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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “said first longitudinal track set of said first pair of longitudinal track sets” in lines 25-26 and “said second longitudinal track set of said first pair of longitudinal track sets” in lines 27-28. There is a lack of antecedent basis for these limitations. Examiner recommends revision to “a first longitudinal track set of said first pair of longitudinal track sets” and “a second longitudinal track set of said first pair of longitudinal track sets” respectively. Limitations “said first longitudinal track set of said second pair of longitudinal track sets” in lines 33-34 and “said second longitudinal track set of said second pair of longitudinal track sets” in lines 35-36 are similarly rejected.
Claims 8 and 15 are similarly rejected.
Dependent claims 2-7, 9-14, and 15-20 fail to remedy the deficiencies.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Saba (US 20200100445 A1) in view of Ohara (WO 2013129003 A1) and Fuse et al. (US 20230263116 A1), hereinafter Fuse.
Regarding claim 1, Saba discloses a method for cultivating photoperiodic plants needing a day phase and a night phase, comprising:
providing a day room (illuminated zone 105; fig 2E) with artificial light that is continually on (¶ 0007, lines 4-7, “The illuminated zone is illuminated and the darkened zone is darkened continuously for at least one of a nursery growth stage, a maturation growth stage, and a harvesting growth stage”);
providing a night room (dark zone 103; fig 2E) that is continually dark (¶ 0007, lines 4-7);
providing a control area between said day room and said night room (fig 2E shows control areas between the dark zone 103 and illumination zone 105), said control area including a first light-blocking door (¶ 0062, lines 1-11, “floor plans 200-E and 200-F, respectively, are shown of a cart-system for growing plants in a controlled-environment agriculture system with labyrinth doors for transition between dark zone 103 and illuminated zone 105, according to one or more embodiments. By using a series of lightproof doors for both transition directions [light→dark, and dark→light] that do not allow transition of more than 1% light in one embodiment, or 5% light in another embodiment, a successful transition between the two zones occur, without light contamination of plants in the dark zone 103”);
providing a plurality of elongated plant racks having a first trolley on a first end and a second trolley on a second end (Fig. 2D shows carts 252 are elongated plant racks with each cart having a first and second trolley engaging with side rails 260 on each side of the carts 252), with each plant rack containing some of said photoperiodic plants having an enclosed internal volume (¶ 0006, lines 1-3, “An apparatus, system, and method for agricultural plant-growing, including a conveyor for transporting at least one container housing one or more plants;” ¶ 0027, lines 4-6, “The CEAS 101 comprises i] a mover, e.g., conveyor 104, for transporting at least one container 123 housing one or more plants;” ¶ 0045, lines 1-7, “Table 1.1 provides an exemplary Crop schedule for operation in CEAS 101, with different types of crops including, for example, a tomato vegetable plant at 80% maturity, a tulip flower at 90% maturity, a couple of herbs of rosemary and parsley both at about 85% maturity, a couple of tobacco plants with one at 30% maturity and another at 50% maturity”);
providing a conveyor system (¶ 0062, lines 12-15, “Carts with wheels are pushed, or self-propelled [or conveyors that butt up against each other with a break at a door location] to a transition zone between the first door and the last door”) configured to move said plant racks from said day room, through said control area, into said night room, back through said control area, and into said day room again (¶ 0062, lines 18-27, “As shown in FIG. 2E, the door sequence is Closed-Open-Closed for both transition zones, in order to move a cart into the new zone [from non-illuminated to illuminated and vice versa]. In FIG. 2F, the door sequence is Open-Closed-Open for both transition zones, in order to move a cart within its given zone, and prepare it for the next move to the new zone [from non-illuminated to illuminated and vice versa]. Other routes and embodiments for moving carts through a labyrinth or maze of services are contemplated by the present disclosure”);
maintaining a first group of said plant racks in said day room for said day phase for a period of at least 12 hours, while a second group of said plant racks is maintained in said night room for said night phase (fig 2E shows a group of plant containers maintained in dark zone 103 and another group of plant containers maintained in illumination zone 105; ¶ 0008, lines 7-12, “The duration of time for the complete cycle can change over a growth lifespan of a given plant. The complete cycle is a programmable length of time, greater than or less than a 24-hour day, e.g., a 26-hour light and 10-hour dark cycle, or an 8-hour light and 3-hour dark cycle”); and
using said conveyor system to move said first group of plant racks from said day room to said night room and said second group of said plant racks from said night room to said day room (¶ 0062, lines 18-27);
said conveyor system including, a first track set extending from night room to said day room (¶ 0062, lines 12-27; Fig. 2E shows track extending from night room to day room),
a second track set extending from said day room to said night room (¶ 0062, lines 12-27; Fig. 2E shows track extending from day room to night room),
a first lateral track in said day room connecting first track set to said second track set (¶ 0062, lines 12-27; Fig. 2E shows lateral tracks in day room connecting the first and second track sets that pass between day and night rooms),
a second lateral track in said night room connecting first track set to said second track set (¶ 0062, lines 12-27; Fig. 2E shows lateral tracks in night room connecting the first and second track sets that pass between day and night rooms), and
moving each of said elongated plant racks along said first pair of longitudinal tracks, said first lateral track, said second pair of longitudinal tracks, and said second lateral track, without changing an orientation of each of said elongated plant racks (Figs. 2D-2 shows plant racks share same orientation along transition zones and in day and night rooms, as plant racks move throughout system).
Saba, however, fails to specifically disclose maintaining said day room at a first temperature; maintaining said night room at a second temperature that is at or below said first temperature but above a dew point for said night room, a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set.
Ohara is in the field of plant cultivation and teaches maintaining said day room at a first temperature; maintaining said night room at a second temperature that is below said first temperature (lines 286-288, “Each of the cultivation rooms 41 to 46 is provided with a temperature control outlet 5 for adjusting the temperature inside the room and a humidity control outlet 6 for adjusting the humidity inside the room,” and lines 318-320, “Furthermore, the temperatures in the cultivation rooms 46, 41, and 42 are set lower in sequence, with the temperature in the cultivation room 42 being the lowest, reproducing the environments after sunset, midnight, and before dawn, respectively”).
Therefore, it would have been obvious to one of ordinary skill in the art of cultivation before the effective filing date of the claimed invention to modify the method of Saba to include maintaining said day room at a first temperature; and maintaining said night room at a second temperature that is at or below said first temperature, as taught by the climate adjustment of Ohara. This would allow the user to set the optimum environment for plant growth in each cultivation room, which would improve overall growth characteristics. The modification would have a reasonable expectation of success.
Fuse is also in the field of plant cultivation and teaches maintaining said night room at a temperature that is above a dew point for said night room (¶ 0095; lines 3-12, “The air that is blown out from the air conditioner and the peripheral air are mixed together to cause the temperature of air that is sent into the ducts to become more than or equal to a dew-point temperature outside the ducts. Consequently, it is possible to prevent dew condensation from occurring on the surfaces of the ducts and prevent dew condensation water from dropping onto the plants under cultivation. In addition, since the temperature in the blowing ducts can be caused to be close to the temperature in the cultivation room”), and a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set (Fig. 1 shows two conveying devices 10, one for carrying in and another for carrying out, are two pairs of longitudinal track sets shown in detail in Fig. 3, where each conveying device 10 has a rod 11 with a U-shaped cross section on each side as first and second longitudinal track sets. Fig. 3 further shows that each rod 11 is configured to engage a trolly on each side of a transversely oriented plant rack).
Therefore, it would have been obvious to one of ordinary skill in the art of cultivation before the effective filing date of the claimed invention to modify the method of Saba in view of Ohara to include maintaining said night room at a temperature that is above a dew point for said night room, and a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set, as taught by the climate adjustment and track structure of Fuse. The climate adjustment would allow the user to prevent dew condensation from occurring on the surfaces of the ducts and prevent dew condensation water from dropping onto the plants under cultivation, which would improve overall growth characteristics. The track structure would improve conveyance of the plant rack throughout the system, which would improve the overall function of the method. The modification would have a reasonable expectation of success.
Regarding claim 2, Saba in view of Ohara and Fuse discloses the method of claim 1.
Saba discloses comprising:
providing said control area with a first wall separating said control area from said day room, said first wall having said first light-blocking door (fig 2E shows control areas separating dark and illumination zones 103 and 105, and bounded by walls with light blocking doors; see door A, annotated figure 1);
providing said control area with a second wall separating said control area from said night room, said second wall having a second light-blocking door (fig 2E shows control area with two outer walls, each with light blocking doors; see door B, annotated figure 1);
opening said first light-blocking door only when said second light-blocking door is closed (¶ 0062, lines 1-11); and
opening said second light-blocking door only when said second light-blocking door is closed (¶ 0062, lines 1-11).
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Figure 1. Agriculture System (Saba)
Regarding claim 3, Saba in view of Ohara and Fuse discloses the method of claim 2.
Saba discloses comprising:
providing said second wall with a third light-blocking door (door C, annotated figure 1);
providing said first wall with a fourth light-blocking door (door D, annotated figure 1);
opening said third light-blocking door only when said fourth light-blocking door is closed (¶ 0062, lines 1-11); and
opening said fourth light-blocking door only when said third light-blocking door is closed (¶ 0062, lines 1-11).
Regarding claim 4, Saba in view of Ohara and Fuse discloses the method of claim 3.
Saba discloses comprising:
wherein said conveyor system is provided in a loop extending from said day room, through said first light-blocking door, through said control area, through said second light-blocking door, through said night room, through said third light-blocking door, back through said control area, through said fourth light-blocking door, and back into said day room; and
operating said conveyor system to circulate each of said plant racks around said loop, thereby providing said periodic day phase and night phase for each of said plant racks (figs 2E and 2F show conveyor cycle where plant containers are circulated through dark and illumination zones 103 and 105, as well as transition zones in a continuous loop; ¶ 0062, lines 1-11).
Regarding claim 5, Saba in view of Ohara and Fuse discloses the method of claim 1, and furthermore, the modified reference teaches comprising maintaining said night room temperature below said day room temperature so that a temperature of said plants is above said night room temperature as said plants enter said night room (Ohara; lines 318-320 and lines 329-333, “For example, a cultivation room that recreates a warm climate and a cultivation room that recreates a cold climate may be prepared, and plants may be moved between the two cultivation rooms after a period of several weeks; movement between multiple cultivation rooms that recreate different environments may be carried out at appropriate intervals of time or days”).
Regarding claim 6, Saba in view of Ohara and Fuse discloses the method of claim 1 except for providing a winter configuration wherein said day room is maintained at 15 degrees centigrade and said night room is maintained at 13 degrees centigrade with a relative humidity of 40%. It would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to have provided the day room with a temperature maintained at 15 degrees centigrade and the night room with a temperature maintained at 13 degrees centigrade with a relative humidity of 40% in order to create an optimum environment for plant growth. Additionally, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 7, Saba in view of Ohara and Fuse discloses the method of claim 6 except for providing a winter configuration wherein said day room is maintained at 15 degrees centigrade and said night room is maintained at 13 degrees centigrade with a relative humidity of 40%. It would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to have provided the day room with a temperature maintained at 15 degrees centigrade and the night room with a temperature maintained at 13 degrees centigrade with a relative humidity of 40% in order to create an optimum environment for plant growth. Additionally, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 8, Saba discloses a method for cultivating photoperiodic plants needing a day phase and a night phase (¶ 0045, lines 1-7), comprising:
providing a day room (illuminated zone 105; fig 2E) that is continually light (¶ 0007, lines 4-7);
providing a night room (dark zone 103; fig 2E) that is continually dark (¶ 0007, lines 4-7);
providing a control area between said day room and said night room (fig 2E shows control areas between the dark zone 103 and illumination zone 105), said control area including a first light-blocking door (¶ 0062, lines 1-11);
providing a plurality of plant racks, with each plant rack containing some of said photoperiodic plants (¶ 0006, lines 1-3; ¶ 0045, lines 1-7);
providing a conveyor system (¶ 0062, lines 12-15) configured to move said plant racks from said day room, through said control area, into said night room, back through said control area, and into said day room again (¶ 0062, lines 18-27);
maintaining said plants in said day room for a period of at least 12 hours (¶ 0008, lines 7-12);
using said conveyor system to move said plant racks from said day room to said night room and back again according to a schedule configured to provide said desired day phase and night phase for said plants (¶ 0008, lines 7-12; ¶ 0062, lines 18-27),
said conveyor system including, a first track set extending from night room to said day room (¶ 0062, lines 12-27; Fig. 2E shows track extending from night room to day room),
a second track set extending from said day room to said night room (¶ 0062, lines 12-27; Fig. 2E shows track extending from day room to night room),
a first lateral track in said day room connecting first track set to said second track set (¶ 0062, lines 12-27; Fig. 2E shows lateral tracks in day room connecting the first and second track sets that pass between day and night rooms),
a second lateral track in said night room connecting first track set to said second track set (¶ 0062, lines 12-27; Fig. 2E shows lateral tracks in night room connecting the first and second track sets that pass between day and night rooms), and
moving each of said elongated plant racks along said first pair of longitudinal tracks, said first lateral track, said second pair of longitudinal tracks, and said second lateral track, without changing an orientation of each of said elongated plant racks (Figs. 2D-2 shows plant racks share same orientation along transition zones and in day and night rooms, as plant racks move throughout system).
Saba, however, fails to specifically disclose maintaining said day room at a first temperature; and maintaining said night room at a second temperature that is below said first temperature but above a dew point for said night room, a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set.
Ohara teaches maintaining said day room at a first temperature; and maintaining said night room at a second temperature that is below said first temperature (lines 286-288 and lines 318-320).
Therefore, it would have been obvious to one of ordinary skill in the art of cultivation before the effective filing date of the claimed invention to modify the method of Saba to include maintaining said day room at a first temperature; and maintaining said night room at a second temperature that is below said first temperature, as taught by the climate adjustment of Ohara. This would allow the user to set the optimum environment for plant growth in each cultivation room, which would improve overall growth characteristics. The modification would have a reasonable expectation of success.
Fuse teaches maintaining said night room at a temperature that is above a dew point for said night room (¶ 0095; lines 3-12), and a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set (Fig. 1 shows two conveying devices 10, one for carrying in and another for carrying out, are two pairs of longitudinal track sets shown in detail in Fig. 3, where each conveying device 10 has a rod 11 with a U-shaped cross section on each side as first and second longitudinal track sets. Fig. 3 further shows that each rod 11 is configured to engage a trolly on each side of a transversely oriented plant rack).
Therefore, it would have been obvious to one of ordinary skill in the art of cultivation before the effective filing date of the claimed invention to modify the method of Saba in view of Ohara to include maintaining said night room at a temperature that is above a dew point for said night room, and a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set, as taught by the climate adjustment and track structure of Fuse. The climate adjustment would allow the user to prevent dew condensation from occurring on the surfaces of the ducts and prevent dew condensation water from dropping onto the plants under cultivation, which would improve overall growth characteristics. The track structure would improve conveyance of the plant rack throughout the system, which would improve the overall function of the method. The modification would have a reasonable expectation of success.
Regarding claim 9, Saba discloses the method of claim 8.
Saba discloses comprising:
providing said control area with a first wall separating said control area from said day room, said first wall having said first light-blocking door (fig 2E shows control areas separating dark and illumination zones 103 and 105, and bounded by walls with light blocking doors; see door A, annotated figure 1);
providing said control area with a second wall separating said control area from said night room, said second wall having a second light-blocking door (fig 2E shows control area with two outer walls, each with light blocking doors; see door B, annotated figure 1);
opening said first light-blocking door only when said second light-blocking door is closed (¶ 0062, lines 1-11); and
opening said second light-blocking door only when said second light-blocking door is closed (¶ 0062, lines 1-11).
Regarding claim 10, Saba discloses the method of claim 9.
Saba discloses comprising:
providing said second wall with a third light-blocking door (door C, annotated figure 1);
providing said first wall with a fourth light-blocking door (door D, annotated figure 1);
opening said third light-blocking door only when said fourth light-blocking door is closed (¶ 0062, lines 1-11); and
opening said fourth light-blocking door only when said third light-blocking door is closed (¶ 0062, lines 1-11).
Regarding claim 11, Saba discloses the method of claim 10.
Saba discloses comprising:
wherein said conveyor system is provided in a loop extending from said day room, through said first light-blocking door, through said control area, through said second light-blocking door, through said night room, through said third light-blocking door, back through said control area, through said fourth light-blocking door, and back into said day room; and
operating said conveyor system to circulate each of said plant racks around said loop, thereby providing said periodic day phase and night phase for each of said plant racks (figs 2E and 2F show conveyor cycle where plant containers are circulated through dark and illumination zones 103 and 105, as well as transition zones in a continuous loop; ¶ 0062, lines 1-11).
Regarding claim 12, Saba in view of Ohara and Fuse discloses the method of claim 8, and furthermore, the modified reference teaches maintaining said plants in said day room until said plants assume said first temperature before said plants are moved to said night room (Ohara; lines 318-320 and lines 329-333).
Regarding claim 13, Saba in view of Ohara and Fuse discloses the method of claim 8, except for providing a winter configuration wherein said day room is maintained at 15 degrees centigrade and said night room is maintained at 13 degrees centigrade with a relative humidity of 40%. It would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to have provided the day room with a temperature maintained at 15 degrees centigrade and the night room with a temperature maintained at 13 degrees centigrade with a relative humidity of 40% in order to create an optimum environment for plant growth. Additionally, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 14, Saba in view of Ohara and Fuse discloses the method of claim 13, except for providing a winter configuration wherein said day room is maintained at 15 degrees centigrade and said night room is maintained at 13 degrees centigrade with a relative humidity of 40%. It would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to have provided the day room with a temperature maintained at 15 degrees centigrade and the night room with a temperature maintained at 13 degrees centigrade with a relative humidity of 40% in order to create an optimum environment for plant growth. Additionally, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 15, Saba discloses a method for cultivating photoperiodic plants needing a day phase and a night phase, comprising:
providing a day room (illuminated zone 105; fig 2E) that is continually light (¶ 0007, lines 4-7);
providing a night room (dark zone 103; fig 2E) that is continually dark (¶ 0007, lines 4-7);
providing a control area between said day room and said night room (fig 2E shows control areas between the dark zone 103 and illumination zone 105), said control area including a first light-blocking door (¶ 0062, lines 1-11);
providing a plurality of said photoperiodic plants, said photoperiodic plants having an enclosed internal volume (¶ 0006, lines 1-3; ¶ 0027, lines 4-6);
providing a conveyor system (¶ 0062, lines 12-15) configured to move said plants from said day room, through said control area, into said night room, back through said control area, and into said day room again (¶ 0062, lines 18-27);
using said conveyor system to move said plants from said day room to said night room and back again according to a schedule configured to provide said desired day phase and night phase for said plants (¶ 0008, lines 7-12; ¶ 0062, lines 18-27);
keeping said plants in said day room (¶ 0008, lines 7-12);
said conveyor system including, a first track set extending from night room to said day room (¶ 0062, lines 12-27; Fig. 2E shows track extending from night room to day room),
a second track set extending from said day room to said night room (¶ 0062, lines 12-27; Fig. 2E shows track extending from day room to night room),
a first lateral track in said day room connecting first track set to said second track set (¶ 0062, lines 12-27; Fig. 2E shows lateral tracks in day room connecting the first and second track sets that pass between day and night rooms),
a second lateral track in said night room connecting first track set to said second track set (¶ 0062, lines 12-27; Fig. 2E shows lateral tracks in night room connecting the first and second track sets that pass between day and night rooms), and
moving each of said elongated plant racks along said first pair of longitudinal tracks, said first lateral track, said second pair of longitudinal tracks, and said second lateral track, without changing an orientation of each of said elongated plant racks (Figs. 2D-2 shows plant racks share same orientation along transition zones and in day and night rooms, as plant racks move throughout system).
Saba, however, fails to specifically disclose maintaining said day room at a first temperature; and maintaining said night room at a second temperature that is below said first temperature but above a dew point for said night room; and keeping said plants in said day room until said plants assume said temperature of said day room, a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set.
Ohara teaches maintaining said day room at a first temperature; and maintaining said night room at a second temperature that is below said first temperature (lines 286-288 and lines 318-320); and keeping said plants in said day room until said plants assume said temperature of said day room (lines 329-333).
Therefore, it would have been obvious to one of ordinary skill in the art of cultivation before the effective filing date of the claimed invention to modify the method of Saba to include maintaining said day room at a first temperature; and maintaining said night room at a second temperature that is below said first temperature; and keeping said plants in said day room long enough for said plants to assume said temperature of said day room, as taught by the climate adjustment of Ohara. This would allow the user to set the optimum environment for plant growth in each cultivation room, which would improve overall growth characteristics. The modification would have a reasonable expectation of success.
Fuse teaches maintaining said night room at a temperature that is above a dew point for said night room (¶ 0095; lines 3-12), and a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set (Fig. 1 shows two conveying devices 10, one for carrying in and another for carrying out, are two pairs of longitudinal track sets shown in detail in Fig. 3, where each conveying device 10 has a rod 11 with a U-shaped cross section on each side as first and second longitudinal track sets. Fig. 3 further shows that each rod 11 is configured to engage a trolly on each side of a transversely oriented plant rack).
Therefore, it would have been obvious to one of ordinary skill in the art of cultivation before the effective filing date of the claimed invention to modify the method of Saba in view of Ohara to include maintaining said night room at a temperature that is above a dew point for said night room, and a first pair of longitudinal track sets, said first longitudinal track set of said first pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said first pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks being oriented transversely to said first longitudinal track set, a second pair of longitudinal track sets, said first longitudinal track set of said second pair of longitudinal track sets being positioned to engage said first trolleys on each of said plant racks while said second longitudinal track set of said second pair of longitudinal track sets is positioned to engage said second trolleys on each of said plant racks, with said plant racks being oriented transversely to said second longitudinal track set, as taught by the climate adjustment and track structure of Fuse. The climate adjustment would allow the user to prevent dew condensation from occurring on the surfaces of the ducts and prevent dew condensation water from dropping onto the plants under cultivation, which would improve overall growth characteristics. The track structure would improve conveyance of the plant rack throughout the system, which would improve the overall function of the method. The modification would have a reasonable expectation of success.
Regarding claim 16, Saba discloses the method of claim 15.
Saba discloses comprising:
providing said control area with a first wall separating said control area from said day room, said first wall having said first light-blocking door (fig 2E shows control areas separating dark and illumination zones 103 and 105, and bounded by walls with light blocking doors; see door A, annotated figure 1);
providing said control area with a second wall separating said control area from said night room, said second wall having a second light-blocking door (fig 2E shows control area with two outer walls, each with light blocking doors; see door B, annotated figure 1);
opening said first light-blocking door only when said second light-blocking door is closed (¶ 0062, lines 1-11); and
opening said second light-blocking door only when said second light-blocking door is closed (¶ 0062, lines 1-11).
Regarding claim 17, Saba discloses the method of claim 16.
Saba discloses comprising:
providing said second wall with a third light-blocking door (door C, annotated figure 1);
providing said first wall with a fourth light-blocking door (door D, annotated figure 1);
opening said third light-blocking door only when said fourth light-blocking door is closed (¶ 0062, lines 1-11); and
opening said fourth light-blocking door only when said third light-blocking door is closed (¶ 0062, lines 1-11).
Regarding claim 18, Saba discloses the method of claim 17.
Saba discloses comprising:
wherein said conveyor system is provided in a loop extending from said day room, through said first light-blocking door, through said control area, through said second light-blocking door, through said night room, through said third light-blocking door, back through said control area, through said fourth light-blocking door, and back into said day room; and
operating said conveyor system to circulate each of said plant racks around said loop, thereby providing said periodic day phase and night phase for each of said plant racks (figs 2E and 2F show conveyor cycle where plant containers are circulated through dark and illumination zones 103 and 105, as well as transition zones in a continuous loop; ¶ 0062, lines 1-11).
Regarding claim 19, Saba in view of Ohara and Fuse discloses the method of claim 15, and furthermore, the modified reference teaches maintaining said plants in said day room until said plants assume said first temperature before said plants are moved to said night room (Ohara; lines 318-320 and lines 329-333).
Regarding claim 20, Saba in view of Ohara and Fuse discloses the method of claim 15, except for providing a winter configuration wherein said day room is maintained at 15 degrees centigrade and said night room is maintained at 13 degrees centigrade with a relative humidity of 40%. It would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to have provided the day room with a temperature maintained at 15 degrees centigrade and the night room with a temperature maintained at 13 degrees centigrade with a relative humidity of 40% in order to create an optimum environment for plant growth. Additionally, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Response to Arguments
Applicant’s arguments filed on 11/10/2025 have been considered but they are not persuasive.
Regarding the argument set forth on page 9 that “The first concern is that the unmoderated air-conditioned air - if fed directly into the blower ducts 23,24 - would cause the formation of condensation on the exterior of the blower ducts 23,24. This condensation would then drip down on the plants being cultivated. Fuse at 0095. The mixing of air conditioned and peripheral air is set so that the temperature of the blowing air in the blower ducts 23,24 is at or above the dew point of the air outside the ducts (the peripheral air). Fuse at ¶ 0095 The second concern is that feeding unmoderated air-conditioned air directly on the plants would promote condensation on the plants themselves. Fuse at ¶ 0095. Feeding in the peripheral air raises the temperature of the ‘wind’ that is blown on the plants and brings it closer to the peripheral air temperature in the room,” the Examiner maintains the claims recite maintaining said night room at a temperature that is above a dew point, which is taught by Fuse, specifically in ¶ 0095, where it is detailed that “air that is blown out from the air conditioner and the peripheral air are mixed together to cause the temperature of air that is sent into the ducts to become more than or equal to a dew-point temperature outside the ducts.” Furthermore, there is no evidence that the climate adjustment of Fuse teaches away from the present invention, and there is no evidence of a cooling effect producing condensation in the relied upon portion of Fuse, as ¶ 0095 explicitly states that the climate adjustment of Fuse achieves the opposite to “prevent dew condensation from occurring on the surfaces of the ducts and prevent dew condensation water from dropping onto the plants under cultivation.” Therefore, Fuse teaches the claimed climate adjustment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Girardin et al., US 20210195858 A1, discusses a hydroponic apparatus.
Van Staalduinen, US 20230371444 A1, discusses a method and system of growing plants in a confined space.
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