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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/29/2026 has been entered.
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 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sakura et al. (US 20120324788 A1), hereinafter Sakura, in view of Kashkoush et al. (WO 2020191483 A1), hereinafter Kashkoush, and Xiaojun et al. (CN 108552029 A), hereinafter Xiaojun.
Regarding claim 1, Sakura discloses a plant growing apparatus (plant cultivating apparatus 100; Fig. 1), comprising:
a head movement mechanism coupled in spatially fixed relation to said plant growing apparatus (cultivation tray transfer mechanism 150; Fig. 1); and
a head unit (handling mechanism 140; Fig. 1) coupled to said head movement mechanism (Fig. 5), said head movement mechanism configured to move said head unit vertically to each of a plurality of shelves disposed in vertically fixed spaced apart relation in said plant growing apparatus (shelves 110; Fig. 1; ¶ 0059, “It is noted that FIGS. 1, 2 and 4 depict the cultivation tray transferring mechanism 150 and the handling mechanism 140 at both upper and lower parts of the plant cultivating apparatus 100 for illustrating upper and lower moving limits of the cultivation tray transferring mechanism 150 and the handling mechanism 140;” ¶ 0060, “As shown in FIGS. 5 to 7, the cultivation tray transferring mechanism 150 is configured so that a transfer shelf 152, which is capable of carrying the two cultivation trays 120 side-by-side, is movable in a vertical direction along lifting guides 151 provided at right and left parts of the mechanism 150;” ¶ 0063, lines 4-10, “a multiple number of the cultivation tray storage shelves 110 may be arrayed and the cultivation tray transferring mechanism 150 may be configured so as to be movable in vertical and horizontal directions by making the lifting guides 151 to be movable in the horizontal direction, thus enabling to cultivate a larger amount of plants”), wherein said head movement mechanism configured to move said head unit horizontally over each one of said plurality of shelves horizontally (Fig. 2 shows two handling mechanisms 140 configured to move in planes over their respective shelves 110; ¶ 0063, lines 4-10; ¶ 0065, lines 1-5, “That is, the X-axis frame 141 is movable in a row direction of the cultivation tray storage shelves 110, i.e., in an X direction, on a support frame 157 of the cultivation tray transferring mechanism 150, the Y-axis frame 142 is movable in a direction horizontally orthogonal to the X direction”);
a plurality of plant growing trays each having a spatially fixed position on each of said plurality of shelves (Figs. 1-3 show cultivation trays 120 in spatially fixed positions in relation to each shelf 110),
wherein each of the plurality of plant growing trays include a tray bottom joined to a tray sidewall defining a tray interior space (Fig. 1 shows trays 120 have tray bottoms joined to tray sidewalls, with interior space),
wherein said head movement mechanism is configured to move said head unit to a fixed position over each one of said plurality of trays having said spatially fixed position on each of said plurality of shelves in said plant growing apparatus (Fig. 2 shows handling mechanism 140 in a fixed position over cultivation tray in a spatially fixed position; ¶ 0063, lines 4-10; ¶ 0065, lines 1-5; ¶ 0072, “At this point, because the gripping claws 162 of the handling mechanism 140 are configured to handle the movement of the cultivation tray 120 between the cultivation tray transferring mechanism 150 and the work station 130 or the respective cultivation tray storage shelves 110, it is not necessary to provide a separate means for moving the cultivation tray 120”),
wherein said head unit extends horizontally from said head movement mechanism to over said tray interior space when moved to said fixed position over each one of a plurality of trays having said spatially fixed position on each of said plurality of shelves (Fig. 2 shows handling mechanism 140 extended horizontally to a fixed position over cultivation tray and respective interior space in a spatially fixed position; ¶ 0063, lines 4-10; ¶ 0065, lines 1-5; ¶ 0072);
Sakura, however, fails to specifically disclose wherein said head movement mechanism is configured to move said head unit to a fixed position directly over each one of said plurality of trays having said spatially fixed position on each of said plurality of shelves in said plant growing apparatus, wherein said head unit extends horizontally from said head movement mechanism to directly over said tray interior space when moved to said fixed position directly over each one of a plurality of trays having said spatially fixed position on each of said plurality of shelves, and a nozzle disposed in said head unit, said nozzle configured to disperse a fluid flow to said tray interior space of each of said plurality of trays having said fixed position on said plurality of shelves in said plant growing apparatus.
Kashkoush teaches wherein said head movement mechanism is configured to move said head unit to a fixed position directly over each one of said plurality of trays having said spatially fixed position on each of said plurality of shelves in said plant growing apparatus (Figs. 3, 5D-5C show driving mechanisms 9 are configured to move mobile equipment cart 10 to fixed positions directly over each shelf 6; page 10, lines 11-13, “With reference to Fig. 3, in one embodiment, each of the shelving units 5 comprise a plurality of vertically spaced-apart shelves 6 on which mushroom growing beds [not shown] are supported”), wherein said head unit extends horizontally from said head movement mechanism to directly over said tray interior space when moved to said fixed position directly over each one of a plurality of trays having said spatially fixed position on each of said plurality of shelves (Fig. 5D shows mobile equipment cart 10 extends horizontally from driving mechanisms 9).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura with the movement mechanism taught by Kashkoush in order to further access the plants when in their spatially fixed positions in relation to the shelf, which would allow the user to collect data on the plants without moving them from their spatially fixed positions. The modification would have a reasonable expectation of success.
Xiaojun teaches a nozzle disposed in said head unit (Fig 1, Page 3, ¶ 1; sprinkler 1255), said nozzle configured to disperse a fluid flow to said tray interior space of each of said plurality of trays having said fixed position on said plurality of shelves in said plant growing apparatus (Fig 1; sprinkler 1255 disperses fluid to mobile box 1259).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush with the nozzle and irrigation system taught by Xiaojun in order to provide the plants with water from above, which would improve overall plant growth. The modification would have a reasonable expectation of success.
Regarding claim 2, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1.
Sakura discloses wherein said head movement mechanism is an X-Y axis head movement mechanism (¶ 0063, lines 4-10).
Regarding claim 4, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1, and furthermore, the modified reference teaches comprising a fluid flow generator operable to deliver a fluid flow from a fluid container to said nozzle (Xiaojun; Fig 1, Page 3, ¶ 1 and 5; water delivery pipe 1253 transports fluid from a nutrient tank to sprinkler 1255).
Regarding claim 5, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 4, and furthermore, the modified reference teaches wherein said fluid container disposed in said plant growing apparatus, said fluid container adapted to retain an amount of fluid delivered to said nozzle by operation of said fluid flow generator (Xiaojun; Page 3, ¶ 1 and 5; nutrient tank stores nutrient solution with a control valve to control nutrient solution flow to sprinkler 1255).
Regarding claim 10, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1, and furthermore, the modified reference teaches comprising an image capture device disposed in said head unit, said image capture device configured to capture images of said interior space of each of said plurality of plant growing tray positioned in said plant growing apparatus (Xiaojun; Page 3, ¶ 1; “an infrared camera” photographing the working environmental state).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush and Xiaojun with the image capture system taught by Xiaojun in order to provide the user with more visibility and data of the growing environment. The modification would have a reasonable expectation of success.
Claims 6, 9, and 15-23 are rejected under 35 U.S.C. 103 as being unpatentable over Sakura (US 20120324788 A1), Kashkoush (WO 2020191483 A1), and Xiaojun (CN 108552029 A), as applied to claim 1, and further in view of Higgins (US 10440900 B1).
Regarding claim 6, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1, however, the modified reference fails to specifically disclose comprising one or more light emitters disposed in said head unit, said one or more light emitters operable to emit light in said plant growing apparatus to illuminate one or more plant growing trays within said plant growing apparatus.
Higgins teaches comprising one or more light emitters disposed in said head unit, said one or more light emitters operable to emit light in said plant growing apparatus to illuminate one or more plant growing trays within said plant growing apparatus (grow light 20; Fig. 1).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush and Xiaojun with the grow light taught by Higgins in order to ensure optimal light delivery, which would improve overall plant growth. The modification would have a reasonable expectation of success.
Regarding claim 9, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1, however, the modified reference fails to specifically disclose a proximity sensor disposed in said head unit, said proximity sensor configured to sense proximity of said head unit to plants growing in said interior space of each of said plurality of plant growing trays positioned on each of said plurality of shelves in said plant growing apparatus.
Higgins teaches a proximity sensor disposed in said head unit, said proximity sensor configured to sense proximity of said head unit to plants growing in said interior space of each of said plurality of plant growing trays positioned on each of said plurality of shelves in said plant growing apparatus (proximity sensor 106, sensor system 24; grow light 20; Fig. 1; Col. 12, lines 12-16, “As shown, the sensor system 24 includes a proximity sensor 106, and RFID reader 108, a spectral analysis sensor 110, and an Infra-Red sensor 112. The proximity sensor 106 is designed to determine the distance to the growing plants or other reference point”).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush and Xiaojun with the grow light and integrated proximity sensors taught by Higgins in order to determine the distance between the head unit and plants that would result in optimal light delivery, which would improve overall plant growth. The modification would have a reasonable expectation of success.
Regarding claim 15, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1, including the operation of said head movement mechanism to move said head movement mechanism to move said head unit vertically and to move said head unit horizontally over each of said plurality of shelves of said plant growing apparatus (Sakura; ¶ 0063; ¶ 0065; ¶ 0072), however, the modified reference fails to specifically disclose further comprising a controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program, wherein said plant growing program executable to operate said head movement mechanism.
Higgins teaches further comprising a controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program, wherein said plant growing program executable to operate said head movement mechanism (computer device 90; Col. 12, lines 25-32, “As will be discussed in more detail later, the computer device 90 is preferably programmed to maintain an optimal distance d that the grow light 20 should be from the tops of the plants 10. If the distance measured by the proximity sensor 106 is different from this optimal distance d, the computer device 90 will transmit via RF telemetry instructions for the cable hoist 34 to raise or lower the grow light 20;” Col. 19, lines 41-47, “One skilled in the art will understand that computer device 90 can include controller circuitry programmed to execute a grow light system software program functioning as described herein and to render and receive inputs from the GUI 94. Such controller circuitry can comprise one or more microprocessors, microcomputers, FPGAs, DSPs, other digital logic structures, etc.;” Col. 19, lines 55-59, “One skilled in the art will understand that the grow light software can comprise instructions that can be stored on non-transitory machine-readable media, such as magnetic, optical, or solid-state memories within the computer device 90”).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush and Xiaojun with the controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program taught by Higgins in order to automatically maintain optimal light and distance characteristics of the head unit with respect to the plants, which would improve overall plant growth. The modification would have a reasonable expectation of success.
Regarding claim 16, Sakura in view of Kashkoush, Xiaojun, and Higgins teaches the device of claim 15, and furthermore, the modified reference teaches The plant growing apparatus of claim 15, wherein said plant growing program executable (Higgins; computer device 90; Col. 12, lines 25-32; Col. 19, lines 41-47; Col. 19, lines 55-59) to operate a fluid flow generator to generate a first fluid flow from a fluid container to said nozzle disposed in said head unit, said fluid delivered from said nozzle to said one or more plant growing trays positioned on each of said plurality of shelves in said plant growing apparatus (Xiaojun; Page 3, ¶ 1 and 5; water delivery pipe 1253 has electromagnetic control valve to operate fluid delivery to sprinkler 1255).
Regarding claim 17, Sakura in view of Kashkoush, Xiaojun, and Higgins teaches the device of claim 15, and furthermore, the modified reference teaches wherein said plant growing program executable to operate a control circuit electrically coupled to one or more light emitters disposed in said head unit, said light emitters configured to illuminate one or more plant growing trays within said plant growing apparatus, said control circuit operable to drive said light emitter at a predetermined portion of an electromagnetic spectrum (Higgins; computer device 90; Col. 12, lines 25-32; Col. 19, lines 41-47; Col. 19, lines 55-59; Col. 14, lines 26-33, “Once a desired combined emission spectrum 152 has been determined—having optimal wavelengths for a given plant and/or an optimal level of antimicrobial functionality—it can be named [Spectrum 1] and stored [154] in the computer device 90 for future use, with such stored spectrums storing the necessary drive currents Ii needed to produce the spectrum and possibly other grow light settings as well as discussed further below”).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush, Xiaojun, and Higgins with the controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program taught by Higgins in order to automatically maintain optimal light and distance characteristics of the head unit with respect to the plants, which would improve overall plant growth. The modification would have a reasonable expectation of success.
Regarding claim 18, Sakura in view of Kashkoush, Xiaojun, and Higgins teaches the device of claim 17, and furthermore, the modified reference teaches wherein said control circuit operable to drive said light emitter at a predetermined or selected wavelength frequency and wavelength amplitude to illuminate one or more plant growing trays within said plant growing apparatus (Higgins; computer device 90; Col. 12, lines 25-32; Col. 19, lines 41-47; Col. 19, lines 55-59; Col. 14, lines 26-33).
Regarding claim 19, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1, however, the modified reference fails to specifically disclose further comprising a controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program, wherein said controller executable to move said head unit in relation to said plants growing in said plant growing tray positioned in said plant growing apparatus, wherein said controller executable to operate said tray data sensor disposed in said head unit to sense said tray data disposed on said plant growing tray, said tray data of said plant growing tray correspondingly matched to a plant growing profile including plant growing parameters associated with seeds contained in said plant growing tray.
Higgins teaches further comprising a controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program, wherein said controller executable to move said head unit in relation to said plants growing in said plant growing tray positioned in said plant growing apparatus, wherein said controller executable to operate said tray data sensor disposed in said head unit to sense said tray data disposed on said plant growing tray, said tray data of said plant growing tray correspondingly matched to a plant growing profile including plant growing parameters associated with seeds contained in said plant growing tray (Higgins; computer device 90; Col. 12, lines 25-32; Col. 19, lines 41-47; Col. 19, lines 55-59; Col. 14, lines 26-33).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush and Xiaojun with the controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program taught by Higgins in order to automatically maintain optimal light and distance characteristics of the head unit with respect to the plants, which would improve overall plant growth. The modification would have a reasonable expectation of success.
Regarding claim 20, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1, including wherein said plant growing program executable to operate an image capture device disposed in said head unit to capture plant growing tray images of said one or more plant growing trays (Page 3, ¶ 1; “an infrared camera” photographing the working environmental state), where it would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Xiaojun with the image capture system taught by Xiaojun in order to provide the user with more visibility and data of the growing environment. The modification would have a reasonable expectation of success.
However, the modified reference fails to specifically disclose further comprising a controller including a processor in communication with anon-transitory5 computer readable medium containing a plant growing program wherein said plant growing program further executable to compare plant growing tray data to a plurality of plant growing tray templates retrieved from a plant growing tray database to assess plant growth in each of said one or more plant growing trays (Higgins; computer device 90; Col. 12, lines 25-32; Col. 19, lines 41-47; Col. 19, lines 55-59; Col. 14, lines 26-33; Col. 16, lines 62-65).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush and Xiaojun with the controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program taught by Higgins in order to automatically maintain optimal light and distance characteristics of the head unit with respect to the plants, which would improve overall plant growth. The modification would have a reasonable expectation of success.
Regarding claim 21, Sakura in view of Kashkoush and Xiaojun teaches the device of claim 1, however, the modified reference fails to specifically disclose further comprising a controller including a processor in communication with anon-transitory computer readable medium containing a plant growing program, wherein a plant growing program executable operate a proximity sensor disposed in said head unit to sense proximity of said plants growing in said interior space of each one of said of plant growing trays to said head unit, said plant growing program further executable to compare proximity data generated by said proximity sensor to a plurality of plant growing tray templates retrieved from a plant growing tray image database to assess plant growth in said one of said plurality of plant growing trays.
Higgins teaches a processor in communication with anon-transitory computer readable medium containing a plant growing program, wherein a plant growing program executable operate a proximity sensor disposed in said head unit to sense proximity of said plants growing in said interior space of each one of said of plant growing trays to said head unit, said plant growing program further executable to compare proximity data generated by said proximity sensor to a plurality of plant growing tray templates retrieved from a plant growing tray image database to assess plant growth in said one of said plurality of plant growing trays (Higgins; computer device 90; Col. 12, lines 25-32; Col. 19, lines 41-47; Col. 19, lines 55-59; Col. 14, lines 26-33; Col. 16, lines 62-65, “A user may select any supported variety, plant, or group supported by the system, and the system will in turn retrieve optimal settings for each from library database 96 stored in the computer device 90”).
It would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the plant growing apparatus and head unit of Sakura in view of Kashkoush and Xiaojun with the controller including a processor in communication with a non-transitory computer readable medium containing a plant growing program taught by Higgins in order to automatically maintain optimal light and distance characteristics of the head unit with respect to the plants, which would improve overall plant growth. The modification would have a reasonable expectation of success.
Regarding claim 22, Sakura in view of Kashkoush, Xiaojun, and Higgins teaches the device of claim 21, and furthermore, the modified reference teaches wherein said plant growing program, based on said comparison of said proximity data to said plurality of plant growing tray templates, executable to identify differences between actual plant growth and expected plant growth of said plants in said one of said plurality of plant growing trays (Higgins; computer device 90; Col. 12, lines 25-32; Col. 19, lines 41-47; Col. 19, lines 55-59; Col. 14, lines 26-33; Col. 16, lines 62-65).
Regarding claim 23, Sakura in view of Kashkoush, Xiaojun, and Higgins teaches the device of claim 22, and furthermore, the modified reference teaches wherein said plant growing program executable to adjust a plant growing profile to compensate for less than expected plant growth of plants in each of said one or more plant growing trays (Higgins; computer device 90; Col. 12, lines 25-32; Col. 19, lines 41-47; Col. 19, lines 55-59; Col. 14, lines 26-33; Col. 16, lines 62-65).
Response to Arguments
Applicant’s arguments filed 01/29/2026 have been fully considered but they are not persuasive.
Regarding the argument on page 14 that “In this regard, Sakura teaches a handling mechanism 140 structured to move trays 120 from a shelf 110 to the transfer shelf 152. Additionally, Sakura teaches that ‘[i]n each of the cultivation tray storage shelves 110, environmental conditions needed for cultivation, such as sunlight, temperature, and humidity, are adjusted. Fertilization and watering can be carried out at the work station 130 by moving the early-stage cultivation tray 122 to the workstation 130 by the cultivation tray transferring mechanism 150 at the proper time. This arrangement enables to simplify the facility and facilitate its management.’ Sakura at 0074. Thus, by modifying the ‘handling mechanism 140’ or the ‘gripper arm 160’ of Sakura to include the ‘mobile box’ of Xiaojun would render the ‘gripper arm 160’ inoperable for its intended purpose of moving trays from a shelf 110 to the transfer shelf 152. Additionally, it would negate the objective of Sakura to afford the ‘arrangement to simplify the facility and facilitate management’ by having the environmental conditions adjusted on each shelf. Further, modifying the tray transferring mechanism 150, the handling mechanism 140, or the gripper arm 160 to include the mobile box 1259 of Xiaojun would render Xiaojun inoperable. Xiaojun describes that ‘[t]he mobile component 1259 that pours includes moving dynamic box 1259, water-supply-pipe 1253 and the spray head 1255 being connected to water-supply-pipe 1253; it is arranged inside the mobile box 1259 There is driving motor, and pulley is provided in 1259 lower part of movement box, with 121 contact site of pouring frame 121; The driving motor drives movable pulley rotates, and realizes mobile pouring component moving in parallel on pouring frame 121.’ Xiaojun at 0014. Thus, connecting the tray transferring mechanism 150 to the mobile box 1259 of Xiaojun to move the mobile box 1259 vertically would lift the mobile box off the pouring frame 121 rendering it unable to drive the mobile box along the pouring frame 121, thereby rendering Xiaojun unsuitable for its intended purpose,” the Examiner submits that the modification of the head unit of Sakura provides the head unit with the nozzle and irrigation system of Xiaojun, and does not replace the head unit mechanism of Sakura with the mobile box of Xiaojun. As such, there is no evidence that providing the nozzle and irrigation system of Xiaojun to the existing structure of Sakura would render the gripper arm 160 inoperable for its intended purpose of moving trays from a shelf 110 to the transfer shelf 152, and therefore would not negate the objective of Sakura to afford the “arrangement to simplify the facility and facilitate management.” Similarly, the modification does not include connecting the tray transferring mechanism 150 of Sakura to the mobile box 1259 of Xiaojun, as asserted by the Applicant, as it is the device of Sakura that is being modified with the nozzle and irrigation system of Xiaojun, as demonstrated in the above rejection.
Regarding the argument on page 14 that “Again, Sakura teaches a handling mechanism 140 structured to move trays from a shelf 110 to the transfer shelf 152. Additionally, Sakura teaches that ‘[i]n each of the cultivation tray storage shelves 110, environmental conditions needed for cultivation, such as sunlight, temperature, and humidity, are adjusted ... This arrangement enables to simplify the facility and facilitate its management.’ Sakura at 0074. Examiner's suggestion to modify the handling mechanism 140 or the gripper arm 160 to connect the ‘mobile box 1250’ of Xiaojun changes both the structure and function of the handling mechanism 140 or the gripper arm 160 in an attempt to make a finding of ‘a nozzle disposed in said head unit, said nozzle configured to disperse a fluid flow to said tray interior space of each of said plurality of trays positioned on said plurality of shelves in said plant growing apparatus.’ The modification suggested by Examiner would entirely restructure and change the principal of operation of Sakura by, firstly, disposing a nozzle for dispensing a fluid flow in the handling mechanism for which there is no necessity because the control of environmental conditions is included in each shelf 110, and, secondly, further restructuring the handling mechanism to move horizontally over each shelf to dispense a fluid flow to each plant on the shelf 110 would substantially negates the need for the transfer shelf 152. Further, the proposed modification would require a very substantial change in the structure and function of Xiaojun which is designed to operate a ‘pulley’ to drive the ‘mobile box 1259’ along the ‘pouring frame 121’. Xiaojun and not designed and cannot be lifted vertically from the pouring frame. Thus, the modification suggested by the Examiner would change the principal of operation of Xiaojun,” the Examiner maintains that the head unit mechanism of Sakura is not modified to be replaced with the mobile box of Xiaojun, but instead, the existing head unit of Sakura is provided with the nozzle and irrigation system of Xiaojun. Since the existing structure of the head unit of Sakura is preserved in addition to the nozzle and irrigation system provided by Xiaojun, there is no evidence that the modification would entirely restructure and change the principal of operation of Sakura or require a very substantial change in the structure and function of Xiaojun, since the existing structure of Sakura is provided with the nozzle and irrigation system of Xiaojun, not vice versa.
The remainder of Applicant’s arguments filed 01/29/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claim 8 is allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Van de Vegete et al., US 20170042095 A1, discusses graze harvesting of mushrooms.
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/S.T.C./Examiner, Art Unit 3642
/JOSHUA D HUSON/ Supervisory Patent Examiner, Art Unit 3642