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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/04/2026 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.
Claim(s) 1-5, 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Readick (US-20210315168-A1) in view of Ray (US-11617316-B2), Reynoso (US-8847514-B1), Berinsky (US-10292340-B2), and Lo (US-11483981-B1).
Regarding claim 1, Readick discloses a method for growing plants, comprising:
measuring one or more lighting conditions (sensors for light conditions, see para 0054) of a lighting system (system with an LED light, see para 0013) during cultivation of one or more first plants (cultivar of plants, see para 0005), said lighting conditions comprising an intensity of light over a first period of time (real time sensor data for growth conditions (includes light intensity, see para 0033), along with lighting adjustment 0038, has short & long term changes, i.e. first and second times, see para 0041);
gathering results of a harvest of the one or more first plants (processor receives data about harvest, see para 0041), said results comprising a measure of a quality of the harvested one or more first plants (quality data including size, weight, fruit chemistry, see para 0051) and a measure of a yield of the harvested one or more first plants (crop yield data, see para 0051);
associating the measured one or more lighting conditions with the results of the harvest of the one or more first plants (processor receives yield data and reflector (i.e. lighting) data, see para 0041);
analyzing the results of the harvest and the measured one or more lighting conditions using a heuristic grow data platform (see para 0007 and 0015) that provides insights and analytics (light sensor, sensor about growing conditions, see para 0015 and has a processor with an algorithm to analyze the sensor data with heuristic grow data – current and real time, see para 041), wherein the heuristic grow data platform automatically collects and indexes information (automated farming with IoT and machine learning, see paras 0009, 0051, 0059, and 0065) entered by one or more users through a user interface of the heuristic grow data platform (see para 0080), and supplements the information with specific plant information (plant size, shape, condition, see para 0009), heuristic data (historical information, climate info, 0015), lighting information (para 0054), environmental information (soil condition and moisture levels and sunlight, see para 0009), and harvest information (yield data, see para 0051) to create heuristically optimized recipes (AI algorithm for optimizing recipes, see para 0051, 0063, and 0067);
aggregating data from multiple grows to create heuristically optimized recipes that include specific plant and environmental details (see paras 0014 and 0041 – uses the data from multiple grows to change the recipe);
based on the results of the harvest of the one or more first plants and the measured one or more lighting conditions associated with the results of the harvest of the one or more first plants (uses crop data to adjust optical characteristics, i.e. lighting data, see para 0008, 0041), controlling operation of the lighting system to form a recipe of the one or more lighting conditions over a second period of time to apply during cultivation of one or more second plants (uses crop data to adjust optical characteristics, i.e. lighting data, see para 0008, 0041).
Readick fails to explicitly disclose measuring one or more lighting conditions during cultivation of one or more first plants, said lighting conditions comprising an intensity of light and a spectrum of light over a first period of time, wherein the heuristic grow data platform automatically collects and indexes information entered by one or more growers and supplements the information with energy information comprising energy consumption of the lighting system measured by one or more energy monitoring sensors, fertigation information and alarm information to create heuristically optimized recipes, merging and analyzing data captured by the heuristic grow data platform with outside sources to improve previous recipes, wherein the heuristically optimized recipes are based at least in part on a relationship between the measured energy consumption and the measure of the yield of the harvested one or more first plants.
Ray teaches measuring one or more lighting conditions during cultivation of one or more first plants (sensors for lighting parameters, see col 5, lines 66-67 and col 6, lines 24-25), said lighting conditions comprising an intensity of light and a spectrum of light over a first period of time (measuring light intensity and spectrum, see col 6, lines 24-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Readick with the spectrum and intensity lighting during cultivation with a reasonable expectation of success because this will allow data from previous cultivations to be used in the formation of lighting and growth recipes for later cultivation runs to optimize conditions based on growing history.
Reynoso teaches merging and analyzing data captured by the heuristic grow data platform with outside sources to improve previous recipes (outside sources – has crowdsourcing website, users can upload & download and modify light maps to optimize lighting for maximum yield, see col 5, lines 1-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the system with the data from outside sources as taught by Reynoso with a reasonable expectation of success as this will provide more data from which to create and optimize lighting recipes for different plants for ideal growth.
Berinsky teaches wherein the heuristic grow data platform (grower user interface data, see col 9, lines 40-47) automatically collects and indexes information entered by one or more growers through a user interface of the heuristic grow data platform (grower user interface data, see col 9, lines 40-47) and supplements the information with specific fertigation information (fertilizing time and quantities, see col 9, lines 25-39) and alarm information (alerts for values above threshold, see col 6, lines 47-50) to create heuristically optimized recipes (optimized/altered recipes, see col 10, lines 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the plant growing method with the collection of information from the growers of Berinsky with a reasonable expectation of success as this will allow growers and users to provide hands on care to the plants, while utilizing the benefits of a computerized system for optimizing plant nutrients and environmental conditions to increase growth.
Lo teaches wherein the heuristic grow data platform automatically collects and indexes information entered by one or more users (data from user interface, see col 27, lines 51-60) and supplements the information with energy information comprising energy consumption of the lighting system (energy consumption data collected for growth assist devices (GADs) such as lights, see fig 43A and col 27, lines 30-39, col 42, lines 63-67 and col 43, lines 1-2, col 44, lines 41-56) measured by one or more energy monitoring sensors (power meter in light sensor 92, see col 32, lines 44-47) to create heuristically optimized recipes (algorithms to optimize growth vs energy consumption, see col 28, lines 14-23 and 28-33), wherein the heuristically optimized recipes are based at least in part on a relationship between the measured energy consumption and the measure of the yield of the harvested one or more first plants (light timing including plant growth time, maturity phase, see col 2, lines 4-14, light timing may be adjusted based on parameters including plant growth and power of the lighting, see col 8, lines 39-53, algorithms to optimize growth vs energy consumption, see col 28, lines 14-23 and 28-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the grow method with the energy consumption information of Lo with a reasonable expectation of success as this will allow the system to create plans or algorithms that can optimize plant growth while minimizing power required to the system to provide a more cost effective and environmentally friendly growing system.
Regarding claim 2, the modified reference teaches the method of claim 1, and Readick further discloses wherein the lighting system comprises a light emitting diode (LED) light system (LED light, see para 0009).
Regarding claim 3, the modified reference teaches the method of claim 1.
The modified reference fails to teach wherein the LED light system includes colored LEDs.
Ray teaches wherein the LED light system includes colored LEDs (color LEDs, see col 7, lines 1-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method with the color LEDs of Ray with a reasonable expectation of success because it is known that certain colors of light are beneficial to growing plants.
Regarding claim 4, the modified reference teaches the method of claim 1.
The modified reference fails to teach wherein the LED light system includes white LEDs.
Ray teaches wherein the LED light system includes white LEDs (white light, see col 6, lines 64-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the LED system with the white LEDs of Ray with a reasonable expectation of success because this will ensure plants receive full spectrum lighting.
Regarding claim 5, the modified reference teaches the method of claim 1.
The modified reference fails to teach wherein the lighting system includes a light system driver.
Ray teaches wherein the lighting system includes a light system driver configured to control the intensity of light and the spectrum of light (led drivers 108 and 225, see col 4, lines 27-34, col 6, lines 11-14, and led drivers control the LEDs, see col 3, lines 12-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the LED system with the driver of Ray with a reasonable expectation of success because this will ensure the LED system is appropriately and efficiently powered.
Regarding claim 9, the modified reference teaches the method of claim 1, and Readick further discloses controlling the spectrum of light of the one or more lighting conditions over the second period of time applied during the cultivation of the one or more second plants (uses crop data from sensors to adjust and control lighting characteristics, see para 0008, 0014, and 0041).
Regarding claim 14, the modified reference teaches the method of claim 1.
The modified reference fails to teach wherein the lighting system comprises one or more light fixtures and one or more light sensors, the method further comprising: using at least one of the light sensors to measure the amount of light emitted from at least one of the light fixtures; and adjusting the brightness of the at least one light fixture based on the measured light to meet a desired intensity.
Ray teaches wherein the lighting system comprises one or more light fixtures (LEDs 112) and one or more light sensors (115), the method further comprising: using at least one of the light sensors to measure the amount of light emitted from at least one of the light fixtures (light sensor 115 for measuring light intensity, see col 5, lines 64-67 and col 6, lines 1-7); and adjusting the brightness of the at least one light fixture based on the measured light to meet a desired intensity (light sensor 115 measures light intensity, controller 250 adjusts light intensity based on sensor measurements to keep it in a preferred range, see col 5, lines 64-67 and col 6, lines 1-7, see also controller used measurements to then adjust light intensity at the light source, see col 6, lines 13-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lighting system with the lights and sensors of Ray with a reasonable expectation of success because this will provide easily lighting adjustment to ensure the lighting intensity remains at the scheduled values to promote plant growth and health.
Claim(s) 7-8, 10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Readick (US-20210315168-A1) in view of Ray (US-11617316-B2), Reynoso (US-8847514-B1), Berinsky (US-10292340-B2), and Lo (US-11483981-B1), as applied to claim 1 above, and further in view of Maxik (US 9220202 B2).
Regarding claim 7, the modified reference teaches the method of claim 1.
The modified reference fails to teach wherein the recipe of the one or more lighting conditions over a second period of time is formed to correspond to a circadian rhythm is of the Sun.
Maxik teaches wherein the recipe of the one or more lighting conditions over a second period of time is formed to correspond to a circadian rhythm of the Sun based on heuristic information from prior harvest results to optimize light conditions for a particular type of plant (day/night circadian rhythm data based on species/variety of the plant & database of those plants & associated circadian rhythms, see col 8, lines 40-57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method with the circadian rhythms corresponding with the Sun based on prior harvest lighting data as taught by Maxik with a reasonable expectation of success because this will provide the plants with natural lighting cycles to properly mimic their natural habitat.
Regarding claim 8, the modified reference teaches the method of claim 1.
The modified reference fails to teach wherein the recipe of the one or more lighting conditions over a second period of time is formed to correspond to a circadian rhythm is of at least one of the second plants.
Maxik teaches wherein the recipe of the one or more lighting conditions over a second period of time is formed to correspond to a circadian rhythm is of at least one of the second plants (agricultural product with associated circadian rhythms, circadian rhythm matched to plant, see abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method with the lighting conditions matching the circadian rhythms of the second plant as taught by Maxik with a reasonable expectation of success because this will ensure the lighting conditions are being controlled to optimally match and mimic the circadian rhythms of the plants, thereby providing a natural growing environment.
Regarding claim 10, the modified reference teaches the method of claim 9.
The modified reference fails to teach wherein the controlling the spectrum of light includes controlling the spectrum of light during a portion of the second period of time corresponding to the morning.
Maxik teaches wherein the controlling the spectrum of light includes controlling the spectrum of light during a portion of the second period of time corresponding to the morning (includes controlling lighting based on day vs night, see col 8, lines 25-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method with the controlling the lighting in the morning as taught by Maxik with a reasonable expectation of success because properly controlling lighting conditions in the morning is important for setting and maintaining lighting cycles based on circadian rhythms to ensure plants receive accurate lighting cycles.
Regarding claim 12, the modified reference teaches the method of claim 9.
The modified reference fails to teach wherein the modifying of the light spectrum includes modifying the light spectrum in the evening of the light schedule.
Maxik teaches wherein the modifying of the light spectrum includes modifying the light spectrum in the evening of the light schedule (day vs night lighting on schedule, see col 8, lines 25-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the controlling the lighting in the morning as taught by Maxik with a reasonable expectation of success because properly controlling lighting conditions in the evening is important for setting and maintaining lighting cycles based on circadian rhythms to ensure plants receive accurate lighting cycles.
Regarding claim 13, the modified reference teaches the method of claim 12.
The modified reference fails to teach wherein modifying the light spectrum includes adding more blues to the light spectrum in the evening.
Reynoso teaches wherein modifying the light spectrum includes adding more blues to the light spectrum in the evening (adds blue light in evening to simulate moonlight, see col 15, lines 10-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light spectrum to include adding blues in the evening as taught by Reynoso with a reasonable expectation of success because this will simulate moonlight and properly mimic natural lighting for circadian rhythms.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Readick (US-20210315168-A1) in view of Ray (US-11617316-B2), Reynoso (US-8847514-B1), Berinsky (US-10292340-B2), and Lo (US-11483981-B1), as applied to claim 5 above, and further in view of Bohnel (US-11812534-B2).
Regarding claim 6, the modified reference teaches the method of claim 5.
The modified reference fails to teach wherein the light system driver is DALI-2 compliant.
Bohnel teaches wherein the light system driver is DALI-2 compliant (DALI-2 driver, see col 23, lines 55-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light driver system with the DALI-2 compliant driver as taught by Bohnel with a reasonable expectation of success because this will ensure the lighting system is up to industry standard.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Readick (US-20210315168-A1) in view of Ray (US-11617316-B2), Reynoso (US-8847514-B1), Berinsky (US-10292340-B2), Lo (US-11483981-B1), and Maxik (US 9220202 B2) as applied to claim 10 above, and further in view of Quazi (US-11297775-B1).
Regarding claim 11, the modified reference teaches the method of claim 10.
The modified reference fails to teach wherein modifying the light spectrum includes adding more reds to the light spectrum in the morning.
Quazi teaches wherein modifying the light spectrum includes adding more reds to the light spectrum in the morning (Red late morning, see col 23, lines 39-44).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light spectrum with more reds in the morning as taught by Quazi with a reasonable expectation of success because this will mimic natural lighting conditions to provide plants with a natural circadian rhythm to optimize growth.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Readick (US-20210315168-A1) in view of Ray (US-11617316-B2), Reynoso (US-8847514-B1), Berinsky (US-10292340-B2) and Lo (US-11483981-B1), as applied to claim 14 above, and further in view of Zentr Luft Raumfahrt, i.e. Center Air Space (DE 202018101349 U).
Regarding claim 15, the modified reference teaches the method of claim 14 and Readick further discloses the light sensor determining the lighting of the system during a predetermined time within the second period of time (real time sensor data for growth conditions, includes light intensity, see para 0033, along with lighting adjustment 0038, has short & long term changes, i.e. first and second times, see para 0041).
The modified reference fails to explicitly teach determining further comprising: determining, by the grow data platform using the light sensor measurements, whether the lighting system is turned on at a predetermined time within the second period of time to physically verify lights are powered on at times that have been predefined by the grow data platform.
Center Air Space teaches further comprising: determining, by the grow data platform (control unit 6) using the light sensor (light sensor 23) measurements, whether the lighting system is turned on to physically verify lights are powered on at times that have been predefined by the grow data platform (data from light sensor 23 is used by the control unit 6 to check whether the light spectrum is actually switched on/off when desired, see page 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system with sensor used to verify the lights are on as set as taught by Center Air Space with a reasonable expectation of success because this will allow for easy verification that the lighting system is set up and maintaining the specific lighting conditions as programmed to ensure the plants receive optimal growing conditions based on their specific needs.
Claim(s) 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Readick (US-20210315168-A1) in view of Ray (US-11617316-B2), Reynoso (US-8847514-B1), Berinsky (US-10292340-B2), and Lo (US-11483981-B1) as applied to claim 1 above, and further in view of Eisele (US-10863598-B2).
Regarding claim 16, the modified reference teaches the method of claim 1.
The modified reference fails to teach wherein the lighting system comprises one or more light fixtures and one or more light sensors in a greenhouse, the method further comprising: using at least one of the light sensors in a greenhouse to measure an amount of light received by at least one of the one or more first plants or the one or more second plants from sunlight; and adjusting an intensity of the lighting system, based on the measured light, to meet a predetermined amount of light.
Eisele teaches wherein the lighting system comprises one or more light fixtures and one or more light sensors in a greenhouse, (light sensors, see col 22, lines 49-67) the method further comprising: using at least one of the light sensors in a greenhouse to measure an amount of light received by at least one of the one or more first plants or the one or more second plants from sunlight (sensors for measuring the irradiance, see col 8, lines 5-21); and adjusting an intensity of the lighting system, based on the measured light, to meet a predetermined amount of light (adjusts lighting intensity to keep PPFD within predetermined levels, see col 18, lines 65-67 and col 19,lines 1-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lighting system with the lights and sensors of Eisele with a reasonable expectation of success because this will provide easily lighting adjustment to ensure the lighting intensity remains at the scheduled values to promote plant growth and health.
Regarding claim 17, the modified reference teaches the method of claim 1.
The modified reference fails to teach further comprising: wirelessly controlling the lighting system to adjust an intensity of light emitted by the lighting system, as at least one of the one or more first plants or the one or more second plants grows taller, to maintain a constant amount of light at a canopy of the at least one plant.
Eisele teaches wirelessly controlling the lighting system to adjust an intensity of light emitted by the lighting system (wireless communication network for central controller 31, see col 15,lines 39-60), as at least one of the one or more first plants or the one or more second plants grows taller, to maintain a constant amount of light at a canopy of the at least one plant (height sensor, compares lighting to light formula & PAR and then lighting devices adjust to match intensity directives, see col 33, lines 49-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lighting system with the lights and sensors of Eisele with a reasonable expectation of success because this will provide easily lighting adjustment to ensure the lighting intensity remains at the scheduled values as the plants grow without requiring user intervention to provide an autonomous system for promoting plant growth.
Response to Arguments
Applicant's arguments filed 09/04/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1 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. Specifically, the new limitations regarding the energy information are taught by a new reference, and therefore Applicant’s arguments that the previously cited references fail to teach these limitations are moot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Those references cited on the attached 892 form, but not referenced in the rejection above, exhibit similarities to the present invention, particularly, Wendt (US-10028358-B2) which discloses an energy consumption monitor integrated with a light system, and Lys (US 11982433 B2) which discloses a planting system with an LED module with power consumption monitoring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE ANNE KLOECKER whose telephone number is (571)272-5103. The examiner can normally be reached M-Th: 8:00 -5:30 MST, F: 8:00 - 12:00 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached on (571) 270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.A.K./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
