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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 is rejected for new matter in regards to the amended limitation “one or more modular storage cabinets and directly attached to the frame within the interior space and disposed proximate to an entrance of the hydroponics farming apparatus.” The specification does not state that the cabinets are directly attached to the frame and the drawing does not provide sufficient clarity or detail to support this amendment. Clarification and correction are required but no new matter may be added.
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.
Claims 1-2, 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1) and Ofir (US 20210144942 A1).
Regarding claim 1, Helene discloses a hydroponics farming apparatus for plant production (see
figs 1-6 and abstract), comprising:
a frame (shell of 100/200, see figs 1-2b) configured to define an interior space (300, see fig 3) for
farming one or more plants;
a plurality of functional systems (lights 486, irrigation system 700) configured to facilitate
farming of the one or more plants;
a first plurality of sensors (1114a-e, air sensors, humidity sensors, nutrient sensors disposed
within container 200, see col 14, lines 43-49, col 15, lines 24-30, and 36-49) configured to monitor conditions associated with farming of the one or more plants;
one or more modular storage cabinets (utility cabinet 320, see fig 4) directly attached to the
frame within the interior space (320 within interior 300, attached to shell, see figs 1-4) and disposed proximate to an entrance (240) of the hydroponics farming apparatus, each modular storage cabinet (320) including electronics (control system 426 with controllers 1102a/b, see col 13, lines 46-58) that are pre-assembled in the respective modular storage cabinet and configured to communicate with one or more of the first plurality of sensors and the plurality of functional systems (see col 15, lines 14-57), the one or more modular storage cabinets including interfaces that are pre-constructed and configured to interface with one or more of the plurality of functional systems (control system 426 in the cabinet 320 includes controller 1102, which communicates with the functional systems, see col 15, lines 14-57), the electronics including a main controller (1102a/b, see col 13, lines 46-58) configured to collect data from the first plurality of sensors and provide instructions related to controlling of the plurality of functional systems (see col 15, lines 14-57),
wherein the first plurality of sensors are disposed within the interior space and outside the one
or more modular storage cabinets (1114a-e, air sensors, humidity sensors, nutrient sensors disposed within container 200, in cultivation space, see col 14, lines 43-49, col 15, lines 24-30, and 36-49).
Helene fails to disclose the one or more modular storage cabinets being removably attached,
wherein the one or more modular storage cabinets further includes a second plurality of sensors disposed within the one or more modular storage cabinets and configured to monitor an internal environment of the one or more modular storage; wherein each modular storage cabinet can be removed and replaced with a different modular storage cabinet including a different configuration of pre-assembled electronics to customize the controlling of the plurality of functional systems, wherein the second plurality of sensors are configured to be removed and replaced together with the one or more modular storage cabinets when the one or more modular storage cabinets are removed and replaced.
Millar teaches one or more modular storage cabinets removably attached to the frame (see
annotated fig 5 below), each modular storage cabinet including electronics that are pre-assembled in the in the respective modular storage cabinet (modules 300, see fig 5 and para 0065) and configured to communicate with one or more of the first plurality of sensors and the plurality of functional systems (modules 300 can communicate with sensors and transmit commands, see para 0065), the one or more modular storage cabinets including interfaces that are pre-constructed and configured to interface with one or more of the plurality of functional systems (see para 0017, 0022, 0059, 0065 and fig 5),the electronics including a main controller (each crop control module 300 has control, computing and processing device for data, see para 0040) configured to collect data from the first plurality of sensors and provide instructions related to controlling of the plurality of functional systems (see para 0040-0041); wherein each modular storage cabinet can be removed and replaced with a different modular storage cabinet including a different configuration of pre-assembled electronics to customize the controlling of the plurality of functional systems (hot-swappable control interface modules, see para 0017, 0022, 0059, and fig 5).
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Annotated fig 5
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 utility cabinet of Helene with the removable and replaceable modular cabinets of Millar with a reasonable expectation of success as this will allow for ease of system customization by changing electronics cabinets without interrupting the functionality of the system.
Ofir teaches a first plurality of sensors configured to monitor conditions associated with farming
of the one or more plants (sensors for plant growing space, see para 0018 and 0051); wherein the one or more modular storage cabinets (multiple compartments 806, 808 and 814, see para 0056) further includes a second plurality of sensors disposed within the one or more modular storage cabinets and configured to monitor an internal environment of the one or more modular storage cabinets detect further conditions associated with farming of the one or more plants (sensors in the compartments such as in the climate subsystem and water tank, see para 0018, see also para 0051, compartments 806, 808 and 814, climate subsystem 823 with sensor in cabin air inlet, see para 0056); and wherein the second plurality of sensors are configured to be removed and replaced together with the one or more modular storage cabinets when the one or more modular storage cabinets are removed and replaced (the modular cabinets of Millar as modified by Ofir teaches having sensors in the removable cabinets).
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 sensors with the second set of sensors in the control space as taught by Ofir with a reasonable expectation of success because this allows for effective monitoring and control of plant conditions and environmental factors such as nutrient solution temperature or concentration to ensure plants receive optimal growing conditions.
Regarding claim 2, the modified reference teaches the hydroponics farming apparatus of claim
1, and Helene further discloses wherein the main controller (1102) is further configured to communicate with an external electronic system (remote operating system 1104, see col 16, lines 16-27), and wherein the main controller (1102) communicates the collected data to the external electronic system for processing (1102 can send data to 1104, see col 14, lines 24-42), and provides instructions related to controlling of the plurality of functional systems based on the processed results by the external electronic system (1102 can send data to 1104, see col 14, lines 24-42).
Regarding claim 4, the modified reference teaches the hydroponics farming apparatus of claim
1, and Helene further teaches wherein the one or more modular storage cabinets (320) include an irrigation system configured to provide fluid nutrients to the one or more plants (nutrient tank 422).
The modified reference fails to teach wherein the one or more modular storage cabinets include a climate system configured to control environmental conditions of the interior space.
Ofir teaches wherein the one or more modular storage cabinets (806, 808 and 814, see para 0056) include a climate system configured to control environmental conditions of the interior space and an irrigation system configured to provide fluid nutrients to the one or more plants (in the compartments such as in the climate subsystem and water tank, see para 0018, see also para 0051, compartments 806, 808 and 814, climate subsystem 823 with sensor in cabin air inlet, see para 0056).
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 climate and irrigation systems in the cabinets as taught by Ofir with a reasonable expectation of success as this will ensure the plants environmental conditions are closed monitored and adjusted as needed to optimize plant growth and crop yield.
Regarding claim 14, the modified reference teaches the hydroponics farming apparatus of claim 1, and Helene further discloses further comprising one or more of a bucket system, a tower system, and a stack tray system for farming of the one or more plants (stacked tray system, see figs 43-7).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1) and Ofir (US 20210144942 A1) as applied to claim 4 above and further in view of Alessio (WO 2020178781 A1).
Regarding claim 5, the modified reference teaches the hydroponics farming apparatus of claim 4.
The modified reference fails to teach wherein the climate system includes ventilation means configured to adjust temperature and humidity of the interior space, and sensing means configured to collect temperature and humidity data and provide the temperature and humidity data to the main controller.
Alessio teaches wherein the climate system includes ventilation means configured to adjust temperature and humidity of the interior space (climate control unit 25 adjusts temperature and humidity, see page 15, lines 13-22), and sensing means configured to collect temperature and humidity data and provide the temperature and humidity data to the main controller (sensors 8 include sensing temperature and humidity, see page 11, lines 8-12).
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 climate control device and sensors of Alessio with a reasonable expectation of success because this will ensure the system can efficiently monitor and manage the temperature and humidity of the growing space to provide optimal conditions to the growing plants.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1) and Ofir (US 20210144942 A1) as applied to claim 4 above and further in view of Hatran (US 11825785 B2).
Regarding claim 6, the modified reference teaches the hydroponics farming apparatus of claim 4.
The modified reference fails to teach wherein the irrigation system includes a reverse osmosis filtration system for filtering water received from a water supply, a reverse osmosis reservoir for storing the water received from the reverse osmosis filtration system, and a clean water reservoir for storing the water received from the reverse osmosis reservoir.
Hatran teaches wherein the irrigation system includes a reverse osmosis filtration system (114, see fig 1 and col 6, lines 37-44) for filtering water received from a water supply, a reverse osmosis reservoir (reservoir 110 for water from filtration 114, see fig 1) for storing the water received from the reverse osmosis filtration system, and a clean water reservoir (130, see fig 1) for storing the water received from the reverse osmosis reservoir.
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant apparatus system with the irrigation filtration system of Hatran with a reasonable expectation of success in order to preserve water by reusing stormwater/seawater/etc. to clean and supply to plants.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1), Ofir (US 20210144942 A1) and Hatran (US 11825785 B2) as applied to claim 6 above, and further in view of Leo (US 11096349 B2).
Regarding claim 7, the modified reference teaches the hydroponics farming apparatus of claim 6.
The modified reference fails to teach wherein the irrigation system includes a volume sensor and a temperature sensor disposed in the clean water reservoir, the temperature sensor configured to monitor temperature of water in the clean water reservoir, the volume sensor configured to monitor volume of water in the clean water reservoir.
Leo teaches a farming system wherein the irrigation system includes a volume sensor and a temperature sensor (temperature sensor T0) disposed in the clean water reservoir, the temperature sensor configured to monitor temperature of water in the clean water reservoir, the volume sensor configured to monitor volume of water in the clean water reservoir (Col. 26 lines 17-39 and Col. 37 lines 31-39; common reservoir 500 comprising upper level switch [LH] and a lower level switch [LL] and temperature sensor T0).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant apparatus of the modified reference with the volume and temperature sensor of Leo with a reasonable expectation of success in order to track and maintain enough water in the reservoir to be supplied to plants and to ensure the water being supplied to plants is a desired temperature to optimize growth.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1) and Ofir (US 20210144942 A1), further in view of Hatran (US 11825785 B2) as applied to claim 6 above and further in view of Sutton (US 8950976 B2).
Regarding claim 8, the modified reference teaches the limitations of claim 6.
The modified reference fails to teach wherein the irrigation system includes at least one of a rainwater collection reservoir configured to collect rainwater through one or more rain collection pipes attached to the frame of the hydroponics farming apparatus and a seawater desalination reverse osmosis system that transforms seawater into water for plant irrigation.
Sutton teaches wherein the irrigation system includes at least one of a rainwater collection reservoir configured to collect rainwater through one or more rain collection pipes attached to the frame of the hydroponics farming apparatus and a seawater desalination reverse osmosis system that transforms seawater into water for plant irrigation (seawater desalination reverse osmosis system for desalinating water for plant irrigation, see col 5).
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 desalination reverse osmosis system of Sutton with a reasonable expectation of success because this provides a more environmentally friendly system by reusing stormwater/seawater/etc. to clean and supply to plants.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1) and Ofir (US 20210144942 A1), as applied to claim 4 above and further in view in view of Adest (WO 2021059015 A2).
Regarding claim 9, the modified reference teaches the hydroponics farming apparatus of claim 4.
The modified reference fails to teach wherein the irrigation system includes a nutrients supply tank for supplying nutrients, a nutrients solution reservoir connected to nutrients supply tank and for preparing nutrients solution, a plurality of sensing means for monitoring parameters associated with nutrients solution, a temperature adjusting means for changing temperature of the nutrients solution, a stirring means for stirring the nutrients solution, and one or more pH adjustment tanks in fluid communication with the nutrients solution reservoir for adjusting pH level of nutrients solution in the nutrients solution reservoir.
Adest teaches wherein the irrigation system: includes a nutrients supply tank for supplying nutrients (central tank, see para 0062), a nutrients solution reservoir (60, see para 0043) connected to nutrients supply tank and for preparing nutrients solution, a plurality of sensing means for monitoring parameters associated with nutrients solution (nutrient reservoir temperature and pH sensors, see para 00156), a temperature adjusting means for changing temperature of the nutrients solution (temp adjusting means, see para 0073), a stirring means for stirring the nutrients solution (air pump or magnetic stir system, see para 00108), and one or more pH adjustment tanks in fluid communication with the nutrients solution reservoir for adjusting pH level of nutrients solution in the nutrients solution reservoir (adjustment of nutrients for proper pH levels, see para 00107).
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 pH sensors and stirring system of Adest with a reasonable expectation of success because this will ensure the nutrient solution is maintained at the proper levels needed for optimal growing conditions.
Regarding claim 10, the modified reference teaches the hydroponics farming apparatus of claim 9.
The modified reference fails to teach further comprises a nutrients solution conveying means configured to convey nutrients solution from the nutrients solution reservoir to the one or more plants, and a nutrients solution returning means configured to return unused nutrients solution to the nutrients solution reservoir.
Adest teaches further comprises a nutrients solution conveying means (see fig 5c and para 0056, pump nutrients to plants, runs back to reservoir) configured to convey nutrients solution from the nutrients solution reservoir to the one or more plants, and a nutrients solution returning means configured to return unused nutrients solution to the nutrients solution reservoir (see fig 5c and para 0056, pump nutrients to plants, runs back to reservoir).
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 fluid conveying means of Adest with a reasonable expectation of success because this will ensure the nutrients are properly conveyed to the growing area, and excess are returned to the reservoir to provide an environmentally friendly system and reduce water waste.
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1) and Ofir (US 20210144942 A1) as applied to claim 1 above and further in view in view of Lu (US-10499574-B2) and Gustafik (US 10021838 B1).
Regarding claim 11, the modified reference teaches the hydroponics farming apparatus of claim 1.
The modified reference fails to teach wherein the plurality of functional systems include a plurality of lighting devices, and the first plurality of sensors include light sensors for collecting lighting information associated with the plurality of lighting devices, at least a first one or more of the lighting devices being attached to an interior wall of the hydroponics farming apparatus, at least a second one or more of the lighting devices being attached to a ceiling of the hydroponics farming apparatus.
Lu teaches wherein the plurality of functional systems include a plurality of lighting devices (two sets of lights 29, see fig 2), at least a first one or more of the lighting devices being attached to an interior wall of the hydroponics farming apparatus (lights 29 on interior wall, see fig 2).
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 lights to be on the interior wall as taught by Lu with a reasonable expectation of success to ensure all the plants, even those near the bottom of the planting chamber, receive equal lighting needed to optimize growth.
Gustafik teaches a growing system wherein the first plurality of sensors include light sensors for collecting lighting information associated with the plurality of lighting devices (Claims 3 and 15; lighting sensor), and at least a second one or more of the lighting devices being attached to a ceiling of the hydroponics farming apparatus. (Col. 9 lines 20-22; attached to ceiling).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant apparatus of the modified reference with the lighting device mounted on the ceiling and light sensors of Gustafik with a reasonable expectation of success in order to properly provide the plants with light and at levels that are optimal for plant growth.
Regarding claim 13, the modified reference teaches the hydroponics farming apparatus of claim 1.
The modified reference fails to teach wherein the plurality of functional systems includes one or more video-capturing devices for collecting visual information and communicating the visual information to the main controller.
Gustafik teaches a growing system wherein the plurality of functional systems includes one or more video-capturing devices for collecting visual information and communicating the visual information to the main controller (Col. 2 lines 59-66; video monitoring/surveillance).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant apparatus of the modified reference with the video monitoring of Gustafik with a reasonable expectation of success in order to monitor the growth and overall status of the plants and the grow environment to track whether or not adjustments need to be made to benefit the plants.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1) and Ofir (US 20210144942 A1) as applied to claim 1 above and further in view of Millar et al. (US 11191224 B2, hereafter referred to as Millar ‘224).
Regarding claim 12, the modified reference teaches the hydroponics farming apparatus of claim 1.
The modified reference fails to teach wherein the plurality of functional systems include one or more energy harvesting devices, the energy harvesting devices including at least one of photovoltaic devices, wind turbines, and hydrogen fuel cells, and when the energy harvesting devices includes a photovoltaic device. the electronics of the one or more modular storage cabinets includes balance-of-system and sensing means for facilitating management of solar energy harvested from the photovoltaic device.
Millar ‘224 teaches a growing system wherein the plurality of functional systems include one or more energy harvesting devices, the energy harvesting devices including at least one of photovoltaic devices, wind turbines, and hydrogen fuel cells (Col. 6 lines 16-24; wind turbines 212).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant apparatus of the modified reference with the wind turbines of Millar with a reasonable expectation of success in order to utilize green and clean energy to power the system.
Claims 15 is rejected under 35 U.S.C. 103 as being unpatentable over Helene (US 10034435 B2) in view of Millar (US-20180359938-A1) and Ofir (US 20210144942 A1) as applied to claim 1 above and further in view of Geltner (US 20220272907 A1).
Regarding claim 15, the modified reference teaches the hydroponics farming apparatus of claim 1.
The modified reference fails to teach wherein the plurality of functional systems includes a pollination device that helps collect pollen from a male plant and transfer pollen to fertilize female plants.
Geltner teaches an automated plant grow system wherein the plurality of functional systems includes a pollination device that helps collect pollen from a male plant and transfer pollen to fertilize female plants (Para [0116]; pollination system).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant apparatus of the modified reference with the pollination system of Geltner with a reasonable expectation of success in order to automate and speed up the pollination process to improve plant growth.
Response to Arguments
Applicant's arguments filed 1-2 and 4-20 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments of the frame and placement of the cabinets of Millar, Millar is no longer the primary reference and not used for those limitations, and therefore this argument is moot.
Applicant argues that, in Millar, bay 502 doesn’t teach “pre-assembled electronics,” however, it is crop module 300 that is being cited as the modular storage cabinet. Module 300 has electronics that are hot swappable, i.e. swappable without interrupting the functionality of the system, which therefore are pre-assembled. Applicant argues that hot-swappable does not specify pre-assembled electronics, however, hot-swappable requires the ability to replace components without rebooting the system, which would require the components to be fully assembled. Further, there are no specifics or details in Applicant’s specification as to what exactly “pre-assembled” requires.
Applicant argues that Millar does not teach the controller configured to receive data from the first plurality of sensors, however this is discussed in paragraph 0065 which states “that is, the crop control module 300 may receive signals and/or data from sensors, from portions of the assembly line grow pod 100, from the master controller 160, from the other control modules, and/or the like.” This is also now taught by primary reference Helene.
Applicant argues that the removable modules 300 of Millar, and the multiple compartments 806, 808 and 814 of Ofir do not constitute cabinets, however the cabinets of the instant application in fig 3a appear to be each be a drawer, as opposed to separate storage cabinets, and there are no further structural details of this in the specification. Further, it would be obvious to one of ordinary skill in the art to utilize separate storage cabinets to allow for more storage space for multiple replaceable components.
Applicant argues that Ofir fails to teach the second plurality of sensors in the storage cabinets. Ofir teaches sensors in the climate subsystem and water tank to monitor conditions. Applicant argues that this is different from sensors “that monitor the internal environment of the module.” However, Applicant’s own specification states that the second plurality of sensors, 261, of the storage cabinet, may collect data in regards to the climate system 263 or irrigation system 265. Therefore the second plurality of sensors of the instant application are performing the same functions as those of Ofir.
Applicant argues that Ofir fails to teach a removable cabinet module having sensors that monitor the internal environment of that removable module and are swapped as a unit with it. Applicant specifically argues that Ofir fails to teach the sensors being “co-removed” with the cabinet. Millar teaches the removable cabinet with pre-configured electronics, as seen in the above rejection. Ofir teaches including sensors in the storage and electronics cabinets. Therefore, the combination of the removable storage and electronics cabinets of Millar with the sensors in the storage and electronics cabinets of Ofir teaches the second plurality of sensors being removed together with the cabinets. Further, the claim language regarding this issue is functional, and therefore the any sensors in a removable cabinet would be configured to be removed together with that cabinet.
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
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