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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/22/25 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:
exterior walls (nitrification tank 800; Figure 8);
biofilter media enclosed within the exterior walls (Paragraph [0353]), wherein the biofilter media has a surface area for colonization of nitrifying microorganisms (biofilter 108; Paragraph [0171]) and decomposer microorganisms (“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]);
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 eg water, and then supplying the plant with the need).
Friesth fails to disclose wherein the nitrate forming and delivery system comprises: a drain; a catch basin; and nozzles for dispensing a liquid across the top of the biofilter media, the liquid flowing through the biofilter media by gravity and exiting at the drain and collecting in the catch basin, wherein the biofilter media comprises multiple surfaces, each surface allowing for colonization by multiple colonies of nitrifying microorganisms, wherein each surface is accessible independent of other surfaces through a shelving system; and wherein the biofilter media is sufficiently porous for circulation of oxygen between and around layers of the biofilter media.
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) across the top of the biofilter media (filter media pellets 190), the liquid flowing through the biofilter media by gravity 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 biofilter media (filter 10) comprises multiple surfaces, each surface allowing for colonization by multiple colonies of nitrifying microorganisms (Col. 1 lines 15-22; “said first and second filter portions are shaped to foster the growth of bacteria thereon to filter said liquid.” Claim 10), wherein each surface is accessible independent of other surfaces through a shelving system (blocks of filter material 53 between I-beams 51 and grating 57; Figures 1 and 3); wherein the biofilter media is sufficiently porous for circulation of oxygen between and around layers of the biofilter media (“high surface area porous substrates having large open pores help improve the efficiency of biological filters.” Col. 2 lines 9-11).
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 filters accessible via shelving 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)
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]).
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 4/22/25 have been fully considered but they are not persuasive.
Applicant argues on page 10 “Friesth includes no teaching or suggestion that the biofilter media has a surface area for "colonization of nitrifying microorganisms and decomposer microorganisms."” However, it is unclear as to what exactly the difference between the claimed limitation regarding the nitrifying microorganisms and Friesth Applicant is pointing to. Applicant states that a biofilter module including "microorganisms capable of converting ammonia to nitrite and nitrite to nitrate," a "solids removal means," and a biological waste digestion unit," does not disclose, teach, or suggest a biofilter media having surface area for "colonization of nitrifying microorganisms and decomposer microorganisms." But does not explain what the differences are. Friesth discloses a tank (which is a surface) having water (a biofilter media) that is populated with microorganisms capable of converting ammonia to nitrite and nitrite to nitrate (nitrifying organisms. Therefore, in the broadest reasonable interpretation of the claim language, Friesth teaches the limitation of claim 1 regarding the nitrifying microorganisms.
Additionally, Applicant further argues on page 11 that “Applicant submits that any modification to the biofilter module adding a colony of decomposer microorganisms would frustrate the purpose of the aquaponics system of Friesth.” The Office respectfully disagrees. Friesth discloses the use of both nitrifying organisms in the biofilter module 108, and the biofilter module further comprising a digester unit 112 which includes decomposer microorganisms (Paragraph [0077]). Therefore, Friesth teaches the newly amended limitation as discussed in the currently presented rejection above.
Conclusion
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/A.K.P./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642