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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/06/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1, 3-5, 8, 9, 19, 20, 21, 23, and 33-36 are rejected under 35 U.S.C. 103 as being unpatentable over Lei (CN 106718245 A) as applied to claim 1, and further in view of Ascherman et al. (US 9185853 B1), hereinafter Ascherman, and Rubanenko (US 20200008375 A1).
Regarding claim 1, Lei discloses an agro-photovoltaic module (abstract; Fig. 1) comprising:
a growing tray having a bottom surface and circumferential side walls (basin body 1; Fig. 1), configured to
facilitate a growing bed for enabling the growth of one of plants or animals (Fig. 1 shows plant growing from basin body); and
a photovoltaic cell positionable over said growing tray, configured to produce photovoltaic energy (solar cell panel 2; Fig. 1);
a water collecting tank configured to store water therein (water tank 9; ¶ 0028, lines 3-5, “the pot body comprises an inner pot and an outer pot, a temperature sensor and a humidity sensor are mounted on the inner pot wall, an interlayer is arranged between the inner pot body and the outer pot body, the interlayer has two layers, the upper layer is a water tank”), wherein said water collecting tank is positioned beneath said growing tray (Fig. 2 shows water tank space with pump 14 is located below cavity with plant);
one or more water ports for allowing flow of water (Figs. 2 and 3 show pump 14 in communication with water pipe 8 from the water tank in basin body, water pipe 8 comprising spray holes 7 that spray water onto the plant in the grow tray, facilitating at least unidirectional flow; ¶ 0030, lines 13-15);
wherein said photovoltaic cell is connectable to like photovoltaic cells of like agro-photovoltaic modules to form a series circuit, a parallel circuit or series of any combination thereof (Fig. 2 shows three like solar cell panels 2, all linked in a circuit connected to battery 12).
Lei, however, fails to specifically disclose an exterior circumferential shoulder extending from the bottom surface, and including a cavity between circumferential walls, the circumferential walls correspondingly configured with respect to the circumferential shoulder for receiving the circumferential shoulder of the growing tray at least partially within the cavity in a removably attachable engagement, the growing tray comprises a drainage port at the bottom surface; drainage of excess water from said growing tray through the drainage port to said water collecting tank; and the water collecting tank comprising: at least one outer peripheral wall; and at least one connector integral with and extending outward from the at least one outer peripheral wall, and is configured for receiving said at least one connector integral with and extending outward from at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement, to connect the water collecting tanks; one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank.
Ascherman is in the field of plant growth modules and teaches a growing tray having a bottom surface and circumferential side walls, an exterior circumferential shoulder extending from the bottom surface (Fig. 2 shows insert male pot 14 is a growing tray with a bottom surface, circumferential side walls and an circumferential shoulder extending from the bottom surface), a water collecting tank configured to store water therein and including a cavity between circumferential walls (Fig. 4 shows base female pot 12 with a cavity between circumferential walls 34 to store water), the circumferential walls correspondingly configured with respect to the circumferential shoulder for receiving the circumferential shoulder of the growing tray at least partially within the cavity in a removably attachable engagement (Fig. 5 shows an inserted view where circumferential walls 34 are correspondingly configured with respect to the shoulder of insert male pot 14, where the pot 14 is partially within the cavity of pot 12), the growing tray comprises a drainage port at the bottom surface (drain slots 66; Fig. 6); to enable drainage of excess water from said growing tray through the drainage port to said water collecting tank (Col. 3, lines 48-52, “As shown in FIG. 5, the spaces 68, 70, respectively, between the basin portion and the side of the base pot and the bottom 52 of the insert pot and the bottom 20 of the base pot provides room for drainage of water from the insert pot to the base pot”); and the water collecting tank comprising: at least one outer peripheral wall (Fig. 1 shows pot 12 has outer peripheral wall); and at least one connector extending outward from the at least one outer peripheral wall, and configured for receiving said at least one connector extending outward from said at least one outer peripheral wall of another like one of said water collecting tank, to connect the water collecting tanks (Fig. 1 shows connector tee 22 and drain line 32 extending outward from outer wall of pot 12; Col. 3, lines 52-55, “That water then passes through the basket strainer, through the connector Tee and into the drain line. The drain line can be coupled to a common drain line or lines connected to other nested pot combinations”); one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank (drain hole 24; Fig. 5; Col. 3, lines 52-55).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei to include a growing tray having a bottom surface and circumferential side walls, an exterior circumferential shoulder extending from the bottom surface, a water collecting tank configured to store water therein and including a cavity between circumferential walls, the circumferential walls correspondingly configured with respect to the circumferential shoulder for receiving the circumferential shoulder of the growing tray at least partially within the cavity in a removably attachable engagement, the growing tray comprises a drainage port at the bottom surface, the growing tray comprises a drainage port at the bottom surface; to enable drainage of excess water from said growing tray through the drainage port to said water collecting tank; and the water collecting tank comprising: at least one outer peripheral wall; and at least one connector extending outward from the at least one outer peripheral wall, and configured for receiving said at least one connector extending outward from said at least one outer peripheral wall of another like one of said water collecting tank, to connect the water collecting tanks; one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank, as taught by the liquid drainage system and connection between multiple modules of Ascherman. The configuration would allow for stacking of trays and tanks in order to improve storage, and for multiple grow units to be fluidly linked, which would allow the user to deliver nutrients to plants uniformly, as well as for excess water drain from each module, thus further optimizing the system. The modification would have a reasonable expectation of success.
Rubanenko is in the field of grow trays and teaches at least one connector integral with and extending outward from the at least one outer peripheral wall (Figs. 2 and 3 show outlet 188 with outlet connector 198 integral with and extending outward from front end wall 142), and is configured for receiving said at least one connector integral with and extending outward from at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement (Figs. 2 and 3 show outlet 188 with outlet connector 198 is configured for receiving connection from a like water collecting tank in an overlapping engagement).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman to include at least one connector integral with and extending outward from the at least one outer peripheral wall, and is configured for receiving said at least one connector integral with and extending outward from at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement, as taught by the connector configuration of Rubanenko. The integral nature and outer wall location of the connector configuration would further facilitate circulation within the system, which would result in improved fluid conveyance. The modification would have a reasonable expectation of success.
Regarding claim 3, Lei in view of Ascherman and Rubanenko discloses the device of claim 1, and furthermore, the modified reference teaches wherein, said growing tray is configured for stackable nesting into like growing trays or said water collecting tank is configured for stackable nesting into like water collecting tanks or wherein said growing tray is configured for stackable nesting into said water collecting tank, or vice versa (Ascherman; Figs. 1-5 show that the male and female pots, 14 and 12, are dimensioned such that they are configured for stackable nesting into like male and female pots, 14 and 12).
Regarding claim 4, Lei in view of Ascherman and Rubanenko discloses the device of claim 1.
Lei discloses wherein said growing tray is rotatable with respect to the water collecting tank (Figs. 1 and 2 show that basin body 1 can be configured to support rotation with respect to the water tank).
Regarding claim 5, Lei in view of Ascherman and Rubanenko discloses the device of claim 1.
Lei discloses wherein said water collecting tank has circumferential side walls, wherein said growing tray is contained within said circumferential side walls (Fig. 2 shows water tank and growing tray are contained within side walls of the container).
Regarding claim 8, Lei in view of Ascherman and Rubanenko discloses the device of claim 1, and furthermore, the modified reference teaches being connectable via a first port to a first water source including biological matter (Ascherman; Col. 2, lines 2-13, “Irrigation can be supplied either by overhead drip line and allowed to drain from the insert into the base pot, where it drains through the basin drain and through pipe and filters into a water supply and circulation system, or it can be provided from a source in fluid communication with the base pot so as to introduce water and nutrients in the space surrounding the insert pot, where it will migrate through the slots and drain holes and come into contact with the growing medium and plant roots. The fluid circulated may be provided with plant nutrients and fertilizer and can be circulated and then recirculated through the irrigation system”), and via a second port to a second water source to discharge processed water after passing through the growing tray (Ascherman; Col. 3, lines 52-55).
Regarding claim 9, Lei in view of Ascherman and Rubanenko discloses the device of claim 8, and furthermore, the modified reference teaches further comprises one or more pumps for circulating water from the water collecting tank to the growing tray (Lei; pump 14; Fig. 2).
Regarding claim 19, Lei in view of Ascherman and Rubanenko discloses the device of claim 1.
Lei discloses further comprises a processing circuitry and one or more sensors for sensing at least one of: temperature, humidity, water level in the collecting tank and state of the photovoltaic cell (temperature sensor 10, humidity sensor 11; Fig. 2), wherein the processing circuitry is configured for controlling at least one of: water inflow/outflow of the system, climate conditions and photovoltaic cell state in response to a measurement received by said one or more sensors (¶ 0030, lines 13-15).
Regarding claim 20, Lei in view of Ascherman and Rubanenko discloses the device of claim 1.
Lei discloses wherein the growing tray further comprises watering tunnels for providing constant water supply to plants growing thereon (Figs. 2 and 3 show water pipe 8 comprising spray holes 7 that spray water onto the plant in the grow tray, is a watering tunnel for supplying water to plants).
Regarding claim 21, Lei in view of Ascherman and Rubanenko discloses the device of claim 1, and furthermore, the modified reference teaches further comprises a perforated cover mounted on the growing tray, perforations of the cover are configured for fitting over the plants in the growing tray to allow them to be exposed to the environment (Rubanenko; cover 202; Fig. 7; ¶ 0039, lines 6-11, “The cover 202 is located above the aerators 186 so as not to interfere with the spraying of the nutrient solution by the aerators. The cover 202 includes stem openings 204 through which plant stems and branches, i.e. the crowns of plants whose roots are in the cultivation container 102, may extend”).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman and Rubanenko to include a perforated cover mounted on the growing tray, the perforations of the cover are configured for fitting over the plants in the growing tray to allow them to be exposed to the environment, as taught by the cover of Rubanenko. The cover would allow for the plants to be protected from outside environmental hazards while still allowing the plants to grow, which would result in healthier plants. The modification would have a reasonable expectation of success.
Regarding claim 23, Lei in view of Ascherman and Rubanenko discloses the device of claim 21, and furthermore, the modified reference teaches wherein the growing tray further comprises watering tunnels for providing constant water supply to plants growing thereon and the perforations of the perforated cover are arranged along the watering tunnels to define growing spots for plants (Rubanenko; irrigation system 180; Fig. 1 shows irrigation system is a tunnel that is arranged in the growing tray 102 and extends in the same direction as the array of perforations 204, 206 in cover 202).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman and Rubanenko to include wherein the growing tray further comprises watering tunnels for providing constant water supply to plants growing thereon and perforations of the perforated cover are arranged along the watering tunnels to define growing spots for plants, as taught by the watering tunnels of Rubanenko. This would allow for more efficient distribution of moisture within the tray, which would improve growth characteristics. The modification would have a reasonable expectation of success.
Regarding claim 33, Lei discloses an agro-photovoltaic module comprising: a first unit comprising:
a growing tray having a bottom surface and side walls along a periphery and a cavity within the side walls of the periphery (basin body 1; Fig. 1), configured to facilitate a growing bed for enabling the growth of one of plants or animals (Fig. 1 shows plant growing from basin body),
a water collecting tank configured: 1] for coupling with the growing tray (water tank 9; ¶ 0028, lines 3-5), and 2] to store water therein (water tank 9; ¶ 0028, lines 3-5), wherein said water collecting tank is positioned beneath said growing tray (Fig. 2 shows water tank space with pump 14 is located below cavity with plant),
a second unit comprising: a photovoltaic cell positionable over said growing tray, configured to produce photovoltaic energy (solar cell panel 2; Fig. 1);
wherein said photovoltaic cell is connectable to like photovoltaic cells of like agro- photovoltaic modules to form a series circuit, a parallel circuit or series of any combination thereof (Fig. 2 shows three like solar cell panels 2, all linked in a circuit connected to battery 12).
Lei, however, fails to specifically disclose the growing tray comprises a drainage port at the bottom surface; wherein said water collecting tank is positioned beneath said growing tray to enable drainage of water from said growing tray through the drainage port to said water collecting tank, the water collecting tank including a periphery correspondingly configured with respect to the side walls along the periphery of the growing tray, wherein the water collecting tank is receivable in the cavity of the growing tray of another said first unit, such that the first unit is stackable with one or more of the first units; and the water collecting tank comprising: at least one outer peripheral wall; and at least one connector integral with and extending outward from the at least one outer peripheral wall, and the at least one connector configured for receiving at least one connector integral with and extending outward from said at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement, to connect said water collecting tanks; and one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank.
Ascherman teaches the growing tray comprises a drainage port at the bottom surface (drain slots 66; Fig. 6); wherein said water collecting tank is positioned beneath said growing tray to enable drainage of water from said growing tray through the drainage port to said water collecting tank (Fig. 5; Col. 3, lines 48-52), the water collecting tank including a periphery correspondingly configured with respect to the side walls along the periphery of the growing tray (Fig. 5 shows an inserted view where circumferential walls 34 are correspondingly configured with respect to the shoulder of insert male pot 14, where the pot 14 is partially within the cavity of pot 12), wherein the water collecting tank is receivable in the cavity of the growing tray of another said first unit, such that the first unit is stackable with one or more of the first units (Figs. 1-5 show that the male and female pots, 14 and 12, are dimensioned such that they are configured for stackable nesting into like male and female pots, 14 and 12); and the water collecting tank comprising: at least one outer peripheral wall (Fig. 1 shows pot 12 has outer peripheral wall); and at least one connector extending outward from the at least one outer peripheral wall, and the at least one connector configured for receiving said at least one connector extending outward from said at least one outer peripheral wall of another like one of said water collecting tank, to connect said water collecting tanks (Fig. 1 shows connector tee 22 and drain line 32 extending outward from outer wall of pot 12; Col. 3, lines 52-55); and one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank (Col. 3, lines 52-55).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei such that the growing tray comprises a drainage port at the bottom surface; wherein said water collecting tank is positioned beneath said growing tray to enable drainage of water from said growing tray through the drainage port to said water collecting tank, the water collecting tank including a periphery correspondingly configured with respect to the side walls along the periphery of the growing tray, wherein the water collecting tank is receivable in the cavity of the growing tray of another said first unit, such that the first unit is stackable with one or more of the first units; and the water collecting tank comprising: at least one outer peripheral wall; and at least one connector extending outward from the at least one outer peripheral wall, and the at least one connector configured for receiving said at least one connector extending outward from said at least one outer peripheral wall of another like one of said water collecting tank, to connect said water collecting tanks; and one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank, as taught by the liquid drainage system and connection between multiple modules of Ascherman. The configuration would allow for stacking of trays and tanks in order to improve storage, and for multiple grow units to be fluidly linked, which would allow the user to deliver nutrients to plants uniformly, as well as for excess water drain from each module, thus further optimizing the system. The modification would have a reasonable expectation of success.
Rubanenko teaches at least one connector integral with and extending outward from the at least one outer peripheral wall (Figs. 2 and 3 show outlet 188 with outlet connector 198 integral with and extending outward from front end wall 142), and the at least one connector configured for receiving at least one connector integral with and extending outward from at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement (Figs. 2 and 3 show outlet 188 with outlet connector 198 is configured for receiving connection from a like water collecting tank in an overlapping engagement).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman to include at least one connector integral with and extending outward from the at least one outer peripheral wall, and is configured for receiving said at least one connector integral with and extending outward from at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement, as taught by the connector configuration of Rubanenko. The integral nature and outer wall location of the connector configuration would further facilitate circulation within the system, which would result in improved fluid conveyance. The modification would have a reasonable expectation of success.
Regarding claim 34, Lei in view of Ascherman and Rubanenko discloses the device of claim 33.
Lei discloses wherein the growing tray is integral with the water collecting tank (Fig. 1; ¶ 0028, lines 3-5).
Regarding claim 35, Lei in view of Ascherman and Rubanenko discloses the device of claim 33.
Lei discloses wherein the photovoltaic cell is positioned to control sunlight reaching the growing tray (Fig. 1 shows a solar cell panel 2 is positioned above the growing tray, which controls sunlight from reaching the growing tray).
Regarding claim 36, Lei discloses an agro-photovoltaic module comprising:
a growing tray having a bottom surface and circumferential side walls, configured to facilitate a growing bed for enabling the growth of one of plants or animals (basin body 1; Fig. 1 shows plant growing from basin body),
a photovoltaic cell positionable over said growing tray, configured to produce photovoltaic energy (solar cell panel 2; Fig. 1); and
a water collecting tank configured to store water therein, wherein said water collecting tank is positioned beneath said growing tray (water tank 9; ¶ 0028, lines 3-5),
wherein said photovoltaic cell is connectable to like photovoltaic cells of like agro- photovoltaic modules to form a series circuit, a parallel circuit or series of any combination thereof (Fig. 2 shows three like solar cell panels 2, all linked in a circuit connected to battery 12).
Lei, however, fails to specifically disclose the growing tray comprises a drainage port at the bottom surface; to enable drainage of excess water from said growing tray through the drainage port to said water collecting tank, and the water collecting tank comprising: at least one outer peripheral wall; and one or more water ports as openings in the at least one outer peripheral wall, the one or more water ports configured for being received in a direct connection with a correspondingly positioned receiving port as an opening in the at least one outer peripheral wall of at least one like water collecting tank for allowing direct flow of water between the one of the one or more water ports of the water collecting tank and the receiving port of said at least one like water collecting tank.
Ascherman teaches the growing tray comprises a drainage port at the bottom surface (drain slots 66; Fig. 6); and wherein said water collecting tank is positioned beneath said growing tray to enable drainage of excess water from said growing tray through the drainage port to said water collecting tank (Fig. 5; Col. 3, lines 48-52), and the water collection tank comprising: at least one outer peripheral wall (Fig. 1 shows pot 12 has outer peripheral wall); and one or more water ports configured for being received in a direct connection with a receiving port of at least one like water collecting tank for allowing direct flow of water between the water collecting tank and said at least one like water collecting tank (Col. 3, lines 52-55).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei such that the growing tray comprises a drainage port at the bottom surface; and wherein said water collecting tank is positioned beneath said growing tray to enable drainage of excess water from said growing tray through the drainage port to said water collecting tank, and the water collection tank comprising: at least one outer peripheral wall; and one or more water ports configured for being received in a direct connection with a receiving port of at least one like water collecting tank for allowing direct flow of water between the water collecting tank and said at least one like water collecting tank, as taught by the liquid drainage system and connection between multiple modules of Ascherman. The configuration would allow for stacking of trays and tanks in order to improve storage, and for multiple grow units to be fluidly linked, which would allow the user to deliver nutrients to plants uniformly, as well as for excess water drain from each module, thus further optimizing the system. The modification would have a reasonable expectation of success.
Rubanenko teaches one or more water ports as openings in the at least one outer peripheral wall, the one or more water ports configured for being received in a direct connection with a correspondingly positioned receiving port as an opening in the at least one outer peripheral wall of at least one like water collecting tank for allowing direct flow of water between the one of the one or more water ports of the water collecting tank and the receiving port of said at least one like water collecting tank (Figs. 2 and 3 show water outlet 188 with outlet connector 198 integral with and extending outward from front end wall 142 such that outlet 188 with outlet connector 198 is configured for receiving connection from a correspondingly positioned receiving port of a like water collecting tank).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman to include one or more water ports as openings in the at least one outer peripheral wall, the one or more water ports configured for being received in a direct connection with a correspondingly positioned receiving port as an opening in the at least one outer peripheral wall of at least one like water collecting tank for allowing direct flow of water between the one of the one or more water ports of the water collecting tank and the receiving port of said at least one like water collecting tank, as taught by the connector configuration of Rubanenko. The integral nature and outer wall location of the connector configuration would further facilitate circulation within the system, which would result in improved fluid conveyance. The modification would have a reasonable expectation of success.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lei (CN 106718245 A), Ascherman (US 9185853 B1), and Rubanenko (US 20200008375 A1), as applied to claim 1, and further in view of Chen (CN 108471293 A).
Regarding claim 10, Lei in view of Ascherman and Rubanenko discloses the device of claim 1, however, the modified reference fails to specifically disclose wherein photovoltaic cell is inclined to define a bottom part of the photovoltaic cell, wherein the bottom part of the photovoltaic cell comprises a water draining element for draining the water flowing over the photovoltaic cell and direct them to either the water collecting tank or the growing tray.
Chen is in the field of photovoltaics and plant cultivation and teaches wherein photovoltaic cell is inclined to define a bottom part of the photovoltaic cell, wherein the bottom part of the photovoltaic cell comprises a water draining element for draining the water flowing over the photovoltaic cell and direct them to either the water collecting tank or the growing tray (Fig. 1; ¶ 0028, lines 10-12, “The photovoltaic panel 1 is tilted so that the water sprayed by the nozzle 4 onto the back of the photovoltaic panel can be drained from the upper part of the photovoltaic panel to the lower part of the photovoltaic panel, and part of the water will directly drip into the green plants for drip irrigation during drainage”).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman and Rubanenko such that the photovoltaic cell is inclined to define a bottom part of the photovoltaic cell, wherein the bottom part of the photovoltaic cell comprises a water draining element for draining the water flowing over the photovoltaic cell and direct them to either the water collecting tank or the growing tray, as taught by the photovoltaic panel inclination of Chen. The configuration would allow for water to easily drain off of the panel and onto the plants, which would improve plant growth. The modification would have a reasonable expectation of success.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Lei (CN 106718245 A), Ascherman (US 9185853 B1), and Rubanenko (US 20200008375 A1) as applied to claim 21, and further in view of Malczyk (US 5241781 A).
Regarding claim 22, Lei in view of Ascherman and Rubanenko discloses the device of claim 21, however, the modified reference fails to specifically disclose the perforated cover comprises a photovoltaic facing face that comprises or coated by a reflecting material that is configured to reflect a selected range of electromagnetic radiation.
Malczyk is in the field of plant growth containers and teaches the perforated cover comprises a photovoltaic facing face that comprises or is coated by a reflecting material that is configured to reflect a selected range of electromagnetic radiation (col. 4, lines 40-45, “the interior surface of the barrel 12 is covered with a sheet of flexible mylar 30 and a further mylar sheet 32 is mounted on a bottom interior portion of the lid 14. As is well known in the art, the mylar 30,32 is very flexible and durable, as well as being light reflective and impervious to moisture”).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman and Rubanenko to include the perforated cover comprises a photovoltaic facing face that comprises or coated by a reflecting material that is configured to reflect a selected range of electromagnetic radiation, as taught by the reflective cover material of Malczyk. This would allow for more light to be reflected to plant components, which would improve growth characteristics. The modification would have a reasonable expectation of success.
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Lei (CN 106718245 A), Ascherman (US 9185853 B1), and Rubanenko (US 20200008375 A1), as applied to claim 1, and further in view of Irritier et al. (US 20200386734 A1), hereinafter Irritier.
Regarding claim 24, Lei in view of Ascherman and Rubanenko discloses the device of claim 1, however, the modified reference fails to specifically disclose wherein a majority of said produced photovoltaic energy is directed to an external electric power system.
Irritier is in the field of photovoltaics in plant cultivation and teaches wherein a majority of said produced photovoltaic energy is directed to an external electric power system (¶ 0064, lines 7-25, “The transparent panel 254 can allow light to pass to the generator 256, which can be a solar/photovoltaic generator. The generator 256 can provide power to the sensor station 200 in a manner reducing or eliminating a need for an outside power source [e.g., a connection to an electrical utility distribution grid]. The generator 256 can also be used for energy harvesting, wherein the generator 256, in conjunction with an energy storage device [e.g., a battery] in the electronics station 258 can store energy produced by the generator 256. The generator 256 can allow the sensor station 200 to operate continuously and indefinitely as long as there is a baseline amount of light intensity [e.g., regular sunlight or indoor light exposure normally used to grow plants in a horticulture environment]. In some embodiments, the generator 256 can comprise an external connection to a wind generator or another type of power generator. In some embodiments, the generator 256 can be omitted, and the sensor station 200 can be connected to an external power source”).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman and Rubanenko such that a majority of said produced photovoltaic energy is directed to an external electric power system, as taught by the power system of Irritier. This would allow for excess energy in the device to be routed to external systems in order supply power. This would expand the use case of this system to include power generation for devices outside of the growth device. The modification would have a reasonable expectation of success.
Regarding claim 25, Lei in view of Ascherman, Rubanenko, and Irritier discloses the device of claim 24, and furthermore, the modified reference teaches wherein said photovoltaic cell is connectable to said external electric power system (Irritier; ¶ 0064, lines 7-25).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Lei (CN 106718245 A), Ascherman (US 9185853 B1), and Rubanenko (US 20200008375 A1), as applied to claim 1, and further in view of Hinson (US 9509247 B1).
Regarding claim 26, Lei in view of Ascherman and Rubanenko discloses the device of claim 1, however, the modified reference fails to specifically disclose a system of at least two agro-photovoltaic modules, wherein the photovoltaic cell of each of the modules is connectable to the electric power system: and wherein the photovoltaic cells of the modules are connectable to each other to form a series circuit, a parallel circuit or series of any combination thereof, and said circuit is connectable to the external electric power system.
Hinson is in the field of photovoltaics in plant cultivation and teaches a system of at least two agro-photovoltaic modules (Fig. 3 shows multiple solar panel 10 and plant 13 assemblies), wherein the photovoltaic cell of each of the at least two agro-photovoltaic modules is connectable to the electric power system: and wherein the photovoltaic cells of the modules are connectable to each other to form a series circuit, a parallel circuit or series of any combination thereof, and said circuit is connectable to the external electric power system (abstract, lines 6-9, “The array is a photo-voltaic module to convert solar energy into electrical energy to power the greenhouse, other onsite devices, or to export excess energy to a local electrical grid”).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman and Rubanenko to include a system of at least two agro-photovoltaic modules, wherein the photovoltaic cell of each of the modules is connectable to the electric power system: and wherein the photovoltaic cells of the modules are connectable to each other to form a series circuit, a parallel circuit or series of any combination thereof, and said circuit is connectable to the external electric power system, as taught by the arrayed system of Hinson. This would allow for multiple photovoltaic modules to be linked to the same electrical network and external grid, which would result in more efficient overall power management. The modification would have a reasonable expectation of success.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Lei (CN 106718245 A), Ascherman (US 9185853 B1), and Rubanenko (US 20200008375 A1), as applied to claim 1, and further in view of McDonough et al. (US 6606823 B1), hereinafter McDonough.
Regarding claim 32, Lei discloses an agro-photovoltaic module (abstract; Fig. 1) comprising:
a growing tray having a bottom surface and circumferential side walls (basin body 1; Fig. 1), configured to
facilitate a growing bed for enabling the growth of one of plants or animals (Fig. 1 shows plant growing from basin body); and
a photovoltaic cell positionable over said growing tray, configured to produce photovoltaic energy (solar cell panel 2; Fig. 1);
a water collecting tank configured to store water therein (water tank 9; ¶ 0028, lines 3-5), wherein said water collecting tank is configured for being positioned beneath said growing tray (Fig. 2 shows water tank space with pump 14 is located below cavity with plant);
one or more water ports for allowing flow of water (Figs. 2 and 3 show pump 14 in communication with water pipe 8 from the water tank in basin body, water pipe 8 comprising spray holes 7 that spray water onto the plant in the grow tray, facilitating at least unidirectional flow; ¶ 0030, lines 13-15);
wherein said photovoltaic cell is connectable to like photovoltaic cells of like agro-photovoltaic modules to form a series circuit, a parallel circuit or series of any combination thereof (Fig. 2 shows three like solar cell panels 2, all linked in a circuit connected to battery 12);
Lei, however, fails to specifically disclose wherein said water collecting tank is separable from the growing tray the growing tray comprises a drainage port at the bottom surface; drainage of excess water from said growing tray through the drainage port to said water collecting tank; and the water collecting tank comprising: at least one outer peripheral wall; and at least one connector integral with and extending outward from the at least one outer peripheral wall, and the at least one connector configured for receiving at least one connector integral with and extending outward from at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement, to connect said water collecting tanks; one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank; the photovoltaic cell is detachably attachable to either the growing tray, the collecting tank, or the growing tray and the collecting tank; the drainage port comprises a filter for preventing the majority of the growing bed from entering the water tank while water is drained through the drainage port, each of the growing tray and the water collecting tank are configured for stackable nesting with at least one like said growing tray and said water collecting tank, respectively, when detached from the photovoltaic cell.
Ascherman teaches wherein said water collecting tank is separable from the growing tray (Fig. 2 shows female pot 12 separated from male pot 14), the growing tray comprises a drainage port at the bottom surface (drain slots 66; Fig. 6); to enable drainage of excess water from said growing tray through the drainage port to said water collecting tank (Col. 3, lines 48-52); and the water collecting tank comprising: at least one outer peripheral wall (Fig. 1 shows pot 12 has outer peripheral wall); and at least one connector extending outward from the at least one outer peripheral wall, and the at least one connector configured for receiving said at least one connector extending outward from said at least one outer peripheral wall of another like one of said water collecting tank, to connect said water collecting tanks (Fig. 1 shows connector tee 22 and drain line 32 extending outward from outer wall of pot 12; Col. 3, lines 52-55); one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank (Col. 3, lines 52-55), each of the growing tray and the water collecting tank are configured for stackable nesting with at least one like said growing tray and said water collecting tank, respectively, when detached from the photovoltaic cell (Ascherman; Figs. 1-5 show that the male and female pots, 14 and 12, are dimensioned such that they are configured for stackable nesting into like male and female pots, 14 and 12).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei to include wherein said water collecting tank is separable from the growing tray, the growing tray comprises a drainage port at the bottom surface; to enable drainage of excess water from said growing tray through the drainage port to said water collecting tank; and the water collecting tank comprising: at least one outer peripheral wall; and at least one connector extending outward from the at least one outer peripheral wall, and the at least one connector configured for receiving said at least one connector extending outward from said at least one outer peripheral wall of another like one of said water collecting tank, to connect said water collecting tanks; one or more water ports for allowing flow of water between the water collecting tank and at least one like water collecting tank, each of the growing tray and the water collecting tank are configured for stackable nesting with at least one like said growing tray and said water collecting tank, respectively, when detached from the photovoltaic cell, as taught by the liquid drainage system and connection between multiple modules of Ascherman. The configuration would allow for stacking of trays and tanks in order to improve storage, and for multiple grow units to be fluidly linked, which would allow the user to deliver nutrients to plants uniformly, as well as for excess water drain from each module, thus further optimizing the system. The modification would have a reasonable expectation of success.
Rubanenko teaches at least one connector integral with and extending outward from the at least one outer peripheral wall (Figs. 2 and 3 show outlet 188 with outlet connector 198 integral with and extending outward from front end wall 142), and the at least one connector configured for receiving at least one connector integral with and extending outward from at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement (Figs. 2 and 3 show outlet 188 with outlet connector 198 is configured for receiving connection from a like water collecting tank in an overlapping engagement).
Therefore, it would have been obvious to one of ordinary skill in the art of plant hydration systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman to include at least one connector integral with and extending outward from the at least one outer peripheral wall, and is configured for receiving said at least one connector integral with and extending outward from at least one outer peripheral wall of another like one of said water collecting tank in an overlapping engagement, as taught by the connector configuration of Rubanenko. The integral nature and outer wall location of the connector configuration would further facilitate circulation within the system, which would result in improved fluid conveyance. The modification would have a reasonable expectation of success.
McDonough teaches the drainage port comprises a filter for preventing the majority of the growing bed from entering the water tank while water is drained through the drainage port (col. 7, lines 13-17).
Therefore, it would have been obvious to one of ordinary skill in the art of modular plant systems before the effective filing date of the claimed invention to modify the device of Lei in view of Ascherman and Rubanenko such that the drainage port comprises a filter for preventing the majority of the growing bed from entering the water tank while water is drained through the drainage port, as taught by the detachable solar cells and drainage filters of McDonough. The drainage filter would prevent the erosion of the growing matrix and remove particulate from the water, which would improve water circulation within the system. The modification would have a reasonable expectation of success.
Response to Arguments
Applicant’s arguments filed 01/06/2026 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.
Felknor, US 20100212225 A1, discusses a nutrient and water-dispensing system for watering and feeding of plants.
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.
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/S.T.C./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642