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 .
Application Status
Claims 1-14 are pending and have been examined in this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/23/2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-7 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Takakura et al. (U.S. Pat. 5299383) in view of Okabe et al. (EP 1543718), Fuse et al. (JP 2001346450), and Satoh et al. (WO 2016129130).
In regard to claim 1, Takakura et al. discloses a plant cultivation device that is an artificial light-type plant cultivation device (Column 3 lines 23-36 and Fig. 1, where there is a plant cultivation device 1 which utilizes artificial light-type plant cultivation), the plant cultivation device comprising a cultivation chamber having a closable inside, the cultivation chamber being capable of maintaining a cultivation environment independent of an environment of a work room in which humans work, the cultivation chamber comprising therein: a cultivation room for cultivating plants (Fig. 1 and Column 3 lines 23-36, where the plant cultivation device 1 has a cultivation chamber 4 with a closable inside and being capable of maintaining a cultivation environment independent of an environment of a work room in which humans work (the cultivation chamber 4 of Takakura et al. is at least capable of maintaining a cultivation environment independent of an environment of a work room in which humans work) and where the cultivation chamber 4 has a cultivation room for cultivating plants 2); and an air circulation system that generates first and second air flow paths in the cultivation room (Figs. 1-2, Column 3 lines 23-41, Column 3 line 59 – Column 4 line 11, and Column 4 lines 43-56, where there is an air circulation system (S for vertical air flow and “pair of ducts 5 and 5 serving as a part of gas- or air-conditioning means for gas- or air-conditioning of the interior” for horizontal air flow) that at least generates first and second air flow paths in the cultivation room of the cultivation chamber 4); and lighting devices that illuminate the cultivation room (Figs. 1-2, where there is a lighting device 6 that illuminates the cultivation room), the air circulation system comprising: a first mechanism that generates a first airflow through the first air flow path directed from top to bottom in the cultivation room (Figs. 1-2, Column 3 lines 23-41, Column 3 line 59 – Column 4 line 11, and Column 4 lines 43-56, where a first mechanism 17 of the air circulation system (S for vertical air flow) at least generates a first airflow through the first air flow path from top to bottom in the cultivation room); a second mechanism that generates a second airflow through the second air flow path directed in a lateral direction in the cultivation room (Figs. 1-2, Column 3 lines 23-41, Column 3 line 59 – Column 4 line 11, and Column 4 lines 43-56, where a second mechanism 5 of the air circulation system (“pair of ducts 5 and 5 serving as a part of gas- or air-conditioning means for gas- or air-conditioning of the interior” for horizontal air flow) at least generates a second airflow through the second air flow path directed in a lateral direction in the cultivation room); and an exhaust that is provided above the lighting devices (Figs. 1-2, where there is at least an exhaust 8 that is provided above the lighting device 6), wherein the second air flow circulates a larger amount of air in the cultivation room than the first air flow directed from top to bottom in the cultivation room (Figs. 1-2, Column 3 lines 23-41, Column 3 line 59 – Column 4 line 11, and Column 4 lines 43-56, where the second air flow path (via “pair of ducts 5 and 5 serving as a part of gas- or air-conditioning means for gas- or air-conditioning of the interior”) circulates a larger amount of air (the ducts 5 have a larger opening than the holes of mechanism 17) in the cultivation room than the first air flow path (via S) which is directed from top to bottom; see Applicant’s Specification (dated 02/02/2022) Page 35 lines 13-20, which notes “Since the second air flow path does not pass through the hole having a smaller diameter such as the air blowing hole 31B as in the first embodiment, a large amount of air can be circulated compared with the first air and the air in the cultivation room 10 can be circulated faster”). Takakura et al. is silent on a circulation chamber provided outside of the cultivation room and inside the cultivation chamber; an upper gas circulation room provided between an upper wall of the cultivation room and an upper surface of an outer wall of the cultivation chamber; wherein the second mechanism sends air in the cultivation room to the upper gas circulation room through the circulation chamber, thereby circulating the air in the cultivation chamber to generate the second air flow path directed in the lateral direction in the cultivation room. Okabe et al. discloses a circulation chamber provided outside of the cultivation room and inside the cultivation chamber (Fig. 2, where there is a circulation chamber (area outside of cultivation room 3 where air circulates) provided outside of the cultivation room 3 and inside the cultivation chamber 1); an upper gas circulation room provided between an upper wall of the cultivation room and an upper surface of an outer wall of the cultivation chamber (Fig. 2, where there is an upper gas circulation room (upper part of the circulation chamber) provided between an upper wall of the cultivation room 3 and an upper surface of an outer wall of the cultivation chamber 1); a mechanism that generates an airflow through an air flow path directed in a lateral direction in the cultivation room (Figs. 1-4 and Paragraph [0022], where there is at least a mechanism (exhaust fan 15) which generates an airflow through an air flow path directed in a lateral direction in a cultivation room 3), wherein the mechanism sends air in the cultivation room to the upper gas circulation room through the circulation chamber, thereby circulating the air in the cultivation chamber to generate the air flow path directed in the lateral direction in the cultivation room (Fig. 2, where the mechanism 15 sends air in the cultivation room 3 to the upper gas circulation room (upper part of the circulation chamber) through the circulation chamber (area outside of cultivation room 3 where air circulates) and thereby circulates the air in the cultivation chamber 1 to generate the air flow path directed in the lateral direction (see arrows in Fig. 2) in the cultivation room 3). Takakura et al. and Okabe et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Takakura et al. such that a circulation chamber provided outside of the cultivation room and inside the cultivation chamber; an upper gas circulation room provided between an upper wall of the cultivation room and an upper surface of an outer wall of the cultivation chamber; wherein the second mechanism sends air in the cultivation room to the upper gas circulation room through the circulation chamber, thereby circulating the air in the cultivation chamber to generate the second air flow path directed in the lateral direction in the cultivation room in view of Okabe et al., since the air flow mechanism of Okabe et al. could be used with the device of Takakura et al. The motivation would have been to allow for relatively more uniform distribution and displacement of air across the entire population of plants.
Takakura et al. is silent on a gap penetrating in an up-down direction provided between the upper wall and a rear wall of the outer wall of the cultivation chamber; causes the air sent to the upper gas circulation room to flow into the cultivation room through the gap, thereby circulating the air in the cultivation chamber to generate the second air flow path directed in the lateral direction in the cultivation room. Fuse et al. discloses a gap penetrating in an up-down direction provided between the upper wall and a rear wall of the outer wall of the cultivation chamber; the air sent to the upper gas circulation room flows into the cultivation room through the gap (Fig. 4 and Translated Specification Page 9 lines 25-30, where there is a gap (at 47) penetrating in an up-down direction provided at least between the upper wall of the cultivation room 42 and a rear wall of the cultivation room 42 and where the air sent to the upper gas circulation room 41 flows into the cultivation room 42 through the gap (at 47)), thereby circulating the air in the cultivation chamber to generate the second air flow path directed in the lateral direction in the cultivation room (see arrows exiting cultivation room 42 in Fig. 4). Takakura et al. and Fuse et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Takakura et al. such that a gap penetrating in an up-down direction provided between the upper wall and a rear wall of the outer wall of the cultivation chamber; causes the air sent to the upper gas circulation room to flow into the cultivation room through the gap, thereby circulating the air in the cultivation chamber to generate the second air flow path directed in the lateral direction in the cultivation room in view of Fuse et al. The motivation would have been to allow for air to enter the cultivation chamber from a top direction and move laterally through the space, in order to create further turbulence and relatively better distribution of air throughout the cultivation room.
Takakura et al. is silent on an exhaust fan that is provided above the lighting devices and exhausts air from the cultivation room; and wherein air sent downward in the cultivation room by the first mechanism is blown onto the plants, then turns upward, passes between the lighting devices, rises above the lighting devices and is exhausted by the exhaust fan. Satoh et al. discloses an exhaust fan that is provided above the lighting devices and exhausts air from the cultivation room (Fig. 1 and Translated Specification Page 2 line 19 – Page 4 line 13, where there is an exhaust fan 5 that is provided above the lighting devices 30 and at least exhausts air from the cultivation room); and wherein air in the cultivation room is blown onto the plants, then turns upward, passes between the lighting devices, rises above the lighting devices and is exhausted by the exhaust fan (Fig. 1 and Translated Specification Page 2 line 19 – Page 4 line 13, where air in the cultivation room is blown onto the plants 20, then turns upward, passes between the lighting devices 30, rises above the lighting devices 30, and is exhausted by the exhaust fan 5). Takakura et al. and Satoh et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Takakura et al. such that an exhaust fan that is provided above the lighting devices and exhausts air from the cultivation room; and wherein air sent downward in the cultivation room by the first mechanism is blown onto the plants, then turns upward, passes between the lighting devices, rises above the lighting devices and is exhausted by the exhaust fan in view of Satoh et al., since the exhaust fan that is provided above the lighting devices and that exhausts air from the cultivation room of Satoh et al. could be used with the first mechanism and device of Takakura et al. The motivation would have been to further “suppress” the temperature rise in the device, caused by the lighting devices being turned on (Satoh et al.).
Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. does not disclose a gap penetrating in an up-down direction provided between the upper wall of the cultivation room and a rear wall of the outer wall of the cultivation chamber. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. such that a gap penetrating in an up-down direction provided between the upper wall of the cultivation room and a rear wall of the outer wall of the cultivation chamber, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Furthermore, the placement of the gap at a rear wall of the outer wall of the cultivation chamber has not been disclosed by the applicant to solve any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the gap disclosed in Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. The motivation would have been to allow for air to enter the cultivation chamber from a top direction and move laterally through the space, in order to create further turbulence and relatively better distribution of air throughout the cultivation room.
In regard to claim 2, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 1, wherein the air circulation system comprises an air supply fan that supplies the air to the cultivation room (Takakura et al., Fig. 1, where an air supply S supplies the air to the cultivation room; Fuse et al., Fig. 4, where there is an air supply fan 47), and a plurality of air blowing pipes extending on an upper part of the cultivation room and provided with a plurality of air blowing holes for jetting the air supplied from the air supply fan from an upper side toward a lower side of the cultivation room (Takakura et al., Fig. 1, where there is a plurality of air blowing pipes 17 extending on an upper part of the cultivation room which jets the air supplied from the air supply S at least from an upper side toward a lower side of the cultivation room; Fuse et al., Fig. 4, where there is an air supply fan 47).
In regard to claim 3, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 2, wherein the air circulation system includes a gas circulation room provided inside the cultivation chamber (Okabe et al., Fig. 2, where the air circulation system at least includes a gas circulation room (area inside chamber 1 where air is circulated out of and into room 3) provided inside the cultivation chamber 1), the exhaust fan exhausts air from the cultivation room to the gas circulation room (Okabe et al., Fig. 2, where the exhaust fan 15 exhausts air from the cultivation room 3 to the gas circulation room), and the air supply fan supplies air from the gas circulation room to the cultivation room (Fuse et al., Fig. 4, where the air supply fan 47 supplies air from the gas circulation room 41 to the cultivation room 42).
In regard to claim 4, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 3, wherein the air circulation system further includes an air conditioner that adjusts the air in the gas circulation room (Takakura et al., Fig. 2, where there is an air conditioner that at least adjusts (temperature and humidity), and the exhaust fan, the air conditioner, and the air supply fan are arranged on or near the cultivation room (Fuse et al., Fig. 4, where the air conditioner 45/46 and the air supply fan 47 are at least arranged on or near the cultivation room 42; Okabe et al., Fig. 2, where the exhaust fan 15 is at least arranged on or near the cultivation room 3). Takakura et al. as modified by Okabe et al. and Fuse et al. does not disclose the exhaust fan, the air conditioner, and the air supply fan are arranged on one surface side of the cultivation room. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Takakura et al. as modified by Okabe et al. and Fuse et al. such that the exhaust fan, the air conditioner, and the air supply fan are arranged on one surface side of the cultivation room, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The motivation would have been to have all of the components situated on one side of the device, in order to enable the user to access, repair, or manipulate the various components more easily.
In regard to claim 5, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 2, wherein the lighting device and the air blowing pipes are arranged close to the same height and arranged near each other (Takakura et al., Fig. 1, where the lighting device 6 and the air blowing pipes 17 are at least arranged close to the same height and arranged near each other). Takakura et al. as modified by Okabe et al. and Fuse et al. does not disclose the lighting device and the air blowing pipes are arranged at the same height. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Takakura et al. as modified by Okabe et al. and Fuse et al. such that the lighting device and the air blowing pipes are arranged at a same height, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The motivation would have been to have both components situated at the same height, in order to enable the user to access, repair, or manipulate the various components more easily. Such a configuration would also reduce the vertical space required inside the cultivation room to house both components, thereby leaving relatively more space above the plants.
In regard to claim 6, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 5, wherein there is an exhaust provided above the air blowing pipes in the cultivation room (Takakura et al., Fig. 1, where there is an exhaust 8 provided above the air blowing pipes 17 in the cultivation room). Takakura et al. as modified by Okabe et al. and Fuse et al. does not disclose the exhaust fan is provided above the air blowing pipes in the cultivation room. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Takakura et al. as modified by Okabe et al. and Fuse et al. that the exhaust fan is provided above the air blowing pipes in the cultivation room, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The motivation would have been to ventilate the space above the plants and pull adjacent warm air away from the plants, thereby ensuring better environmental control in the device.
In regard to claim 7, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 2, wherein the cultivation room is provided with a cultivation plate having a plurality of plant cultivation holes, and the air blowing holes correspond to the plant cultivation holes, respectively, and are arranged above the plant cultivation holes (Takakura et al., Fig. 1, where the cultivation room is provided with a cultivation plate 3 having a plurality of plant cultivation holes 3a, and the air blowing holes (at the end of 17) correspond to the plant cultivation holes 3a, respectively, and are arranged above the plant cultivation holes 3a).
In regard to claim 9, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 1, further comprising a liquid circulation system that circulates a liquid supplied to the cultivation room, wherein the liquid circulation system includes a liquid supply path through which a liquid flows into the cultivation room, and a liquid collection path through which the liquid collected from the cultivation room is collected (Takakura et al., Column 3 lines 42-58 and Fig. 1, where there is at least a liquid circulation system 7 that circulates a liquid supplied to the cultivation room, wherein the liquid circulation system 7 includes a liquid supply path through which a liquid flows into the cultivation room (liquid fertilizer, liquid acid, and liquid alkaline flow from source tanks), and a liquid collection path through which the liquid collected from the cultivation room is collected (storage tanks and recirculation of liquid from cultivation bed 3)), and the liquid supply path and the liquid collection path are arranged on one surface side of the cultivation room (Takakura et al., Fig. 1 and Column 3 lines 42-58 where the liquid supply path and the liquid collection path are at least arranged on one surface side (bottom surface side near 4a) of the cultivation room).
In regard to claim 10, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 1, wherein the second mechanism comprises an exhaust fan attached to an upper portion of a wall of the cultivation room (Okabe et al., Figs. 1-4 and Paragraph [0022], where there is an exhaust fan 15 at least attached to an upper portion (see upper fans 15) of a wall of the cultivation room 3; Takakura et al., Fig. 1, second mechanism of ducts 5 with air conditioning unit).
In regard to claim 11, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 10, wherein the exhaust fan suctions air in the cultivation room and exhausts the air into the upper gas circulation room through the circulation chamber (Okabe et al., Figs. 1-4 and Paragraph [0022], where the exhaust fan15 suctions air in the cultivation room 3 and exhausts the air into the upper gas circulation room (upper part of the circulation chamber) through the circulation chamber (area outside of cultivation room 3 where air circulates)).
In regard to claim 12, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 1, wherein the second mechanism comprises multiple exhaust fans attached to an upper portion of a wall of the cultivation room (Okabe et al., Figs. 1-4 and Paragraph [0022], where there multiple exhaust fans 15 at least attached to an upper portion (see upper fans 15) of a wall of the cultivation room 3; Takakura et al., Fig. 1, second mechanism of ducts 5 with air conditioning unit).
In regard to claim 13, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 12, wherein the multiple exhaust fans suction air in the cultivation room and exhaust the air the upper gas circulation room through the circulation chamber, the multiple exhaust fans aiding in spreading out the second airflow above in a near-uniform pattern (Okabe et al., Figs. 1-4 and Paragraph [0022], where the multiple exhaust fans 15 suction air in the cultivation room 3 and exhausts the air into the upper gas circulation room (upper part of the circulation chamber) through the circulation chamber (area outside of cultivation room 3 where air circulates) in order to at least aid in spreading out the airflow in a near-uniform pattern; Takakura et al., Fig. 1, second airflow of ducts 5 with air conditioning unit).
In regard to claim 14, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 13, wherein the gap aids in the spreading of the second airflow (Fuse et al., Fig. 4 and Translated Specification Page 9 lines 25-30, where the gap (at 47) at least aids in the spreading of the airflow; Takakura et al., Fig. 1, second airflow of ducts 5 with air conditioning unit).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Takakura et al. (U.S. Pat. 5299383) in view of Takakura et al. (U.S. Pat. 5299383) in view of Okabe et al. (EP 1543718), Fuse et al. (JP 2001346450), and Satoh et al. (WO 2016129130) as applied to claim 1, and further in view of Nagadome et al. (WO 2013121490).
In regard to claim 8, Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. discloses the plant cultivation device according to claim 1, wherein the cultivation room is provided with a cultivation container (Takakura et al., Fig. 1, where the cultivation room is provided with a cultivation container 3). Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. does not disclose a load measuring device that measures a load of the cultivation container while the plants are cultivated. Nagadome et al. disclose a load measuring device that measures a load of the cultivation container while the plants are cultivated (Fig. 3, where a load measuring device 145 that measures a load of the cultivation container 200 while the plants are cultivated). Takakura et al. and Nagadome et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Takakura et al. as modified by Okabe et al., Fuse et al., and Satoh et al. such that a load measuring device that measures a load of the cultivation container while the plants are cultivated in view of Nagadome et al. The motivation would have been to calculate the weight of the plant, in order to collect data regarding the growth and development of the plant.
Response to Arguments
Applicant's arguments (filed 01/23/2026) with respect to the rejection of the claims have been fully considered but they are not persuasive. Takakura et al. (U.S. Pat. 5299383) in view of Okabe et al. (EP 1543718), Fuse et al. (JP 2001346450), and Satoh et al. (WO 2016129130) discloses the applicant’s claim 1, as specified under Claim Rejections - 35 USC § 103 above.
Specifically, Satoh et al. teaches an exhaust fan that is provided above the lighting devices and exhausts air from the cultivation room in Fig. 1 and Translated Specification Page 2 line 19 – Page 4 line 13, where there is an exhaust fan 5 that is provided above the lighting devices 30 and at least exhausts air from the cultivation room. Satoh et al. also teaches air in the cultivation room is blown onto the plants, then turns upward, passes between the lighting devices, rises above the lighting devices and is exhausted by the exhaust fan in Fig. 1 and Translated Specification Page 2 line 19 – Page 4 line 13, where air in the cultivation room is blown onto the plants 20, then turns upward, passes between the lighting devices 30, rises above the lighting devices 30, and is exhausted by the exhaust fan 5.
Lastly, Takakura et al. teaches an exhaust that is provided above the lighting devices, where the lighting devices illuminate the cultivation room in Figs. 1-2, where there is at least an exhaust 8 that is provided above the lighting device 6 which illuminates the cultivation room.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particularly the references were cited because they pertain to the state of the art of agricultural devices.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647