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 .
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) 1-3, 6-10, 12-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US-11632914-B2) in view of Cronk (US-8966817-B2) and Blackburn (US-10973186-B2).
Regarding claim 1, Choi discloses a plant cultivation apparatus comprising:
a cabinet (210, see fig 5) forming at least one cultivation space (s1, s2, see fig 5); and
a seed package (200) disposed at the cultivation space; and
a cultivation shelf (see annotated fig 5 below) that is positioned in the cultivation space and on which the seed package (200) is seated, and includes a water supply unit (223 with feed channel 223-1, see fig 7) to supply water into the seed package, (see annotated fig 5, shelf that package 200 sits on);
wherein the seed package comprises:
a seed accommodation pod (100 and 140, see figs 2-3 and 5-6) and including a material that absorbs moisture and accommodates one or more seeds or plants therein (140 may be soil, see fig 2 and col 7, lines 50-56);
a container (tray 220, see fig 5) that includes a space to receive the seed accommodation pod;
a container cover provided at open upper end of the container (cover 221, see fig 5); and
wherein the container includes a bottom surface and a side surface extending upward along an outer edge of the bottom surface (tray 220 with bottom and sides, see fig 5)
the water inlet (water/nutrient injection pipes, 227, see fig 7) being configured to allow water to flow into the container,
wherein the water supply unit is disposed below a lower surface of the first portion (water supply 223-1, 223-2, see fig 7).
Choi fails to disclose a shielding sheet provided inside the container and configured to pass water therethrough, wherein the container includes a bottom surface and a side surface extending upward along an outer edge of the bottom surface, wherein the bottom surface includes a first portion on which a protrusion is disposed, and a second portion on which a water inlet is disposed, the water inlet being spaced apart from the protrusion and configured to allow water to flow into the container, wherein the shielding member is disposed on the second portion and overlaps at least a portion of the water inlet in a vertical direction, and the shielding member is configured to allow water to pass from the water inlet along a portion of the second portion below an upper surface of the protrusion, wherein the seed accommodation pod is provided on the shielding sheet.
Cronk teaches a shielding sheet (irrigation mat 26, see figs 1-2 and col 6, lines 36-59) provided inside the container and configured to pass water therethrough, wherein the container (24) includes a bottom surface (38) and a side surface (40) extending upward along an outer edge of the bottom surface, wherein the bottom surface includes a first portion (right portion of 38, see fig 2) on which a protrusion (36, see fig 2) is disposed, and a second portion (left portion of 38, see fig 2) on which a water inlet (56 near 66) is disposed, the water inlet being spaced apart from the protrusion (see fig 2) and configured to allow water to flow into the container (apertures 56 allow water to flow from line 64 in channel 62 to irrigation 26 and into the container, see fig 2 and col 6, lines 36-58), wherein the shielding member (26) is disposed on the second portion and overlaps at least a portion of the water inlet in a vertical direction (26 overlaps apertures 56, see fig 2 and col 6, lines 36-58), and the shielding member (26) is configured to allow water to pass from the water inlet (56) along a portion of the second portion below an upper surface of the protrusion.
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 irrigation mat of Cronk with a reasonable expectation of success this will ensure the water is spread to all plants within the planting area to prevent unequal water distribution which disrupts growth patterns.
Blackburn teaches wherein the seed accommodation pod is provided on the shielding sheet (see figs 1-2, pod 12 on shielding sheet 32).
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 seed pod on the shielding sheet with a reasonable expectation of success because this will keep the seed pods supported and with adequate access to hydration and nutrients to increase growth and development.
Regarding claim 2, the modified reference teaches the plant cultivation apparatus of claim 1.
The modified reference fails to teach wherein the container includes a plurality of the water inlets provided on the bottom surface and on both sides of the protrusion.
Blackburn teaches wherein the container includes a plurality of the water inlets (48, see fig 3) provided on the bottom surface and on both sides of the protrusion (upper 52, see figs 2-5).
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 a plurality of water inlets with a reasonable expectation of success because this will ensure all the seed accommodating portions receive adequate water.
Regarding claim 3, the modified reference teaches the plant cultivation apparatus of claim 1.
The modified reference fails to teach wherein the container includes an extension that is protruding from the bottom surface and into the space and connects the protrusion and opposing side edges of the bottom surface.
Blackburn teaches wherein the container includes an extension that is recessed in the bottom surface and into the space and connects the recess and opposing side edges of the bottom surface (upper surface edges 52, connect the opposite sides, see figs 3-4).
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 system with the extension of Blackburn with a reasonable expectation of success because this will provide increased structural integrity and spacing and support for the watering system.
Regarding claim 6, the modified reference teaches the plant cultivation apparatus of claim 1, and Choi further discloses wherein the seed package includes a plurality of the seed accommodation pods (see figs 5-6), and the plurality of seed accommodation pods are spaced apart from the protrusion (see figs 5-6, as modified by Cronk above with the protrusion).
Regarding claim 7, the modified reference teaches the plant cultivation apparatus of claim 1, and Choi further discloses wherein at least one of the plurality of seed accommodation pods (100) is positioned over the water inlet in the vertical direction (see figs 5-7, pods above injection pipe inlets).
Regarding claim 8, the modified reference teaches the plant cultivation apparatus of claim 1.
The modified reference fails to teach wherein one or more of the plurality of seed accommodation pods are positioned so as not to overlap the water inlet in the vertical direction.
Blackburn teaches wherein one or more of the plurality of seed accommodation pods are positioned so as not to overlap the water inlet in the vertical direction (see fig 7, seed pods and inlets slightly offset).
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 offset pods and inlets with a reasonable expectation of success because this will ensure the seed pods are not overwatered or damaged.
Regarding claim 9, the modified reference teaches the plant cultivation apparatus of claim 1, and Choi further discloses wherein the seed accommodation pod (100) includes a seed accommodation groove that accommodates the one or more seed (groove made by 134, see fig 2).
Regarding claim 10, the modified reference teaches the plant cultivation apparatus of claim 1, and Choi further discloses wherein the seed accommodation pod (100) includes a hole extending downward from a lower end of the seed accommodation groove and having a smaller perimeter than the seed accommodation groove (hole at the bottom of frame 134, see figs 2 and 6).
Regarding claim 12, the modified reference teaches the plant cultivation apparatus of claim 9, and Choi further discloses wherein the seed accommodation pod (100) further includes a cover provided at an upper end of the seed accommodation groove (111, 112, see fig 2).
Regarding claim 13, the modified reference teaches the plant cultivation apparatus of claim 9, and Choi further discloses wherein the seed accommodation pod (100) further includes a filler material filling an inner space of the seed accommodation groove (soil or sponge material, see col 7, lines 51-56).
Regarding claim 14, the modified reference teaches the plant cultivation apparatus of claim 1, and Choi further discloses wherein the container cover includes: a cover plate (221) provided at the open upper end of the container; and an accommodation pod mounting protrusion (221-3) which protrudes downward from a lower surface of the container plate (support 221-3, see fig 6 and col 9, lines 52-55), and wherein an upper end of the seed accommodation pod (see fig 6) is configured to be inserted into an inside of the accommodation pod mounting protrusion (each capsule accommodation part 221-1 may include a hole 221-2, a support 221-3 protruding inward while forming a step downward in the hole 221-2, and a guide receiving part 221-4 formed in the support 221-3, see fig 6 and col 9, lines 52-55).
Regarding claim 15, the modified reference teaches the plant cultivation apparatus of claim 14, and Choi further discloses wherein the container cover includes a cover hole (221-2) formed on an upper surface of the cover plate and formed to communicate with the inside of the accommodation pod mounting protrusion (221-3, see fig 6 and col 9, lines 52-55).
Regarding claim 18, the modified reference teaches the plant cultivation apparatus of claim 1.
The modified reference fails to teach further comprising: another shielding sheet provided above the container cover and including an opening hole formed at a position corresponding to the seed accommodation pod.
Blackburn teaches another shielding sheet (30) provided above the container cover and including an opening hole formed at a position corresponding to the seed accommodation pod (sheet 30 with openings 34, see fig 9 and col 5, lines 55-67 and col 6, 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 system with the shielding sheet of Blackburn with a reasonable expectation of success because this will keep the seed pods and eventual roots from interfering with the watering system and help prevent overwatering.
Regarding claim 19, the modified reference teaches the plant cultivation apparatus of claim 14, and Choi further discloses further comprising: a machine room receiving a compressor and a condenser that perform a refrigeration cycle to control a temperature of the cultivation space (air conditioning module 260 with compressor and condenser, see col 17, lines 57-63 and col 18, lines 6-16).
Regarding claim 20, the modified reference teaches the plant cultivation apparatus of claim 1.
The modified reference fails to teach wherein the cultivation shelf includes: a plurality of seating recesses that are spaced apart and recessed downward, the seed package being seated on one of the seating recesses; wherein the water supply unit is formed on the one of the seating recesses to supply water into the seed package, and wherein a lower surface of the recess of the container accommodates the water supply.
Blackburn teaches wherein the cultivation shelf includes: a plurality of seating recesses that are spaced apart and recessed downward (recessed shelves 36 for seed packages, see fig 2), the seed package being seated on one of the seating recesses (see fig 2); wherein the water supply unit is formed on the one of the seating recesses (see fig 2, water sprayed to seed packaged).
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 cultivation shelf of Blackburn with a reasonable expectation of success because this configuration allows for a plurality of seed pods to be grown on one shelf with one water supply, thereby reducing environmental strain that would be caused by separate systems for each seed pod and providing a more space efficient system.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US-11632914-B2) in view of Cronk (US-8966817-B2) and Blackburn (US-10973186-B2) as applied to claim 1 above, and further in view of Green (US-5212904-A).
Regarding claim 4, the modified reference teaches the plant cultivation apparatus of claim 1.
The modified reference fails to teach wherein the container includes a spacer protruding downward from the bottom surface.
Green teaches wherein the container includes a spacer protruding downward from the bottom surface (spacers/legs at corners, see fig 7).
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 spacer of Green with a reasonable expectation of success because this allows for better airflow underneath and around the planting container.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US-11632914-B2) in view of Cronk (US-8966817-B2) and Blackburn (US-10973186-B2) as applied to claim 9 above, and further in view of Teasdale (US-20120137581-A1).
Regarding claim 11, the modified reference teaches the plant cultivation apparatus of claim 9.
The modified reference fails to teach wherein the seed accommodation groove has a lower end spaced upward from the bottom surface of the container.
Teasdale teaches wherein the seed accommodation groove has a lower end spaced upward from the bottom surface of the container (groove of 51 ends before actual end at 54, see fig 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 system with the groove having an end above the bottom surface of the container of Teasdale with a reasonable expectation of success because this ensures the seed does not fall out of the seed pod.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US-11632914-B2) in view of Cronk (US-8966817-B2) and Blackburn (US-10973186-B2) as applied to claim 1 above, and further in view of Robell (CN-110708952-A).
Regarding claim 16, the modified reference teaches the plant cultivation apparatus of claim 1.
The modified reference fails to teach further comprising: a reflective sheet attached to an upper surface of the container cover and configured to reflect light.
Robell teaches further comprising: a reflective sheet attached to an upper surface of the container cover and configured to reflect light (outer cover has reflection properties, see page 7).
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 reflective sheet on the cover with a reasonable expectation of success because this will ensure the seed package is not overheated due to excess light.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US-11632914-B2) in view of Cronk (US-8966817-B2) and Blackburn (US-10973186-B2) as applied to claim 1 above, and further in view of IM (US-20210068358-A1).
Regarding claim 17, the modified reference teaches the plant cultivation apparatus of claim 1.
The modified reference fails to teach further comprising: a cover sheet which is provided above the container cover and includes an identifier of a type of the seeds.
IM teaches a cover sheet which is provided above the container cover and includes an identifier of a type of the seeds (see fig 4, cultivation cover 123, has seed and plant ID, see para 0038 and 0041-0042).
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 seed identifier on the cover with a reasonable expectation of success because this allows the grower to easily identify which seeds are which and therefore vary and monitor growing conditions accordingly.
Response to Arguments
Applicant's arguments filed 01/14/2026 have been fully considered but they are not persuasive.
Applicant argues that Choi fails to disclose the limitations regarding the shielding member. Choi is not relied upon for those limitations and therefore this argument is irrelevant.
In regards to Applicant’s arguments over Cronk, the Office respectfully disagrees. Applicant recites several of the features of Cronk and broadly states that Cronk fails to teach the newly amended limitations of claim 1 but does not provide specific reasoning.
Applicant’s arguments over Blackburn are similarly lacking in substance.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Applicant’s arguments with respect to the Buist reference have been considered but are moot as this reference was not relied upon in the previous or current rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to 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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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642