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 .
Application Status
Claims 1-15 are pending and have been examined in this application. Claims 1-10 are amended, claim 11 is previously presented, claims 12-15 are new.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 06/16/2023, 07/28/2025 and reviewed by the Examiner.
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) 1-9, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20110247265 A1) to Tsai in view of (US 4166341 A) to Vestergaard and (US 20200352113 A1) to Canipe.
In regards to claim 1, Tsai teaches a cultivation plant comprising a cultivation room (Tsai; 1) comprising an air circuit (Tsai; air circuit comprising the air conditioner 12, the circuit comprising extraction of heat to cool air in room 1 [0015], also 100 and 102 where CO2 and O2 is exchanged), a water circuit (Tsai; water circuit comprising the dehumidification in air conditioner 12 [0015], H2O moving to water tank 13), a heat circuit (Tsai; heat circuit comprising the heat extracted via air conditioner 12 circulating via heat pump 14, LEDs 15, and exchanged with water heaters 16), a light circuit (Tsai; comprising LED 15 and solar cell 17, 404), a nutrition circuit (Tsai; comprising the water tank 13, and the passage of H2O through 202 to 10), the cultivation room comprising a plant bed for plants (Tsai; growing area 10) wherein the cultivation plant comprises an adjacent facility frequented by carbon dioxide generating entities (Tsai; building 2 or 11 with carbon dioxide entities such as people [0013] see FIG 1), the adjacent facility being arranged adjacent the cultivation room (Tsai; see FIG 1 with buildings 1 and 2 arranged adjacent each other, or 11 and 1), wherein the air circuit comprises an intake conduit configured to lead air from the adjacent facility to the air circuit (Tsai; via 100, 102 which allows for the passage of CO2 from 2, 11 to 1; thus capable of allowing the air to be air conditioned by the air conditioner 12 which is in building 1), wherein the air circuit comprises a dehumidification unit configured to dehumidify air in the air circuit (Tsai; [0015] dehumidification as part of the air conditioner’s function), wherein the dehumidification unit comprises an air inlet configured to receive air from the air circuit and an air outlet configured to feed dehumidified air to the plant bed (Tsai; inlet where heat and H2O enter the air conditioner 12, outlet where cool air is intended to exit back into 1 and thus be fed back to the plant beds 10 in 1 [0015]), wherein the dehumidification unit comprises a water outlet configured to feed condensed water to a water inlet of the water circuit (Tsai; the dehumidification unit of the air conditioner 12 passing condensed H2O through outlet and into inlet of 200, 13, see FIG 1) that in turn comprises a water outlet that feeds water to an inlet of the nutrition circuit (Tsai; water outlet in water tank 13 which feeds H2O into the nutrition circuit 202) that in turn comprises an outlet that feeds nutrition water to the plant bed (Tsai; outlet in 202 which feeds water to plant bed 10), wherein the dehumidification unit comprises a heat circuit exchanging heat with the adjacent facility (Tsai; dehumidification unit of air conditioner 12 sending heat via 302, 304, to exchange heat with the adjacent facility 2),
the heat circuit is configured to shift excess heat from a light circuit and/or air circuit, to the adjacent facility (Tsai; see FIG 1 where heat from the LEDs goes to the heat pump 14 and is exchanged via 304 to the heat pump 24 in the adjacent facility), and the heat circuit is configured to shift heat from the adjacent facility to the plant bed when the plant bed requires more heat (Tsai; see FIG 1 where the heat from heat pump 24 in the adjacent facility is transferred to the water heater 16 and the heat pump 14 which transfers heat with the water tank 13 which applies water via 202 to the plant bed 10, also where heat is applied to the room where the plant beds are, thereby heat being shifted from the adjacent facility to the plant bed through the air),
wherein the plant bed comprises cultivation profiles extending in a length direction (X), a width (Y) direction and a height direction (Z) (Tsai; two dimensions of the cultivation profiles of the plant beds 10 seen in FIG 1, in three dimensional setting would have a third dimension), wherein each cultivation profile comprises a bottom wall extending in the width direction (Y) and the length direction (X) and side walls connected to each side of the bottom wall and extending in the length direction (X) and the height direction (Z) (Tsai; see the cultivation profile of the plant bed 10 which has two dimensions, a bottom wall and side walls extending in two dimensions, in three dimensional setting would have the third dimension), wherein the cultivation profile comprises a top wall opposing the bottom wall and covering the side walls (Tsai; see the cultivation profile of the plant bed 10 which has two dimensions, the sidewalls and top wall covering the bottom wall and side walls, in three dimensional setting would have the third dimension), wherein the light circuit is configured to feed light to the plant bed (Tsai; see where LED 15 is feeding light to 10).
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Tsai fails to teach a spacing circuit, the cultivation plant comprising a control unit configured to control the circuits, and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit, the control unit being configured to store driving parameters for the circuits and correlated input from the yield control unit, wherein the bottom wall of the cultivation profile is configured to lead the water in and out from the water circuit, wherein the top wall comprises openings for receiving plants to be cultivated, wherein the spacing unit is configured to space plants apart in the plant bed over time
Vestergaard teaches a spacing circuit (Vestergaard; the spacing circuit spacing the beds apart in FIGs 3 and 4), wherein the bottom wall of the cultivation profile is configured to lead the water in and out from the water circuit (Vestergaard; liquid reservoir formed by the lower wall 24 which leads liquid in through 16 and out as it overflows the edges, falls into 25, and gets sent to a reception tank; Col 6 line 63 – Col 7 line 6), wherein the top wall comprises openings for receiving plants to be cultivated (Vestergaard; see FIG 3 where the openings are in the top wall, or FIG 4 where the stems represented by 22 are extending out of the openings), wherein the spacing unit is configured to space plants apart in the plant bed over time (Vestergaard; see FIGs 3 and 4 where over time as the plants reach different stages of growth, the beds are spaced further apart).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tsai such that it has a spacing circuit, a bottom wall configured to lead water in and out of the circuit, the top wall having openings for plants, and the spacing unit configured to space apart the plant bed over time as taught by Vestergaard. The motivation for doing so would be to have a cultivation profile which allows for the circulation of fresh water and nutrients throughout the plants and to allow precise positioning of plants at spaces based on growth stages to prevent overlapping and to promote growth.
Tsai as modified by Vestergaard fail to teach the cultivation plant comprising a control unit configured to control the circuits, and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit, the control unit being configured to store driving parameters for the circuits and correlated input from the yield control unit.
Canipe teaches the cultivation plant comprising a control unit configured to control the circuits (Canipe; controller 1102 controlling the liquid circulation, air circulation, tray handling, lighting management systems, see FIG 11), and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit (Canipe; vision system 1112 monitoring the growth of the plants [0080]), the control unit being configured to store driving parameters for the circuits and correlated input from the yield control unit (Canipe; [0096] controller 1102 comprising a system coupling the processor and memory; memory capable of storing driving parameters and input from the vision system, see FIG 11).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tsai as modified by Vestergaard such that it comprises a control unit configured to control the circuits and a plant yield control unit configured to give input on growth of the plants to the control unit, and the control unit being configured to store driving parameters for the circuits and inputs from the yield control unit via a processor and memory such as taught by Canipe. The motivation for doing so would be to automate the growth system by providing a control system capable of providing instructions to the various circuits and using yield control unit information to dictate changes in the system.
In regards to claim 2, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to claim 1, wherein the plant bed comprises a number of cultivation profiles arranged side by side with one side wall of one cultivation profile facing one side wall of an adjacent cultivation profile (Vestergaard; see FIGs 3 and 4 where the profiles have sidewalls which face an adjacent sidewall of an adjacent profile), wherein the cultivation profiles are arranged to move along the plant bed over time with an increasing distance between them over time (Vestergaard; see FIGs 3 and 4 where the profiles move along the plant bed and become spaced out with increasing distance between them, such as in growth stage C or growth stage D).
In regards to claim 3, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to claim 2, wherein the openings in the cultivation profiles are arranged offset to each other with relation to adjacent cultivation profiles (Vestergaard; see FIGs 3 and 4 where the openings in each of the profiles are offset each other, in FIG 4 the stems 22 show where the plants are placed in the openings and they are offset).
In regards to claim 4, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to claim 1, wherein the openings in the cultivation profiles are arranged with openings corresponding to choice of grow media (Vestergaard; the openings in each of the profiles allow the plants to be planted corresponding to the growth media chosen for the system, as seen supplied via 16 in FIG 1).
In regards to claim 5, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to Claim 1, but Tsai fails to teach wherein the air outlet comprises air distribution units arranged in the plant bed structure and configured to control the mass flow and air speed of the air fed directly to the plant bed.
Canipe teaches wherein the air outlet comprises air distribution units arranged in the plant bed structure (Canipe; distribution units being the side diffuser slots 312 which directs the air supply from the air blowing unit 206, see FIGs 3A-3B) and configured to control the mass flow and air speed of the air fed directly to the plant bed (Canipe; see Claim 12 where the speed of airflow adjacent to the plants in the grow zone is controlled between 195 ft per minute and 295 ft per minute).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tsai as modified by Vestergaard and Canipe such that it has air distribution units to control mass flow and air speed of the air fed to the plant bed such as further taught by Canipe. The motivation for doing so would be to provide a system that directs the airflow from the air conditioner so that it does not blow harshly onto the plants and can be circulated across them.
In regards to claim 6, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to claim 1, but Tsai fails to teach wherein the air outlet comprises air blending distribution units positioned outside the plant bed and configured to create an air motion outside the plant bed for blending different air fractions with different temperatures to a blend.
Canipe teaches wherein the air outlet comprises air blending distribution units positioned outside the plant bed and configured to create an air motion outside the plant bed for blending different air fractions with different temperatures to a blend (Canipe; [0029] air circulation system comprised of air blowing unit 206, air conditioning unit 209, dehumidifier 210, the drop ceiling 212 which is positioned outside of the plant beds within he drop ceiling, creating air motion as seen in FIGs 3A-3B which blend the air together; when air is mixed the temperatures will reach equilibrium).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tsai as modified by Vestergaard and Canipe such that the air outlet comprises air blending distribution units to create air motion outside of the plant bed to blend the air fractions with different temperatures such as taught by Canipe. The motivation for doing so would be to utilize a system which can evenly equalize the air temperatures as it is distributed to the plants, preventing pockets or fractions of air from being too warm or too cool.
In regards to claim 7, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to claim 1, wherein the light circuit is configured to feed light to the plant bed and excess heat to the adjacent facility (Tsai; see FIG 1 where the heat moves via 300 from the LEDs 15, and is exchanged with the adjacent facility 2 via 304; while light from the LEDs is pointed to the plant bed 10).
In regards to claim 8, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to claim 1, wherein the spacing circuit comprises an elevator means configured to elevate cultivation profiles from a first plant bed level to a second plant bed level in the height direction (Z) (Tsai; Col 7 lines 16-21; guides 18 and 19 acting as elevator means elevating the cultivation profiles from a first to second height based on the size of the root support block being used).
In regards to claim 9, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to claim 1, wherein the cultivation room is a closed room with a controlled environment dependent on the circuits (Tsai; see FIG 1 where the cultivation room 1 is closed and the environment is changed based on the circuits i.e. via air, light, heat, etc).
In regards to claim 11, Tsai teaches a method for controlling a cultivation plant according to claim 1, wherein the cultivation comprises a cultivation room (Tsai; 1) comprising an air circuit (Tsai; air circuit comprising the air conditioner 12, the circuit comprising extraction of heat to cool air in room 1 [0015], also 100 and 102 where CO2 and O2 is exchanged), a water circuit (Tsai; water circuit comprising the dehumidification in air conditioner 12 [0015], H2O moving to water tank 13), a heat circuit (Tsai; heat circuit comprising the heat extracted via air conditioner 12 circulating via heat pump 14, LEDs 15, and exchanged with water heaters 16), a light circuit (Tsai; comprising LED 15 and solar cell 17, 404), a nutrition circuit (Tsai; comprising the water tank 13, and the passage of H2O through 202 to 10), wherein the cultivation plant comprises an adjacent facility frequented by carbon dioxide generating entities (Tsai; building 2 or 11 with carbon dioxide entities such as people [0013] see FIG 1), the adjacent facility being arranged adjacent the cultivation room (Tsai; see FIG 1 with buildings 1 and 2 arranged adjacent each other, or 11 and 1), wherein the air circuit comprises an intake conduit leading air from the adjacent facility to the air circuit (Tsai; via 100, 102 which allows for the passage of CO2 from 2, 11 to 1; thus capable of allowing the air to be air conditioned by the air conditioner 12 which is in building 1), wherein the air circuit comprises a dehumidification unit dehumidifying air in the air circuit (Tsai; [0015] dehumidification as part of the air conditioner’s function), wherein the dehumidification unit comprises an air inlet receiving air from the air circuit and an air outlet feeding dehumidified air to the plant bed (Tsai; inlet where heat and H2O enter the air conditioner 12, outlet where cool air is intended to exit back into 1 and thus be fed back to the plant beds 10 in 1 [0015]), wherein the dehumidification unit comprises a water outlet feeding condensed water to a water inlet of the water circuit (Tsai; the dehumidification unit of the air conditioner 12 passing condensed H2O through outlet and into inlet of 200, 13, see FIG 1) that in turn comprises a water outlet that feeds water to an inlet of the nutrition circuit (Tsai; water outlet in water tank 13 which feeds H2O into the nutrition circuit 202) that in turn comprises an outlet that feeds nutrition water to the plant bed (Tsai; outlet in 202 which feeds water to plant bed 10), wherein the dehumidification unit comprises a heat circuit exchanging heat with the adjacent facility (Tsai; dehumidification unit of air conditioner 12 sending heat via 302, 304, to exchange heat with the adjacent facility 2), wherein the plant bed comprises cultivation profiles extending in a length direction (X), a width (Y) direction and a height direction (Z) (Tsai; two dimensions of the cultivation profiles of the plant beds 10 seen in FIG 1, in three dimensional setting would have a third dimension), wherein each cultivation profile comprises a bottom wall extending in the width direction (Y) and the length direction (X) and side walls connected to each side of the bottom wall and extending in the length direction (X) and the height direction (Z) (Tsai; see the cultivation profile of the plant bed 10 which has two dimensions, a bottom wall and side walls extending in two dimensions, in three dimensional setting would have the third dimension), wherein the cultivation profile comprises a top wall opposing the bottom wall and covering the side walls (Tsai; see the cultivation profile of the plant bed 10 which has two dimensions, the sidewalls and top wall covering the bottom wall and side walls, in three dimensional setting would have the third dimension), wherein the light circuit feeds light to the plant bed, (Tsai; see where LED 15 is feeding light to 10).
Tsai fails to teach a spacing circuit, the cultivation plant comprising a control unit configured to control the circuits, the cultivation room comprising a plant bed for plants and a plant yield control unit giving input on at least growth and/or quality of the plants to the control unit, the control unit storing driving parameters for the circuits and correlated input from the yield control unit, wherein the bottom wall leads the water in and out from the water circuit, wherein the top wall comprises openings for receiving plants to be cultivated, wherein the spacing unit spaces plants apart in the plant bed over time.
Vestergaard teaches a spacing circuit (Vestergaard; the spacing circuit spacing the beds apart in FIGs 3 and 4), wherein the bottom wall of the cultivation profile is configured to lead the water in and out from the water circuit (Vestergaard; liquid reservoir formed by the lower wall 24 which leads liquid in through 16 and out as it overflows the edges, falls into 25, and gets sent to a reception tank; Col 6 line 63 – Col 7 line 6), wherein the top wall comprises openings for receiving plants to be cultivated (Vestergaard; see FIG 3 where the openings are in the top wall, or FIG 4 where the stems represented by 22 are extending out of the openings), wherein the spacing unit spaces plants apart in the plant bed over time (Vestergaard; see FIGs 3 and 4 where over time as the plants reach different stages of growth, the beds are spaced further apart).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Tsai such that it has a spacing circuit, a bottom wall configured to lead water in and out of the circuit, the top wall having openings for plants, and the spacing unit spaces apart the plant bed over time as taught by Vestergaard. The motivation for doing so would be to have a cultivation profile which allows for the circulation of fresh water and nutrients throughout the plants and to allow precise positioning of plants at spaces based on growth stages to prevent overlapping and to promote growth.
Tsai as modified by Vestergaard fail to teach the cultivation plant comprising a control unit configured to control the circuits, and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit, the control unit being configured to store driving parameters for the circuits and correlated input from the yield control unit.
Canipe teaches the cultivation plant comprising a control unit configured to control the circuits (Canipe; controller 1102 controlling the liquid circulation, air circulation, tray handling, lighting management systems, see FIG 11), and a plant yield control unit giving input on at least growth and/or quality of the plants to the control unit (Canipe; vision system 1112 monitoring the growth of the plants [0080]), the control unit being storing driving parameters for the circuits and correlated input from the yield control unit (Canipe; [0096] controller 1102 comprising a system coupling the processor and memory; memory capable of storing driving parameters and input from the vision system, see FIG 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Tsai as modified by Vestergaard such that it comprises a control unit configured to control the circuits and a plant yield control unit to give input on growth of the plants to the control unit, and the control unit storing driving parameters for the circuits and inputs from the yield control unit via a processor and memory such as taught by Canipe. The motivation for doing so would be to automate the growth system by providing a control system capable of providing instructions to the various circuits and using yield control unit information to dictate changes in the system.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20110247265 A1) to Tsai as modified by (US 4166341 A) to Vestergaard and (US 20200352113 A1) to Canipe as applied to claim 1 above, in further view of (US 20180007845 A1) to Martin.
In regards to claim 10, Tsai as modified by Vestergaard and Canipe teach the cultivation plant according to claim 1, wherein the control unit is configured to change the parameters for an optimum efficiency of air given a predetermined quality and growth of the plants, wherein the control unit is configured to control the circuits based on yield and quality and based on optimum efficiency of each of the circuits (Canipe; [0036] providing optimized growth conditions for the plants for airflow) and the result of changes in the various circuits are reflected in the yield and quality and minimum use of air and used in a control loop arrangement to further enhance yield and quality and/or efficiency of air (In normal use, Canipe’s system would optimize the usage of air conditioning based on the plant growth, which would improve growth quality while reducing the amount of air required).
Tsai as modified by Vestergaard and Canipe fails to explicitly teach wherein the control unit is configured to change the parameters for an optimum efficiency of water, nutrition, heat and light given a predetermined quality and growth of the plants, wherein the control unit is configured to control the circuits based on yield and quality and based on optimum efficiency of each of the circuits and the result of changes in the various circuits are reflected in the yield and quality and minimum use of water, nutrition, heat and light and used in a control loop arrangement to further enhance yield and quality and/or efficiency of water, nutrition, heat and light.
Martin teaches wherein the control unit is configured to change the parameters for an optimum efficiency of water, nutrition, air, heat and light given a predetermined quality and growth of the plants, wherein the control unit is configured to control the circuits based on yield and quality and based on optimum efficiency of each of the circuits (Martin; [0049] having sensors and systems for controlling aspects of plant photosynthesis: including lighting, atmosphere, nutrient supply, water supply; [0059] where temperature, humidity, CO2 level lighting level, air composition, nutrient composition for increasing efficiency of plant growth are also controlled and detected; [0264] changes the environmental or other variables ideal for a plant based on stage of growth i.e. germination vs, seeding) and the result of changes in the various circuits are reflected in the yield and quality and minimum use of water, nutrition, air, heat and light and used in a control loop arrangement to further enhance yield and quality and/or efficiency of water, nutrition, air, heat and light (In normal use, Martin’s control system would minimize the use of these variables based on the needs of the plants, thus enhancing yield and quality and improving efficiency of the use of various circuits; see Martin [0073] which describes the light being configured to increase plant yield while reducing electricity consumption, reduced water consumption while increasing plant growth rate, etc; [0233] which describes costs analysis based on the usage of the variables and desired yield).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the control unit to change the parameters and optimize efficiency usage of the water, nutrition, air, heat, and light based on the plant growth, thus improving the yield and increasing efficiency by reducing electricity usage, water usage, etc. such as taught by Martin. The motivation for doing so would be to create a system which reduces costs of electricity and water usage while maximizing the possible output of plant growth.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20110247265 A1) to Tsai in view of (US 4166341 A) to Vestergaard and (US 10306847 B2) to Whitcher.
In regards to claim 12, Tsai teaches a cultivation plant comprising a cultivation plant comprising a cultivation room (Tsai; 1) comprising an air circuit (Tsai; air circuit comprising the air conditioner 12, the circuit comprising extraction of heat to cool air in room 1 [0015], also 100 and 102 where CO2 and O2 is exchanged), a water circuit (Tsai; water circuit comprising the dehumidification in air conditioner 12 [0015], H2O moving to water tank 13), a heat circuit (Tsai; heat circuit comprising the heat extracted via air conditioner 12 circulating via heat pump 14, LEDs 15, and exchanged with water heaters 16), a light circuit (Tsai; comprising LED 15 and solar cell 17, 404), a nutrition circuit (Tsai; comprising the water tank 13, and the passage of H2O through 202 to 10), the cultivation room comprising a plant bed for plants (Tsai; growing area 10), wherein the cultivation plant comprises an adjacent facility frequented by carbon dioxide generating entities (Tsai; building 2 or 11 with carbon dioxide entities such as people [0013] see FIG 1), the adjacent facility being arranged adjacent the cultivation room (Tsai; see FIG 1 with buildings 1 and 2 arranged adjacent each other, or 11 and 1), wherein the air circuit comprises an intake conduit configured to lead air from the adjacent facility to the air circuit (Tsai; via 100, 102 which allows for the passage of CO2 from 2, 11 to 1; thus capable of allowing the air to be air conditioned by the air conditioner 12 which is in building 1), wherein the air circuit comprises a dehumidification unit configured to dehumidify air in the air circuit (Tsai; [0015] dehumidification as part of the air conditioner’s function), wherein the dehumidification unit comprises an air inlet configured to receive air from the air circuit and an air outlet configured to feed dehumidified air to the plant bed (Tsai; inlet where heat and H2O enter the air conditioner 12, outlet where cool air is intended to exit back into 1 and thus be fed back to the plant beds 10 in 1 [0015]), wherein the dehumidification unit comprises a water outlet configured to feed condensed water to a water inlet of the water circuit (Tsai; the dehumidification unit of the air conditioner 12 passing condensed H2O through outlet and into inlet of 200, 13, see FIG 1) that in turn comprises a water outlet that feeds water to an inlet of the nutrition circuit (Tsai; water outlet in water tank 13 which feeds H2O into the nutrition circuit 202) that in turn comprises an outlet that feeds nutrition water to the plant bed (Tsai; outlet in 202 which feeds water to plant bed 10), wherein the dehumidification unit comprises a heat circuit exchanging heat with the adjacent facility (Tsai; dehumidification unit of air conditioner 12 sending heat via 302, 304, to exchange heat with the adjacent facility 2), the heat circuit is configured to shift excess heat from a light circuit and/or air circuit, to the adjacent facility (Tsai; see FIG 1 where heat from the LEDs goes to the heat pump 14 and is exchanged via 304 to the heat pump 24 in the adjacent facility), and the heat circuit is configured to shift heat from the adjacent facility to the plant bed when the plant bed requires more heat (Tsai; see FIG 1 where the heat from heat pump 24 in the adjacent facility is transferred to the water heater 16 and the heat pump 14 which transfers heat with the water tank 13 which applies water via 202 to the plant bed 10, also where heat is applied to the room where the plant beds are, thereby heat being shifted from the adjacent facility to the plant bed through the air), wherein the plant bed comprises cultivation profiles extending in a length direction, a width direction and a height direction (Tsai; two dimensions of the cultivation profiles of the plant beds 10 seen in FIG 1, in three dimensional setting would have a third dimension), wherein each cultivation profile comprises a bottom wall extending in the width direction and the length direction and side walls connected to each side of the bottom wall and extending in the length direction and the height direction (Tsai; see the cultivation profile of the plant bed 10 which has two dimensions, a bottom wall and side walls extending in two dimensions, in three dimensional setting would have the third dimension), wherein the cultivation profile comprises a top wall opposing the bottom wall and covering the side walls (Tsai; see the cultivation profile of the plant bed 10 which has two dimensions, the sidewalls and top wall covering the bottom wall and side walls, in three dimensional setting would have the third dimension), wherein the light circuit is configured to feed light to the plant bed (Tsai; see where LED 15 is feeding light to 10).
Tsai fails to teach a spacing circuit, the cultivation plant comprising a control unit configured to control the circuits, and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit, the plant yield control unit includes at least one sensor, said sensor is operable to monitor at least one of plant color, height, width, smell, taste, density, the control unit being configured to store and optimize driving parameters for the circuits and correlated input from the yield control unit, artificial intelligence is used to vary the driving parameters based on input parameters from the plant yield control unit, wherein the bottom wall is configured to lead the water in and out from the water circuit, wherein the top wall comprises openings for receiving plants to be cultivated, wherein the spacing unit is configured to space plants apart in the plant bed over time.
Vestergaard teaches a spacing circuit (Vestergaard; the spacing circuit spacing the beds apart in FIGs 3 and 4), wherein the bottom wall of the cultivation profile is configured to lead the water in and out from the water circuit (Vestergaard; liquid reservoir formed by the lower wall 24 which leads liquid in through 16 and out as it overflows the edges, falls into 25, and gets sent to a reception tank; Col 6 line 63 – Col 7 line 6), wherein the top wall comprises openings for receiving plants to be cultivated (Vestergaard; see FIG 3 where the openings are in the top wall, or FIG 4 where the stems represented by 22 are extending out of the openings), wherein the spacing unit is configured to space plants apart in the plant bed over time (Vestergaard; see FIGs 3 and 4 where over time as the plants reach different stages of growth, the beds are spaced further apart).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tsai such that it has a spacing circuit, a bottom wall configured to lead water in and out of the circuit, the top wall having openings for plants, and the spacing unit configured to space apart the plant bed over time as taught by Vestergaard. The motivation for doing so would be to have a cultivation profile which allows for the circulation of fresh water and nutrients throughout the plants and to allow precise positioning of plants at spaces based on growth stages to prevent overlapping and to promote growth.
Tsai as modified by Vestergaard fails to teach the cultivation plant comprising a control unit configured to control the circuits, and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit, the plant yield control unit includes at least one sensor, said sensor is operable to monitor at least one of plant color, height, width, smell, taste, density, the control unit being configured to store and optimize driving parameters for the circuits and correlated input from the yield control unit, artificial intelligence is used to vary the driving parameters based on input parameters from the plant yield control unit.
Whitcher teaches the cultivation plant comprising a control unit configured to control the circuits (Whitcher; control system 600 which controls the growth conditions 610 for a crop including light, temperature, humidity, water, nutrients, etc.), and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit (Whitcher; sensors monitoring the output characteristics 695 of the crop), the plant yield control unit includes at least one sensor, said sensor is operable to monitor at least one of plant color, height, width, smell, taste, density (Whitcher; Col 33 lines 6-9 where sensors monitor plant color and flavor), the control unit being configured to store and optimize driving parameters for the circuits and correlated input from the yield control unit, artificial intelligence is used to vary the driving parameters based on input parameters from the plant yield control unit (Whitcher; Col 32 line 65 – Col 33 line 5; artificial intelligence used to optimize the growth conditions based on the data input from the sensors detecting plant yield; stored algorithm in 655, see FIG 21A).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tsai as modified by Vestergaard such that it comprises a control unit configured to control the circuits and a plant yield control unit configured to give input on growth of the plants to the control unit with sensors to monitor the plants and optimize the driving parameters for the circuits based on the information, using artificial intelligence as taught by Whitcher. The motivation for doing so would be to automate the growth system by providing a control system capable of providing instructions to the various circuits and using yield control unit information to dictate automated changes in the system.
In regards to claim 13, Tsai teaches a cultivation plant comprising a cultivation plant comprising a cultivation room (Tsai; 1) comprising an air circuit (Tsai; air circuit comprising the air conditioner 12, the circuit comprising extraction of heat to cool air in room 1 [0015], also 100 and 102 where CO2 and O2 is exchanged), a water circuit (Tsai; water circuit comprising the dehumidification in air conditioner 12 [0015], H2O moving to water tank 13), a heat circuit (Tsai; heat circuit comprising the heat extracted via air conditioner 12 circulating via heat pump 14, LEDs 15, and exchanged with water heaters 16), a light circuit (Tsai; comprising LED 15 and solar cell 17, 404), a nutrition circuit (Tsai; comprising the water tank 13, and the passage of H2O through 202 to 10), the cultivation room comprising a plant bed for plants (Tsai; growing area 10), wherein the cultivation plant comprises an adjacent facility frequented by carbon dioxide generating entities (Tsai; building 2 or 11 with carbon dioxide entities such as people [0013] see FIG 1), the adjacent facility being arranged adjacent the cultivation room (Tsai; see FIG 1 with buildings 1 and 2 arranged adjacent each other, or 11 and 1), wherein the air circuit comprises an intake conduit configured to lead air from the adjacent facility to the air circuit (Tsai; via 100, 102 which allows for the passage of CO2 from 2, 11 to 1; thus capable of allowing the air to be air conditioned by the air conditioner 12 which is in building 1), wherein the air circuit comprises a dehumidification unit configured to dehumidify air in the air circuit (Tsai; [0015] dehumidification as part of the air conditioner’s function), wherein the dehumidification unit comprises an air inlet configured to receive air from the air circuit and an air outlet configured to feed dehumidified air to the plant bed (Tsai; inlet where heat and H2O enter the air conditioner 12, outlet where cool air is intended to exit back into 1 and thus be fed back to the plant beds 10 in 1 [0015]), wherein the dehumidification unit comprises a water outlet configured to feed condensed water to a water inlet of the water circuit (Tsai; the dehumidification unit of the air conditioner 12 passing condensed H2O through outlet and into inlet of 200, 13, see FIG 1) that in turn comprises a water outlet that feeds water to an inlet of the nutrition circuit (Tsai; water outlet in water tank 13 which feeds H2O into the nutrition circuit 202) that in turn comprises an outlet that feeds nutrition water to the plant bed (Tsai; outlet in 202 which feeds water to plant bed 10), wherein the dehumidification unit comprises a heat circuit exchanging heat with the adjacent facility (Tsai; dehumidification unit of air conditioner 12 sending heat via 302, 304, to exchange heat with the adjacent facility 2), wherein the plant bed comprises cultivation profiles extending in a length direction, a width direction and a height direction (Tsai; two dimensions of the cultivation profiles of the plant beds 10 seen in FIG 1, in three dimensional setting would have a third dimension), wherein each cultivation profile comprises a bottom wall extending in the width direction and the length direction and side walls connected to each side of the bottom wall and extending in the length direction and the height direction (Tsai; see the cultivation profile of the plant bed 10 which has two dimensions, a bottom wall and side walls extending in two dimensions, in three dimensional setting would have the third dimension), wherein the cultivation profile comprises a top wall opposing the bottom wall and covering the side walls (Tsai; see the cultivation profile of the plant bed 10 which has two dimensions, the sidewalls and top wall covering the bottom wall and side walls, in three dimensional setting would have the third dimension), wherein the light circuit is configured to feed light to the plant bed (Tsai; see where LED 15 is feeding light to 10).
Tsai fails to teach a spacing circuit, the cultivation plant comprising a control unit configured to control the circuits, and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit, the plant yield control unit includes a sensor, said sensor is operable to monitor at least one of plant color, height, width, smell, taste, or density, the control unit being configured to optimize driving parameters for the circuits and correlated input from the yield control unit wherein the bottom wall is configured to lead the water in and out from the water circuit, wherein the top wall comprises openings for receiving plants to be cultivated, wherein the spacing unit is configured to space plants apart in the plant bed over time.
Vestergaard teaches a spacing circuit (Vestergaard; the spacing circuit spacing the beds apart in FIGs 3 and 4), wherein the bottom wall of the cultivation profile is configured to lead the water in and out from the water circuit (Vestergaard; liquid reservoir formed by the lower wall 24 which leads liquid in through 16 and out as it overflows the edges, falls into 25, and gets sent to a reception tank; Col 6 line 63 – Col 7 line 6), wherein the top wall comprises openings for receiving plants to be cultivated (Vestergaard; see FIG 3 where the openings are in the top wall, or FIG 4 where the stems represented by 22 are extending out of the openings), wherein the spacing unit is configured to space plants apart in the plant bed over time (Vestergaard; see FIGs 3 and 4 where over time as the plants reach different stages of growth, the beds are spaced further apart).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tsai such that it has a spacing circuit, a bottom wall configured to lead water in and out of the circuit, the top wall having openings for plants, and the spacing unit configured to space apart the plant bed over time as taught by Vestergaard. The motivation for doing so would be to have a cultivation profile which allows for the circulation of fresh water and nutrients throughout the plants and to allow precise positioning of plants at spaces based on growth stages to prevent overlapping and to promote growth.
Tsai as modified by Vestergaard fails to teach the cultivation plant comprising a control unit configured to control the circuits, and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit, the plant yield control unit includes a sensor, said sensor is operable to monitor at least one of plant color, height, width, smell, taste, or density, the control unit being configured to optimize driving parameters for the circuits and correlated input from the yield control unit.
Whitcher teaches the cultivation plant comprising a control unit configured to control the circuits (Whitcher; control system 600 which controls the growth conditions 610 for a crop including light, temperature, humidity, water, nutrients, etc.), and a plant yield control unit configured to give input on at least growth and/or quality of the plants to the control unit (Whitcher; sensors monitoring the output characteristics 695 of the crop), the plant yield control unit includes a sensor, said sensor is operable to monitor at least one of plant color, height, width, smell, taste, or density (Whitcher; Col 33 lines 6-9 where sensors monitor plant color and flavor), the control unit being configured to optimize driving parameters for the circuits and correlated input from the yield control unit, (Whitcher; Col 32 line 65 – Col 33 line 5; artificial intelligence used to optimize the growth conditions based on the data input from the sensors detecting plant yield; see FIG 21A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tsai as modified by Vestergaard such that it comprises a control unit configured to control the circuits and a plant yield control unit configured to give input on growth of the plants to the control unit with sensors to monitor the plants and optimize the driving parameters for the circuits based on the information, using artificial intelligence as taught by Whitcher. The motivation for doing so would be to automate the growth system by providing a control system capable of providing instructions to the various circuits and using yield control unit information to dictate automated changes in the system.
In regards to claim 14, Tsai as modified by Vestergaard and Whitcher teach the cultivation plant as claimed in claim 13, wherein artificial intelligence is used to vary the driving parameters based on input parameters from the plant yield control unit (Whitcher; Col 32 line 65 – Col 33 line 5; artificial intelligence used to optimize the growth conditions based on the data input from the sensors detecting plant yield; see FIG 21A).
In regards to claim 15, Tsai as modified by Vestergaard and Whitcher teach the cultivation plant as claimed in claim 13, wherein the dehumidification unit comprises a heat circuit exchanging heat with the adjacent facility, the heat circuit is operable to shift excess heat from a light circuit and/or air circuit to the adjacent facility (Tsai; see FIG 1 where heat from the LEDs goes to the heat pump 14 and is exchanged via 304 to the heat pump 24 in the adjacent facility).
In regards to claim 16, Tsai as modified by Vestergaard and Whitcher teach the cultivation plant as claimed in claim 13, wherein the heat circuit is configured to shift heat from the adjacent facility to the plant bed when the plant bed requires more heat (Tsai; see FIG 1 where the heat from heat pump 24 in the adjacent facility is transferred to the water heater 16 and the heat pump 14 which transfers heat with the water tank 13 which applies water via 202 to the plant bed 10, also where heat is applied to the room where the plant beds are, thereby heat being shifted from the adjacent facility to the plant bed through the air).
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive.
Applicant argues that Tsai “focuses on capturing and reusing waste heat internally. This suggests teaching away from the claimed concept of reexporting that heat to an entirely separate, adjacent facility.”
Examiner respectfully disagrees and indicates that Tsai teaches the exchange of heat and reuse of heat between systems within the green facility 1 with an adjacent, separate facility 2 as seen in FIG 1. Conduit 304 demonstrates the exchange of heat between the two buildings, where the transfer of heat is shown to go both ways with the two-direction arrows, and the lower conduit 206 demonstrates the exchange of water between the two adjacent buildings. [0013] and [0016] additionally describes this process by which the green building 1 transfers heat from one location to another location, where heat pump 14 receives heat from lighting devices or may receive heat from the heat pump 24 in the general purpose building 2; as well as the transfer of carbon dioxide between an adjacent building with more people. Therefore Tsai teaches the claims as written.
Applicant also argues that there is no motivation to combine Tsai with Vestergaard and Canipe.
Examiner respectfully disagrees and indicates all three references are related to systems for growing and controlling growth environments, and one of ordinary skill in the art when improving upon Tsai would have been motivated to improve the growing trays 10 with the teachings of Vestergaard, as well as improve the optimization and control of the circuits maintaining the growth systems within 1 utilizing the teachings of Canipe and/or Whitcher.
Applicant’s arguments with respect to claim(s) 12-15 with respect to the new limitations 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.
Specifically, Whitcher has been introduced to teach these claim limitations.
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 KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KIMBERLY BERONA can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647