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 .
Claims 1-4 and 6-22 are currently pending.
Claim Objections
The claims are objected to because of at least the following informalities. Please review claims 16-18 and 21 for antecedent issues.
claim 9, line 1, “a pump” should read “the pump”,
claim 12, lines 1-2, “a plurality of ultra-violet light emitter” should read “the plurality of ultra-violet light emitters,
as a note, claim 1 uses the spelling, “ultraviolet” while claim 12 uses the spelling “ultra-violet”. Please keep the spellings consistent throughout the claim set,
claim 16, lines 1-2, “a reservoir” should read “the reservoir”
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
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.
Claims 1-4, 5-13, and 15-21 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim 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 at the time the application was filed, had possession of the claimed invention. Claim 1 recites the limitation, “a plurality of fans mounted to an interior top wall of the housing and arranged to circulate cooled air downwardly across the plurality of containers”. However, the instant specification and figures show that the fan elements 58 are mounted to an interior side wall 26, not top wall 18 (fig. 5 and specification at page 5, line 28-page 6, line 2). The disclosure does not state that the plurality fans are mounted to an interior top wall of the house, not does it disclose that the arrangement of the fans circulate cooled air downwardly across the plurality of containers.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 is rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. In this case, in claim 8, the reservoir positioned between the bottom wall and a shelf disposed laterally within the housing is already recited in claim 1. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
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 1-4, 7-10, and 12-13, 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN 110419363 A), hereafter referred to as “Huang,” in view of Cho et al. (KR 20140097689 A), hereafter referred to as “Cho”, Smith (US 4192097 A), hereafter referred to as “Smith”, Bouchard (US 20200137964 A1), hereafter referred to as “Bouchard”, and James et al. (US 20220193280 A1), hereafter referred to as “James”.
Regarding claim 1, Huang teaches a temperature-controlled nursery (figs. 1-4; machine translation, paragraph [0008]) configured for facilitating growing plants by simulating a selectable climate (machine translation, paragraph [0027]), said nursery comprising:
a housing (2; fig. 1) enclosing an interior space (fig. 1) and including a bottom wall (fig. 1), a top wall (fig. 1), and
a perimeter wall (side walls of 2; figs. 1-2) extending between said bottom wall and said top wall (figs. 1-2);
a plurality of containers (211, figs. 1-2) being removably stored within said interior space of said housing (figs. 1-2), each container of said plurality of containers being configured for removably receiving soil for a plant (figs. 1-2);
a thermal control system in a thermal communication with each container (222, 225; machine translation, paragraph [0027], and fig. 2), said thermal control system heating each container to facilitate growing the plant of each container in an environment (machine translation, paragraph [0027] and fig. 2);
a circuit board (227) electrically coupled to the circuit board and engageable by a user to actuate the thermal control system (machine translation, paragraph [0027] and fig. 2);
an actuator being electrically coupled to said circuit board and being engageable by a user to actuate said thermal control system (machine translation, paragraph [0027], e.g., teaching that 227 is provided for a user to control setting like the temperature within the system; fig. 2);
a water supply system (1, 133, 132, 134, 131, 11; fig. 2) in fluid communication with the plurality of containers; (machine translation, paragraph [0028]; fig. 2);
a reservoir (11) positioned between the bottom wall and a shelf disposed laterally within the housing (fig. 1 showing shelves laterally arranged within the housing);
a pump (131) mounted to the bottom wall and fluidly coupled between the reservoir and a plurality of sprinklers mounted to the wall (fig. 2);
wherein the circuit board is configured to control operation of the thermal control system (machine translation, paragraph [0027]);
a sanitizer (223; fig. 2) comprising a plurality of ultraviolet light emitters electrically coupled to the circuit board to disinfect an interior space of the housing (machine translation, paragraphs [0027]-[0028]; fig. 2);
a power supply (3; fig. 1) being electrically coupled to said circuit board (machine translation, paragraph [0027]); and
a plurality of wheels (41; figs. 1-2) being mounted to said bottom wall of said housing (machine translation, paragraph [0027])
As shown above, Huang teaches a temperature-controlled nursery, but does not explicitly teach that it is refrigerated, simulating a selectable cold climate. In addition, Huang does not explicitly teach that each container includes an exterior tube and an interior bucket being removably nested within said exterior tube, said interior bucket having a bottom, said bottom of said interior bucket being a mesh material wherein said interior bucket is configured for lifting the soil for the plant out of the exterior tube with said interior bucket; each container including a pair of handles coupled to and extending from said interior bucket, wherein said pair of handles in configured for facilitating lifting of said interior bucket from said exterior tube, the circuit board configured to control operation of the plurality of fans, and the water supply system, the plurality of ultraviolet light emitters mounted to the top wall, and a plurality of fans mounted to an interior top wall of the housing and arranged to circulate cooled air downwardly across the plurality of containers.
Cho teaches a refrigerated nursery (figs. 3-8) configured for facilitating growing plants by simulating a selectable cold climate (see attached machine translation, paragraph [0044]), and a circuit board configured to control operation of a fan (machine translation, paragraph [0076]).
Huang seeks to deliver an improved nursery that facilitates an ideal setting for cultivating plants by providing an environment with suitable temperatures (machine translation, paragraph [0008]). 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 temperature-controlled nursery of Huang, such that the nursery is also refrigerated, simulating a selectable cold climate, and the circuit board configured to control operation of a fan, as taught by Cho, in order to cater to various types of plants based on their environmental needs and based on the season (Cho, machine translation, paragraph [0052]; see also machine translation, paragraph [0056] teaching both cooling and heating).
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 modify the nursery of Huang in view of Cho, such that the circuit board is configured to also control operation of the water supply system, as suggested by Cho, in order to provide an consistent central control system that allow for automation and coordination of various sub-systems within the nursery.
Smith teaches a plant container (10; figs. 1-2) including an exterior tube (12; fig. 1) and an interior bucket (22) being removably nested within said exterior tube (figs. 1-2; col. 2, lines 8-20), said interior bucket having a bottom (20), said bottom of said interior bucket being a mesh material wherein said interior bucket is configured for lifting the soil for the plant out of the exterior tube with said interior bucket (col. 2, lines 8-20).
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 nursery of Huang in view of Cho, such that each container includes an exterior tube and an interior bucket being removably nested within said exterior tube, said interior bucket having a bottom, said bottom of said interior bucket being a mesh material wherein said interior bucket is configured for lifting the soil for the plant out of the exterior tube with said interior bucket, as taught by Smith, in order to facilitate proper drainage of the plant, prevent water logging, and improve the ease of removing and transplanting plants without damage (col. 2, lines 8-20 and 23-30).
Bouchard teaches a nursery (figs. 1-15B) including a plurality of fans (895; fig. 8 and paragraph [0116]) mounted to an interior top wall of a housing (fig. 8, as best understood), and containers (282; fig. 2B) each including a pair of handles coupled to and extending from the container (fig. 2B), wherein said pair of handles in configured for facilitating lifting of said container (fig. 2B).
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 nursery of Huang in view of Cho and Smith to include a plurality of fans mounted to an interior top wall of a housing, as taught by Bouchard, in order to further improve circulation of air within the nursery (paragraphs [0081] and [0116] of Bouchard). 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 modify the nursery of Huang in view of Cho and Smith, such that each interior bucket includes a pair of handles coupled to and extending from said interior bucket, wherein said pair of handles in configured for facilitating lifting of said interior bucket from said exterior tube, as taught by Bouchard, in order to improve the ease of holding and transporting the interior bucket (fig. 2B of Bouchard).
The combined teachings of Huang in view of Cho, Smith, and Bouchard would result in the plurality of fans arranged to circulate cooled air downwardly across the plurality of containers.
James teaches a nursery (figs. 1-15B) including ultraviolet light emitters (paragraph [0063] and fig. 1) mounted to a top wall (paragraph [0063] and fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the nursery of Huang in view of Cho, Smith, and Bouchard to include a plurality of ultraviolet light emitters mounted to a top wall, as taught by James, in order to further improve the sanitizing effect by allowing the UV lights to cover more plant area by covering the sides and top of the plants.
Regarding claim 2, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and Huang further teaches wherein said perimeter wall includes a first wall, a second wall, and a pair of side walls (figs. 1-2 showing the perimeter wall with a first and second wall, and a pair of side walls).
Regarding claim 3, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and Huang further teaches a shelf (215, 216; figs. 1-2 showing multiple shelves) being spaced between said top and bottom walls (figs. 1-2) and being positioned lateral relative to said housing (figs. 1-2), said shelf are perforated with holes (shelves including 216; fig. 3) to allow water to pass through (machine translation, paragraph [0027]-[0028]).
Regarding claim 4, the combined teachings of Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 3, and further teaches wherein said plurality of containers (as relied on 10 of Smith) is positioned on said shelf of said housing (figs. 1-2 of Huang), each container being perforated with apertures for allowing fluid to pass through each container (as relied on 20 of Smith).
Regarding claim 7, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 2, and Huang further teaches wherein said water supply system (1, 133, 132, 134, 131, 11; fig. 2) includes a plurality of sprinklers (133, 134) providing water downwardly to the containers to facilitate growing of the plants (machine translation, paragraph [0027]), said sprinklers being coupled to said top wall of said housing (fig. 2 showing multiple elements 134 at the top wall).
Regarding claim 8, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 7, and Huang further teaches a reservoir (11) being positioned between said bottom wall and said shelf of said housing (fig. 2).
Regarding claim 9, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 8, and Huang further teaches a pump (131) being electrically coupled to said circuit board (227; machine translation, paragraphs [0027]-[0028]) and being fluidly coupled to said reservoir and to said sprinklers (134; fig. 2 and machine translation, paragraphs [0027]-[0028]), wherein said pump is actuated to bring water from said reservoir to said sprinklers said pump being mounted to said bottom wall within said housing (fig. 2 and machine translation, paragraphs [0027]-[0028]).
Regarding claim 10, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 9, and Huang further teaches a filter (14) being coupled to said pump (131) and filtering said water from said pump (machine translation, paragraphs [0027]-[0028]).
Regarding claim 12, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and Huang further teaches said sanitizer (223) comprising a plurality of ultra-violet light emitters (223) emitting ultra-violet light when actuated, said sanitizer being coupled to said top wall of said housing (fig. 2 and machine translation, paragraphs [0027]-[0028]).
Regarding claim 13, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and Cho further teaches wherein said power supply (32; fig. 4) comprises a power cord (313; fig. 4), but does not explicitly teach that it is engageable with an electrical outlet.
Cho further teaches a power supply comprises a power cord engageable with an electrical outlet (machine translation, paragraph [0087]).
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 nursey of Huang as modified by Cho, Smith, Bouchard, and James, such that the power cord is engageable with an electrical outlet, as further taught by Cho, in order to provide the system with a consistent power supply.
Regarding claim 15, the combined teachings of Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and further teaches that wherein the plurality of fans (895 as relied on Bouchard) are mounted along an upper interior region of the housing and configured to circulate cooled air across the plurality of containers (fig. 8 of Bouchard and attached machine translation, paragraph [0044] as relied on Cho).
Regarding claim 16, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and Huang further teaches that the water supply system (1, 133, 132, 134, 131, 11) includes a reservoir (11) positioned below a shelf supporting the plurality of containers (fig. 1 showing shelves laterally arranged within the housing).
Regarding claim 17, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 3, and Huang further teaches that the water supply system (1, 133, 132, 134, 131, 11) further includes a pump (131) fluidly coupled between the reservoir (11) and a plurality of sprinklers (133, 134) positioned above the plurality of containers (figs. 1-2).
Regarding claim 18, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and Huang further teaches that the sanitizer (223) comprises an ultraviolet light source configured to disinfect the interior space of the housing (machine translation, paragraphs [0027]-[0028]; fig. 2).
Regarding claim 19, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and Smith further teaches that the interior bucket (22) includes a plurality of apertures (20 includes a plurality of apertures; fig. 2) configured to permit drainage of water from soil contained therein (figs. 1-2 and col. 2, lines 12-20).
Regarding claim 20, the combined teachings of Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 1, and further teaches that wherein the pair of handles (handles shown on element 282 in fig. 2B as relied on Bouchard) extend upwardly from the interior bucket (22 as relied on Smith) to permit manual removal of the interior bucket from the exterior tube (fig. 2B of Bouchard).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Cho, Smith, Bouchard, and James as applied to claim 2 above, and further in view of Gao et al. (CN 105961087 A), hereafter referred to as “Gao.”
Regarding claim 6, the combined teachings of Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 2, and further teaches said fans (37 as relied on Cho) being in fluid communication with said thermal control system such that said fans provide cooled air to said thermal control system to remove heat (machine translation, paragraphs [0044]-[0050] of Cho), but does not explicitly teach wherein each side wall of said pair of side walls has at least one of said fans attached thereto.
Gao teaches a nursery (fig. 1) including a pair of side walls (right and left wall, fig. 1), wherein each side wall of said pair of side walls has at least one fan (9) attached thereto (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the nursery of Huang in view of Cho, Smith, Bouchard, and James such that each side wall of said pair of side walls has at least one of said fans attached thereto, as taught by Gao, in order to further improve the humidity and airflow within the nursery.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Cho, Smith, Bouchard, and James as applied to claim 8 above, and further in view of Ahn et al. (KR 20220049938 A), hereafter referred to as “Ahn.”
Regarding claim 11, Huang as modified by Cho, Smith, Bouchard, and James teaches the refrigerated nursery of claim 8, and Cho further teaches a water heater system being in fluid communication with said water supply system (machine translation, paragraph [0068] teaching 4 to include a water heater), said water heater system being in fluid communication with said reservoir of said water supply system (machine translation, paragraph [0068]), wherein said water heater system emits heated air into said reservoir to heat water contained within said reservoir (machine translation, paragraph [0068]), but does not explicitly teach the water heater system including a heat pump compressor.
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 nursery of Huang in view of Cho, Smith, Bouchard, and James to include a water heater system being in fluid communication with said water supply system, said water heater system being in fluid communication with said reservoir of said water supply system, wherein said water heater system emits heated air into said reservoir to heat water contained within said reservoir, as further taught by Cho, in order to improve the humidity within the nursery (machine translation, paragraph [0068] of Cho).
Ahn teaches a nursery (figs. 1-6) including a water heater system including a heat pump compressor (see attached machine translation, page 4, paragraph 5).
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 nursery of Huang in view of Cho, Smith, Bouchard, and James, such that the water heater system includes a heat pump compressor, as taught by Ahn, in order to improve the energy efficiency of the thermal system.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Cho, Bouchard, James, Smith, Gao, and Ahn.
Regarding claim 14, Huang teaches temperature-controlled nursery (figs. 1-4; machine translation, paragraph [0008]) configured for facilitating growing plants by simulating a selectable climate (machine translation, paragraph [0027]), said nursery comprising:
a housing (2; fig. 1) enclosing an interior space (fig. 1) and including a bottom wall (fig. 1), a top wall (fig. 1), and a perimeter wall (side walls of 2; figs. 1-2) extending between said bottom wall and said top wall (figs. 1-2), said perimeter wall including a first wall, a second wall, and a pair of side walls figs. 1-2 showing the perimeter wall with a first and second wall, and a pair of side walls), a shelf (215, 216; figs. 1-2 showing multiple shelves) being spaced between said top and bottom walls (figs. 1-2) and being positioned lateral relative to said housing (figs. 1-2), said shelf being perforated with holes to allow water to pass therethrough (machine translation, paragraph [0027]-[0028]);
a plurality of containers (211, figs. 1-2) being removably stored within said interior space of said housing (figs. 1-2), said plurality of containers being positioned on said shelf of said housing (211, figs. 1-2), each container of said plurality of containers being configured for removably receiving soil for a plant (211, figs. 1-2);
a thermal control system (222, 225; machine translation, paragraph [0027]) being in thermal communication with each of the containers (machine translation, paragraph [0027] and fig. 2), said thermal control system heating each container to facilitate growing the plant of each container in an environment (machine translation, paragraph [0027] and fig. 2);
a circuit board (227) being electrically coupled to said thermal control system (machine translation, paragraph [0027] and fig. 2);
an actuator being electrically coupled to said circuit board and being engageable by a user to actuate said thermal control system (machine translation, paragraph [0027], e.g., teaching that 227 is provided for a user to control setting like the temperature within the system; fig. 2);
a water supply system (1, 133, 132, 134, 131, 11; fig. 2) being in fluid communication with said plurality of containers (machine translation, paragraph [0028]; fig. 2), wherein said water supply system supplies water to the soil of each container (machine translation, paragraph [0028]; fig. 2), said water supply system including:
a plurality of sprinklers (133, 134; fig. 2) providing water downwardly to the containers to facilitate growing of the plants (machine translation, paragraph [0027] and fig. 2), said sprinklers being coupled to said top wall of said housing (fig. 2 showing multiple elements 134 at the top wall);
a reservoir (11) being positioned between said bottom wall and said shelf of said housing (fig. 2);
a pump (131) being electrically coupled to said circuit board (227; machine translation, paragraphs [0027]-[0028]) and being fluidly coupled to said reservoir and to said sprinklers (134; fig. 2 and machine translation, paragraphs [0027]-[0028]), wherein said pump is actuated to bring water from said reservoir to said sprinklers said pump being mounted to said bottom wall within said housing (fig. 2 and machine translation, paragraphs [0027]-[0028]), such that the pump delivers water upwardly from the reservoir to the sprinklers positioned above the plurality of containers (fig. 2);
a filter (14) being coupled to said pump (131) and filtering said water from said pump (machine translation, paragraphs [0027]-[0028]);
a sanitizer (223; fig. 2) being electrically coupled to said circuit board and being actuated to disinfect said interior space of said housing (machine translation, paragraphs [0027]-[0028]; fig. 2), said sanitizer comprising a plurality of ultra-violet light emitters (223) emitting ultra-violet light when actuated, said sanitizer being coupled to said top wall of said housing (fig. 2 and machine translation, paragraphs [0027]-[0028]);
a power supply (3; fig. 1) being electrically coupled to said circuit board (machine translation, paragraph [0027]), said power supply comprising a power cord (313; fig. 4); and
a plurality of wheels (41; figs. 1-2) being mounted to said bottom wall of said housing (machine translation, paragraph [0027]).
As shown above, Huang teaches a temperature-controlled nursery, but does not explicitly teach that it is refrigerated, simulating a selectable cold climate. In addition, Huang does not explicitly teach:
each container being perforated with apertures for allowing fluid to pass through each container, each container including an exterior tube and an interior bucket being removably nested within said exterior tube, said interior bucket having a bottom, said bottom of said interior bucket being a mesh material wherein said interior bucket is configured for lifting the soil for the plant out of the exterior tube with said interior bucket;
said thermal control system cooling each container to facilitate growing the plant of each container in a cooled environment, and
a plurality of fans being electrically coupled to said circuit board, said fans facilitating the cooling of said each container of said plurality of containers by circulating cooled air, each side wall of said pair of side walls having at least one of said fans attached thereto, said fans being in fluid communication with said thermal control system such that said fans provide cooled air to said thermal control system to remove heat and wherein the plurality of fans are configured to circulate air across the plurality of containers within the interior space;
a water heater system being in fluid communication with said water supply system, said water heater system including a heat pump compressor being in fluid communication with said reservoir of said water supply system, wherein said heat pump compressor emits heated air into said reservoir to heat water contained within said reservoir; and
said power cord engageable with an electrical outlet.
Cho teaches a refrigerated nursery (figs. 3-8) configured for facilitating growing plants by simulating a selectable cold climate (see attached machine translation, paragraph [0044]), including a thermal control system (3) cooling each container to facilitate growing the plant of each container in a cooled environment (machine translation, paragraphs [0044]-[0047]),
a fan (37) being electrically coupled to a circuit board (machine translation, paragraph [0076]),
a water heater system being in fluid communication with said water supply system (machine translation, paragraph [0068] teaching 4 to include a water heater), said water heater system being in fluid communication with said reservoir of said water supply system (machine translation, paragraph [0068]), wherein said water heater system emits heated air into said reservoir to heat water contained within said reservoir (machine translation, paragraph [0068]), and
a power supply comprises a power cord engageable with an electrical outlet (machine translation, paragraph [0087]).
Huang seeks to deliver an improved nursery that facilitates an ideal setting for cultivating plants by providing an environment with suitable temperatures (machine translation, paragraph [0008]). 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 temperature-controlled nursery of Huang, such that the nursery is also refrigerated, simulating a selectable cold climate, and such that the thermal control system cools each container to facilitate growing the plant of each container in a cooled environment, and includes a fan being electrically coupled to said circuit board, as taught by Cho, in order to improve the circulation within the nursery and to improve the versatility of the nursery to cater to various types of plants based on their environmental needs and based on the season (Cho, machine translation, paragraph [0052]; see also machine translation, paragraph [0056] teaching both cooling and heating).
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 nursery of Huang in view of Cho to include a water heater system being in fluid communication with said water supply system, said water heater system being in fluid communication with said reservoir of said water supply system, wherein said water heater system emits heated air into said reservoir to heat water contained within said reservoir, as further taught by Cho, in order to improve the humidity within the nursery (machine translation, paragraph [0068] of Cho).
Additionally, 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 nursey of Huang as modified by Cho, such that the power cord is engageable with an electrical outlet, as further taught by Cho, in order to provide the system with a consistent power supply.
Bouchard teaches a nursery (figs. 1-15B) including a plurality of fans (895; fig. 8 and paragraph [0116]).
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 nursery of Huang in view of Cho and Smith to include a plurality of fans mounted to an interior top wall of a housing, as taught by Bouchard, in order to further improve circulation of air within the nursery (paragraphs [0081] and [0116] of Bouchard).
The combined teachings would result in said fans facilitating the cooling of said each container of said plurality of containers by circulating cooled air, each side wall of said pair of side walls having at least one of said fans attached thereto, said fans being in fluid communication with said thermal control system such that said fans provide cooled air to said thermal control system to remove heat and wherein the plurality of fans are configured to circulate air across the plurality of containers within the interior space.
Smith teaches a plant container (10; figs. 1-2) being perforated with apertures for allowing fluid to pass through each container (via 20; col. 2, lines 8-20; fig. 1), including an exterior tube (12; fig. 1) and an interior bucket (22) being removably nested within said exterior tube (figs. 1-2; col. 2, lines 8-20), said interior bucket having a bottom (20), said bottom of said interior bucket being a mesh material wherein said interior bucket is configured for lifting the soil for the plant out of the exterior tube with said interior bucket (col. 2, lines 8-20).
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 nursery of Huang in view of Cho, such that each container is perforated with apertures for allowing fluid to pass through each container, each container includes an exterior tube and an interior bucket being removably nested within said exterior tube, said interior bucket having a bottom, said bottom of said interior bucket being a mesh material wherein said interior bucket is configured for lifting the soil for the plant out of the exterior tube with said interior bucket, as taught by Smith, in order to facilitate proper drainage of the plant, prevent water logging, and improve the ease of removing and transplanting plants without damage (col. 2, lines 8-20 and 23-30).
Gao teaches a nursery (fig. 1) including a pair of side walls (right and left wall, fig. 1), wherein each side wall of said pair of side walls has at least one fan (9) attached thereto (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the nursery of Huang in view of Cho and Smith such that each side wall of said pair of side walls has at least one of said fans attached thereto, as taught by Gao, in order to further improve the humidity and airflow within the nursery.
The combined teachings of Huang as modified by Cho, Smith, and Gao would result in said fans being in fluid communication with said thermal control system such that said fans provide cooled air to said thermal control system to remove heat.
Ahn teaches a nursery (figs. 1-6) including a water heater system including a heat pump compressor, wherein said heat pump compressor emits heated air into said reservoir to heat water contained within said reservoir (see attached machine translation, page 4, paragraph 5).
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 nursery of Huang in view of Cho, Smith, and Gao, such that the water heater system includes a heat pump compressor, wherein said heat pump compressor emits heated air into said reservoir to heat water contained within said reservoir, as taught by Ahn, in order to improve the energy efficiency of the thermal system.
Regarding claim 22, the combined teachings of Huang as modified by Cho, Bouchard, Smith, Gao, and Ahn teaches the refrigerated nursery of claim 14, and further teaches that wherein the shelf (fig. 2 of Huang) supports the plurality of containers (10, 12, 22, as relied on Smith) and is perforated to permit downward flow of irrigation water (20 includes perforations that allow water to pass through; fig. 2 of Smith), and wherein each interior bucket includes apertures configured to permit drainage of excess irrigation water through the shelf (fig. 2).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Cho, Bouchard, Smith, Gao, and Ahn, as applied to claim 2 above, and further in view of James.
Regarding claim 21, the combined teachings of Huang as modified by Cho, Bouchard, Smith, Gao, and Ahn teaches the refrigerated nursery of claim 14, and further Huang teaches that wherein the sanitizer (223) comprises a plurality of ultraviolet light emitters (machine translation, paragraphs [0027]-[0028]; fig. 2) that are electrically coupled to the circuit board (machine translation, paragraphs [0027]-[0028]; fig. 2), the ultraviolet light emitters being arranged to irradiate an interior air volume of the housing (fig. 2 of Huang), but does not explicitly teach that they are mounted to the top wall of the housing.
James teaches a nursery (figs. 1-15B) including ultraviolet light emitters (paragraph [0063] and fig. 1) mounted to a top wall (paragraph [0063] and fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the nursery of Huang in view of Cho, Bouchard, Smith, Gao, and Ahn to include the plurality of ultraviolet light emitters mounted to a top wall, as taught by James, in order to further improve the sanitizing effect by allowing the UV lights to cover more plant area by covering the sides and top of the plants.
Response to Arguments
Applicant's arguments filed 5-6-26 have been fully considered but they are not persuasive.
Applicant argues that Huang does not disclose elements like the fan and irrigation features, and claimed spatial arrangements. Further, applicant generally states that various rationales stated by the examiner relies on generalized motivations such as improving airflow or cooling.
Applicant makes a general statement that all the rationales are generic, and does not specifically point out why each rationale is considered unsatisfactory. Additionally, on pages 5-7 of the Remarks, applicant appears to direct arguments to references that are no longer relied upon. These arguments are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant's argument that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Examiner, Art Unit 3643
