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, 3-4, 7-9, 11-18, 20, and 22 are pending and have been examined in this application.
Information disclosure statements (IDS) have been filed on 09/29/2022, 06/20/2024, and 08/07/2025 and reviewed by the Examiner.
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, 3-4, 7-8, 11-18, 20, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Prinster et al. (U.S. Pub. 20150156973) in view of KR 200483158.
In regard to claim 1, Prinster et al. discloses an apparatus for cultivating plants comprising: a cabinet configured to have a cultivation space (Figs. 50-54, where there is a cabinet 2100 configured to at least have a cultivation space); a bed disposed in the cultivation space and provided with a water collection portion configured to store water (Figs. 50-54 and Paragraphs [0185-0187], where there is a bed (base) to be disposed in the cultivation space and provided with a water collection portion 2108 configured to at least store water); a light assembly disposed above the bed, and configured to irradiate light to the bed (Figs. 50-54 and Paragraphs [0181] and [0185-0187], where there is a light assembly 2102 (same as 1802) to be disposed above the bed (base) and configured to at least irradiate light to the bed (base)); a pod having an accommodation space and provided with a water-through hole configured to allow water entering from the water collection portion to pass therethrough (Figs. 50-54 and Paragraphs [0185-0187], where there is a pod 2110 having an accommodating space and provided with a water-through hole 2126 configured to have water pass through (via 2122) from the water collection portion 2108); a water absorbing medium that is disposed in the accommodation space and receives water from the water-through hole (Figs. 1 and 50-54 and Paragraphs [0185-0187], where there is a water absorbing medium 2122 disposed in the accommodation space and receives water from the water-through hole 2126); a moisture separation membrane disposed on the water absorbing medium (Figs. 1 and 50-54 and Paragraphs [0185-0187], where there is a moisture separation membrane (portion of 2114 which holds the medium 106 and enables moisture flow) is disposed between the medium 106 and the water absorbing medium 2122); a medium disposed on the moisture separation membrane and having at least one seed insertion groove recessed from a top of the medium and configured to receive a seed therein (Figs. 1 and 50-54 and Paragraphs [0128] and [0185-0187], where there is a medium 106 to be disposed on the moisture separation membrane (portion of 2114 which holds the medium 106) and at least having a seed insertion groove 110 recessed from a top of the medium and is at least configured to receive a seed 112 therein); a pod cover to be coupled to the pod, configured to cover the medium, and having at least one cover hole disposed above the at least one seed insertion groove (Figs. 1, 10, and 50-54, where there is a pod cover 2114 to be coupled to the pod 2110 and configured to cover the medium 106 and where the pod cover 2114 at least having a cover hole disposed above the seed insertion groove); the moisture separation membrane comprises a planar sheet including a plurality of moisture-through holes through which water from the water absorbing medium is passed toward the medium (Figs. 1 and 50-54 and Paragraphs [0185-0187], where the moisture separation membrane (portion of 2114 which holds the medium 106 and enables moisture flow) at least comprises a planar sheet 2132 including a plurality of moisture-through holes (2128 and “bridge 2132”) through which water from the water absorbing medium 2122 is passed toward the medium 106), wherein an upper surface of the moisture separation membrane contacts the medium, and a lower surface of the moisture separation membrane contacts the water absorbing medium (Figs. 1 and 50-54 and Paragraphs [0185-0187], where there is at least an upper surface of the moisture separation membrane (portion of 2114 which holds the medium 106 and enables moisture flow) which contacts the medium 106 and where there is at least a lower surface of the moisture separation membrane (lower portion of 2114 which is near moisture-through holes 2128 and 2132) which contacts the water absorbing medium 2122). Prinster et al. is silent on a pod cover configured to cover an upper surface of the medium. KR 200483158 discloses a pod cover to be coupled to the pod, and configured to cover an upper surface of the medium, and having a cover hole disposed above the seed insertion groove (Figs. 3-4, where there is at least a pod cover 131/132 to be coupled to the pod 110 and configured to cover an upper surface of the medium 144 and where the pod cover 131/132 at least has a cover hole (openings through which plant grows, see Fig. 4) disposed above the seed insertion groove). Prinster et al. and KR 200483158 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 Prinster et al. such that a pod cover configured to cover an upper surface of the medium in view of KR 200483158. The motivation would have been to use a pod cover to secure the medium inside the pod and prevent the medium from spilling, if the pod is accidentally tipped over.
In regard to claim 3, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 1, comprising: a packing member to be coupled to the pod and configured to cover the medium (Prinster et al., Fig. 1 and Paragraphs [0148-0150], where there is a packing member 102 which is at least coupled to the pod (when the medium has been inserted into the device) and configured to cover the medium). Prinster et al. as modified by KR 200483158 is silent on a packing member to be coupled to the pod cover, and configured to cover the at least one cover hole. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to have a packing member to be coupled to the pod cover, and configured to cover the at least one cover hole, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the packing member of Prinster et al. as modified by KR 200483158. The motivation would have been to place a protective cover over the assembled pod and medium combination, in order to prevent damage during transportation or storage.
In regard to claim 4, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 1, wherein the at least one seed insertion groove includes a plurality of seed insertion grooves disposed to be spaced apart from each other (Prinster et al., Figs. 1 and 50-54 and Paragraphs [0128-0129] and [0185-0187], where there are multiple seed insertion grooves 110 in the medium spaced apart from each other), and wherein the at least one cover hole of the pod cover includes a plurality of cover holes each disposed above a separate one of the plurality of seed insertion grooves (KR 200483158, Figs. 3-4, where the pod cover 131/132 includes a plurality of cover holes each disposed above a separate one of the plurality of seed insertion grooves in medium 144).
In regard to claim 7, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 1, wherein the pod cover includes a recessed portion that is recessed downwardly from the pod cover and is connected to the at least one cover hole (KR 200483158, Figs. 3-4, where the pod cover 131/132 includes a recessed portion that is recessed downwardly from the pod cover (at least recessed from top surface of pod cover 131/132 towards bottom surface of pod cover 131/132 and medium 144) and is connected to the cover hole; Additionally, Prinster et al., Figs. 50-54 and Paragraphs [0185-0187], where the pod cover 2114 includes a recessed portion (to receive the media 106) that is at least recessed downwardly from the pod cover 2114 and is connected to the cover hole).
In regard to claim 8, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 7, wherein the recessed portion includes a water absorbing hole to connect the medium and the water absorbing medium (Prinster et al., Figs. 50-54 and Paragraphs [0185-0187], where the recessed portion (to receive the media) includes a water absorbing hole 2128 to at least connect the medium 106 and the water absorbing medium 2122).
In regard to claim 11, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 1. wherein the medium is any one of an inorganic vermiculite medium, a porous suction member, and a floral foam (Prinster et al., Paragraph [0123], where the medium 106 is at least made from inorganic vermiculite), and wherein the medium includes a chemical substance configured to provide nutrients to the seeds by dissolving in the water (Prinster et al., Paragraph [0123], where the medium 106 includes a chemical substance configured to provide nutrients to the seeds by dissolving in water (“may include fertilizers or fertilizing agents”)).
In regard to claim 12, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 1, wherein the water-through hole is disposed on a bottom surface of the pod (Prinster et al., Figs. 50-54 and Paragraphs [0185-0187], where the water-through hole 2126 is at least disposed on a bottom surface of the pod 2110).
In regard to claim 13, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 12, comprising: a pod protrusion that extends downward from the bottom surface of the pod, wherein the water-through hole is disposed on a bottom surface of the pod protrusion (Prinster et al., Figs. 50-54 and Paragraphs [0185-0187], where there is a pod protrusion (see Fig. 51 near 2126) that extends downward from the bottom surface of the pod 2110 and where the water-through hole 2126 is at least disposed on a bottom surface of the pod protrusion). Prinster et al. as modified by KR 200483158 is silent on wherein the pod protrusion is formed apart from a center position of the bottom surface of the pod. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to have the pod protrusion be formed apart from a center position of the bottom surface of the pod, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the pod protrusion of Prinster et al. as modified by KR 200483158. The motivation would have been to provide water through a single inlet point, rather than the centrally extending inlet channel of Prinster et al. as modified by KR 200483158, thereby reducing device complexity.
In regard to claim 14, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 13, wherein the pod protrusion includes the water absorbing medium disposed therein and configured to allow the water in the water collection portion to be absorbed into the water-through hole (Prinster et al., Figs. 50-54 and Paragraphs [0185-0187], where the pod protrusion (see Fig. 51 near 2126) includes the water absorbing medium 2122 disposed therein and configured to allow the water in the water collection portion 2108to at least be absorbed into the water-through hole 2126).
In regard to claim 15, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 1, wherein a diameter of the at least one cover hole is larger than a diameter of the at least one seed insertion groove (Prinster et al., Figs. 1 and 50-54 and Paragraphs [0185-0187], where the cover hole at least has a diameter larger than a diameter of the seed insertion grooves 110; KR 200483158, Figs. 3-4, where a diameter of the cover hole must be dimensioned to allow for plant growth).
In regard to claim 16, Prinster et al. discloses a pod assembly for cultivating plants comprising: a pod having an accommodation space and provided with a water-through hole configured to allow water to pass therethrough (Figs. 50-54 and Paragraphs [0185-0187], where there is a pod 2110 having an accommodating space and provided with a water-through hole 2126 configured to allow water to pass); a water absorbing medium that is disposed in the accommodation space and receives water from the water-through hole (Figs. 1 and 50-54 and Paragraphs [0185-0187], where there is a water absorbing medium 2122 disposed in the accommodation space and receives water from the water-through hole 2126); a moisture separation membrane disposed on the water absorbing medium (Figs. 1 and 50-54 and Paragraphs [0185-0187], where there is a moisture separation membrane (portion of 2114 which holds the medium 106) is disposed between the medium 106 and the water absorbing medium 2122); a medium disposed on the moisture separation membrane and having at least one seed insertion groove that is recessed from a top of the medium and configured to receive a seed (Figs. 1 and 50-54 and Paragraphs [0128] and [0185-0187], where there is a medium 106 to be disposed on the moisture separation membrane (portion of 2114 which holds the medium 106) and at least having a seed insertion groove 110 recessed from a top of the medium 106 which is configured to receive a seed 112); and a pod cover to be coupled to the pod and configured to cover the medium, and wherein the pod cover has at least one cover hole disposed above the at least one seed insertion groove (Figs. 1, 10, and 50-54, where there is a pod cover 2114 to be coupled to the pod 2110 and configured to cover the medium 106 and where the pod cover 2114 at least has a cover hole disposed above the seed insertion groove), and wherein the moisture separation membrane comprises a planar sheet including a plurality of moisture-through holes through which water from the water absorbing medium is passed toward the medium (Figs. 1 and 50-54 and Paragraphs [0185-0187], where the moisture separation membrane (portion of 2114 which holds the medium 106 and enables moisture flow) at least comprises a planar sheet 2132 including a plurality of moisture-through holes (2128 and “bridge 2132”) through which water from the water absorbing medium 2122 is passed toward the medium 106), wherein an upper surface of the moisture separation membrane contacts the medium, and a lower surface of the moisture separation membrane contacts the water absorbing medium (Figs. 1 and 50-54 and Paragraphs [0185-0187], where there is at least an upper surface of the moisture separation membrane (portion of 2114 which holds the medium 106 and enables moisture flow) which contacts the medium 106 and where there is at least a lower surface of the moisture separation membrane (lower portion of 2114 which is near moisture-through holes 2128 and 2132) which contacts the water absorbing medium 2122). Prinster et al. is silent on a pod cover configured to cover an upper surface of the medium. KR 200483158 discloses a pod cover to be coupled to the pod and configured to cover an upper surface of the medium, and the pod cover having a cover hole disposed above the seed insertion groove (Figs. 3-4, where there is at least a pod cover 131/132 to be coupled to the pod 110 and configured to cover an upper surface of the medium 144 and where the pod cover 131/132 at least has a cover hole (openings through which plant grows, see Fig. 4) disposed above the seed insertion groove). Prinster et al. and KR 200483158 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 Prinster et al. such that a pod cover configured to cover an upper surface of the medium in view of KR 200483158. The motivation would have been to use a pod cover to secure the medium inside the pod and prevent the medium from spilling, if the pod is accidentally tipped over.
In regard to claim 17, Prinster et al. as modified by KR 200483158 discloses the pod assembly for cultivating plants of claim 16, wherein a diameter of the at least one cover hole is larger than a diameter of the at least one seed insertion groove (Prinster et al., Figs. 1 and 50-54 and Paragraphs [0185-0187], where the cover hole at least has a diameter larger than a diameter of the seed insertion grooves 110; KR 200483158, Figs. 3-4, where a diameter of the cover hole must be dimensioned to allow for plant growth).
In regard to claim 18, Prinster et al. as modified by KR 200483158 discloses the pod assembly for cultivating plants of claim 16, wherein the at least one seed insertion groove includes a plurality of seed insertion grooves disposed to be spaced apart from each other (Prinster et al., Figs. 1 and 50-54 and Paragraphs [0128-0129] and [0185-0187], where there are multiple seed insertion grooves 110 in the medium spaced apart from each other), and wherein the at least one cover hole of the pod cover includes a plurality of cover holes each disposed above a separate one of the plurality of seed insertion grooves (KR 200483158, Figs. 3-4, where the pod cover 131/132 includes a plurality of cover holes each disposed above a separate one of the plurality of seed insertion grooves in medium 144).
In regard to claim 20, Prinster et al. as modified by KR 200483158 discloses the pod assembly for cultivating plants of claim 16, comprising: a packing member to be coupled to the pod and configured to cover the medium (Prinster et al., Fig. 1 and Paragraphs [0148-0150], where there is a packing member 102 which is at least coupled to the pod (when the medium has been inserted into the device) and configured to cover the medium). Prinster et al. as modified by KR 200483158 is silent on a packing member to be coupled to the pod cover and configured to cover the at least one cover hole. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to have a packing member to be coupled to the pod cover and configured to cover the at least one cover hole, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the packing member of Prinster et al. as modified by KR 200483158. The motivation would have been to place a protective cover over the assembled pod and medium combination, in order to prevent damage during transportation or storage.
In regard to claim 22, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 1, wherein the moisture separation membrane comprises a waterproof material to divide moisture in the medium and moisture in the water absorbing medium (Prinster et al., Figs. 1 and 50-54 and Paragraphs [0185-0187], where the moisture separation membrane comprises a waterproof material to at least divide moisture between the medium 106 and the water absorbing medium 2122 near moisture-through holes 2128 and 2132).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Prinster et al. (U.S. Pub. 20150156973) in view of KR 200483158 as applied to claim 1, and further in view of Koyama (U.S. Pub. 20150327451).
In regard to claim 9, Prinster et al. as modified by KR 200483158 discloses the apparatus for cultivating plants of claim 1. Prinster et al. as modified by KR 200483158 is silent on the water absorbing medium includes at least one medium insertion groove configured to receive the medium in the water absorbing medium. Koyama discloses the water absorbing medium includes at least one medium insertion groove configured to receive the medium in the water absorbing medium (Figs. 1-3 and Paragraph [0039], where the water absorbing medium 4 includes a medium insertion groove 10 configured to receive the medium 2 in the water absorbing medium 4). Prinster et al. and Koyama 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 Prinster et al. as modified by KR 200483158 such that the water absorbing medium includes at least one medium insertion groove configured to receive the medium in the water absorbing medium in view of Koyama. The motivation would have been to have a receiving portion which can separate two mediums from each other to allow for easier insertion and removal of the plant, while also providing more surface area for water absorption toward the plant.
Response to Arguments
Applicant’s arguments (filed 03/19/2026) with respect to the rejection of the claims have been fully considered but they are not persuasive. Prinster et al. (U.S. Pub. 20150156973) in view of KR 200483158 discloses the applicant’s claims 1 and 16, as specified under Claim Rejections - 35 USC § 103 above.
Specifically, Prinster et al. teaches wherein the moisture separation membrane comprises a planar sheet including a plurality of moisture-through holes through which water from the water absorbing medium is passed toward the medium in Figs. 1 and 50-54 and Paragraphs [0185-0187], where the moisture separation membrane (portion of 2114 which holds the medium 106 and enables moisture flow) at least comprises a planar sheet 2132 including a plurality of moisture-through holes (2128 and “bridge 2132”) through which water from the water absorbing medium 2122 is passed toward the medium 106. The “bridge 2132” is shown in Fig. 53 as at least a planar sheet with through holes (which allow water to pass through). When taken as a combined system, the through holes 2128 and 2132 of Prinster et al., teach the claim limitation of a separation membrane comprising a planar sheet including a plurality of moisture-through holes.
Prinster et al. also teaches wherein an upper surface of the moisture separation membrane contacts the medium, and a lower surface of the moisture separation membrane contacts the water absorbing medium in Figs. 1 and 50-54 and Paragraphs [0185-0187], where there is at least an upper surface of the moisture separation membrane (portion of 2114 which holds the medium 106 and enables moisture flow) which contacts the medium 106 and where there is at least a lower surface of the moisture separation membrane (lower portion of 2114 which is near moisture-through holes 2128 and 2132) which contacts the water absorbing medium 2122). The bridge 2132 is understood to be a part of the moisture separation membrane of 2114.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
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