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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/21/2026 has been entered.
Information Disclosure Statement
The information disclosure statement filed 08/03/226 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. Specifically, the reference JP 2009539402 does not have an English translation of the abstract or an English explanation of relevance. It has been placed in the application file, but the information referred to therein has not been considered.
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 4-10 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.
Claim 4 is rejected for lack of clarity due to the amendments of claim 1. The amendment to claim 1 states “wherein the at least one or more modular storage cabinets comprises a functional subsystem comprising at least one of a climate system and an irrigation system.” Claim 4 states “wherein the one or more modular storage cabinets 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.” As the climate system and irrigation system are now introduced in claim 1, there are antecedent basis issues for claim 1. Since claim 1 claims the climate and irrigation system in the alternative, if in claim 1 the irrigation system is chosen, then it is unclear if “an irrigation system” in claim 4 is the same irrigation system or a different irrigation system as that of claim 1. Similarly, if the climate system of claim 1 is chosen, then it is unclear if “a climate system” in claim 4 is the same climate system or a different climate system as that of claim 1. Claims 5-10 are rejected by virtue of their dependency. 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, 4-5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Alessio (WO 2020178781 A1) in view of Ofir (US 20210144942 A1) and Helene (US 10034435 B2).
Regarding claim 1, Alessio discloses a hydroponics farming apparatus for plant production (see
figs 1-6 and abstract), comprising:
a frame (4) configured to define an interior space (see fig 4) for farming one or more plants
(no-soil cultivation of vegetables, see abstract);
a plurality of functional systems (lighting devices 16, fertigation 13, see pages 5-6) configured to
facilitate farming of the one or more plants (see fig 4);
a first plurality of sensors (sensors 8, see fig 4 and page 7) configured to monitor conditions
associated with farming of the one or more plants (see fig 4);
one or more modular storage cabinets (cabinet 23, see fig 4) removably attached to the frame
(23 attached to frame 4 via connection module 50), each modular storage cabinet (23) including electronics (control system 26) that are pre-assembled in the respective modular storage cabinet (assembled in pre-assembly area prior to transport to growing area, see pages 7-8) and configured to communicate with one or more of the first plurality of sensors and the plurality of functional systems (26 communicates with sensors 8 and functional systems, see pages 6-7), wherein the at least one or more modular storage cabinets (23) comprises a functional subsystem comprising at least one of a climate system (25) and an irrigation system (24) that is pre-assembled within the respective modular storage cabinet (assembled in pre-assembly area prior to transport to growing area, see pages 7-8), the one or more modular storage cabinets including interfaces (28) that are pre-constructed and configured to interface with one or more of the plurality of functional systems (28, see fig 3, see also claim 9), the electronics (26) including a main controller (34) configured to collect data from the first plurality of sensors and provide instructions related to controlling of the plurality of functional systems (see pages 7-8),
wherein the first plurality of sensors (8) are disposed within the interior space and outside the
one or more modular storage cabinets (see fig 4),
wherein each modular storage cabinet is configured to be removed and replaced with a
different modular storage cabinet (modularity, pre-assembled units, see pages 8-9) including a different configuration of pre-assembled electronics and a different configuration of the functional subsystem to customize the controlling of the plurality of functional systems (control system 26 controls the fertigation unit 24 and the climate control unit 25, therefore can turn one on/off or different amounts such that it is a different configuration of the subsystem), the functional subsystem being removed and replaced as a unit together with the respective modular storage cabinet (preassembled units 23 include 24 and 25, see page 6).
Alessio fails to disclose the one or more modular storage cabinets being within the interior
space and disposed proximate to an entrance of the hydroponics farming apparatus and 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; the internal environment including an operating condition of the functional subsystem; 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.
Helene teaches one or more modular storage cabinets (320, see fig 4) removably attached to
the frame within the interior space (320 within interior 200, attached to shell, see figs 1-4) and disposed proximate to an entrance (240) of the hydroponics farming apparatus.
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 hydroponic farming apparatus with the modular cabinets being within the interior and proximate the entrance with a reasonable expectation of success as this will ensure they are well protected and insulated from the elements and pests or tampering, and provide easy access by an operator when needed.
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 (compartment 806) further includes a second plurality of sensors disposed within the one or more modular storage cabinets (806) and configured to monitor an internal environment of the one or more modular storage (water level sensor of the water tank in 806, see para 0018 and 0051, climate subsystem 823 with sensor in cabin air inlet, see para 0056), the internal environment including an operating condition of the functional subsystem (sensors for monitoring water level, see para 0018 and 0051, climate subsystem 823 with sensor in cabin air inlet, see para 0056), 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 Alessio as modified by Ofir teaches having sensors in the removable cabinets that are removed and replaced with the 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 system with the second set of sensors in the modular cabinet 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 level, 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 Alessio further discloses wherein the main controller (34) is further configured to communicate with an external electronic system (remote cloud system see page 7), and wherein the main controller communicates the collected data to the external electronic system for processing (external data exchange, see page 7), and provides instructions related to controlling of the plurality of functional systems based on the processed results by the external electronic system (receives cultivation plan from remote system to control the functional systems, see page 7).
Regarding claim 4, the modified reference teaches the hydroponics farming apparatus of claim
1, and Alessio further discloses wherein the one or more modular storage cabinets (23) include a climate system (25) configured to control environmental conditions of the interior space (see pages 6-7), and an irrigation system (24) configured to provide fluid nutrients to the one or more plants (see pages 6-7).
Regarding claim 5, the modified reference teaches the hydroponics farming apparatus of claim 4, and Alessio further discloses 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).
Regarding claim 14, the modified reference teaches the hydroponics farming apparatus of claim 1, and Alessio 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 fig 2).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Alessio (WO 2020178781 A1) in view of Ofir (US 20210144942 A1) and Helene (US 10034435 B2) 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 Alessio (WO 2020178781 A1) in view of Ofir (US 20210144942 A1), Helene (US 10034435 B2), and 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 Alessio (WO 2020178781 A1) in view of Ofir (US 20210144942 A1) and Helene (US 10034435 B2), 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, and Alessio further discloses wherein the irrigation system includes a nutrients supply tank for supplying nutrients (fertigation tank 27).
The modified reference fails to teach wherein the irrigation system includes 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, and Alessio further discloses a nutrients solution conveying means configured to convey nutrients solution from the nutrients solution reservoir to the one or more plants (nutrient solution conveying means piping system 13, connected to tanks 27 via 29, see figs 3-4).
The modified reference fails to teach further comprises 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 Alessio (WO 2020178781 A1) in view of Ofir (US 20210144942 A1) and Helene (US 10034435 B2) 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, and Alessio further discloses wherein the plurality of functional systems include a plurality of lighting devices (plurality of lighting devices 16, see figs 1 and 4, and pages 6-7).
The modified reference fails to teach 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 Alessio (WO 2020178781 A1) in view of Ofir (US 20210144942 A1) and Helene (US 10034435 B2) 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 Alessio (WO 2020178781 A1) in view of Ofir (US 20210144942 A1) and Helene (US 10034435 B2) 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 07/21/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-2 and 4-20 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, in regards to Applicant’s arguments of the combination of Helene and Millar, Helene is no longer the primary reference and Millar is no longer relied upon and therefore those arguments are moot.
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 their conditions, such as water level, which are in the control compartment, not the interior of the planting area. Further, 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. Alessio discloses 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 Alessio with the sensors in the storage and electronics cabinet of Ofir teaches the second plurality of sensors being removed together with the cabinets, and would be obvious to one of ordinary skill in the art as it would ensure that the internal operating conditions are monitored, such as the water level of the irrigation system in Ofir. 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.
In a previous response, Applicant argues that the electronics and subsystems of Alessio are not “pre-assembled” as they are assembled in a pre-assembly space, and do not come fully assembled from the manufacturer. Firstly, the claimed invention is an apparatus claim, and therefore, the electronics and subsystems of Alessio being able to be pre-assembled prior to transport into the growing space satisfies the claim language as there is no method of pre-assembling the elements. Further, the claim does not specify when or where they must be pre-assembled, and Alessio discloses assembling the electronic control system 26, the fertigation unit 24 and the climate control unit 25 in the storage cabinet 23 prior to transport into the cultivation area. Therefore, this argument is not persuasive.
Conclusion
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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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
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