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) 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus (US 20160120141 A1) in view of Cudmore (US 9918436 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.
Cudmore teaches the plant housing assembly comprising a plurality of growth rings (rings 40, 60, see figs 1-3 and 13-16) each of which define at least one plant opening through a radial bend in a growth ring wall (65, see fig 14), the plurality of growth rings coupled to one another to define an interior passage (see fig 3a); and the nozzle positioned to deliver a mist of fluid directly to each plant opening in each of the plurality of growth rings (the nozzle of Stolzfus modified with the rings and interior passage of Cudmore teaches this limitation), 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 (the nozzle of Stolzfus modified with the rings and interior passage of Cudmore, see fig 3a, teaches this limitation).
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 of Stolzfus with the growth rings and an open interior passage of Cudmore with a reasonable expectation of success as this will ensure plants throughout the vertical system receive adequate hydration to optimize their growth and development.
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).
Claim(s) 3-4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus (US 20160120141 A1) in view of Cudmore (US 9918436 B2) and Bryan (US 7055282 B2) as applied to claim 1 above, and further in view of Blank (US 20140000162 A1).
Regarding claim 3, 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: an alignment surface defined at a top portion of the first growth ring about the plant axis and having a first diameter; and an overlap section defined at a bottom portion of the second growth ring about the plant axis and having a second diameter; wherein, the first diameter is greater than the second diameter.
Blank teaches further wherein a first growth ring (102) of the plurality of growth rings (see figs 2 and 3) further comprises: an alignment surface (complimentary groove 198, see para 0038 and figs 3 and 4) defined at a top portion of the first growth ring about the plant axis and having a first diameter; and an overlap section (circumferential groove 196 adapted to engage 198, see para 0038 and figs 3 and 4) defined at a bottom portion of the second growth ring about the plant axis and having a second diameter; wherein, the first diameter is greater than the second diameter (fig 4 shows greater diameter at complementary groove 198 to receive groove 196, allows pots to stack in a top-to-bottom arrangements, see para 0038 and figs 3 and 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 alignment surface of Blank with a reasonable expectation of success because this will ensure a secure stacking arrangement such that the plants have a stable growing environment.
Regarding claim 4, the modified reference teaches the plant growing apparatus of claim 3, and
Blank further teaches further wherein the plant housing assembly comprises the first growth ring and a second growth ring (vertical towers 104, see fig 2), wherein the overlap section (196) of the first growth ring is positioned radially inside of an alignment surface (198) of the second growth ring (upper growing pot 102 positioned inside lower growing pot, see figs 3 and 4).
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.
Blank teaches further comprising a further comprising a bottom portion (168, see fig 2) below a bottommost growth ring of the plurality of growth rings and a top cover (distribution head 174, see fig 3) 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 (through growing pots 102, see figs 2, 3 and 4) and the nozzle extends at least partially through the top cover and into the interior passage (sprayer 150, see para 0068, see also fig 14).
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 Blank with a reasonable expectation of success because will provide the plants with a sheltered interior cavity with optimal environmental characteristics for growth.
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus (US 20160120141 A1) in view of Cudmore (US 9918436 B2) and Bryan (US 7055282 B2) as applied to claim 1 above, and further in view of Sanderson (US 5404672 A, as cited by applicant in IDS dated 9/13/2022).
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.
Sanderson teaches further wherein a first growth ring (14) of the plurality of growth rings further comprises: at least one tab (fastening cams 72) extending radially away from the first growth ring on a bottom portion; and at least one notch (slots 76) defined axially through the growth ring wall along a top portion of the first growth ring.
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 Sanderson 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.
Bryan further teaches the further wherein the plant housing assembly contains the first growth ring (top 24, see fig 1) and a second growth ring (second 24, see fig 1).
Sanderson further teaches the tab of the first growth ring is sized to be positioned at least
partially within a notch of the second growth ring to form a portion of the plant housing assembly (see col 4, lines 38-52), wherein the tab (72) is positioned within the notch (76) to rotationally couple the first growth ring to the second growth ring (see col 4, lines 38-52).
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Stolzfus (US 20160120141 A1) in view of Cudmore (US 9918436 B2) and Bryan (US 7055282 B2) as applied to claim 1 above, and further in view of Sanderson (US 5404672 A, as cited by applicant in IDS dated 9/13/2022) and Blank (US 20140000162 A1).
Regarding claim 7, the modified reference teaches the plant growing apparatus of claim 1.
The modified reference fails to teach wherein a first growth ring of the plurality of growth rings further comprises: an alignment surface defined at a top portion of the first growth ring about a plant axis and having a first diameter; an overlap section defined at a bottom portion of the growth ring about the plant axis and having a second diameter, at least one tab extending radially away from the first growth ring on the bottom portion; and at least one notch defined axially through the growth ring wall along the top portion of the first growth ring.
Blank teaches further wherein a first growth ring (102) of the plurality of growth rings further comprises: an alignment surface (198) defined at a top portion of the first growth ring about a plant axis and having a first diameter; an overlap section (196) defined at a bottom portion of the growth ring about the plant axis and having a second diameter.
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 alignment surface of Blank with a reasonable expectation of success because this will ensure a secure stacking arrangement such that the plants have a stable growing environment.
Sanderson teaches at least one tab (fastening cams 72) extending radially away from the first growth ring on a bottom portion; and at least one notch (slots 76) defined axially through the growth ring wall along a top portion of the first growth ring.
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 Sanderson 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 8, the modified reference teaches the plant growing apparatus of claim 7, and
Blank further teaches further wherein: the plant housing assembly (towers 104, see fig 2) contains the first growth ring (upper pot 102, see fig 3)and a second growth ring (middle pot 102, see fig 3); the overlap section (196) of the first growth ring is positioned radially inside of an alignment surface (198) of the second growth ring; wherein, the overlap section (196) contacts the alignment surface (198) to maintain coaxial alignment between the first and second growth ring (as shown in fig 3), wherein, the overlap section prevents the mist from the nozzle from exiting the interior passage between the first and second growth ring (overlap and connection portions for connection multiple growth rings 102 would prevent mist or water from leaking out of the grow module, see figs 2 -4).
Sanderson further teaches and the tab (72) of the first growth ring (container 16) is sized to be positioned at least partially within a notch (76) of the second growth ring (container 14, see fig 4) to form a portion of the plant housing assembly; and the tab (72) is positioned within the notch (76) to rotationally couple the first growth ring (container 16) to the second growth ring (container 14).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable Stolzfus (US 20160120141 A1) in view of Cudmore (US 9918436 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 Cudmore (US 9918436 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 Cudmore (US 9918436 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 Cudmore (US 9918436 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 Cudmore (US 9918436 B2), 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 Bryan 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.
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. Specifically, Applicant’s amendments requiring the nozzle specifically being positioned to deliver fluid to the plants in all the growth rings has resulted in a new ground of rejection with Cudmore.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642