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 1-10 and 12-20 are pending and have been examined in this application.
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/22/2025 has been entered.
Election/Restrictions
Applicant’s election without traverse of Group III (claims 12-20) in the reply filed on 06/04/2024 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
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 12, 14-16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Vogel et al. (20200383286) in view of Koide et al. (U.S. Pat. 5261185), Smith et al. (U.S. Pub. 20040211118), and Millar et al. (U.S. Pub. 20180359947).
In regard to claim 12, Vogel et al. discloses a method of initiating plants in preparation of their introduction into a vertical farm unit (see Fig. 1), the method to be performed in a system comprising: an apparatus configured to revolve pods with sprouts to periodically expose the different sprouts placed in the pods to plant environment conditions, the pods forming irrigation cradles configured to provide periodic dipping of the pods in a liquid (Fig. 1 and Paragraphs [0017] and [0033-0038], where there is an apparatus 1 which is configured to revolve pods 3 with sprouts 8 to periodically expose the different sprouts 8 placed in the pods 3 to plant environment conditions (such as light, humidity, and temperature) and where the pods 3 at least form irrigation cradles configured to provide periodic dipping (at point 5) of the pods 3 in a liquid 9b), a controller having a processor and configured to determine and request to modify the plant environment conditions, a plurality of sensors (Fig. 1 and Paragraphs [0017] and [0038], where there is a controller (“control unit”) having a processor and configured to at least determine and request to modify the plant environment conditions (such as light, humidity, and temperature) and where there are a plurality of sensors (“sensor system” and “sensors”)); the method comprising: planting the sprouts in the pods with soil or grow substrate (Fig. 1 and Paragraphs [0035-0038], where the sprouts are planted in pods with soil or grow substrate such as rock wool); placing the plants in the pods of the apparatus (Fig. 1 and Paragraph [0035], where the plants 8 are placed in the pods 3 of the apparatus 1); revolving the pods and periodically dipping the pods in the liquid (Fig. 1 and Paragraphs [0033-0038], where the pods 3 are revolved and periodically dipped in the liquid 9b). Vogel et al. is silent on pods with pots; planting the sprouts in the pots with soil or grow substrate; placing the pots in the pods of the apparatus. Koide et al. discloses pods with pots and planting the sprouts in the pots with soil or grow substrate; placing the pots in the pods of the apparatus (Figs. 30-33 and Column 1 lines 23-54, where the sprouts are at least planted in pots 81 with soil or grow substrate and where the pots 81 are at least placed in the pods 84 of the apparatus). Vogel et al. and Koide et al. 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 Vogel et al. such that planting plant-ready sprouts in pots with soil or grow substrate; placing the pots in the pods of the apparatus in view of Koide et al. The motivation would have been to allow the plants to sprout at a separate location, thereby enabling the user to select healthy and well-developed plants to place on the apparatus.
Vogel et al. as modified by Koide et al. is silent on identifying the pots with pot identifications. Smith et al. discloses identifying the pots with pot identifications (Figs. 1-7 and Paragraph [0026], where there are individual identifications (“tags”) for each pot 10 in the pod 100). Vogel et al. and Smith et al. 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 Vogel et al. as modified by Koide et al. such that identifying the pots with pot identifications in view of Smith et al. The motivation would have been to allow for identification of each specific pot in the pod.
Vogel et al. as modified by Koide et al. and Smith et al. is silent on a plurality of sensors configured to collect sensor data comprising plant physiological processes data of the plants; identifying the plants with plant identifications; collecting the sensor data from the plurality of sensors and determining parameters of physiological processes of the plants based on the sensor data collected; determining current growth stages of the plants based on the plant physiological processes data and plant identifications; and determining by the controller and adjusting the plant environment conditions for the plants based on the received plant identifications, the current growth stages, and the sensor data comprising the plant physiological processes data received from the plurality of sensors. Millar et al. discloses a method of initiating a plant in preparation of its introduction into a vertical farm unit (Fig. 1), the method to be performed in a system comprising: an apparatus configured to revolve pods with sprouts to periodically expose the different sprouts placed in the pods to plant environment conditions (Fig. 1 and Paragraphs [0020-0029], where there is an apparatus 100 configured to revolve pods 104 with sprouts (all stages of plant growth are accommodated, from seed to harvest) to periodically expose the different sprouts placed in the pods 104 to plant environment conditions (temperature, humidity, and light)), a controller having a processor and configured to determine and request to modify the plant environment conditions, a plurality of sensors configured to collect sensor data comprising plant physiological processes data of the plants (Figs. 1-4 and Paragraphs [0030-0031], [0043-0044], [0053], and [0060-0064], where there is a controller 106 having a processor and configured to determine and request to modify the plant environment conditions (temperature, humidity, and light) and where there is a plurality of sensors 250 (imaging) at least configured to collect sensor data comprising plant physiological processes data (“growth of plants” and “size and color”) of the plants); the method comprising: holding plant-ready sprouts in pods with soil or grow substrate and identifying the plants with plant identifications (Figs. 1-4 and Abstract and Paragraphs [0019], [0049-0053], and [0060-0064], where there are plant-ready sprouts in pods 104 with grow substrate and where the plants at least have plant identifications (“the master controller 106 may communicate with the carts 104 and receive information about the plants in the carts 104” or “identify the plants in the carts based on the captured images”)); placing the plants in the pods of the apparatus (plants are at least placed in pods 104); collecting the sensor data from the plurality of sensors and determining parameters of physiological processes of the plants based on the sensor data collected (Figs. 1-4 and Paragraphs [0050-0053] and [0060-0064], collecting the sensor data from the plurality of sensors 250 (imaging) and determining parameters of physiological processes (“growth of plants” and “size and color”) of the plants based on the sensor data (images) collected); determining current growth stages of the plants based on the plant physiological processes data and plant identifications (Figs. 1-4 and Paragraphs [0050-0053] and [0060-0064], determining current growth stages (“monitoring the growth”) of the plants based on the plant physiological processes data (“growth of plants” and “size and color”) and plant identifications (“identify the plants in the carts based on the captured images”)); and determining by the controller and adjusting the plant environment conditions for the pods based on the received plant identifications, the current growth stages, and the sensor data comprising the plant physiological processes data received from the plurality of sensors (Figs. 1-4 and Abstract and Paragraphs [0019], [0049-0053], and [0060-0064], where the controller 106 determines and adjusts the plant environment conditions (temperature, humidity, and light) for the pods 104 based at least on received plant identifications (“identify the plants in the carts based on the captured images”), current growth state (“monitoring the growth”), and sensor data (“images”) received from the plurality of sensors 250). Vogel et al. and Millar et al. 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 Vogel et al. such that a plurality of sensors configured to collect sensor data comprising plant physiological processes data of the plants; identifying the plants with plant identifications; collecting the sensor data from the plurality of sensors and determining parameters of physiological processes of the plants based on the sensor data collected; determining current growth stages of the plants based on the plant physiological processes data and plant identifications; and determining by the controller and adjusting the plant environment conditions for the plants based on the received plant identifications, the current growth stages, and the sensor data comprising the plant physiological processes data received from the plurality of sensors in view of Millar et al., since method and controller of Millar et al. could use the pot identification of Vogel et al. as modified by Koide et al. and Smith et al. as the plant identification parameter. The motivation would have been to optimize the growth conditions, depending on the species of plants being grown as identified by the sensors. This would also allow for customization of the device to accommodate a wide variety of plants.
In regard to claim 14, Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. discloses the method of claim 12, wherein adjusting the plant environmental conditions comprises temperature based on a temperature value determined by the controller (Millar et al., Figs. 1-4 and Paragraph [0043], where adjusting the plant environmental conditions at least includes adjusting the temperature based on a temperature value determined by the controller 106).
In regard to claim 15, Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. discloses the method of claim 12, wherein adjusting the plant environmental conditions comprises adjusting lighting based on a spectrum and intensity determined by the controller (Millar et al., Figs. 1-4 and Paragraph [0030], where adjusting the plant environmental conditions at least includes adjusting lighting based on a spectrum and intensity determined by the controller 106 (“the lighting devices are configured to create a plurality of different colors and/or wavelengths of light, depending on the application, the type of plant being grown, and/or other factors”)).
In regard to claim 16, Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. discloses the method of claim 12, wherein adjusting the plant environmental conditions comprises adjusting humidity based on humidity value determined by the controller (Millar et al., Figs. 1-4 and Paragraph [0043], where adjusting the plant environmental conditions at least includes adjusting the humidity based on a humidity value determined by the controller 106).
In regard to claim 18, Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. discloses the method of claim 12, further comprising distributing fertilizers in response to received commands from the controller (Millar et al., Figs. 1-4 and Paragraphs [0031] and [0034], where fertilizers (nutrient dosing) are at least distributed in response to received commands from the controller 106).
In regard to claim 20, Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. discloses the method of claim 12 further comprising adjusting a pod revolving speed in response to received commands from the controller (Millar et al., Figs. 1-4 and Paragraph [0045], where a pod revolving speed (speed of 104 on the cylindrical track) is at least adjusted in response to received commands from the controller 106 (“master controller 106, from the one or more signals, may determine the speed of the industrial cart 104”)).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Vogel et al. (20200383286) in view of Koide et al. (U.S. Pat. 5261185), Smith et al. (U.S. Pub. 20040211118), and Millar et al. (U.S. Pub. 20180359947) as applied to claim 12, and further in view of Lai (U.S. Pat. 6279263).
In regard to claim 13, Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. discloses the method of claim 12, further comprising, prior to planting the plant- ready sprouts, treating frozen and/or fresh sprouts with a treatment solution for an initial period of time (Koide et al., Figs. 30-33 and Column 1 lines 23-54, where prior to planting the plant-ready sprouts into the pods 84 of the apparatus, the plant-ready sprouts are treated with a treatment solution 83 at least for an initial period of time). Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. is silent on plants for an initial period of time being in an isolated chamber to obtain the plant-ready sprouts. Lai discloses plants for an initial period of time being in an isolated chamber to obtain the plant-ready sprouts (Fig. 1 and Abstract, where there is at least an isolated cultivation chamber provided for growing plants). Vogel et al. and Lai 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 Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. such that plants for an initial period of time being in an isolated chamber to obtain the plant-ready sprouts in view of Lai. The motivation would have been to provide the plants with a specific growth environment, in order to optimize growth and achieve desired growth outcomes.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Vogel et al. (20200383286) in view of Koide et al. (U.S. Pat. 5261185), Smith et al. (U.S. Pub. 20040211118), and Millar et al. (U.S. Pub. 20180359947) as applied to claim 12, and further in view of Millar (U.S. Pub. 20180359954).
In regard to claim 17, Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. ‘947 discloses the method of claim 12, and distributing fertilizers in response to received commands from the controller (Millar et al. ‘947, Figs. 1-4 and Paragraphs [0031] and [0034], where fertilizers (nutrient dosing) are at least distributed in response to received commands from the controller 106). Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. ‘947 is silent on adjusting the plant environmental conditions comprises providing or adjusting providing fertilizers to the plants in an amount and type as determined by the controller. Millar ‘954 discloses adjusting the plant environmental conditions comprises providing or adjusting providing fertilizers to the plants in an amount and type as determined by the controller (Paragraphs [0030-0031] and [0040], where the amount and type of fertilizer (nutrients and nutrient combinations) provided to the plants is controlled and adjusted by the controller 160). Vogel et al. ‘947 and Millar ‘954 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 Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. ‘947 such that adjusting the plant environmental conditions comprises providing or adjust of providing fertilizers to the plants in an amount and type as determined by the controller in view of Millar ‘954. The motivation would have been to allow the device to supply a certain nutrient or a certain amount of a nutrient to the plant, as required by the type of plant or growth stage of the plant.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Vogel et al. (20200383286) in view of Koide et al. (U.S. Pat. 5261185), Smith et al. (U.S. Pub. 20040211118), and Millar et al. (U.S. Pub. 20180359947) as applied to claim 12, and further in view of Kaplita et al. (WO 2021202827).
In regard to claim 19, Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. discloses the method of claim 12. Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. is silent on the controller determines the plant environment conditions by using convolutional neural networks (CNN). Kaplita et al. discloses the controller determines the plant environment conditions by using convolutional neural networks (Paragraphs [0150-0151], where the controller at least determines the plant environment conditions by using convolutional neural networks (“The control algorithms may include machine learning control algorithms (e.g., convolutional neural networks, etc.) for evaluating images of growing crops as well as environmental conditions. Based on the analysis from the analysis module 506, the controls module 502 controls one or more of the germination and/ or growing conditions for modifying crop growth to a desired state”)). Vogel et al. and Kaplita et al. 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 Vogel et al. as modified by Koide et al., Smith et al., and Millar et al. such that the controller determines the plant environment conditions by using convolutional neural networks (CNN)in view of Kaplita et al. The motivation would have been to use machine learning to improve and further optimize the environmental conditions provided for the plants. Thereby, the device can automatically analyze and control various growth scenarios that may arise during cultivation.
Response to Arguments
Applicant’s arguments (filed 09/22/2025) with respect to the rejection of the claims have been fully considered but they are not persuasive. Vogel et al. (20200383286) in view of Koide et al. (U.S. Pat. 5261185), Smith et al. (U.S. Pub. 20040211118), and Millar et al. (U.S. Pub. 20180359947) discloses the applicant’s claim 12 as specified under Claim Rejections - 35 USC § 103 above.
Specifically, Smith et al. teaches identifying the pots with pot identifications in Figs. 1-7 and Paragraph [0026], where there are individual identifications (“tags”) for each pot 10 in the pod 100.
Additional mapping has been added in to the rejections above to clarify the position of the office. As recited in the rejection of claim 12, Millar et al. teaches a plurality of sensors configured to collect sensor data comprising plant physiological processes data of the plants in Figs. 1-4 and Paragraphs [0030-0031], [0043-0044], [0053], and [0060-0064], where there is a plurality of sensors 250 (imaging) at least configured to collect sensor data comprising plant physiological processes data (“growth of plants” and “size and color”) of the plants. Similarly, Millar et al. teaches collecting the sensor data from the plurality of sensors and determining parameters of physiological processes of the plants based on the sensor data collected in Figs. 1-4 and Paragraphs [0050-0053] and [0060-0064], collecting the sensor data from the plurality of sensors 250 (imaging) and determining parameters of physiological processes (“growth of plants” and “size and color”) of the plants based on the sensor data (images) collected.
Millar et al. also teaches determining current growth stages of the plants based on the plant physiological processes data and plant identifications in Figs. 1-4 and Paragraphs [0050-0053] and [0060-0064], determining current growth stages (“monitoring the growth”) of the plants based on the plant physiological processes data (“growth of plants” and “size and color”) and plant identifications (“identify the plants in the carts based on the captured images”).
Lastly, Millar et al. teaches determining by the controller and adjusting the plant environment conditions for the pods based on the received plant identifications, the current growth stages, and the sensor data comprising the plant physiological processes data received from the plurality of sensors in Figs. 1-4 and Abstract and Paragraphs [0019], [0049-0053], and [0060-0064], where the controller 106 determines and adjusts the plant environment conditions (temperature, humidity, and light) for the pods 104 based at least on received plant identifications (“identify the plants in the carts based on the captured images”), current growth state (“monitoring the growth”), and sensor data (“images”) received from the plurality of sensors 250.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of agricultural devices.
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/KEVIN M DENNIS/Examiner, Art Unit 3647