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 .
Response to Arguments
Applicant's arguments filed April 10, 2026 have been fully considered but they are not persuasive.
In response to Applicant's argument on page 7 pertaining to “The central and distinguishing feature of amended claim 1 is a plant cultivation device that measures the actual photosynthesis rate of the plant — by means of a CO2 and/or O2 gas sensor — and adjusts the lighting parameters based on a determined correlation between those lighting parameters and the measured photosynthesis rate. This constitutes a closed-loop feedback control system in which the physiological state of the plant itself serves as the control variable. Neither Dobrinsky nor Westlind, alone or in combination, discloses this feature.”. The Examiner respectfully disagrees.
Westlind discloses an indoor environment for plant cultivation (greenhouse) (¶ 28 indoor horticultural system having improved photon directional control and environment conditioning capabilities). Greenhouses have sensors as known in the art to optimize crop health and resource efficiency. An example of greenhouse sensors are: temperature, humidity, CO2, pH, EC, soil moisture, light, wind speed, pressure, and leaf wetness. The sensors are used for closed-loop feedback control to maintain the optimum environment for plant cultivation.
In response to Applicant's argument on page 7 – 8 pertaining to “ Regarding Westlind: The Examiner maps the claimed correlation between lighting parameters and measured photosynthesis rate to Westlind [0037], which states that lighting systems "can be fixed or adjustable to maintain ideal Photosynthetic Photon Flux Density (PPFD)," However, PPFD) is a measure of the light intensity incident on the plant — it is not a measurement of the plant's actual photosynthetic activity. Westlind describes a feedforward system that adjusts light output toward a predefined target value. At no point in Westlind is the actual photosynthesis rate of the plant measured. Westlind contains no CO2 sensor, no O2 sensor, no fluorescence measurement, and no other mechanism for measuring the physiological photosynthetic response of the plant”. The Examiner respectfully disagrees.
AS mentioned above, Westlind discloses an indoor environment for plant cultivation (greenhouse) (¶ 28 indoor horticultural system having improved photon directional control and environment conditioning capabilities). The indoor environment disclosed by Westlind has sensors (temperature, humidity, CO2, pH, EC, soil moisture, light, wind speed, pressure, and leaf wetness) for measuring the physiological photosynthetic response of the plant.
In response to Applicant's argument on page 8 pertaining to “Regarding Dobrinsky: While Dobrinsky mentions CO2 sensors ([0032]), these are not disclosed in the context of a feedback loop that adjusts lighting parameters based on a measured photosynthesis rate. Dobrinsky's sensors are referenced in the context of environmental monitoring, not as the basis for a correlation-driven lighting control as claimed.”. The Examiner respectfully disagrees.
Dobrinsky discloses using feedback to control/adjust requirements that enable plant growth (¶ 40 The plant feedback component 46B can include a set of I/O devices, which can acquire plant data that enables the plant growth component 46 (e.g., an onboard control device) to determine what assistance the plant requires).
In response to Applicant's argument on page 8 pertaining to “The Examiner maps the "learning or self-learning system" of claim 13 to Waumans [0021 ], which states that "the beam flux may be changed with time, when sensor signal indicates that the growth of the horticultural growth is too slow." This is a simple conditional rule — a fixed if-then response — and does not constitute a learning or self-learning system in any recognized technical sense. A learning or self-learning system, such as a neural network, reinforcement learning system, or other machine learning architecture, iteratively improves its behavior based on accumulated experience. Waumans [0021] describes no such mechanism. The Examiner's mapping of a basic conditional adjustment to the claimed learning system is therefore not supported.”. The Examiner respectfully disagrees.
The learning or self-learning system as recited by the claim takes input data and adjusts the output depending on the input. Waumans discloses the same plant cultivation system. Sensors provide input data to control 30 unit which uses this data to learn and adjust the parameters required for the plant to grow. The learning or self-learning is not different changing the output based on inputs since the claim does not further define more about the learning or self-learning limitation.
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, 2, 4, 6 – 12, 14, 15, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky et al (US 2018/0028700 A1) (herein after Dobrinsky) in view of WESTLIND (US 2022/0287246 A1) (herein after Westlind).
Regarding Claim 1, Dobrinsky discloses, a plant cultivation device (Fig. 1, ¶ 22, 24 cultivated area, environment 10), comprising: - an irrigation device (Fig. 1, ¶ 33 environmental devices 14C include: a water source); - a lighting device (Fig. 1, ¶ 33 environmental devices 14C include: a light (e.g., visible, ultraviolet, infrared, and/or the like) source); — a control unit (Fig. 1, control system 12) arranged to control the watering device and the lighting device by means of a program control (Fig. 1, ¶ 24 control system 12 control program 30, which can cause the computer system 20 to operate the I/O devices 14A-14C); wherein the lighting device is variable in its lighting parameters (Fig. 1, ¶ 38 control system includes a central control component 40; ¶ 45 central control component 40 can make one or more adjustments, intensity, and/or spectral power distribution), in that the plant growth promotion device has an optical evaluation unit (Fig. 1, ¶ 45 visible camera 14B, which can acquire image data) for determining the plant type and its growth stage, its vitality and for diagnosing mold infestation (Fig. 1, ¶ 32 determine an overall health of the plant 2; ¶ 24 controlling mildew on a plant 2), — and in that the plant cultivation device has a sensor for determining the photosynthesis rate in the form of a CO2 and/or an O2 gas sensor (Fig. 1, ¶ 32 gas (e.g., carbon dioxide) sensors), —.
Dobrinsky fails to disclose, — - a receiving space for receiving one or more carrier substrates and seed; — and in that the plant growth promotion device adjusts the lighting parameters of the lighting device following a determined correlation between the lighting parameters and the measured photosynthesis rate and/or the measured plant growth, — and in that a plurality of light sources above and/or to the side of and/or below the plant are controlled by the control unit in such a way that the direction of growth of the plant along radii of curvature is selected in such a way that the area utilization of the carrier substrates is increased.
In analogous art, Westlind discloses, — - a receiving space (Fig. 4, ¶ 31 apertures 118) for receiving one or more carrier substrates and seed (Fig. 4, ¶ 47 the seed, seedlings or clones are inserted into the vertical field apertures); — and in that the plant growth promotion device adjusts the lighting parameters of the lighting device (Fig. 1, ¶ 37 lighting systems 110A-G/116A-C can be adjustable) following a determined correlation between the lighting parameters and the measured photosynthesis rate and/or the measured plant growth (Fig. 1, ¶ 37 adjustable to maintain ideal Photosynthetic Photon Flux Density (PPFD)), — and in that a plurality of light sources above and/or to the side of and/or below the plant are controlled by the control unit in such a way that the direction of growth of the plant along radii of curvature (Fig. 1, ¶ 35 LEDs 110, 116, configured to deliver a light intensity sufficient to enable directed phototropism) is selected in such a way that the area utilization of the carrier substrates is increased (Fig. 1, ¶ 35 thereby serving as an aid in maximizing the limited space).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky by combining the plant cultivation device disclosed by Dobrinsky with a plant cultivation device comprising, a receiving space for receiving one or more carrier substrates and seed; and in that the plant growth promotion device adjusts the lighting parameters of the lighting device following a determined correlation between the lighting parameters and the measured photosynthesis rate and/or the measured plant growth, and in that a plurality of light sources above and/or to the side of and/or below the plant are controlled by the control unit in such a way that the direction of growth of the plant along radii of curvature is selected in such a way that the area utilization of the carrier substrates is increased; taught by Westlind for the benefit of providing a controlled plant growth environment enabling efficient use of space [Westlind: ¶ 10 provides a controlled phototropic growth environment configured to encourage directional control of plant growth of one or more planted crops, thereby enabling a more efficient use of space].
Regarding Claim 2, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky fails to disclose, the plant cultivation device according to claim 1, wherein the lighting device is designed in such a way that light can be irradiated along different light cones and that light is irradiated with a higher intensity in the area of a first light cone, in the area of which plant growth is to be increased more strongly, than in the area of a second light cone.
Westlind further discloses, the plant cultivation device according to claim 1, wherein the lighting device is designed in such a way that light can be irradiated along different light cones (Fig. 1, ¶ 29 directional control) and that light is irradiated with a higher intensity in the area of a first light cone (Fig. 1, ¶ 29 shadow or light differential), in the area of which plant growth is to be increased more strongly (Fig. 1, ¶ 29 encouraging plant growth in a particular direction), than in the area of a second light cone (Fig. 1, ¶ 29 shadow or light differential).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining the plant cultivation device disclosed by Dobrinsky in view of Westlind with a plant cultivation device wherein, the lighting device is designed in such a way that light can be irradiated along different light cones and that light is irradiated with a higher intensity in the area of a first light cone, in the area of which plant growth is to be increased more strongly, than in the area of a second light cone; taught by Westlind for the benefit of providing a controlled plant growth environment enabling efficient use of space [Westlind: ¶ 10 provides a controlled phototropic growth environment configured to encourage directional control of plant growth of one or more planted crops, thereby enabling a more efficient use of space].
Regarding Claim 4, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky further discloses, the plant cultivation device according to claim 1, wherein the lighting device comprises several light sources above and/or to the side and/or below the plant (Fig. 1, ¶ 70 position and/or direction from where the ultraviolet radiation is delivered can be adjusted, illumination from below the leaves), in that the light sources can emit visible light as well as light in the UV and IR spectrum (Fig. 1, ¶ 33 light (e.g., visible, ultraviolet, infrared, and/or the like) source), and in that the lighting parameters which can be varied by the control device comprise the distance of the light sources from the plants (Fig. 1, ¶ 45 adjustments to a position (vertical and/or horizontal) of the I/O devices with respect to the plant), the radiation angle, the intensity and the spectral composition of the emitted visible and/or invisible light of the light sources (Fig. 1, ¶ 45 intensity, and/or spectral power distribution).
Regarding Claim 6, Dobrinsky in view of Westlind disclose the limitations of claim 5, which this claim depends on.
Dobrinsky fails to disclose, the plant cultivation device according to claim 5, wherein the plant cultivation device is sealed off from the outside air.
Westlind further discloses, the plant cultivation device according to claim 5, wherein the plant cultivation device is sealed off from the outside air (Fig. 1, ¶ 42 the enclosure can be of panels to create a sealed, controlled growth environment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining the plant cultivation device disclosed by Dobrinsky in view of Westlind with a plant cultivation device wherein, the plant cultivation device is sealed off from the outside air; taught by Westlind for the benefit of providing a controlled plant growth environment enabling efficient use of space [Westlind: ¶ 10 provides a controlled phototropic growth environment configured to encourage directional control of plant growth of one or more planted crops, thereby enabling a more efficient use of space].
Regarding Claim 7, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky further discloses, the plant cultivation device according to claim 1, wherein the optical evaluation unit comprises one or more cameras which, in addition to visible light, can also measure IR radiation (Fig. 1, ¶ 55 visible camera, infrared).
Regarding Claim 8, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky further discloses, the plant cultivation device according to claim 1, wherein the optical evaluation unit determines the photosynthesis rate by means of fluorescence measurements (Fig. 1, ¶ 56 fluorescent signal (e.g., strength of fluorescence)).
Regarding Claim 9, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky further discloses, the plant cultivation device according to claim 1, wherein the device comprises a ventilation device (Fig. 1, ¶ 33 an air source), which can be regulated by the control device, for pollinating flowers and/or for freeing the plants from mold infestation (Fig. 1, ¶ 24 controlling mildew on a plant 2).
Regarding Claim 10, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky further discloses, the plant cultivation device according to claim 1, wherein the irrigation device is formed by open channels (Fig. 1, ¶ 33 water source), and in that sensors, in particular for measuring a conductance value and/or a pH value (Fig. 1, ¶ 50 water levels within the soil; water pH balance), are formed for determining the quality of the water supplied and discharged (Fig. 1, ¶ 58 quality for evaluation).
Regarding Claim 11, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky fails to disclose, the plant cultivation device according to claim 1, wherein the control unit detecting the correlation is a PID controller, and that the lighting unit is controlled in such a way that when growth saturation is reached, the intensity of the light sources is not increased further.
Westlind further discloses, the plant cultivation device according to claim 1, wherein the control unit detecting the correlation is a PID controller (Fig. 1, ¶ 33 establish a light recipe), and that the lighting unit is controlled in such a way that when growth saturation is reached (Fig. 1, ¶ 33 optimal growth conditions), the intensity of the light sources is not increased further (Fig. 1, ¶ 33 ideal light spectrum across a growth season from seedling to harvest).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining the plant cultivation device disclosed by Dobrinsky in view of Westlind with a plant cultivation device wherein, the control unit detecting the correlation is a PID controller, and that the lighting unit is controlled in such a way that when growth saturation is reached, the intensity of the light sources is not increased further; taught by Westlind for the benefit of providing a controlled plant growth environment enabling efficient use of space [Westlind: ¶ 10 provides a controlled phototropic growth environment configured to encourage directional control of plant growth of one or more planted crops, thereby enabling a more efficient use of space].
Regarding Claim 12, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky further discloses, the plant cultivation device according to claim 1, wherein the device is vertically extendable in the form of a module (Fig. 1, ¶ 45 adjustments to a position (vertical and/or horizontal) of the I/O devices with respect to the plant).
Regarding Claim 14, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky fails to disclose, a method for operating a plant cultivation device, with a lighting device, in particular for operating a plant cultivation device according to A method for operating a plant cultivation device, with a lighting device, in particular for operating a plant cultivation device according to wherein illumination parameters of the illumination device are adjusted and in that several light sources above and/or to the side and/or below the plant are controlled by the control unit in such a way that the direction of growth of the plant along radii of curvature is selected in such a way that the area utilization of the carrier substrates is increased.
Westlind further discloses, a method for operating a plant cultivation device (Fig. 4, ¶ 61 methods have been described herein), with a lighting device (Fig. 1, ¶ 35 LEDs 110, 116), in particular for operating a plant cultivation device according to claim 1, wherein illumination parameters of the illumination device are adjusted (Fig. 1, ¶ 37 lighting systems 110A-G/116A-C can be adjustable) and in that several light sources above and/or to the side and/or below the plant are controlled by the control unit in such a way that the direction of growth of the plant along radii of curvature (Fig. 1, ¶ 35 LEDs 110, 116, configured to deliver a light intensity sufficient to enable directed phototropism) is selected in such a way that the area utilization of the carrier substrates is increased (Fig. 1, ¶ 35 thereby serving as an aid in maximizing the limited space).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining method for operating the plant cultivation device disclosed by Dobrinsky in view of Westlind with a method for operating a plant cultivation device wherein, illumination parameters of the illumination device are adjusted and in that several light sources above and/or to the side and/or below the plant are controlled by the control unit in such a way that the direction of growth of the plant along radii of curvature is selected in such a way that the area utilization of the carrier substrates is increased; taught by Westlind for the benefit of providing a controlled plant growth environment enabling efficient use of space [Westlind: ¶ 10 provides a controlled phototropic growth environment configured to encourage directional control of plant growth of one or more planted crops, thereby enabling a more efficient use of space].
Regarding Claim 15, Dobrinsky in view of Westlind disclose the limitations of claim 14, which this claim depends on.
Dobrinsky fails to disclose, the method according to The method according to wherein the lighting parameters of the lighting device are adapted in such a way that light is irradiated along different light cones from one another and in that light is irradiated with a higher intensity in the region of a first light cone, in the region of which plant growth is to be increased more strongly, than in the region of a second light cone.
Westlind further discloses, the method according to claim 14, wherein the lighting parameters of the lighting device are adapted in such a way that light is irradiated along different light cones (Fig. 1, ¶ 29 directional control) from one another and in that light is irradiated with a higher intensity in the region of a first light cone (Fig. 1, ¶ 29 shadow or light differential), in the region of which plant growth is to be increased more strongly (Fig. 1, ¶ 29 encouraging plant growth in a particular direction), than in the region of a second light cone (Fig. 1, ¶ 29 shadow or light differential).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining method for operating the plant cultivation device disclosed by Dobrinsky in view of Westlind with a method for operating a plant cultivation device wherein, the lighting parameters of the lighting device are adapted in such a way that light is irradiated along different light cones from one another and in that light is irradiated with a higher intensity in the region of a first light cone, in the region of which plant growth is to be increased more strongly, than in the region of a second light cone; taught by Westlind for the benefit of providing a controlled plant growth environment enabling efficient use of space [Westlind: ¶ 10 provides a controlled phototropic growth environment configured to encourage directional control of plant growth of one or more planted crops, thereby enabling a more efficient use of space].
Regarding Claim 17, Dobrinsky in view of Westlind disclose the limitations of claim 14, which this claim depends on.
Dobrinsky further discloses, the method according to claim 14, wherein an optical evaluation unit (Fig. 1, ¶ 45 visible camera 14B, which can acquire image data) of the plant cultivation device is used to determine the plant species and its growth stage, its vitality and to diagnose mold infestation (Fig. 1, ¶ 32 determine an overall health of the plant 2; ¶ 24 controlling mildew on a plant 2), —
Dobrinsky fails to disclose, — and in that, in order to promote plant growth, the lighting parameters of the lighting device are adjusted following a determined correlation between the lighting parameters and the measured photosynthesis rate and/or the measured plant growth.
Westlind further discloses, — and in that, in order to promote plant growth, the lighting parameters of the lighting device are adjusted (Fig. 1, ¶ 37 lighting systems 110A-G/116A-C can be adjustable) following a determined correlation between the lighting parameters and the measured photosynthesis rate and/or the measured plant growth (Fig. 1, ¶ 37 adjustable to maintain ideal Photosynthetic Photon Flux Density (PPFD)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining method for operating the plant cultivation device disclosed by Dobrinsky in view of Westlind with a method for operating a plant cultivation device, in order to promote plant growth, the lighting parameters of the lighting device are adjusted following a determined correlation between the lighting parameters and the measured photosynthesis rate and/or the measured plant growth; taught by Westlind for the benefit of providing a controlled plant growth environment enabling efficient use of space [Westlind: ¶ 10 provides a controlled phototropic growth environment configured to encourage directional control of plant growth of one or more planted crops, thereby enabling a more efficient use of space].
Claim(s) 3, 13, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Dobrinsky et al (US 2018/0028700 A1) (herein after Dobrinsky) in view of WESTLIND (US 2022/0287246 A1) (herein after Westlind), and further in view of Waumans et al (US 2011/0115385 A1) (herein after Waumans).
Regarding Claim 3, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky in view of Westlind fail to disclose, the plant cultivation device according to claim 1, wherein the plant cultivation device is provided with a detection unit for a spatial extent of plants, in that the detection unit is designed such that the detection unit can transmit the detected spatial extent of the plants to an evaluation unit, in that the evaluation unit is set up such that it can carry out a comparison between the detected spatial extent of the plants and setpoint values for the spatial extent of the plants, and in that the evaluation unit is set up such that it can carry out a comparison between the detected spatial extent of the plants and setpoint values for the spatial extent of the plants, in that it can carry out a comparison between the detected spatial extent of the plants and setpoint values for the spatial extent of the plants, and in that the evaluation unit can generate data for adapting the lighting parameters as a function of the comparison between the detected spatial extent of the plants and the setpoint values for the spatial extent of the plants and can transmit said data to the control unit.
In analogous art, Waumans discloses, the plant cultivation device according to claim 1, wherein the plant cultivation device is provided with a detection unit for a spatial extent of plants (Fig. 1, ¶ 47 sensor is 50 especially arranged to sense (or monitor) the horticultural growth 100), in that the detection unit is designed such that the detection unit can transmit the detected spatial extent of the plants to an evaluation unit (Fig. 1, control 30 unit), in that the evaluation unit is set up such that it can carry out a comparison between the detected spatial extent of the plants and setpoint values (Fig. 1, ¶ 81 predefined types of horticultural growth 100) for the spatial extent of the plants, and in that the evaluation unit is set up such that it can carry out a comparison between the detected spatial extent of the plants and setpoint values (Fig. 1, ¶ 81 predefined types of horticultural growth 100) for the spatial extent of the plants, in that it can carry out a comparison between the detected spatial extent of the plants and setpoint values (Fig. 1, ¶ 81 predefined types of horticultural growth 100) for the spatial extent of the plants, and in that the evaluation unit can generate data for adapting the lighting parameters (Fig. 1, ¶ 47 control unit 30 derives from the sensor signal of the sensor 50 the information (especially horticultural growth characteristics) to control the lighting unit 10) as a function of the comparison between the detected spatial extent of the plants and the setpoint values for the spatial extent of the plants (Fig. 1, ¶ 48 characteristics from the sensor signal selected from the group consisting of horticultural growth type, horticultural growth size, speed of growth) and can transmit said data to the control unit.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining the plant cultivation device disclosed by Dobrinsky in view of Westlind with a plant cultivation device wherein, the plant cultivation device is provided with a detection unit for a spatial extent of plants, in that the detection unit is designed such that the detection unit can transmit the detected spatial extent of the plants to an evaluation unit, in that the evaluation unit is set up such that it can carry out a comparison between the detected spatial extent of the plants and setpoint values for the spatial extent of the plants, and in that the evaluation unit is set up such that it can carry out a comparison between the detected spatial extent of the plants and setpoint values for the spatial extent of the plants, in that it can carry out a comparison between the detected spatial extent of the plants and setpoint values for the spatial extent of the plants, and in that the evaluation unit can generate data for adapting the lighting parameters as a function of the comparison between the detected spatial extent of the plants and the setpoint values for the spatial extent of the plants and can transmit said data to the control unit; taught by Waumans for the benefit of growing a plant efficiently by adjusting lighting parameters [Waumans: ¶ 18 the changing total leaf area as a function of the growth of the horticultural growth may efficiently be controlled by means of the illumination during the growth, since the illumination arrangement may tune the beam shape and/or beam flux and/or beam spectrum with respect to time].
Regarding Claim 13, Dobrinsky in view of Westlind disclose the limitations of claim 1, which this claim depends on.
Dobrinsky in view of Westlind fail to disclose, the plant cultivation device according to claim 1, wherein the program control of the control device is implemented by a learning or self-learning system.
In analogous art, Waumans discloses, the plant cultivation device according to claim 1, wherein the program control of the control device is implemented by a learning or self-learning system (Fig. 1, ¶ 21 beam flux may be changed with time, when sensor signal indicates that the growth of the horticultural growth is too slow).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining the plant cultivation device disclosed by Dobrinsky in view of Westlind with a plant cultivation device wherein, the program control of the control device is implemented by a learning or self-learning system; taught by Waumans for the benefit of growing a plant efficiently by adjusting lighting parameters [Waumans: ¶ 18 the changing total leaf area as a function of the growth of the horticultural growth may efficiently be controlled by means of the illumination during the growth, since the illumination arrangement may tune the beam shape and/or beam flux and/or beam spectrum with respect to time].
Regarding Claim 16, Dobrinsky in view of Westlind disclose the limitations of claim 14, which this claim depends on.
Dobrinsky in view of Westlind fail to disclose, the method according to claim 14, wherein a detection unit detects a spatial extent of plants, that the detection unit transmits the detected spatial extent of the plants to an evaluation unit, that the evaluation unit carries out a comparison between the detected spatial extent of the plants and set values for the spatial extent of the plants and that the evaluation unit generates data for an adaptation of the lighting parameters in dependence on the comparison between the detected spatial extent of the plants and the set values for the spatial extent of the plants and transmits them to the control unit.
In analogous art, Waumans discloses, the method according to claim 14, wherein a detection unit detects a spatial extent of plants (Fig. 1, ¶ 47 sensor is 50 especially arranged to sense (or monitor) the horticultural growth 100), that the detection unit transmits the detected spatial extent of the plants to an evaluation unit (Fig. 1, control 30 unit), that the evaluation unit carries out a comparison between the detected spatial extent of the plants and set values (Fig. 1, ¶ 81 predefined types of horticultural growth 100) for the spatial extent of the plants and that the evaluation unit generates data for an adaptation of the lighting parameters (Fig. 1, ¶ 47 control unit 30 derives from the sensor signal of the sensor 50 the information (especially horticultural growth characteristics) to control the lighting unit 10) in dependence on the comparison between the detected spatial extent of the plants and the set values for the spatial extent of the plants (Fig. 1, ¶ 48 characteristics from the sensor signal selected from the group consisting of horticultural growth type, horticultural growth size, speed of growth) and transmits them to the control unit.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dobrinsky in view of Westlind by combining method for operating the plant cultivation device disclosed by Dobrinsky in view of Westlind with a method for operating a plant cultivation device wherein, a detection unit detects a spatial extent of plants, that the detection unit transmits the detected spatial extent of the plants to an evaluation unit, that the evaluation unit carries out a comparison between the detected spatial extent of the plants and set values for the spatial extent of the plants and that the evaluation unit generates data for an adaptation of the lighting parameters in dependence on the comparison between the detected spatial extent of the plants and the set values for the spatial extent of the plants and transmits them to the control unit; taught by Waumans for the benefit of growing a plant efficiently by adjusting lighting parameters [Waumans: ¶ 18 the changing total leaf area as a function of the growth of the horticultural growth may efficiently be controlled by means of the illumination during the growth, since the illumination arrangement may tune the beam shape and/or beam flux and/or beam spectrum with respect to time].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Abbott et al (US 2015/0089867 A1) discloses, a plant cultivation device (Fig. 2, ¶ 38 active growth control system 200).
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 JOSEPH O. NYAMOGO whose telephone number is (469)295-9276. The examiner can normally be reached 9:00 A to 5:00 P CT.
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/JOSEPH O. NYAMOGO/
Examiner
Art Unit 2858
/FARHANA A HOQUE/Primary Examiner, Art Unit 2858
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