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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/29/26 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 1-5, 8, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Friesth (US 2015/0196002) (cited by applicant in IDS dated 9/22/22) in view of VanToever (US 5593574) (cited by applicant in IDS dated 9/22/22) and Schenck (US 6245236) (cited by applicant in IDS dated 9/22/22).
Regarding Claim 1, Friesth discloses a system for indoor plant growing (greenhouse 104), comprising:
an environment management system comprising an air circulation system (air flow circulation system Paragraphs [0285-0286], heating and cooling exchangers 129) an irrigation system (Paragraph [0183]), a sensor system (“said growing chamber being provided with using adaptive biometrics, thermal imaging sensory and additional sensors means” Paragraph [0143]), a lighting system (“various sub-systems comprise of at least one of the following: light, gases, nutrients, water, heating and cooling” Paragraph [0142]), and a nitrate forming and delivery system (biofilters 108; Paragraph [0171]), wherein the nitrate forming and delivery system comprises:
biofilter media (Paragraph [0353]), wherein the biofilter media has a surface area for colonization of microorganisms (biofilter 108; Paragraph [0171]; “The biofilter module 108 further comprises; a solids removal means 109; and biological waste digestion unit 112 for digesting solids” Paragraph [0142]; “Digester unit systems typically include organisms such as bacteria and fungi that are able to break down lignin and celluloses to a greater extent than aerobic bacteria.” Paragraphs [0077]; Paragraph [0353]);
at least one colony of nitrifying microorganisms grown on the biofilter media (“populated with microorganisms capable of converting ammonia to nitrite and nitrite to nitrate” Paragraph [0171]);
wherein the nitrate forming and delivery system is maintained under conditions permitting
growth and maintenance of the at least one colony of the nitrifying microorganisms (Paragraph [0171]), and
a control system communicatively and operatively coupled to the environment management system to dynamically control operations of the environment management system based on a feedback and control loop comprising micro and macro data from plant growing zones (Paragraphs [0143], [0276], and [0356] describe use of sensors to detect when a plant needs something e.g. water, and then supplying the plant with the need).
Friesth fails to disclose wherein the nitrate forming and delivery system comprises: layers of biofilter media that are sufficiently porous for circulation of oxygen between and around the layers, wherein each layer of the biofilter media has a surface area for colonization of microorganisms; and at least one layer of the biofilter media is removably supported by a corresponding support structure to allow removal and repositioning of the layer; a drain; a catch basin; and nozzles for dispensing a liquid flowing through the layers of biofilter media and exiting at the drain and collecting in the catch basin.
However, VanToever teaches an aquaculture water treatment system wherein the nitrate forming and delivery system comprises: a drain (opening of conduit 168 Figure 1); a catch basin (tank 20 Figure 1); and nozzles for dispensing a liquid (nozzles 132) flowing through the layers of biofilter media (filter media pellets 190) and exiting at the drain and collecting in the catch basin (Figure 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the nitrate forming system of Friesth, with the drain, catch basin, and nozzles of VanToever, with reasonable expectation of success, in order to help increase the efficiency of transportation of cleansed water through the system.
Additionally, Schenck teaches a biofilter system, wherein the nitrate forming and delivery system comprises: layers of biofilter media (blocks of filter material 53 between I-beams 51 and grating 57; Figures 1 and 3; “the filter portions 46, 48 are made of a plurality of blocks 53 of filter material.” Col. 5 lines 63-64; Col. 1 lines 10-27) that are sufficiently porous for circulation of oxygen between and around the layer (“high surface area porous substrates having large open pores help improve the efficiency of biological filters.” Col. 2 lines 9-11), wherein each layer of the biofilter media has a surface area for colonization of microorganisms (Col. 1 lines 10-27; Claim 10); and at least one layer of the biofilter media is supported by a corresponding support structure (I-beams 51; Figure 3); a drain (fiberglass grating 57; Figures 1-2); a catch basin (drain tray 32); and a water stream (water stream 20) for dispensing a liquid flowing through the layers of biofilter media and exiting at the drain and collecting in the catch basin (Figures and 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the biofilter and tank system of Friesth, with the multiple layers of biofilters supported by support structures as taught by Schenck, with reasonable expectation of success, in order to help maximize the efficiency of the filtration process (Schenck Col. 2 lines 7-9).
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the multiple layers of filters supported by support structures as taught by Schenck, to be removably supported by a corresponding support structure to allow removal and repositioning of the layer, with reasonable expectation of success, in order to allow for easier access to the layers for cleaning and maintenance, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding Claim 2, modified Friesth teaches the system of claim 1. Friesth further discloses the system, wherein the control system is configured to dynamically control and update a localized environment at cultivation pots based on a determination of the micro data (Paragraph [0276], sensors determining when an identified plant is in need of water).
Regarding Claim 3, modified Friesth teaches the system of claim 1. Friesth further discloses the system, wherein the air circulation system is configured to adjust humidity and/or temperature
underneath a plant canopy (“the humidity of the air within the growing chamber may be controlled by air heating and cooling heat exchangers 129.” Paragraph [0286], therefore can control humidity underneath plant canopy).
Regarding Claim 4, modified Friesth teaches the system of claim 1. Friesth further discloses the
system, wherein the air circulation system is configured to control localized air circulation at cultivation pots (Paragraph [0272-0274] and [0286] controlled exhaust and intake means provided in each growing chamber).
Regarding Claim 5, modified Friesth teaches the system of claim 1. Friesth further discloses the system, wherein the sensor system is configured to monitor the micro data comprising localized environment conditions at cultivation pots (“The preferred method of the present invention has the advantage using adaptive biometrics, thermal imaging sensory and additional sensors for detection that if a particular plant does become distressed” Paragraph [0276]).
Regarding Claim 8, modified Friesth teaches the system of claim 1. Friesth further discloses the system, wherein the nitrifying microorganisms comprise Nitrosomonas and Nitrobacter microorganisms (“in a preferred embodiment the nitrification means may include one or more species of nitrifying bacteria, for example Nitrosomonas and nitrobacterium.” Paragraph [0353]).
Regarding Claim 10, modified Friesth teaches the system of claim 1.
Friesth fails to disclose the system wherein the nitrate forming and delivery system comprises a pump that cycles the liquid collected at the catch basin to be dispensed by the nozzles.
However, VanToever teaches the system wherein the nitrate forming and delivery system
comprises a pump that cycles the liquid collected at the catch basin to be dispensed by the nozzles (pump 98 pumps liquid from basin 20 through pipe 84 then conduit 120 Figure 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the nitrate forming system of Friesth, with the pump of VanToever, with reasonable expectation of success, in order to help increase the efficiency of transportation of cleansed water through the system.
Regarding Claim 11, modified Friesth teaches the system of claim 1. Friesth further discloses the system, wherein the control system monitors and operates the nitrate forming and delivery system to deliver the collected liquid comprising water and nitrate to the plant growing zones (Paragraph [0219] water is collected and cleansed; Paragraph [0386] liquid delivered to plants).
Regarding Claim 12, modified Friesth teaches the system of claim 1. Friesth further discloses the system, wherein the sensor system is configured to monitor parameters of the liquid, the parameters comprising: levels of ammonium (Paragraph [0186]), nitrite, nitrate, electrical conductivity, pH level (Paragraph [0186]), O2 level (Paragraph [0186]), or combinations thereof.
Regarding Claim 13, modified Friesth teaches the system of claim 1. Friesth further discloses the system, further comprising at least one colony of decomposer microorganisms grown on the biofilter media (“The biofilter module 108 further comprises… biological waste digestion unit 112 for digesting solids from the solids removal means 109 to produce plant nutrients, which biological waste digestion unit 112 comprises a biological species that at least partially digests solid waste from said solids removal means 109 to plant nutrients.” Paragraph [0142] and Paragraph [0077]).
Friesth fails to disclose the at least one colony of decomposer microorganisms grown on at least one layer of the biofilter media.
However, Schenck teaches at least one colony of microorganisms grown on at least one layer of the biofilter media (“The biological filter of claim 7 wherein said first and second filter portions are shaped to foster the growth of bacteria thereon to filter said liquid.” Claim 10).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the decomposer organisms grown on biofilter material of Friesth, with the multiple layers of biofilters with microorganisms as taught by Schenck, with reasonable expectation of success, in order to help maximize the efficiency of the filtration process (Schenck Col. 2 lines 7-9).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Friesth in view of VanToever and Schenck as applied to claim 1 above, and further in view of Roy et al. (US 2006/0156624) (cited by applicant in IDS dated 9/22/22).
Regarding Claim 6, modified Friesth teaches the system of claim 1. Friesth further discloses the system, wherein the plant growing zones comprise a plate (Paragraph [0386] troughs).
Friesth fails to disclose the plant growing zones comprise a plate configured to support cultivation pots, and the plate comprises ventilation features comprising gutter, cavities, or both.
However, Roy teaches an aeroponic growth system, wherein the plant growing zones comprise a plate (Paragraph [0386] troughs) plant growing zones comprise a plate (container 10) configured to support cultivation pots (pots 18 Figure 2), and the plate comprises ventilation features comprising gutter, cavities, or both (drainage channel 44 Figure 7).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plate of Friesth, with the ventilation features of Roy, with reasonable expectation of success, in order to ensure there is proper flow of liquid and air to the roots, to help prevent root rot.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Friesth in view of VanToever and Schenck as applied to claim 1 above, and further in view of Bertram (US 2019/0159415).
Regarding Claim 21, modified Friesth teaches the system of claim 1. Friesth further discloses the system, wherein the sensor system comprises one or more of a light sensor, a temperature sensor (thermal imaging sensor Paragraph [0143]), and a humidity sensor.
Friesth fails to disclose wherein the sensor is disposed underneath a plant canopy.
However, Bertram teaches wherein the sensor is disposed underneath a plant canopy (“The sensor puck may provide data descriptive of the boundary layer of air beneath the canopy of the
plants… Sensors within the sensor puck may transduce environmental characteristics such as temp, air flow, humidity, light intensity, and light quality” Paragraph [0072]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to have modified the sensors of Friesth, with the sensors under the canopy as taught by Bertram, with reasonable expectation of success, in order to ensure all parts of the plants are receiving the proper environmental conditions for healthy growth.
Response to Arguments
Applicant's arguments filed 4/29/26 have been fully considered but they are not persuasive.
Applicant argues on pages 8-9 that “The Office's reference to elements such as blocks (53) and supporting members, e.g., I- beams (51) or grating (57) do not disclose the claimed arrangement. These elements are part of the overall structural framework that captures the filter body, as illustrated in FIG. 3, and do not provide a configuration in which "at least one layer of the biofilter media is removably supported by a corresponding support structure to allow removal and repositioning of the layer."” The Office respectfully disagrees. Schenck’s disclosed system does disclose layers of biofilter (each block 53 seen in Figure 1 is a layer of biofilter media). Each of these layers is individually supported by a support structure (I-beams 51 seen in Figure 3). While Schenck fails to explicitly disclose that these filter layers are removable, it is well known in the filtration art to have removable filters for user access during cleaning and maintenance, and therefore is an obvious modification.
Conclusion
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/A.K.P./
Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
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