DETAILED ACTION
This communication is a final rejection on the merits.
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 .
Response to Amendment
The amendment filed on 09/23/2025 has been entered. Claims 1-4 and 11-12 have been canceled, Claim 5 has been amended, Claims 6-10 remain as previously presented, and Claims 13-20 have been added.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-10 and 13-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 5, the limitation “wherein the indoor environment adjustor is at least a heater that prevents temperature from leaking from the storage container, said heater being distinct from the planar heater provided along the outer surface of the storage container” in Lines 19-21 of the claim is unclear in light of the Specification. ¶41 states that the indoor environment adjustor includes a heater that prevents temperature from leaking from the storage container. For purposes of examination and in light of the Specification, the limitation in Lines 19-21 of the claim will be interpreted as reading “wherein the indoor environment adjustor includes at least a heater that prevents temperature from leaking from the storage container, said heater being distinct from the planar heater provided along the outer surface of the storage container”.
Claims 6-10 and 13-20 are rejected as being dependent upon a rejected claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5, 7-9, 14-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (JP 2016041027 A) in view of Saiga et al. (JP H09255503 A), Nusselder (NL 1035600 C2), and Park (KR 200284705 Y1).
Regarding Claim 5, Shimizu teaches an indoor environment adjustment system (24) for adjusting an environment in a small room (20; Fig. 2 and Pg. 7 show that system 24 is capable of adjusting the temperature in small room 20.) in which a fungal bed production device (10) for producing a mushroom fungal bed used for cultivation of mushroom is installed (see Fig. 2 and Pg. 4; The fungal bed production device 10, which is capable of producing a mushroom fungal bed used for cultivation of mushroom, is installed in small room 20.), the small room (20) being separate and distinct from a place in which a culture rack for cultivating the mushroom using the mushroom fungal bed is installed (shown in Fig. 4 and Pg. 7; Small room 20 is a clean room that is separate and distinct from a place in which a culture rack for cultivating the mushroom using the mushroom fungal bed is installed.), the indoor environment adjustment system comprising:
An indoor environment adjustor (24) configured to adjust an indoor environment inside the small room in which the fungal bed production device is installed (shown in Fig. 2 and Pg. 7; Air conditioner indoor unit 24 is capable of adjusting the indoor temperature inside the small room 20 where the fungal bed production device 10 is installed.); and
Wherein the fungal bed production device (10) includes a storage container (11) into which a culture medium substrate as material for the mushroom fungal bed to be produced is to be put (Pg. 6 states that a culture medium substrate for the mushroom fungal bed is placed in storage container 11), a stirrer (14) for stirring the culture medium substrate in the storage container (Fig. 4 shows that stirrer 14 is capable of stirring the culture medium substrate in storage container 11.), a planar heater (15A; Pg. 6 states that heater 15A is planar.) for heating the storage container and the culture medium substrate in the storage container (Pg. 6 states that heating means 15 is provided in storage container 11. Heating means 15 is capable of heating the storage container 11 and the culture medium substrate in storage container 11.), and an air blower (16) for supplying cooling air used for cooling the culture medium substrate in the storage container (Pg. 6 states that an air blower 16 is provided in storage container 11. Air blower 16 is capable of cooling the culture medium substrate in the storage container 11.).
The system of Shimizu teaches the claimed invention except for the fact that the planar heater is provided along an outer surface of the storage container. Saiga teaches a planar heater (3) provided along an outer surface (6) of a storage container (1; Figs. 1-2 show that planar heater 3 is provided along an outer casing 6 of storage container 1.). It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have the planar heater of the system of Shimizu be provided along an outer surface of the storage container as taught by Saiga with reasonable expectation of success to provide consistent, evenly-spread heat across the storage container, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
However, the system of Shimizu as modified by Saiga fails to explicitly state that the indoor environment adjustment system further comprises an outdoor information acquisitor configured to acquire outdoor environment information on an outside of the small room in which the fungal bed production device is installed and a controller configured to control the indoor environment adjustor based on the outdoor environment information acquired by the outdoor information acquisitor.
Nusselder teaches in the same field of endeavor as applicant’s invention (Abstract and Pg. 1 state that the invention is drawn to a climate control system for the cultivation of mushrooms.), the system of Nusselder teaches an indoor environment adjustment system (shown in Fig. 1) for adjusting an environment in a small room (Functional Recitation: Fig. 1 and Pg. 3 show an indoor adjustment system comprising control system 2 that is capable of adjusting the environment in a small room 1.) comprising:
An indoor environment adjustor configured to adjust an indoor environment inside the small room (stated in Pg. 3; Control system 2 is capable of adjusting inside temperature 6 and air humidity 7 of small room 1 by sending an air flow with a certain temperature. The device that generates the airflow serves as an indoor environment adjustor configured to adjust an air environment inside the small room.);
An outdoor information acquisitor configured to acquire outdoor environment information on an outside of the small room (stated in Pg. 3; Suitable sensors can acquire outdoor environment information such as outside temperature 3, outside air humidity 4, and incident sunlight 5 and input them into climate control system 2. Fig. 1 shows that the suitable sensors acquire information outside of the small room 1.); and
A controller (control system 2) configured to control the indoor environment adjustor based on the outdoor environment information acquired by the outdoor information acquisitor (stated in Pg. 3; Climate control system 2 adjusts the climate within the greenhouse 1 by sending an air flow with a certain temperature based on the outdoor environment information gathered by the sensors.).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Shimizu as modified by Saiga to have the indoor environment adjustment system include an outdoor information acquisitor configured to acquire outdoor environment information on an outside of the small room in which the fungal bed production device is installed and a controller configured to control the indoor environment adjustor based on the outdoor environment information acquired by the outdoor information acquisitor as taught by Nusselder with reasonable expectation of success to create a uniform environment conductive to growth development (Nusselder, Pg. 3).
The system of Shimizu as modified by Saiga and Nusselder fails to explicitly state that the indoor environment adjustor includes at least a heater that prevents temperature from leaking from the storage container.
Park teaches an indoor environment adjustor (30, 40; Fig. 1 and Pgs. 2-3 show that heat pack 30 and hot air supplier 40 are capable of adjusting the indoor environment temperature of vinyl house 12.) that includes at least a heater (41) that prevents temperature from leaking from the storage container (Abstract and Pgs. 2-3 state that the heating system [which includes heater 41, heat pack 30, and hot air supply 40] prevents the air temperature inside the storage container 12 from leaking to the outside.). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Shimizu as modified by Saiga and Nusselder to have the indoor environment adjustor include at least a heater that prevents temperature from leaking from the storage container as taught by Park with reasonable expectation of success to maximize the heating efficiency at low heating costs (Park, Abstract).
The system of Shimizu as modified by Saiga, Nusselder, and Park further teaches (references to Saiga and Park) that said heater being distinct from the planar heater provided along the outer surface of the storage container (Heater 41 of Park is distinct from the planar heater 3 of Saiga, which is provided along the outer surface of the storage container.).
Regarding Claim 7, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 5.
The system of Shimizu as modified by Saiga, Nusselder, and Park further teaches (references to Nusselder) that the outdoor information acquisitor is configured to acquire outdoor environment information at a start time point of production of a culture medium in the fungal bed production device, or outdoor environment information at one time point or two or more time points during a period from start of the production until completion of the production (The sensors that acquire outdoor environment information such as outside temperature 3, outside air humidity 4, and incident sunlight 5 are capable of acquire outdoor environment information at a start time point of production of a culture medium in the fungal bed production device.).
Regarding Claim 8, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 5.
The system of Shimizu as modified by Saiga, Nusselder, and Park further teaches (references to Nusselder) that the outdoor information acquisitor is configured to acquire, as the outdoor environment information, one of or two or more of a temperature, a humidity, and weather outside the small room (Pg. 3 states that suitable sensors can acquire outdoor environment information such as outside temperature 3, outside air humidity 4, and incident sunlight 5.).
Regarding Claim 9, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 5.
The system of Shimizu as modified by Saiga, Nusselder, and Park further teaches (references to Nusselder) that the outdoor information acquisitor and the controller are communicably connected to each other (Shown in Fig. 1. Pg. 3 further states that suitable sensors can acquire outdoor environment information such as outside temperature 3, outside air humidity 4, and incident sunlight 5 and input them into climate control system 2.), and that the controller is configured to acquire outdoor environment information transmitted from the outdoor information acquisitor and control the indoor environment adjustor based on the acquired outdoor environment information (Pg. 3 further states that climate control system 2 adjusts the climate within the greenhouse 1 by sending an air flow with a certain temperature based on the outdoor environment information gathered by the sensors.).
Regarding Claim 14, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 5.
Shimizu further teaches the small room is divided into a clean area (AA) and an unclean area (BB; Since area BB is exposed to the outside, area BB would be unclean relative to the clean area AA.), and the indoor environment adjustor (24) is provided on an inner side of a ceiling of the clean area of the small room (See Fig. 2; Indoor environment adjustor 24 is provided on an inner side of a ceiling of clean area AA of small room 20.).
Regarding Claim 15, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 5.
Shimizu further teaches the small room is divided into a clean area (AA) and an unclean area (BB; Since area BB is exposed to the outside, area BB would be unclean relative to the clean area AA.), and the indoor environment adjustor (24) is installed on a ceiling of the clean area of the small room (See Fig. 2; Indoor environment adjustor 24 is provided on a ceiling of clean area AA of small room 20.).
Regarding Claim 17, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 15.
Shimizu further teaches that an outer wall (22) of the clean area (AA) of the small room (20) is provided with a worker doorway (22A) for a worker to enter and exit the small room (See Fig. 2; Worker doorway 22A allows a worker to enter and exit the small room 20.).
Regarding Claim 18, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 15.
Shimizu further teaches that the storage container (11) is disposed to be partially in the clean area and partially in the unclean area of the small room (See Fig. 2; Storage container 11 is partially in clear area AA and partially in unclean area BB of small room 20.).
Regarding Claim 19, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 18.
Shimizu further teaches that a water supply port (13B) and a material inlet (12) of the storage container are provided in the unclean area of the small room (Fig. 2 shows that water supply port 13B and material inlet 12 of storage container 11 are provided in unclean area BB of small room 20.).
The system of Shimizu as modified by Saiga, Nusselder, and Park discloses the claimed invention except for the fact that an air discharge port of the storage container is provided in the clean area of the small room. Shimizu teaches an air discharge port (16B) of the storage container (11) that is provided in the unclean area (BB) of the small room (20). It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to place an air discharge port of storage container in the clean area of the small room to provide a smoother airflow that sweeps contamination in an effective manner, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding Claim 20, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 15.
The system of Shimizu as modified by Saiga, Nusselder, and Park teaches the claimed invention except for the fact that the air blower for the storage container is installed on a floor of the clean area of the small room. Shimizu teaches that the air blower (16) for the storage container (11) is installed on the clean area (AA) of the small room (20). It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to install the air blower for the storage container on a floor of the clean area of the small room to provide better targeted air movement, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (JP 2016041027 A) as modified by Saiga et al. (JP H09255503 A), Nusselder (NL 1035600 C2), and Park (KR 200284705 Y1) as applied to claim 5 above, and further in view of Chen (CN 106774527 A).
Regarding Claim 6, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 5.
However, the system of Shimizu as modified by Saiga, Nusselder, and Park fails to explicitly state that the outdoor information acquisitor is configured to acquire future outdoor environment information.
Chen teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a greenhouse temperature control method and system.), the system of Chen teaches an outdoor information acquisitor is configured to acquire future outdoor environment information (Pgs. 3-3 state that the greenhouse temperature control system comprises a predicted temperature value obtaining device which obtains outdoor predicted future time point greenhouse temperature value.). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Shimizu as modified by Saiga, Nusselder, and Park to have the outdoor information acquisitor be configured to acquire future outdoor environment information as taught by Chen with reasonable expectation of success to avoid hysteresis problems and provide an energy-saving system that’s also good for the plant (Chen, Abstract).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (JP 2016041027 A) as modified by Saiga et al. (JP H09255503 A), Nusselder (NL 1035600 C2), and Park (KR 200284705 Y1) as applied to claim 5 above, and further in view of Hwang (KR 101524687 B1).
Regarding Claim 10, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 5.
However, the system of Shimizu as modified by Saiga, Nusselder, and Park fails to explicitly state that the controller includes a monitor on which a manually operable operating unit is to be displayed, and that the monitor is configured to display one of or two or more of at least an outdoor information display section for displaying the outdoor environment information, an indoor information display section for displaying indoor environment information on an inside of the small room, and a device information display section for displaying device information relating to the fungal bed production device.
Hwang teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a mushroom growing apparatus.), the system of Hwang teaches a controller (controller 190) including a monitor (display unit 160) on which a manually operable operating unit (170) is to be displayed (Pg. 5 states that monitor 160 displays the set temperature and the set humidity set through the operation unit 170.), and that the monitor is configured to display one of or two or more of at least an outdoor information display section for displaying the outdoor environment information, an indoor information display section for displaying indoor environment information on an inside of the small room, and a device information display section for displaying device information relating to the fungal bed production device (Pg. 5 states that monitor 160 displays the temperature and humidity sensed by sensor unit 120 [which senses the temperature and humidity of the space in which the mushroom is grown and transmits the information to controller 190, see Pg. 4]. In this way, monitor 160 comprises an indoor information display section for displaying indoor environment information on an inside of the small room.). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Shimizu as modified by Saiga, Nusselder, and Park to have the controller include a monitor on which a manually operable operating unit is to be displayed, and to have the monitor be configured to display one of or two or more of at least an outdoor information display section for displaying the outdoor environment information, an indoor information display section for displaying indoor environment information on an inside of the small room, and a device information display section for displaying device information relating to the fungal bed production device as taught by Hwang with reasonable expectation of success to allow the user to confirm that the system is working appropriately (Hwang, Pg. 5).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (JP 2016041027 A) as modified by Saiga et al. (JP H09255503 A), Nusselder (NL 1035600 C2), and Park (KR 200284705 Y1) as applied to claim 5 above, and further in view of Lin (CN 108966788 A).
Regarding Claim 13, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 5.
Shimizu further teaches the indoor environment adjustor (24) is further constituted of a ventilation fan (24C) and positive pressure damper (24D) that eliminate unevenness in temperature inside the small room (See Pg. 7; Positive pressure damper 24D is capable of reducing air leakage. This helps eliminate in temperature inside small room 20.).
However, the system of Shimizu as modified by Saiga, Nusselder, and Park fails to explicitly state that the indoor environment adjustment system further constitutes a circulator.
Lin teaches an indoor environment adjustment system (4; Fig. 1 shows that air circulation machine 4 serves to adjust the indoor environment of culture chamber 3.) constitutes a circulator (See Pg. 5; Air circulation machine 4 constitutes an air circulator.). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Shimizu as modified by Saiga, Nusselder, and Park to have the indoor environment adjustment system further constitute a circulator as taught by Lin with reasonable expectation of success to better maintain a constant room temperature.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (JP 2016041027 A) as modified by Saiga et al. (JP H09255503 A), Nusselder (NL 1035600 C2), and Park (KR 200284705 Y1) as applied to claim 15 above, and further in view of Kang et al. (JP H074769 U).
Regarding Claim 16, the system of Shimizu as modified by Saiga, Nusselder, and Park, as shown above, teaches the limitations of Claim 15.
However, the system of Shimizu as modified by Saiga, Nusselder, and Park fails to explicitly state that a plurality of supporting members are protruded from an outer wall of the unclean area of the small room, and a dust protection curtain for preventing dust from flying is hung from the plurality of supporting members.
Kang teaches a plurality of supporting members (12) are protruded from an outer wall of an area of a small room (See Fig. 3; Supporting members 12 protrude from an outer wall of an area of a small room with window 10.), and a dust protection curtain (8) for preventing dust from flying (See Pg. 3; Curtain net 8 serves to catches and accumulates outside dust which prevents it from flying about.) is hung from the plurality of supporting members (Pg. 3 and Fig. 3 show that curtain net 8 is hung from the plurality of support members 12.). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Shimizu as modified by Saiga, Nusselder, and Park to have a plurality of supporting members be protruded from an outer wall of the unclean area of the small room, and a dust protection curtain for preventing dust from flying be hung from the plurality of supporting members as taught by Kang with reasonable expectation of success to reduce dust and prevents insects.
Response to Arguments
Applicant’s arguments with respect to claim(s) 5 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Xu (CN 106069373 A) teaches an ornamental flower box.
La Crois et al. (WO 2012169880 A1) teaches a greenhouse.
Helary (EP 0315556 B1) teaches air conditioning, heating, regulation and hygrothermal treatment of buildings.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA A ALMEIDA BONNIN whose telephone number is (571)272-0708. The examiner can normally be reached M-F 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.A.A./ Examiner, Art Unit 3643
/DAVID J PARSLEY/ Primary Examiner, Art Unit 3643