced when the controller identifies the door is in the opened position with the sensor.
Blank teaches a light source (lamps 302, see para 0044 and fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with a light source with a reasonable expectation of success because this will allow adjustment of lighting based on specific plant needs.
Topps teaches a sensor on the door that communicates with a controller to identify the position of the door (door position sensor and controller, see col 2, lines 1-21, see also claim 4); wherein, the brightness of the light source is reduced when the controller identifies the door is in the opened position with the sensor (controller turns UV light source off when door is open, see col 2, lines 1-21, see also claim 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified reference with the door sensor and light brightness configuration of Topps with a reasonable expectation of success to prevent user exposure to harmful UV light.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable Stolzfus (US 20160120141 A1) in view of Tidona (US 10660283 B2), Bryan (US 7055282 B2) and Lu et al (US 20170347547 A1) as applied to claim 13 above and further in view of Blackburn (US 10973186 B2).
Regarding claim 14, the modified reference teaches the plant growing apparatus of claim 13,
and Stolzfus further discloses a pump (pump 113, see col 0061 and fig 14) that selectively draws fluid from the reservoir and distributes the fluid into an interior passage defined in part by the plurality of growth rings.
The modified reference fails to teach and a locking mechanism that selectively restricts the drawer from transitioning from the closed position to the opened position; wherein the locking mechanism restricts the drawer from transitioning from the closed position to the opened position when the pump is distributing fluid into the interior passage.
Blackburn teaches and a locking mechanism (drawer latch 79, see fig 10 and col 8, lines 1-11) that selectively restricts the drawer from transitioning from the closed position to the opened position;
wherein the locking mechanism restricts the drawer from transitioning from the closed position to the opened position when the pump is distributing fluid into the interior passage (drawer latch 79 and shutoff valve 91, see fig 10 and col 8, lines 1-11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified reference with the drawer locking configuration of Blackburn with a reasonable expectation of success to prevent the drawer from opening accidentally and disturbing the watering process and wasting water.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable in view of Stolzfus (US 20160120141 A1) in view of Tidona (US 10660283 B2) and Bryan (US 7055282 B2) as applied to claim 1 above and further in view of Lu et al (US 20170347547 A1, as cited by applicant in IDS dated 9/13/2022), Lepp et al (US 20160316646 A1, as cited by applicant in IDS dated 9/13/2022) and Collins (US 9591814 B2).
Regarding claim 15, the modified reference teaches the plant growing apparatus of claim 1.
Stolzfus further discloses a fluid system that selectively provides fluid to the interior passage of
the plurality of growth rings (as modified by Tidona to have growth rings), the fluid system comprising a pump (pump 113, see col 0061 and fig 14).
The modified reference fails to teach an electrical system that monitors the level of a fluid in the fluid system, the electrical system comprising a fluid level sensor at least one of a nebulizer, a UV light, anode probes, and a deionizer; and a flow meter.
Collins teaches a fluid system that selectively provides fluid to the interior passage of the plurality of growth rings (see col 24, lines 24-36), the fluid system comprising a pump (98, see col 24, lines 7-14) and an electrical system that monitors the level of a fluid in the fluid system (see col 24, lines 24-36), the electrical system comprising a fluid level sensor (sensors for fertigation levels, flow rates).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with the electrical monitoring system including level sensors with a reasonable expectation of success because this will ensure the reservoir maintains adequate levels of fluid to be able to supply the grow tower with fluid as needed by the plants.
Lu teaches at least one of a nebulizer, a UV light (see para 0045), anode probes, and a deionizer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified reference with the UV light of Lu with a reasonable expectation of success to prevent bacteria or microbe growth within the plants water supply to ensure the plants receive optimal growing conditions.
Lepp et al teaches and a flow meter (404, see para 0024).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified reference with the flow meter of Lepp et al with a reasonable expectation of success to ensure the watering system is functioning optimally and the plants are receiving adequate water in the proper intervals to prevent drying out or root rot.
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable in view of Stolzfus (US 20160120141 A1) in view of Tidona (US 10660283 B2) and Bryan (US 7055282 B2) as applied to claim 1 above and further in view of Sanderson (US 5404672 A).
Regarding claim 21, the modified reference teaches the plant growing apparatus of claim 1.
The modified reference fails to teach wherein the overlap section comprises a lip extending radially toward the plant axis.
Sanderson teaches wherein the overlap section comprises a lip extending radially toward the plant axis (inward rim 20 and inwardly disposed ledge 28, see figs 4-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the overlap section with the lip of Sanderson with a reasonable expectation of success as this will ensure the growth rings are fully seated together and prevent accidental uncoupling to provide a more secure and stable connection.
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable in view of Stolzfus (US 20160120141 A1) in view of Tidona (US 10660283 B2) and Bryan (US 7055282 B2) as applied to claim 1 above and further in view of Bradshaw (US 5502923 A).
Regarding claim 22, the modified reference teaches the plant growing apparatus of claim 1.
The modified reference fails to teach further comprising a gasket disposed between the overlap section and the alignment surface.
Bradshaw teaches further comprising a gasket disposed between the overlap section and the alignment surface (support collar 38 for nesting with 62, bottom of module 6, and module 4, see figs 1-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the system with the gasket of Bradshaw with a reasonable expectation of success as this will provide a more secure and stable fit, yet also allow for ease of disassembly as needed for maintenance or cleaning, due to the rotational connection of collar 38 (see col 3, lines 31-39).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 regarding Stolzfus and Bryan have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Those references cited on the attached 892 form, but not referenced in the rejection above, exhibit similarities to the present invention, particularly, Lund, which teaches a hollow grow tower, including growth rings with overlap and alignment sections, see figs 1-2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE ANNE KLOECKER whose telephone number is (571)272-5103. The examiner can normally be reached M-Th: 8:00 -5:30 MST, F: 8:00 - 12:00 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached on (571) 270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights