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 .
Acknowledgment is made of the amendment filed 12/9/25. Accordingly the application has been amended.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1,12,16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim amendments change the “asymmetric properties” to be “asymmetric dimensions”. The specification provides support for the broad recitation of “asymmetric properties” but does not teach or suggest or reasonably convey to one skilled in the relevant art for “asymmetric dimensions”. The specification states at paragraph 0034 that the threshold temperature values are the same because the dimensions of the first and second wall are identical or substantially identical, which is in contrast to the threshold temperature values different based on asymmetric dimensions. Additionally, the drawing do not show first and second walls as claimed having asymmetric dimensions, instead the drawings shows first and second walls having identical or substantially identical dimensions. Thus the specification does not reasonably convey to one skilled in the relevant art that the inventor had possession of the claimed invention.
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 1-3,5-9,12-16 and all claims depending therefrom 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.
Claims 1,12,16 recite “wherein the first threshold temperature value is different than the second threshold temperature value based on asymmetric dimensions of the first wall and the second wall. The drawings show first and second walls 112,114 having the same dimensions, additionally the specification describes the different threshold temperature values based on asymmetric properties of the wall. It is unclear how the threshold temperature values are dependent on the dimensions of the wall, or how they are different based on asymmetric dimensions of the first and second wall causing confusion regarding the scope of the claimed invention.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the asymmetric dimensions of the first wall and the second wall”, as recited in claims 1,12,16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,2,12,13,16 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Bergeson (20100332034).
Claim 1. Bergeson teaches, A building structure comprising: a first wall (See annotated Fig 3B below) comprising:
a first plurality of sensors (120) configured to output a first temperature reading of the first wall (Para 0067), and
a first insulation unit (235, Para 0072) configured to deploy a first insulation component (100) on the first wall responsive to determining that the first temperature reading (Para 0074) is greater than a first threshold temperature value (where it is capable of the claimed intended use function; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur); and
a second wall opposite the first wall (See annotated Fig 3B) comprising: a second plurality of sensors (120) configured to output a second temperature reading of the second wall (Para 0067), and
a second insulation unit (See annotated Fig 3B below) configured to deploy a second insulation component (100) on the second wall responsive to determining that the second temperature reading value (Para 0067) is greater than a second threshold temperature (where it is capable of the claimed intended use function; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur), independent of deployment of the first insulation component (Paras. 0068, 0072, 0117,0119, 0131), wherein the first threshold temperature value is different than the second threshold temperature value based on asymmetric dimensions of the first wall and the second wall (where there is disclosed at least a summer and winter threshold and wherein each insulation component operates independent of the others as noted above; and where each wall is disposed at a unique position and orientation relative to the exterior environment based on the angles of the walls as seen in the figures, thus the walls are considered to have asymmetric dimensions relative to the sun, see paragraph 0072).
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Claim 2. Bergeson teaches, the building structure of claim 1, wherein the first insulation unit comprises: a motor (165, Para 0039) configured to deploy and retract the first insulation component (100) on the first wall (See annotated Fig 3B above).
Claim 12. Bergeson teaches a method for providing insulation for a building structure, the method comprising:
receiving, from a first plurality of sensors of a first wall of the building structure (120, See Fig 3B above), a first temperature reading of the first wall (Para 0074);
determining to deploy a first insulation component (100) on the first wall responsive to determining (it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04) that the first temperature reading is greater than a first threshold temperature value(Para 0074 and throughout the disclosure);
receiving, from a second plurality of sensors of a second wall of the building structure opposite of the first wall (120, Para 0074, See Fig 3B above), a second temperature reading of the second wall (120, Para 0074, See Fig 3B above); and
determining to deploy a second insulation component on the second wall responsive to determining (it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04) that the second temperature reading is greater than a second threshold temperature value based on asymmetric dimensions of the first wall and the second wall (100, See Fig 3B above, and as noted throughout the disclosure; and where each wall is disposed at a unique position and orientation relative to the exterior environment based on the angles of the walls as seen in the figures, thus the walls are considered to have asymmetric dimensions relative to the sun, see paragraph 0072), independent of deployment of the first insulation component (Para 0068, 0072,0074,0117,0119,0131).
Claim. 13 Bergeson and/or Paul in view of Bergeson teaches the method of claim 12, further comprising: determining a predicted temperature (Bergeson Para 0074) reading of the first wall at a future point in time based on trends from the first plurality of sensors (where it is capable of the claimed function where at least there is a trend for winter and summer as noted in the disclosure), wherein determining to deploy the first insulation component on the first wall is based further on the predicted temperature reading (Bergeson Para 0094).
Claim 16. Bergeson discloses a method for providing insulation for a building structure, the method comprising:
receiving, from a first plurality of sensors of a first wall of the building structure, a first temperature reading of the first wall (120, and as noted throughout the disclosure);
determining to deploy a first insulation component on the first wall responsive to determining that the first temperature reading is less than a first threshold temperature value (Para 0074 and throughout the disclosure; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04);
receiving, from a second plurality of sensors of a second wall of the building structure opposite of the first wall (120, and as noted throughout the disclosure), a second temperature reading of the second wall; and
determining to deploy a second insulation component on the second wall responsive to determining that the second temperature reading is less than a second threshold temperature value based on asymmetric dimensions of the first wall and the second wall (Para 0074 and throughout the disclosure; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04; and where each wall is disposed at a unique position and orientation relative to the exterior environment based on the angles of the walls as seen in the figures, thus the walls are considered to have asymmetric dimensions relative to the sun, see paragraph 0072), independent of deployment of the first insulation component (as noted at least at paragraphs 0068, 0072, 0074, 0117, 0119, 0131),wherein the first threshold temperature value is different than the second threshold temperature value (where it is disclosed to have at least a summer and winter threshold temperature value and where they are operated independently based on asymmetric dimensions of the first wall and the second wall) (at least at Para 0068, 0072, 0117, 0119, 0131; and where each wall is disposed at a unique position and orientation relative to the exterior environment based on the angles of the walls as seen in the figures, thus the walls are considered to have asymmetric dimensions relative to the sun, see paragraph 0072).
.
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, 5, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Paul (US 20250000035 A1) in view of Bergeson (US 20100332034 A1).
Claim 1. Paul teaches, A building structure (See Fig 8) comprising:
a first wall (See Fig 8) comprising:
a sensor (160) configured to output a first temperature reading of the first wall (Para 0043), and
a first insulation unit (1202) configured to deploy (175) a first insulation component (120) on the first wall responsive to determining that the first temperature reading is greater than a first threshold temperature value (Para 0047, See Fig 4D and Figs 5A with 5B; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04));
a second wall opposite a first wall (as seen in figures 9,11) comprising:
a second sensor configured to output a second temperature reading of the second wall, and
a second insulation unit configured to deploy a second insulation component on the second wall responsive to determining that the second temperature reading (Para 0057) is greater than a second threshold temperature value based on asymmetric properties of the first wall and the second wall.
Paul does not teach “a first and second plurality of sensors” and “independent of deployment of the first insulation component, wherein the first threshold temperature value is different than the second threshold temperature value.”
However, Bergeson teaches “a first and second plurality of sensors” (120), deployment responsive to determining a first and/or second temperature reading is greater than a first and second threshold temperature (where there is a summer and winter threshold value; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04), independent of deployment of the first insulation component, wherein the first threshold temperature value is different than the second threshold temperature value based on asymmetric dimensions of the first wall and the second wall (at least at Para 0068, 0072, 0117, 0119, 0131; and where each wall is disposed at a unique position and orientation relative to the exterior environment based on the angles of the walls as seen in the figures, thus the walls are considered to have asymmetric dimensions relative to the sun, see paragraph 0072).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device, system and method of Paul to have a first and second plurality of sensors on a plurality of sides working independently of each other, and to have the different first and second threshold temperature values, as taught by Bergeson, in order to allow only the desired amount of thermal transmission from the sun on various sides of the building, subject to asymmetric properties, such as shade from a tree and depending on the time of day.
Claim 2. Paul in view of Bergeson teaches, the building structure of claim 1, wherein the first insulation unit comprises: a motor (“Biasing mechanism 1203 may be a motor,” Para 0078) configured to deploy and retract the first insulation component on the first wall (See Fig 12).
Claim 3. Paul in view of Bergeson teaches, the building structure of claim 1, wherein the first insulation component comprises: a roll of flexible insulation material (See Fig 5A), wherein the flexible insulation material is unrolled to cover a portion of the first wall when deployed (120, See Fig 5B).
Claim 5. Paul in view of Bergeson teaches, the building structure of claim 1wherein the first insulation unit can be established on-demand and on all surfaces throughout the which the greenhouse will exchange thermal energy with the ambient environment (Para 0057).
Paul in view of Bergeson does not teach wherein the first insulation unit can be re-positioned to deploy the first insulation component on another part of the building structure.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Paul in view of Bergeson to have the first insulation unit repositioned on another part of the building structure (for example a roof or another side wall) to have it deploy on demand to block thermal transmission from the Sun depending on the time of day to maintain optimal temperatures within the agricultural building structure.
Claim 12. Paul teaches a method for providing insulation for a building structure, the method comprising: receiving, from a sensor (160) of a first wall (See Fig 8) of the building structure, a first temperature reading (Para 0043) of the first wall;
determining to deploy (175) a first insulation component (120) on the first wall responsive to determining that the first temperature reading is greater than a first threshold temperature value (Para 0043, See Fig 4D; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04);
Paul further teaches a second sensor of a second wall opposite of the first wall (see figures 9,11) of the building structure, a second temperature reading of the second wall (Para 0057); and determining to deploy a second insulation component on the second wall responsive to determining that the second temperature reading is greater than a second threshold temperature value (Para 0057; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04).
However, Bergeson teaches “a first and second plurality of sensors” (120), deployment responsive to determining a first and/or second temperature reading is greater than a first and second threshold temperature (where there is a summer and winter threshold value; it is noted that this is a recitation of a contingent clause requiring a condition precedent, the prior art device is capable of performing the function should the condition occur, see MPEP 2111.04), independent of deployment of the first insulation component, wherein the first threshold temperature value is different than the second threshold temperature value (at least at Para 0068, 0072, 0117, 0119, 0131) based asymmetric dimensions of the first wall and the second wall (at least at Para 0068, 0072, 0117, 0119, 0131; and where each wall is disposed at a unique position and orientation relative to the exterior environment based on the angles of the walls as seen in the figures, thus the walls are considered to have asymmetric dimensions relative to the sun, see paragraph 0072).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device, system and method of Paul to have a first and second plurality of sensors on a plurality of sides working independently of each other, and to have the different first and second threshold temperature values, as taught by Bergeson, in order to allow only the desired amount of thermal transmission from the sun on various sides of the building depending on the time of day.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Paul (US 20250000035 A1 ) in view of Bergeson (20100332034) and further in view of Ouammi (US 20210400885 A1).
Claim 6. Paul in view of Bergeson disclose the building structure of claim 1, as above, but do not specifically teach wherein the first wall further comprises: a humidity sensor, wherein the first insulation unit is configured to deploy the first insulation component on the first wall based further on a humidity reading output by the humidity sensor.
However, Ouammi discloses wherein the first wall further comprises: a humidity sensor (106, Para 044). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Paul in view of Bergeson to have a humidity sensor wherein the first insulation unit is configured to deploy the first insulation component on the first wall based further on a humidity reading output by the humidity sensor, as taught by Ouammi, in order to create conditions optimal for plant growth interior of the Greenhouse.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Paul (US 20250000035 A1) in view of Bergeson (20100332034) and further in view of Yang Guoli (CN 211774221 U).
Claim 7. Paul in view of Bergeson disclose the building structure of claim 1, as above, but do not teach further comprising: a plurality of water tanks including a first water tank configured to store cold water and a second water tank configured to store warm water.
However, Yang Guoli discloses further comprising: a plurality of water tanks including a first water tank (3) configured to store cold water and a second water tank (4) configured to store warm water.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Paul with Yang Guoli to have the building structure with a cold and hot water tank in order to provide water for crop irrigation.
Claim 8. The building structure of claim 7, further comprising: one or more pumps (15) configured to mix water (10) in the plurality of water tanks.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Paul with Yang Guoli to have a temperature sensor based agricultural building structure with a plurality of water tanks producing ambient temperature water for irrigation purposes.
Claim 9. The building structure of claim 8 further comprising: a solar panel system (1910), wherein the first insulation unit (1930), the second insulation unit (See Para 0057), and the one or more pumps (1940) are powered in part by the solar panel system (See Paul Fig 19).
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Bergeson (US 20100332034 A1) and/or Paul (US 20250000035 A1) in view of Bergeson as applied to claim 12 above, and further in view of Yang Guoli (CN 211774221 U).
Regarding Claim 14, Bergeson and/or Paul in view of Bergeson teaches the method of claim 12. Bergeson and/or Paul in view of Bergeson does not teach further comprising: receiving a third temperature reading at a position of a water tank of the building structure; receiving a fourth temperature reading at a different position of the water tank; determining a difference between the third temperature reading and the fourth temperature reading; and responsive to determining that the difference is greater than a threshold temperature value, mixing water in the water tank.
However, Yang Guoli discloses further comprising: receiving a third temperature (6) reading at a position of a water tank of the building structure (Para 0021); receiving a fourth temperature (9) reading at a different position of the water tank (Para 0021); determining a difference between the third temperature reading and the fourth temperature reading (Para 0021); and responsive to determining that the difference is greater than a threshold temperature value, mixing (15) water in the water tank (Para 0021).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Bergeson and/or Paul in view of Bergeson with Yang Guoli to have a third and fourth temperature readings and determining a difference between the third and fourth temperature reading, and respond to the threshold temperature difference by operating a pump to mix the water in the tank in order to achieve an optimal water temperature that can be used for irrigation.
Claims 15 is rejected under 35 U.S.C. 103 as being unpatentable over Paul (US 20250000035 A1) in view of Bergeson (20100332034) and further in view of Eckel (US 6798341 B1).
Claim 15. Paul teaches the method of claim 12. Paul further teaches receiving an interior temperature reading of building structure (Para 0043). Paul does not teach further comprising: receiving a humidity reading from a humidity sensor inside the building structure and determining to retract the first insulation component on the first wall responsive to: determining that the humidity reading is greater than a threshold humidity value, and determining that the interior temperature reading is greater than a threshold temperature value.
However, Eckel teaches further comprising: receiving a humidity reading from a humidity sensor inside the building structure (Column 2, lines 43-53).
and determining that the interior temperature reading is greater than a threshold temperature value (Column 22, Lines 10-13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Paul to have sensors capable of receiving interior temperature and/or humidity readings and determining the interior temperature and/or humidity reading is greater than a threshold temperature and/or a humidity value, as taught by Eckel, in order to be able to send signals to a control unit in order to create conditions optimal for plant growth interior of the Greenhouse.
Response to Arguments
Applicant's arguments filed 12/9/25 have been fully considered but they are not persuasive. Applicant’s remarks are drawn to the newly amended claim limitations. Namely applicant submits that the prior art does not teach that the first and second threshold temperature values are different based on the asymmetric dimensions of the first and second wall. This is not persuasive as noted in the rejections above. The first and second walls have asymmetric dimensions at least with respect to the dimension angle of the wall orientation relative to the sun.
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 JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635