DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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 1,3-8,11 are rejected under 35 U.S.C. 103 as being unpatentable over Shiga (JP 2019180353 A) in view of Hanada (JP 2014212701 A), Simmons (US 20110061297 A1), Martchek (US 20240155986 A1), and Atwal et al. (US 20210176932 A1).
For claim 1, Shiga teaches a closed hydroponic vertical modular cultivation system, comprising:
one or more light sources (81);
at least one system pump (520;
at least one nutrient supply reservoir (51);
at least one nutrient supply pipe (31);
one or more hydroponic vertical modular cultivation system panels (2); and
at least one nutrient return pipe (41);
wherein each of said one or more light sources is vertically orientated and positioned approximately in front of at least one of said one or more hydroponic vertical modular cultivation system panels (see fig. 2);
wherein said at least one system pump is configured to pump a nutrient aqueous solution contained within said at least one nutrient supply reservoir into said at least one nutrient supply pipe (functional recitation to which the pump in Shiga can and does perform the intended function);
wherein said at least one nutrient supply pipe is configured to deliver said nutrient aqueous solution to said one or more hydroponic vertical modular cultivation system panels (functional recitation to which the supply pipe in Shiga can and does perform the intended function);
wherein each of said one or more hydroponic vertical modular cultivation system panels comprises:
a nutrient distribution manifold (3,32);
one or more vertical troughs (21), which are substantially hollow (fig. 7);
one or more stabilization collars (61); and
a drain return pipe (42);
wherein at least one of said one or more vertical troughs has one or more root access ports (23);
wherein said one or more root access ports are configured connect with said one or more stabilization collars (fig. 8);
wherein said one or more stabilization collars are configured to hold a seedling, such that a plurality of roots of said seedling are on an interior of said at least one of said one or more vertical troughs (functional recitation to which the stabilization collars in Shiga can perform the intended function);
wherein said one or more stabilization collars are configured to be substantially free from leaking said nutrient aqueous solution (functional recitation to which the stabilization collars in Shiga can perform the intended function, per the translation: “The holding member 61 is made of a soft material capable of holding a nutrient solution, and is formed of, for example, sponge, cotton, nonwoven fabric, rock wool, glass wool, or the like.”);
wherein said at least one nutrient return pipe is configured to integrally connect with said drain return pipe;
wherein said nutrient aqueous solution is cyclically pumped through said closed hydroponic vertical modular cultivation system (translation states: “The nutrient solution supply device 5 supplies the nutrient solution N in the nutrient solution container 51 to the nutrient solution supply pipe 3 by driving the pump 52. The nutrient solution N supplied to the nutrient solution supply pipe 3 is supplied into the cultivation pipe 2 from the upper side, and is collected from the lower portion of the cultivation pipe 2 into the nutrient solution container 51 via the nutrient solution recovery pipe 4. The nutrient solution supply device 5 supplies the collected nutrient solution N again to the nutrient solution supply pipe 3 for circulation. The nutrient solution supply device 5 may be configured to circulate the nutrient solution N intermittently or continuously.”); and
wherein said plurality of roots of said seedling absorbs said nutrient aqueous solution as said nutrient aqueous solution is cyclically pumped through said closed hydroponic vertical modular cultivation system (such is the function of the system).
However, Shiga is silent about a check valve, which is configured to prevent back flow; one or more ceiling hangers; one or more pipe hangers; wherein said nutrient distribution manifold comprises: a manifold housing, which comprises one or more trough openings; a nutrient supply pipe manifold portion, which comprises one or more openings; wherein said one or more trough openings are configured to connect with said one or more vertical troughs; wherein said at least one nutrient return pipe is configured to separately connect with said drain return pipe; wherein said one or more stabilization collars, which comprise a plurality of fins and a plurality of slits; wherein said one or more ceiling hangers and said one or more pipe hangers are configured to connect to said manifold housing of said one or more hydroponic vertical modular cultivation system panels, such that said one or more hydroponic vertical modular cultivation system panels are connected to a ceiling, such that said one or more hydroponic vertical modular cultivation system panels hang from said ceiling in a substantially vertical manner.
Simmons teaches in the same field of endeavor of a hydroponic vertical modular cultivation system comprising a check valve (15), which is configured to prevent back flow. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a check valve as taught by Simmons in the system of Shiga in order to prevent back flow of fluid.
Martchek teaches in the same field of endeavor of a hydroponic vertical modular cultivation system comprising one or more ceiling hangers (para. 0051) and one or more pipe hangers (fig. 2, not numbered but can be seen as the U-shaped member holding pipe manifold 140), wherein said one or more ceiling hangers and said one or more pipe hangers are configured to connect to said manifold housing of said one or more hydroponic vertical modular cultivation system panels (110), such that said one or more hydroponic vertical modular cultivation system panels are connected to a ceiling (as stated in para. 0051), such that said one or more hydroponic vertical modular cultivation system panels hang from said ceiling in a substantially vertical manner. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include one or more ceiling hangers and one or more pipe hangers as taught by Martchek in the system of Shiga in order to allow the user to hang the pipes and cultivation panels onto a ceiling or above ground structure for stability or anchorage.
Hanada teaches in the same field of endeavor of a closed hydroponic vertical modular cultivation system comprising a nutrient distribution manifold comprises: a manifold housing (1), which comprises one or more trough openings (7); a nutrient supply pipe manifold portion (8), which comprises one or more openings (9); wherein said one or more trough openings are configured to connect with said one or more vertical troughs (6); wherein at least one nutrient return pipe (2) is configured to separately connect with a drain return pipe (14). 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 nutrient distribution manifold of Shiga with the configuration of the nutrient distribution manifold of Hanada that includes a manifold housing, which comprises one or more trough openings; a nutrient supply pipe manifold portion, which comprises one or more openings; wherein said one or more trough openings are configured to connect with said one or more vertical troughs, since a simple substitution of one known equivalent element for another would obtain predictable results (both configurations of the nutrient distribution manifold would result in providing nutrient solution to the vertical troughs and to connect the vertical troughs to the manifold). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007). In addition, 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 at least one nutrient return pipe of Shiga be configured to separately connect with the drain return pipe as taught by Hanada, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177,179.
Atwal et al. teaches in the same field of endeavor of a hydroponic vertical modular cultivation system comprising one or more stabilization collars, which comprise a plurality of fins and a plurality of slits (para. 0123, the openings including slits and multiple holes cut or punched out, which would result in the collar having fins and slits; also, shown in the figures as refs. 520,640,840,910, esp. in fig. 9, which clearly shows slits and flaps). 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 one or more stabilization collars of Shiga comprise a plurality of fins and a plurality of slits as taught by Atwal et al. in order to better secure the seeds or plugs containing the seeds.
For claim 3, Shiga as modified by Hanada, Simmons, Martchek, and Atwal et al. teaches the closed hydroponic vertical modular cultivation system of claim 1, and further teaches wherein said one or more trough openings are configured to matingly seal with said one or more vertical troughs (as relied on with Hanada).
For claim 4, Shiga as modified by Hanada, Simmons, Martchek, and Atwal et al. teaches the closed hydroponic vertical modular cultivation system of claim 1, and further teaches wherein said one or more openings of said nutrient supply pipe manifold portion are configured to be approximately located at said one or more trough openings (as taught by both Shiga and Hanada); and wherein said system pump is configured to variably control a flow rate of said nutrient aqueous solution through said closed hydroponic vertical modular cultivation system (the pump of Shiga does performed this function as stated in the above).
For claim 5, Shiga as modified by Hanada, Simmons, Martchek, and Atwal et al. teaches the closed hydroponic vertical modular cultivation system of claim 1, and further teaches wherein said nutrient distribution manifold (as modified with Hanada) further comprises: one or more end plugs (15 of Hanada); and one or more adapters (10,11,12 of Hanada); wherein said one or more end plugs substantially prevent said nutrient aqueous solution from leaving said nutrient distribution manifold except as through said one or more trough openings (such is the function of the plugs 15); and wherein said one or more adapters are configured to allow said at least one nutrient supply pipe to pass into an interior of said nutrient distribution manifold (such is the function of adapters 10,11,12).
For claim 6, Shiga as modified by Hanada, Simmons, Martchek, and Atwal et al. teaches the closed hydroponic vertical modular cultivation system of claim 1, and further teaches wherein said one or more light sources comprises an array of light emitting diodes (as taught by Shiga per translation of: “The illuminating device 81 is composed of, for example, a vertically long LED module having an LED light source group. In this embodiment, a plurality of lighting devices 81 are arranged in the front-rear direction.”).
For claim 7, Shiga as modified by Hanada, Simmons, Martchek, and Atwal et al. teaches the closed hydroponic vertical modular cultivation system of claim 1, and further teaches wherein said one or more light sources are configured to be an adjustable distance away from said one or more hydroponic vertical modular cultivation system panels (as taught by Shiga per translation of: (“In this way, by periodically sliding the lighting device support frame 82 that supports the lighting device 81, it is possible to periodically give the light period (daytime) and the dark period (night) to the cultivated plants that are planted in the cultivation pipe 2. it can. Furthermore, by providing the lighting device support frame 82 so as to be slidable, the lighting device support frame 82 can be removed from the left and right sides of the arrangement position of the cultivation pipe 2 to be attached or removed, and the cultivation pipe 2 is attached and detached. Becomes easier. Similarly, by appropriately sliding the lighting device support frame 82, the work of putting the plant holder 6 in and out of the planting hole 23 and the work of harvesting fruits and flowers can be easily performed.”).
For claim 8, Shiga as modified by Hanada, Simmons, Martchek, and Atwal et al. teaches the closed hydroponic vertical modular cultivation system of claim 1, and further teaches wherein said system pump is configured to be submersible in said nutrient aqueous solution in said nutrient supply reservoir (as shown in fig. 1 of Shiga, the pump is in the reservoir).
For claim 11, Shiga as modified by Hanada, Simmons, Martchek, and Atwal et al. teaches the closed hydroponic vertical modular cultivation system of claim 1, but is silent about wherein said one or more stabilization collars are neoprene. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute any one of the materials listed for the collars 61 in Shiga as modified by Hanada, Simmons, Martchek, and Atwal et al. (emphasis on Shiga) with neoprene, since a simple substitution of one known equivalent element for another would obtain predictable results (both neoprene and the materials listed in Shiga would result in the same function to stabilize the plants/seeds and to hold the nutrient solution). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Shiga (as above) in view of Hanada (as above), Simmons (as above), and Atwal et al. (as above).
For claims 12-14, the limitations have been explained in the above, thus, please see above.
Response to Arguments
Applicant’s arguments with respect to claims 1,3-8,11-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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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/Son T Nguyen/Primary Examiner, Art Unit 3643