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 Objections
Claims 1, 8, 12, 17, 25, and 29 are objected to because of the following informalities:
In claim 12, line 2, “a vertical wetted screen” should be changed to --the vertical wetted screen--.
In claim 12, lines 4-5, it is suggested that these lines be deleted since they were added to independent claim 1.
In claims 1 and 29, line 6, “the end walls or side walls” should be changed to --the end walls or the side walls--.
In claims 8, 17, 25, and 29, lines 3-4, 4-5 and 8, 2-3, 14-15 respectively, “the end wall or side wall” should be changed to --the end wall or the side wall--.
In claim 29, line 18, “a substantially vertical partition” should be changed to --the substantially vertical partition--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1, 4-13, and 25-27 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 1 recites the limitation "the liquid water" inline 29. There is insufficient antecedent basis for this limitation in the claim.
Claims 4-13 and 25-27 are rejected for being dependent upon a rejected claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-5, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440, noted on 4/24/2023 892 form).
Regarding claim 1, Imanishi et al. discloses a greenhouse (1) comprising: a roof (see Fig. 1); a floor (see Fig. 1); two end walls (implicit in Fig. 1); and two side walls (implicit in Fig. 1), wherein along one of the end walls or side walls an elongated mixing space (8a) is positioned next to an elongated space for conditioned air (8b), wherein the mixing space and the space for conditioned air are separated from a growing space (6) that is present within the greenhouse, wherein the mixing space is fluidly connected to an exterior of the greenhouse by openings for ambient air (9a) and fluidly connected to the growing space (6) such that the mixing space is configured to mix ambient air and air from the growing space (Fig. 6 shows the mixing of ambient air and air from the growing space in the mixing space (8a)), wherein the mixing space and the space for conditioned air are fluidly connected via one or more water pads ((10), in order to condition the air) and fluidly connected via one or more openings (openings (9b) and (9c)), wherein the growing space comprises a multitude of parallel ventilation conduits (arrows shown in Fig. 1 moving up from the conduit that contains (12a)), wherein each ventilation conduit has an air inlet provided with a ventilator (12a) and which each air inlet is fluidly connected to the space for conditioned air (Fig. 1 shows the space for conditioned air is fluidly connected to the air inlets of each conduit and the ventilator), wherein the liquid water is provided by a vertical wetted screen (Fig. 1, paragraph [0018] of the machine translation) having an inlet side for air fluidly connected to the mixing space (8a) and an outlet side for air fluidly connected to the space for conditioned air ((8b), Fig. 1).
Imanishi et al. does not explicitly disclose an indirect heating unit provided in each of the one or more openings fluidly connecting the mixing space and the space for conditioned air such that part of air flowing from the mixing space to the space for conditioned air bypasses the one or more water pads and is heated by the indirect heating unit provided in each of the one or more openings to provide heated air while another part of the air flowing from the mixing space to the space for condition air passes through the one or more water pads to adiabatically cool the another part of the air and thereby provide cooled humid air, with the space doe conditioned air being configured to mix the heated air and the cooled air, wherein a ventilator or ventilators is provided in each of the one or more openings fluidly connecting the mixing space and the space for conditioned air, with the ventilator or ventilators being suited for influencing a ratio of the another part of the air that flows via the one or more water pads and the part of the air that bypasses the water pads, wherein the heater has an inlet side for air fluidly connected to the mixing space and an outlet side for air fluidly connected to the space for conditioned air.
Looije et al. teaches a greenhouse (1) comprising an indirect heating unit (16) provided in each of the one or more openings fluidly connecting air into the space for conditioned air (7) such that part of air flowing into the space for conditioned air bypasses the one or more cooling elements (50) and is heated by the indirect heating unit (16) provided in each of the one or more openings to provide heated air while another part of air flowing into the space for conditioned air passes through the one or more cooling elements to adiabatically cool the another part of the air and thereby provide cooled humid air (paragraphs [0063]-[0064], Fig. 5 shows a heated inlet (with heating unit (16)) and a cooled inlet (with a cooling unit (50)) into the space for conditioned air), with the space for conditioned air being configured to mix the heated air and the cooled air (the space for conditioned air (7) is configured to mix the heated and cooled air), wherein a ventilator (31) or ventilators is provided in each of the one or more openings fluidly connecting into the space for conditioned air, with the ventilator or ventilators being suited for influencing a ratio of each part of the air that flows into the space for conditioned air (see paragraph [0061] that notes providing a ventilator for part of the air that enters the space, gives more freedom and options to control and condition the incoming air).
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 greenhouse of Imanishi et al. to include the indirect heating unit and ventilator in the path towards the space for conditioned air as taught by Looije et al., with a reasonable expectation of success, in order to provide more freedom and options to control and condition the incoming air (Looije et al.: paragraph [0061]), this would include through cooling AND heating as modified in the combination. Looije et al. does not explicitly provide the ventilator in the same conduit as the indirect heating unit, however, 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 position of the ventilator to be with the indirect heating unit as obvious to try, having only a few options (with the cooling path, heating path, or path with no additional changes), when Looije et al. teaches that it is the ventilator and not the combination of the cooling and ventilator that allows for the increased control of the conditions of the overall air entering the space for conditioned air. Please note that the cooling element is the water pads taught by Imanishi et al. and in the combination, when the indirect heater is in the one or more openings, both the indirect heater and the one or more water pads have inlets in the mixing space and outlets in the space for conditioned air.
Regarding claim 4, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 1, and teaches (references to Imanishi et al.) wherein the openings for ambient air are semi-closable openings (9a). However, Imanishi et al. does not explicitly disclose that the semi-closable openings are designed such that at least one volume part of ambient air enters the mixing space per 20 volume parts of air entering the mixing space from the growing space. 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 greenhouse of Imanishi et al. modified by Looije et al. to provide the ratio of air of the claim through adjustments made with the controller (paragraph [0010] of machine translation) to the openings to produce the desired ratio in order to optimize (Imanishi et al.: paragraph [0010] of machine translation). Further, it has been held where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Here, the prior art shows a ratio of some level between the ambient air and the air from the growing space, therefore, optimization is obvious.
Regarding claim 5, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 1, and teaches (references to Imanishi et al.) wherein the one or more openings to the growing section of the greenhouse are semi-closable openings (9d). However, Imanishi et al. does not explicitly disclose that the semi-closable openings are designed such that at least one volume part of air from the growing space enters the mixing space per 20 volume parts of ambient air entering the mixing space. 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 greenhouse of Imanishi et al. modified by Looije et al. to provide the ratio of air of the claim through adjustments made with the controller (paragraph [0010] of machine translation) to the openings to produce the desired ratio in order to optimize (Imanishi et al.: paragraphs [0010] and [0027] of machine translation). Further, it has been held where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Here, the prior art shows a ratio of some level between the ambient air and the air from the growing space, therefore, optimization is obvious.
Regarding claim 7, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 1, and teaches (references to Imanishi et al.) wherein the mixing space and the space for conditioned air are each a single space (Fig. 1 shows each being a single space).
Regarding claim 8, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 1, and teaches (references to Imanishi et al. unless otherwise noted) wherein the mixing space is defined by the roof (Looije et al.: see Fig. 5), an end wall or side wall of the two end walls and two side walls (see Fig. 1), a substantially vertical partition wall spaced apparat from the end wall or side wall and that runs substantially parallel to the end wall or side wall, and the floor or a substantially horizontal elevated partition floor spaced apart from the floor (see Fig. 1).
Regarding claim 9, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 8, and teaches (references to Imanishi et al.) wherein the space for conditioned air is defined by the floor (Fig. 1), the end wall or the side wall (Fig. 1), and a substantially vertical partition wall spaced apart from the end wall or side wall (Fig. 1).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440) as applied to claim 1 above, and further in view of Kinnis (US 2004/0194371).
Regarding claim 6, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 1. However, Imanishi et al. as modified by Looije et al. does not explicitly teach wherein the openings for ambient air of the mixing space are openings in the roof.
Kinnis teaches openings for ambient air of the mixing space are openings in the roof (paragraph [0005]). 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 greenhouse of Imanishi et al. modified by Looije et al. to locate the openings within the roof as taught by Kinnis in order to provide a traditional air circulation location within the roof and/or to provide options as to the location of air access for the operators for ease of use.
Claims 10, 11, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440) as applied to claim 7 above, and further in view of Tai (US 2021/0360872).
Regarding claim 10, Imanishi et al. as modified by Looije et al. and Tai teaches the greenhouse of claim 25, and teaches (references to Tai) wherein the elevated partition floor (15) is spaced apart from the floor for a distance and the vertical partition wall of the space for conditioned air is provided with an emergency door (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 greenhouse of Imanishi et al. modified by Looije et al. and Tai to provide a specific distance of at least two meters in order to provide enough spacing for a desired purpose such as providing enough space for full drainage for the system. It would also have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the greenhouse of Imanishi et al. modified by Looije et al. and Tai to include doors along the vertical partition wall as taught by Tai in order to provide access to the space and to potentially exit in case of an emergency. Further, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F. 2d 669, 124 USPQ 378 (CCPA 1960). Adding additional doors does as expected, providing additional access from one space to another.
Regarding claim 11, Imanishi et al. as modified by Looije et al. and Tai teaches the greenhouse of claim 25, and teaches (references to Imanishi et al.) wherein the air inlets of the multitude of parallel ventilation conduits (arrows shown in Fig. 1 moving up from the conduit that contains (12a)) are fluidly connected (Fig.1) to the vertical partition wall of the space for conditioned air by a ventilator (12a).
Regarding claim 25, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 7, and teaches (references to Imanishi et al.) wherein the space for conditioned air is defined by a floor (Fig. 1), the end wall or side wall (Fig. 1), and a substantially vertical partition wall spaced apart from the end wall or side wall (Fig. 1).
Imanishi et al. as modified by Looije et al. does not explicitly teach a substantially elevated partition floor.
Tai teaches a substantially elevated partition floor (15). 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 greenhouse of Imanishi et al. modified by Looije et al. to include a substantially elevated partition floor as taught by Tai in order to provide a space for drainage or the like (Tai: drain region (C)).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440) as applied to claim 8 above, and further in view of Houwer (US 4632020).
Regarding claim 12, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 8, and teaches (references to Imanishi et al.) wherein the one or more water pads each comprise a vertical wetted screen (Fig. 1) and runs along more than 80% of the length of the elongated mixing space (Fig. 1 extended would cover that length of the elongated mixing space), wherein the vertical wetted screen (10) has an inlet side for air fluid connection to the mixing space (see Fig. 1) and an outlet side for air fluid connection to the space for conditioned air (see Fig. 1).
Imanishi et al. as modified by Looije et al. does not explicitly teach wherein the vertical wetted screen is positioned on the floor.
Houwer teaches wherein the wetted screen is positioned on the floor (Figs 2 and 4 show the water pad positioned on the floor). 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 greenhouse of Imanishi et al. modified by Looije et al. with a vertical wetted screen positioned on the floor as taught by Houwer in order to provide humidity from the floor and above in order to cover as much of the space as possible.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440) and Houwer (US 4632020) as applied to claim 12 above, and further in view of Bae (KR 100934094).
Regarding claim 13, Imanishi et al. as modified by Looije et al. and Houwer teaches the greenhouse of claim 12, and teaches (references to Looije et al.) wherein a horizontal roof part is connected to the upper end of the vertical wetted screen or to an upper end of a wall comprising the vertical wetted screen (Fig. 5, wall attached to (8)), the horizontal roof part extending to the vertical partition of the mixing space (roof extends to the end of the greenhouse, Fig. 5).
Imanishi et al. as modified by Looije et al. and Houwer does not explicitly teach wherein the roof part is comprised of the one or more indirect heating units having an inlet side for air fluidly connected to the mixing space and an outlet side for air fluidly connected to the space for conditioned air.
Bae teaches the roof part is comprised of one or more indirect heating units having an inlet side for air fluidly connected to the mixing space and an outlet side for air fluidly connected to the space for conditioned air (Fig. 2 shows auxiliary heating units within the roof part). 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 greenhouse of Imanishi et al. modified by Looije et al. and Houwer to include a heating unit that is fluidly connected to the mixing space and the space for conditioned air as taught by Bae in order to provide an additional auxiliary option for necessary heating of the spaces.
Claims 14, 16, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440) and Bae (KR 100934094).
Regarding claim 14, Imanishi et al. discloses a process to control the temperature and/or humidity in a greenhouse (1) comprising a growing space (6) and a separate mixing space (8a), the process comprising the following steps: a) collecting ambient air and air from the growing space in the separate mixing space to obtain feed air (ambient air is collected from (9a), and air from the growing space brought in from (9b) and (9d), path show in Fig. 6); b) directly contacting part of the feed air with liquid water to adiabatically cool the feed air to obtain a cooled humid air (air is sent through (10)), wherein another part of the feed air is not directly contacted with liquid water (air brought through (9c)); and c) mixing the cooled humid air and the air not directly contacted with liquid water to obtain conditioned air in a space for conditioned air that is separate from the separate mixing space (mixing into a conditioned air happens in (8b), a space for conditioned air), and discharging the conditioned air to the growing space (conditioned air discharged into the growing space as shown by the arrows in Fig. 1), wherein directly contacting part of the feed air with liquid water in step (b) comprises passing the part of the feed air through a vertical wetted screen having an upper end (Fig. 1, paragraph [0018] of the machine translation).
Imanishi et al. does not explicitly disclose wherein the part of the feed air that is not directly contacted with liquid water is heated with a heater to increase temperature of the part of the feed air that is not directly contacted with the liquid water to thereby obtain heated air comprises passing the another part of the feed air through a horizontal roof part that is connected to the upper end of the vertical wetted screen and that extends to a vertical partition wall of the mixing space, the horizontal roof part being comprised of a heater.
Looije et al. teaches a greenhouse (1) wherein the part of the feed air that is not directly contacted with liquid water is heated with a heater (16) to increase temperature of the part of the feed air that is not directly contacted with the liquid water to thereby obtain heated air (Fig. 5 shows heated feed air through a heater (16) near cooled feed air through a cooling unit (50)), a horizontal roof part is connected to the upper end of the vertical wetted screen (Fig. 5, wall attached to (8)) and that extends to a vertical partition wall of the mixing space (roof extends to the end of the greenhouse, 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 greenhouse of Imanishi et al. to include an increase in temperature before the mixing for conditioned air as taught by Looije et al. in order to increase the range that the temperature can be mixed to in order to provide the required temperature for the growing space allowing for more freedom and options to control and condition the incoming air (Looije et al.: paragraph [0061]).
Bae teaches the roof part is comprised of one or more heaters in the roof space (Fig. 2 shows auxiliary heating units within the roof part). 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 greenhouse of Imanishi et al. modified by Looije et al. to include a heater that is fluidly connected to the mixing space and the space for conditioned air as taught by Bae in order to provide an additional auxiliary option for necessary heating of the spaces.
Regarding claim 16, Imanishi et al. as modified by Looije et al. and Bae teaches the process of claim 14, and teaches (references to Imanishi et al.) wherein the separate mixing space is a continuous space running along an end wall or a side wall of the greenhouse, which is rectangular (Fig. 1 shows (8a) running along a wall and the greenhouse being rectangular).
Regarding claim 17, Imanishi et al. as modified by Looije et al. and Bae teaches the process of claim 16, and teaches (references to Imainish et al. unless otherwise noted) wherein the rectangular greenhouse has a roof (Fig. 1), a floor (Fig. 1), two end walls (implicit in Fig. 1), and two side walls (implicit in Fig. 1), wherein the mixing space is defined by part of the roof of the greenhouse (Looije et al.: Fig. 5), an end wall or a side wall (Fig. 1), a vertical partition wall (7a)(7c) spaced apart from the end wall or side wall and running substantially parallel to the end wall or side wall (Fig. 1), and the floor (Fig. 1) or a substantially horizontal and elevated partition floor spaced apart from the floor, wherein the ambient air enters the mixing space via one or more openings (9a) in the end wall or side wall and/or in the roof, and wherein the air from the growing space enters the mixing space via one or more openings in the partition wall ((9d) and (9b)).
Regarding claim 19, Imanishi et al. as modified by Looije et al. and Bae teaches the process of claim 17, and teaches (references to Imanishi et al.) wherein the greenhouse comprises a space for conditioned air below the floor or a substantially horizontal and elevated partition floor (the substantially horizontal and elevated partition floor of claim 17 is an optional limitation which was not chosen in the rejection above for claim 17, and therefore, with respect to the 112(b), this limitation is not being examined), and wherein in step c) the conditioned air is discharged to the growing space (6) via a multitude of parallel ventilation conduits (conditioned air discharged into the growing space as shown by the dashed arrows in Fig. 1) in the growing space, the ventilation conduits having an inlet for conditioned air that is fluidly connected to the space for conditioned air (Fig. 1, connected through duct (4)).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440) and Bae (KR 100934094) as applied to claim 17 above, and further in view of Kinnis (US 2004/0194371).
Regarding claim 18, Imanishi et al. as modified by Looije et al. and Bae teaches the process of claim 17. However, Imanishi et al. as modified by Looije et al. and Bae does not explicitly teach wherein the ambient air enters the mixing space via one or more openings in the part of the roof defining the mixing space.
Kinnis teaches ambient air enters the mixing space via one or more openings in the roof (paragraph [0005]). 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 greenhouse of Imanishi et al. modified by Looije et al. and Bae to locate the openings within the roof as taught by Kinnis in order to provide a traditional air circulation location within the roof and/or to provide options as to the location of air access for the operators for ease of use.
Claims 20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Kinnis (US 2004/0194371) and Looije et al. (US 2016/0157440).
Regarding claim 20, Imanishi et al. discloses a greenhouse (1) comprising: a roof (see Fig. 1); a floor (see Fig. 1); two end walls (implicit in Fig. 1); two side walls (implicit in Fig. 1); and a first elongated mixing space (8a) and a first growing space (6) that is present within the greenhouse (Fig. 1), wherein the first elongated mixing space is defined by part of the roof (Fig. 1) of the greenhouse, a common wall (Fig. 1), and a first vertical partition wall spaced apart from the common wall (Fig. 1), wherein the first elongated mixing space is fluidly connected to an exterior of the greenhouse by openings for ambient air (9a), and the first elongated mixing space (8a) is fluidly connected to the first growing space (6) such that the first elongated mixing space is configured to mix ambient air and air from the first growing space (Fig. 6 shows the mixing of ambient air and air from the growing space in the mixing space (8a)), wherein the first growing space comprises a multitude of parallel ventilation conduits (arrows shown in Fig. 1 moving up from the conduit that contains (12a)), each conduit having an air inlet that is fluidly connected to the first mixing space (Fig. 1 shows the first mixing space fluidly connected to the air inlets of each conduit shown through the dashed arrows from (8a) into (6)), wherein the first elongated mixing space is positioned next to an elongated first space for conditioned air (Fig. 1), wherein the first elongated mixing space and the first elongated space for conditioned air are separated from the first growing space that is present within the greenhouse (Fig. 1), wherein first elongated mixing space and the first elongated space for conditioned air are fluidly connected via one or more water pads ((10) in order to condition the air) and fluidly connected via an opening or openings (openings (9b) and (9c)), wherein each of the multitude of parallel ventilation conduits of the first growing space have an inlet fluidly connected to the first elongated space for conditioned air (Fig. 1 shows the space for conditioned air is fluidly connected to the air inlets of each conduit and the ventilator), and wherein the one or more pads comprise vertical wetted screens (Fig. 1, paragraph [0018] of the machine translation) each having an inlet side for air fluidly connected to the first elongated mixing space (8a) and an outlet side for air fluidly connected to the first elongated space for conditioned air ((8b), Fig. 1).
Imanishi et al. does not explicitly teach a second elongated mixing space and a second growing space, openings for ambient air in the part of the roof defining the first elongated mixing space and second elongated mixing space, the opening or openings comprising one or more indirect heating units such that part of the air flowing from the mixing space to the space for conditioned air bypasses the one or more water pads and is heated by the indirect heating unit provided in each of the one or more openings to provide heated air while another part of air flowing from the mixing space to the space for condition air passes through the one or more water pads to adiabatically cool the another part of the air and thereby provide cooled humid air, with the space for conditioned air being configured to mix the heated air and the cooled humid air, wherein ventilators are provided in each of the openings fluidly connecting the mixing space and the space for conditioned air, the ventilators being suited for influencing a ratio of the another part of the air that flows via the water pads and the part of the air that bypasses the water pads.
Kinnis teaches openings for ambient air in the roof (paragraph [0005]). 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 greenhouse of Imanishi et al. to locate the openings within the roof as taught by Kinnis in order to provide a traditional air circulation location within the roof and/or to provide options as to the location of air access for the operators for ease of use.
Looije et al. teaches a greenhouse (1) comprising an indirect heating unit (16) provided in each of the one or more openings fluidly connecting air into the space for conditioned air (7) such that part of air flowing into the space for condition air bypasses the one or more cooling elements (50) and is heated by the indirect heating unit (16) provided in each of the one or more openings to provide heated air while another part of air flowing into the space for conditioned air passes through the one or more cooling elements to adiabatically cool the another part of the air and thereby provide cooled humid air (paragraphs [0063]-[0064], Fig. 5 shows a heated inlet (with heating unit (16)) and a cooled inlet (with a cooling unit (50) into the space for conditioned air), with the space conditioned air being configured to mix the heated air and the cooled air (the space for conditioned air (7) is configured to mix the heated and cooled air), wherein a ventilator (31) or ventilators is provided in each of the one or more openings fluidly connecting into the space for conditioned air, with the ventilator or ventilators being suited for influencing a ratio of each part of the air that flows into the space for conditioned air (see paragraph [0061] that notes providing a ventilator for part of the air that enters the space, gives more freedom and options to control and condition the incoming air). 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 greenhouse of Imanishi et al. modified by Kinnis to include the indirect heating unit and ventilator in the path towards the space for conditioned air as taught by Looije et al., with a reasonable expectation of success, in order to provide more freedom and options to control and condition the incoming air (Looije et al.: paragraph [0061]), this would include through cooling AND heating as modified in the combination. Looije et al. does not explicitly provide the ventilator in the same conduit as the indirect heating unit, however, 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 position of the ventilator to be with the indirect heating unit as obvious to try, having only a few options (with the cooling path, heating path, or path with no additional changes), when Looije et al. teaches that it is the ventilator and not the combination of the cooling and ventilator that allows for the increased control of the conditions of the overall air entering the space for conditioned air. Please note that the cooling element is the water pads taught by Imanishi et al. and in the combination, when the one or more indirect heating units are in the one or more openings, both the indirect heating unit and the one or more water pads have inlets in the mixing spaces and outlets in the spaces for conditioned air.
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 greenhouse of Imanishi et al. modified by Kinnis and Looije et al. to include a second elongated mixing space and a second growing space for any expansion of the greenhouse. Further, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F. 2d 669, 124 USPQ 378 (CCPA 1960). Adding additional elongated mixing space and growing space does as expected, producing more air for more growing space.
Regarding claim 22, Imanishi et al. as modified by Kinnis and Looije et al. teaches the greenhouse of claim 20, and teaches (references to Imanishi et al.) wherein the first elongated mixing space runs parallel from an end wall of the two end walls to an opposite end wall (Fig. 1 has the mixing space running the length parallel from end wall to opposite end wall).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440) and Tai (US 2021/0360872) as applied to claim 25 above, and further in view of Houwer (US 4632020).
Regarding claim 26, Imanishi et al. as modified by Looije et al. and Tai teaches the greenhouse of claim 25, and teaches (references to Imanishi et al.) wherein the one or more water pads each comprise a vertical wetted screen (Fig .1) and runs along more than 80% of the length of the elongated mixing space (Fig. 1 extended would cover that length of the elongated mixing space), and wherein the vertical wetted screen (10) has an inlet side for air fluidly connected to the mixing space (see Fig. 1) and an outlet side for air fluidly connected to the space for conditioned air (see Fig. 1).
Imanishi et al. as modified by Looije et al. and Tai does not explicitly teach the vertical wetted screen is positioned on the floor or on the elevated partition floor.
Houwer teaches wherein the wetted screen is positioned on the floor (Figs 2 and 4 show the water pad positioned on the floor). 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 greenhouse of Imanishi et al. modified by Looije et al. and Tai with a vertical wetted screen positioned on the floor as taught by Houwer in order to provide humidity from the floor and above in order to cover as much of the space as possible.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Looije et al. (US 2016/0157440) as applied to claim 8 above, and further in view of Tai (US 2021/0360872).
Regarding claim 27, Imanishi et al. as modified by Looije et al. teaches the greenhouse of claim 8, and teaches (references to Imanishi et al.) wherein the space for conditioned air is defined by a floor (Fig. 1), the end wall, or the side wall (Fig. 1), and a substantially vertical partition wall spaced apart from the end wall or the side wall (Fig. 1).
Imanishi et al. as modified by Looije et al. does not explicitly teach a substantially horizontal elevated partition floor.
Tai teaches a substantially elevated partition floor (15). 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 greenhouse of Imanishi et al. modified by Looije et al. to include a substantially elevated partition floor as taught by Tai in order to provide a space for drainage or the like (Tai: drain region (C)).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Imanishi et al. (JP 2015006133) in view of Tai (US 2021/0360872).
Regarding claim 29, Imanishi et al. discloses a greenhouse (1) comprising: a roof (see Fig. 1); a floor (see Fig. 1); two end walls (implicit in Fig. 1); and two side walls (implicit in Fig. 1), wherein along one of the end walls or side walls an elongated mixing space (8a) is positioned next to an elongated space for conditioned air (8b), wherein the mixing space and the space for conditioned air are separated from a growing space (6) that is present within the greenhouse, wherein the mixing space is fluidly connected to an exterior of the greenhouse by openings for ambient air (9a) and fluidly connected to the growing space (6) such that the mixing space is configured to mix ambient air and air from the growing space (Fig. 6 shows the mixing of ambient air and air from the growing space in the mixing space (8a)), wherein the mixing space is defined by part of the roof (Fig. 1) of the greenhouse, an end wall or a side wall of the two end walls and two side walls (Fig. 1), a substantially vertical partition wall spaced apart from the end wall or side wall (Fig. 1) and runs substantially parallel to the end wall or side wall (Fig. 1), wherein the space for conditioned air is defined by the floor (Fig. 1), the end wall or the side wall (Fig. 1), and a substantially vertical partition wall spaced apart from the end wall or the side wall (Fig. 1)
Imanishi et al. does not explicitly disclose a substantially horizontal elevated partition floor spaced apart from the floor, wherein the elevated partition floor is spaced apart from the floor for at least two meters such that a person is able to walk in the space for conditioned air, and wherein the vertical partition wall of the space for conditioned air is provided with one or more emergency doors configured to provided egress from the space for conditioned air to the growing space, thereby allowing personnel to walk out of the space for conditioned air through the emergency door.
Tai teaches a substantially elevated partition floor (15), wherein the elevated partition floor (15) is spaced apart from the floor for a distance and the vertical partition wall of the space for conditioned air is provided with an emergency door (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 greenhouse of Imanishi et al. to include a substantially elevated partition floor as taught by Tai in order to provide a space for drainage or the like (Tai: drain region (C)), and to provide a specific distance of at least two meters in order to provide enough spacing for a desired purpose such as providing enough space for full drainage for the system.
It would also have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the greenhouse of Imanishi et al. modified by Tai to include doors along the vertical partition wall as taught by Tai in order to provide access to the space and to potentially exit in case of an emergency. Further, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F. 2d 669, 124 USPQ 378 (CCPA 1960). Adding additional doors does as expected, providing additional access from one space to another.
Response to Arguments
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
With respect to claim 1, Applicant argued that Imanishi and Looije fails to teach one or more water pads and one or more indirect heating units have inlet sides in the mixing space and outlet sides in the space for conditioned air. Therefore, applicant asserts that it would not be obvious for one of ordinary skill in the art to combine the references in the rejection as proposed.
The examiner respectfully disagrees. Imanishi teaches a mixing space and a separate space for conditioning the air wherein water pads cool part of the air moving into the space for conditioned air. Imanishi also teaches an indirect heating unit (), however it does not have a fluid connection between the two spaces. Loojie et al. was brought in to show that it was known to provide both heating and cooling of air in a parallel fashion into a space for conditioned air, and additionally, Loojie et al. teaches a conditioned space would be more effective with both a cooling and heating element at the entrance of the space. Therefore, it would be obvious to add the heating unit location to Imanishi to provide more freedom and options to control and condition the incoming air. Therefore, the prior art reads on the claim limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Tardy et al. (US 2023/0044520) teaches a greenhouse with environmental control in two separate mixing rooms. Hatsutori (JP H10178930) and Li (CN 209089535) teach a greenhouse climate control.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLY W. LYNCH whose telephone number is (571)272-5552. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm, Eastern Time, alternate Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M Poon can be reached on 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CARLY W. LYNCH/Examiner, Art Unit 3643
Prosecution Insights