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 .
The status identifier of claims 11 & 18 stated “currently amended”; however, the limitations in these claims have not been amended. Thus, the status should be “original”.
Claim Objections
Claim 22 is objected to because of the following informalities: line 4, “configured forces” should be changed to ---forces---. Appropriate correction is required.
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.
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 2-10,12,14,15,19-26,28-31 are rejected under 35 U.S.C. 103 as being unpatentable over Hong (KR 101531385 B1) in view of Emoto (KR 20090125824 A). Note that since claim 26 is the only independent claim, it will be discussed first.
For claim 26, Hong teaches a horticulture system, comprising:
a first growing rack (400) comprising:
at least one supply plenum (20,21);
at least one input diffusion assembly (12,15,16) comprising a supply passageway (11) in fluid communication with the at least one supply plenum, the at least one input diffusion assembly directing a supply airflow (as shown in fig. 6 with arrows) flowing through the supply passageway from the at least one supply plenum downwardly from an underside of the at least one input diffusion assembly (the input diffusion assembly directs airflow downwardly and upwardly, downwardly to the light 60 and into the chamber area 120, and upwardly by ref. 53 to the chamber 120);
at least one plant support tray (40,50) positioned below the at least one input diffusion assembly that forms at least one environmental cultivation chamber (120) therebetween (for example, fig. 6, tray 40 can be placed in chamber 120 and the input diffusion assembly above tray 40 will provide airflow to the tray 40 because airflow goes through ref. 15 into the chamber to cool the light 60 and the tray/container 40), the at least one plant support tray comprising a plant support platform (50,53) receiving a cultivation airflow flowing from the underside of the at least one input diffusion assembly positioned thereabove (while fig. 4 shows platform 50 receiving airflow upward from the input diffusion assembly, it is also configured to receive airflow through holes 15; for example, in fig. 6, vessel 40 is placed on platform 50 in area 120, airflow will come from ref. 15 top and from ref. 53 bottom; also, the limitation is functional recitation to which platform 50 has holes 53 that can receive air flowing from top or bottom) and through the at least one environmental cultivation chamber past at least one plant positioned on a support side of the plant support platform; and
a plurality of structural support legs (any two or more of ref. 20) extending upwardly from a bottom side of the first growing rack that physically support and position the at least one input diffusion assembly and the at least one plant support tray in a vertically stacked arrangement (fig. 6; also, figs. 1,8),
wherein at least one support leg of the plurality of support legs is configured as the at least one supply plenum (for example, fig. 6, the leg 20 on the left side functions as leg and supply plenum), and the at least one supply plenum directs a flow of the supply airflow upwardly from the bottom side of the first growing rack to the supply passageway of the at least one input diffusion (fig. 6, air flow from plenum 20 will enter through passage 11 and then upward and downward through refs.50,53 and into the cultivating chamber 120).
However, Hong is silent about at least one return plenum; and an internal passageway directing the received cultivation airflow as a return airflow from the plant support platform to the at least one return plenum; wherein at least one support leg of the plurality of support legs is configured as the at least one return plenum, and the at least one return plenum directs a flow of the return airflow from the internal passageway of the at least one plant support tray downwardly from the at least one plant support tray to the bottom side of the first growing rack; wherein, during a plant growing operation, the at least one supply plenum, the at least one input diffusion assembly and the at least one environmental cultivation chamber are maintained under positive pressure, and the at least one return plenum and the at least one plant support tray are maintained under negative pressure, which form the cultivation airflow flowing through the at least one environmental cultivation chamber past at least one plant positioned on the support side of the plant support platform and into the at least one plant support tray.
Emoto teaches in the same field of endeavor of a horticulture system comprising
at least one return plenum (figs. 2,10 show one of the leg 31 functioning as a return plenum with airflow A1); an internal passageway (passage of ref. 31a airflow) fluidically coupled with the at least one return plenum configured to direct the airflow received by the plant support platform (32,332,3321,3322, etc. as shown in fig. 2) as a return airflow to the at least one return plenum; and wherein at least one support leg (31 as shown in fig. 2 with airflow return A1) of the plurality of support legs is configured as the at least one return plenum such that it forms an inner cavity configured to direct a flow of the return airflow downwardly from the at least one plant support tray to the bottom side of the first growing rack (Emoto teaches direction of airflow can be switched upwardly as shown or downwardly as stated in the translation as: “By adjusting the fan in this duct L11, the suction speed can be changed suitably. In the present embodiment, the air in and out of the air flow direction switching unit (not shown) rotates the fan and the fan of the duct L13, which will be described later, to return the air in the circulation system L1 to the air-port 31a. It can be set as the "air blowing state" blown into the cover 332 from the…”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have at least one of the support leg of Hong be configured to be at least one return plenum with an internal passageway as taught by Emoto fluidically coupled with the at least one return plenum configured to direct the airflow received by the plant support platform as a return airflow to the at least one return plenum; and wherein at least one support leg of the plurality of support legs is configured as the at least one return plenum, and the at least one return plenum directs a flow of the return airflow from the internal passageway of the at least one plant support tray downwardly from the at least one plant support tray to the bottom side of the first growing rack as taught by Emoto in order to provide a return plenum for recirculating the air so as to save cost and recycle for improving the environment.
The combination of Hong as modified by Emoto would result in wherein, during a plant growing operation, the at least one supply plenum, the at least one input diffusion assembly and the at least one environmental cultivation chamber are maintained under positive pressure (from the air source coming from at refs. 210,91 of Hong), and the at least one return plenum and the at least one plant support tray are maintained under negative pressure (as modified with Emoto’s return plenum which draws air from the shelf unit per the translation: “Further, each of the plant facing walls 3321 and the cover sidewalls 3322 may be effectively sucked or drawn out from the air vents 332x into the cover 332 to exhaust or intake air from the air holes 31a.”), which form the cultivation airflow flowing through the at least one environmental cultivation chamber past at least one plant positioned on the support side of the plant support platform and into the at least one plant support tray. NOTE: applicant stated in para. 0117 of his pgpub that negative pressure is from the air condition system drawing air for return airflow, which is what Emoto teaches.
For claim 2, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein at least two support legs (20 of Hong) of the plurality of support legs are configured as supply plenums that form inner cavities (the cavities are the passages 21) and direct flows of the supply airflow upwardly from the bottom side of the first growing rack to the supply passageway of the at least one input diffusion assembly (Hong teaches a plurality of legs 20 and a plurality of racks 400, that direct flows as shown in fig. 6 in the arrows), and wherein at least two support legs of the plurality of support legs that differ from the at least two support legs that are configured as supply plenums are configured as return plenums (Hong teaches a plurality of legs 20 and as modified with Emoto, some of these legs will be configured as return plenums) that form inner cavities and direct flows of the return airflow from the internal passageway of the at least one plant support tray downwardly from the at least one plant support tray to the bottom side of the first growing rack (as combined with Emoto’s return plenum support legs, the legs 20 in Hong that function as return plenums as modified with Emoto will be different from the supply plenums legs 20 in Hong).
For claim 3, Hong as modified by Emoto teaches the system according to claim 2, and further teaches wherein a first supply plenum is positioned proximate to a first end and a first face of the first growing rack (figs. 1,6,8, the supply plenum is configured as the legs 20 of Hong, thus, as shown, the first supply plenum is positioned proximate to a first end and a first face of the first growing rack), and a second supply plenum is positioned proximate to a second end of the first growing rack that opposes the first end and the first face (likewise, the other end of the rack is another leg 20 which has an inner cavity that can be configured as a second supply plenum), and wherein the at least one input diffusion assembly extends between the first and second supply plenums in a first direction that extends between the first and second ends of the first growing rack (as shown in figs. 1,6,8), and wherein a first return plenum is positioned proximate to the first end and a second face of the first growing rack that opposes the first face (as modified with Emoto, see fig. 10 with return plenum in support legs 31), and a second return plenum is positioned proximate to the second end and the second face (as modified with Emoto, see fig. 10 with return plenum in support legs 31), wherein the at least one plant support tray extends between the first and second return plenums in the first direction (the plant support tray in Hong is in between the legs which are where the first and second return plenums are located).
For claim 4, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the at least one plant support tray is physically supported by the at least one supply plenum and not directly fluidically coupled thereto such that the supply airflow is not directed to the at least one plant support tray (fig. 6 of Hong, the tray 40,50 that is placed in the top where ref. 50 is located or the middle area where ref. 53 is located is supported by the bottom plenum but not directly fluidly coupled to it and the supply airflow is not directed to the at least one plant support tray).
For claim 5, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the at least one supply plenum comprises at least one rigid duct (11,15,50 of Hong are rigid duct; see also fig. 3 of Hong).
For claim 6, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the at least one return plenum comprises at least one rigid duct (as relied on with Emoto, Emoto shows in fig. 10 that the return plenum 31 is rigid duct).
For claim 7, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the at least one return plenum extends upwardly from the bottom side of the first growing rack and to the at least one input diffusion assembly (as relied on with Emoto, Emoto’s return plenum as shown in fig. 10 extends upwardly as claimed).
For claim 8, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein each of the plurality of structural support legs are configured as a supply plenum or as a return plenum (both Hong and Emoto teach the legs being plenum for air flow).
For claim 9, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the first growing rack further comprises a plurality of panels that collectively extend about a periphery of the at least one environmental cultivation chamber and substantially enclose the at least one environmental cultivation chamber (figs. 6,8 of Hong show ref. 20 on the left being larger than the typical leg 20, thus, the outside of ref. 20 can be the panel that is on the periphery of the chamber and substantially encloses the chamber; also, one can considered refs. 13,14,16, as shown in fig. 3 of Hong as panels that extend about the lower periphery of the chamber to substantially enclose the chamber).
For claim 10, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the supply passageway (11 of Hong) directs the supply airflow from the at least one supply plenum along a width and length of the at least one input diffusion (as shown in figs. 1,6,8 of Hong, the diffusion assembly spans across the rack), wherein the supply passageway extends along a pathway that extends about an internal supply cavity such that an inner side wall of the supply passageway defines an outer border of the internal supply cavity (as shown in figs. 1,6,8 of Hong, the diffusion assembly with the passageway span across the rack), and wherein the internal supply cavity is in fluid communication with the supply passageway and receives the supply airflow via a plurality of through holes (15) in the inner side wall of the supply passageway that are spaced along the outer border.
For claim 12, Hong as modified by Emoto teaches the system according to claim 10, and further teaches wherein the at least one input diffusion assembly further comprises at least one diffusion plate (either 12 or 50 of Hong) with a plurality of input apertures (apertures 15 for 12, apertures 53 for 50 of Hong) in fluid communication with the internal supply cavity, the at least one diffusion plate directing the supply airflow flowing into the internal supply cavity from the supply passageway downwardly toward the at least one plant support tray as the cultivation airflow.
For claim 14, Hong as modified by Emoto teaches the system according to claim 26, wherein the plant support platform (50,53 of Hong) comprises a plurality of first return apertures (ref. 53 of Hong are apertures that can function as air supply and air return apertures and as modified with Emoto, some apertures can function as return apertures) extending therethrough in fluid communication with the internal passageway, and wherein the cultivation airflow flowing through the at least one environmental cultivation chamber past at least one plant positioned on the support side of the plant support platform flows through the first return apertures and into the internal passageway as the return airflow (as taught by Emoto and would result in the same when modified into Hong’s system for return airflow).
For claim 15, Hong as modified by Emoto teaches the system according to claim 14, but is silent about wherein the internal passageway extends along a pathway that extends about an internal return cavity such that an inner side wall of the internal passageway defines an outer border of the internal return cavity, wherein the internal return cavity is in fluid communication with the plurality of first return apertures and is in fluid communication with the internal passageway via a plurality of through holes in the inner side wall of the internal passageway that are spaced along the outer border.
In addition to the above, Emoto teaches wherein the internal passageway extends along a pathway that extends about an internal return cavity such that an inner side wall of the internal passageway defines an outer border of the internal return cavity (fig. 2), wherein the internal return cavity is in fluid communication with the plurality of first return apertures and is in fluid communication with the internal passageway via a plurality of through holes (labeled at 31a) in the inner side wall of the internal passageway that are spaced along the outer border. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have at least one plant support tray assembly further comprises a internal passageway configured to direct the flow of the return airflow flowing through the plant support platform through the internal passageway and to the at least one return plenum, wherein the internal passageway extends along a pathway that extends about an internal return cavity such that an inner side wall of the internal passageway defines an outer border of the internal return cavity, wherein the internal return cavity is in fluid communication with the plurality of first return apertures and is in fluid communication with the internal passageway via a plurality of through holes in the inner side wall of the internal passageway that are spaced along the outer border as taught by Emoto in the system of Hong as modified by Emoto in order to provide pathway and elements for returning the air for recycling, which are standard in recirculation or recycling in that there has to be a pathway and openings or apertures for guiding the airflow out for recycling and recirculation.
For claim 19, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the first growing rack is free standing via the plurality of structural support legs (as shown in figs. 1,6,8 of Hong).
For claim 20, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the first growing rack further comprises at least one lighting device (60 of Hong) positioned within the at least one environmental cultivation chamber.
For claim 21, Hong as modified by Emoto teaches the system according to claim 26, and further teaches wherein the at least one input diffusion assembly comprises a first input diffusion assembly (figs. 1,6,8 of Hong show multiple input diffusion assemblies 11,12,50, thus, any one of input diffusion assemblies can be first, second, third, etc.); and a second input diffusion assembly (figs. 1,6,8 of Hong show multiple input diffusion assemblies 11,12,50, thus, any one of input diffusion assemblies can be first, second, third, etc.) positioned below the first input diffusion assembly; and the at least one plant support tray comprises a first plant support tray (40 per fig. 4 of Hong) positioned above the second input diffusion assembly, and positioned below the first input diffusion assembly to form a first environmental cultivation chamber therebetween, wherein the first growing rack directs the cultivation airflow through the first environmental cultivation chamber from the first input diffusion assembly to the first plant support tray past at least one plant positioned on a support side of the first plant support tray and into the at least one return plenum via the internal passageway as a portion of the return airflow (return airflow as relied on with Emoto); and a second plant support tray (40 per fig. 4 of Hong) positioned below the second input diffusion assembly to form a second environmental cultivation chamber therebetween, wherein the first growing rack directs the cultivation airflow through the second environmental cultivation chamber from the second input diffusion assembly to the second plant support tray past at least one plant positioned on a support side of the second plant support tray and into the at least one return plenum via the internal passageway as a portion of the return airflow (the assemblies as shown in figs. 1,6,8 of Hong and the return plenum as relied on with Emoto).
For claim 22, Hong as modified by Emoto teaches the system according to claim 26, and further teaches an air conditioning system (230,220 of Hong) fluidically coupled to the at least one supply plenum via at least one supply base plenum (see figs. 5,7,9 of Hong for air supply configuration with base plenum, AC unit, etc.) and fluidically coupled to the at least one return plenum via at least one return base plenum (implied in the combination with Emoto to have a return plenum and return base plenum so as to accommodate recirculation), the air conditioning system configured forces the supply airflow through the at least one supply base plenum and the at least one supply plenum and into the at least one environmental cultivation chamber to form the positive pressure (such is the function of an AC system), and draw the return airflow through the at least one return base plenum and the at least one return plenum to form the negative pressure (as stated in Emoto for suction of the return airflow).
For claim 23, Hong as modified by Emoto teaches the system according to claim 22, teaches the locations of the supply plenums and AC system, which appear to be on the side and the top area. However, Hong as modified by Emoto is silent about wherein the least one supply base plenum and the at least one return base plenum extend beneath the first growing rack and are fluidically coupled to the at least one supply plenum and the least one return plenum, respectively, via open bottom ends of the at least one supply plenum and the least one return plenum. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the least one supply base plenum and the at least one return base plenum extend beneath the first growing rack and are fluidically coupled to the at least one supply plenum and the least one return plenum, respectively, via open bottom ends of the at least one supply plenum and the least one return plenum in the system of Hong as modified by Emoto, depending on the space availability of the facility where the system is utilized, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
For claim 24, Hong as modified by Emoto teaches the system according to claim 22, and further teaches a second growing rack (figs. 5,7,9 of Hong shows multiple racks 400 can be used together), the second growing rack comprising:
at least one second supply plenum (20,21 of Hong);
at least one second return plenum (20,21 of Hong as modified with Emoto as return plenum);
at least one second input diffusion assembly (same layout as the first input diffusion assembly described above for the second rack, for the racks are the same) comprising a second supply passageway (11 of Hong) in fluid communication with the at least one second supply plenum, the at least one second input diffusion assembly directing a supply airflow flowing through the second supply passageway from at least one second supply plenum downwardly from an underside of the at least one second input diffusion assembly;
at least one second plant support tray (same layout as the first support tray described above for the second rack, for the racks are the same) positioned below the at least one second input diffusion assembly forming at least one second environmental cultivation chamber therebetween, the at least one second plant support tray comprising a second plant support platform (same layout as the first plant support platform described above for the second rack, for the racks are the same) receiving a cultivation airflow flowing from the underside of the at least one second input diffusion assembly positioned thereabove and through the at least one second environmental cultivation chamber past at least one plant positioned on a support side of the second plant support platform, and a second an internal passageway (same layout as the first internal passageway described above for the second rack, for the racks are the same) directing the received cultivation airflow as a return airflow from the second plant support platform to the at least one second return plenum; and
a plurality of second structural support legs (same layout as the first support legs described above for the second rack, for the racks are the same) extending upwardly from a bottom side of the second growing rack that physically support and position the at least one second input diffusion assembly and the at least one second plant support tray in a vertically stacked arrangement,
wherein at least one second support leg of the plurality of second support legs is configured as the at least one second supply plenum, and the at least one second supply plenum directs a flow of the supply airflow upwardly from the bottom side of the second growing rack to the second supply passageway of the at least one second input diffusion assembly (all parts or limitations are the same for the first, second, third, etc. racks, for all racks are identical in Hong’s teaching, and same for Emoto’s teaching),
wherein at least one second support leg of the plurality of second support legs is configured as the at least one second return plenum and the at least one second return plenum directs a flow of the return airflow from the second internal passageway of the at least one second plant support tray downwardly from the at least one second plant support tray to the bottom side of the second growing rack (all parts or limitations are the same for the first, second, third, etc. racks, for all racks are identical in Hong’s teaching, and same for Emoto’s teaching),
wherein the at least one second supply plenum and the at least one second return plenum are fluidically coupled to the at least one supply plenum and the least one return plenum, respectively, such that, during a plant growing operation, the air conditioning system maintains the at least one second supply plenum, the at least one second input diffusion assembly and the at least one second environmental cultivation chamber under positive pressure, and maintains the at least one second return plenum and the at least one second plant support tray under negative pressure, to form the cultivation airflow flowing through the at least one second environmental cultivation chamber past at least one plant positioned on the support side of the second plant support platform and into the at least one second plant support tray (all parts or limitations are the same for the first, second, third, etc. racks, for all racks are identical in Hong’s teaching, and same for Emoto’s teaching).
For claim 25, Hong as modified by Emoto teaches the system according to claim 24, teaches the locations of the supply plenums and AC system, which appear to be on the side and the top area. However, Hong as modified by Emoto is silent about wherein the least one supply base plenum and the at least one return base plenum extend beneath the second growing rack and are fluidically coupled to the at least one second supply plenum and the least one second return plenum, respectively, via open bottom ends of the at least one second supply plenum and the least one second return plenum.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have wherein the least one supply base plenum and the at least one return base plenum extend beneath the second growing rack and are fluidically coupled to the at least one second supply plenum and the least one second return plenum, respectively, via open bottom ends of the at least one second supply plenum and the least one second return plenum in the system of Hong as modified by Emoto, depending on the space availability of the facility where the system is utilized, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
For claim 28, Hong as modified by Emoto teaches the system according to claim 26, further teaches wherein the at least one supply plenum directs the flow of the supply airflow upwardly from the bottom side of the first growing rack and only to the at least one input diffusion assembly (fig. 6 of Hong, the airflow in Hong comes from the supply plenum 20,21 and only to the diffusion assembly by way of passage 11).
For claim 29, Hong as modified by Emoto teaches the system according to claim 26, further teaches wherein the at least one supply plenum directs the flow of the supply airflow to the at least one input diffusion assembly and not to the at least one plant support tray (fig. 6 of Hong, the airflow in Hong comes from the supply plenum 20,21 and only to the diffusion assembly by way of passage 11).
For claim 30, Hong as modified by Emoto teaches the system according to claim 26, but is silent about wherein the at least one return plenum directs the flow of the supply airflow only from the at least one plant support tray. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the configuration of the at least one return plenum of Hong as modified by Emoto with having the configuration wherein the at least one return plenum directs the flow of the supply airflow only from the at least one plant support tray, since a simple substitution of one known equivalent element for another would obtain predictable results (both configurations of the at least one return plenum would result in collecting the airflow of the system for recycling or reuse). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 31, Hong as modified by Emoto teaches the system according to claim 26, but is silent about wherein the at least one return plenum directs the flow of the supply airflow from the at least one plant support tray and not from the at least one input diffusion assembly. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the configuration of the at least one return plenum of Hong as modified by Emoto with having the configuration wherein the at least one return plenum directs the flow of the supply airflow from the at least one plant support tray and not from the at least one input diffusion assembly, since a simple substitution of one known equivalent element for another would obtain predictable results (both configurations of the at least one return plenum would result in collecting the airflow of the system for recycling or reuse). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Claims 11,16 are rejected under 35 U.S.C. 103 as being unpatentable over Hong as modified by Emoto as applied to claims 1,10 above, and further in view of Son et al. (KR 100858993 B1).
For claim 11, Hong as modified by Emoto teaches the system according to claim 10, but is silent about wherein filters are positioned within the plurality of through holes of the supply passageway.
Son et al. teach in the same field of endeavor of a horticultural system comprising filters (40,50) are positioned within the plurality of through holes of the supply passageway (fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ filters are positioned within the plurality of through holes of the supply passageway as taught by Son et al. in the system of Hong as modified by Emoto in order to filter out unwanted matters in the airflow.
For claim 16, Hong as modified by Emoto teaches the system according to claim 15, but is silent about wherein filters are positioned within the plurality of through holes of the internal passageway.
Son et al. teach in the same field of endeavor of a horticultural system comprising filters (40,50) are positioned within the plurality of through holes of the supply passageway (fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ filters are positioned within the plurality of through holes of the internal passageway as taught by Son et al. in the system of Hong as modified by Emoto in order to filter out unwanted matters in the airflow.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hong as modified by Emoto as applied to claims 1,10,12 above, and further in view of Bogner et al. (US 20190059242 A1 as cited on form PTO-1449).
For claim 13, Hong as modified by Emoto teaches the system according to claim 12, and further teaches wherein the at least one diffusion plate comprises a first diffusion plate (can be either 12 or 50 in Hong) with a plurality of first input apertures (can be either 15 or 53 in Hong) and a second diffusion plate (can be either 12 or 50 in Hong) with a plurality of second input apertures (can be either 15 or 53 in Hong) at least partially overlapping the first input apertures (fig. 3 of Hong shows the plates 12,50 and it appears that they are not aligned, thus, at least some of the apertures from one plate would partially overlap the other apertures when view either from the top view or bottom view). In the event that applicant disagrees with the examiner’s interpretation of fig. 3 of Hong showing partial overlapping of the apertures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the configuration of the apertures of Hong as modified by Emoto with partially overlapping apertures, since a simple substitution of one known equivalent element for another would obtain predictable results (both configurations of apertures layout would result in allowing air flow). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Hong as modified by Emoto is silent about the first and second diffusion plates being movably coupled together such that the degree of overlap between the first and second input apertures is adjustable to adjust the velocity of the cultivation airflow flowing from the underside of the at least one input diffusion assembly.
Bogner et al. teach in the same field of endeavor of horticulture system comprising adjusting the velocity of air movement by having the diffusion plates 117 be variable in volume, height and velocity (para. ,0058,0060) with a controller. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the concept of adjusting the diffusion plates for control of airflow velocity as taught by Bogner et al. for the diffusion plates of Hong as modified by Emoto to adjust the velocity of the cultivation airflow flowing from the underside of the at least one input diffusion assembly in order to control the airflow velocity.
Claims 17,18 are rejected under 35 U.S.C. 103 as being unpatentable over Hong as modified by Emoto as applied to claim 1 above, and further in view of Zimmerman (US 20190313588 A1 as cited on form PTO-1449).
For claim 17, Hong as modified by Emoto teaches the system according to claim 26, but is silent about wherein a length of a portion of the at least one supply plenum positioned between a supply airflow input to the at least one input diffusion assembly and the at least one plant support tray is adjustable such that a height of the at least one environmental cultivation chamber is adjustable.
Zimmerman teaches in the same field of endeavor of horticulture system comprising a length of a portion of the at least one supply plenum (62) positioned between a supply airflow input to the at least one input diffusion assembly (42) and the at least one plant support tray (22) is adjustable such that a height of the at least one environmental cultivation chamber is adjustable (para. 0046). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a length of a portion of the at least one supply plenum positioned between a supply airflow input to the at least one input diffusion assembly and the at least one plant support tray of Hong as modified by Emoto be made adjustable such that a height of the at least one environmental cultivation chamber is adjustable as taught by Zimmerman in order to accommodate to the size of the plants (as stated in para. 0046 of Zimmerman).
For claim 18, Hong as modified by Emoto and Zimmerman teaches the system according to claim 17, and further teaches wherein the length adjustable portion of the at least one supply plenum comprises a first adjustable plenum portion and a second adjustable plenum portion being telescopingly arranged (as relied on with Zimmerman per para. 0046 stating supply plenums being telescopically adjustable).
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive. Applicant argued the following:
However, the Applicant submits that even if one of the vertical frames/legs 20 of Hong were modified to include the air holes 31a and plenum configuration of shelf column 31 of Emoto (purportedly the claimed internal passageway of the at least one plant support tray, and the claimed at least on return plenum, respectively), during a plant growing operation the vertical frames 20, 21 (purportedly the claimed at least one input plenum and support leg), the bottom plate 12 and the bottom plate air holes 15 (purportedly the claimed at least one input diffusion assembly), and the cultivation chambers of Hong would not be under positive pressure while the modified vertical "return plenum" frames/legs 20 and air holes therein were under negative pressure, to form a cultivation airflow flowing through the environmental cultivation chamber past at least one plant positioned on the support side of the plant support platform and into the at least one plant support tray, as claimed.
The examiner did not indicate shelf 32 and air holes 31a of Emoto to incorporate into the frame 10 of Hong. As stated in the above rejection, Hong does not indicate that the legs 20 can be configured as a return plenum for the airflow, thus, Emoto is relied on for this teaching and combined with Hong, for such a teaching is known in the art to recycle or re-guide airflow from the chamber as desired. Thus, the concept is nothing new in the art as clearly taught in Emoto.
In addition, as explained in the above, Hong’s leg 20 is hollow and he did state in the translation that these legs 20 can be use as air plenum, be it supply or return, because the legs are hollow and can perform either function of supply or return. Based on the claimed limitation, at least one or more of the legs in Hong can be configured to be considered as a return plenum with teaching from Emoto. Applicant’s detailed argument on page 14 of the remarks is mooted because Emoto was not relied on for all these features as argued by applicant. The simple fact is that Emoto is relied on for return plenum with internal passageway, which a plenum has anyhow, so that airflow can be redirected to return or recycle or recirculated, etc. as desired. The examiner is not relying on Emoto’s shelf part 32, bottom cover 332, vent holes 332X, etc. as argued by applicant because the rejection above relies on Emoto for (emphasis on the underlined): It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have at least one of the support leg of Hong be configured to be at least one return plenum with an internal passageway as taught by Emoto fluidically coupled with the at least one return plenum configured to direct the airflow received by the plant support platform as a return airflow to the at least one return plenum; and wherein at least one support leg of the plurality of support legs is configured as the at least one return plenum, and the at least one return plenum directs a flow of the return airflow from the internal passageway of the at least one plant support tray downwardly from the at least one plant support tray to the bottom side of the first growing rack as taught by Emoto in order to provide a return plenum for recirculating the air so as to save cost and recycle for improving the environment.
Furthermore, applicant stated in para. 0117 of his pgpub that negative pressure is from the air condition system drawing air for return airflow, which is what Emoto teaches. Thus, the combination of Hong as modified by Emoto would result in wherein, during a plant growing operation, the at least one supply plenum, the at least one input diffusion assembly and the at least one environmental cultivation chamber are maintained under positive pressure (from the air source coming from at refs. 210,91 of Hong), and the at least one return plenum and the at least one plant support tray are maintained under negative pressure (as modified with Emoto’s return plenum which draws air from the shelf unit per the translation: “Further, each of the plant facing walls 3321 and the cover sidewalls 3322 may be effectively sucked or drawn out from the air vents 332x into the cover 332 to exhaust or intake air from the air holes 31a.”), which form the cultivation airflow flowing through the at least one environmental cultivation chamber past at least one plant positioned on the support side of the plant support platform and into the at least one plant support tray.
All other examiner’s responses to applicant’s arguments in the previous Office action remain the same and reiterated herein.
Conclusion
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/Son T Nguyen/ Primary Examiner, Art Unit 3643