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 .
Status of Claims
This action is in reply to the Amendment/Request for Reconsideration filed on March 25, 2026. Claims 1, 4, and 6 have been amended and are hereby entered. Claims 3 and 5 have been canceled. Claims 7-15 and 18 remain withdrawn per the Response to Election/Restriction filed on September 05, 2024. Claims 1-2, 4, and 6-21 are currently pending. This action is made FINAL.
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.
Claim(s) 1-2, 4, 6, 16-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2020/0214228 A1), hereinafter Cho, in view of Davis et al. (US 4,028,847 A), hereinafter Davis, and Itoh et al. (US 2018/0035624 A1), hereinafter Itoh.
Regarding claim 1, Cho discloses a plant cultivation apparatus (plant factory 1) comprising:
a cultivation room (cultivation chamber 5);
a rack system (support frame 10, transfer rails 26) positioned in the cultivation room (fig. 1-3), the rack system includes a plurality of conveying devices (transfer rails 26; fig. 3) for a plurality of cultivation beds (planting beds 30) configured to carry plants (para [0071]), the plurality of conveying devices includes at least an upper stage (transfer rail 26 of cultivation layer 7) and a lower stage (transfer rail 26 of cultivation layer 6) positioned below the upper stage (fig. 3); and
a blowing means (comprises cultivation table air supply unit 70 and cultivation chamber air circulation unit 50) positioned above the rack system (fig. 2, cultivation table air supply pipe 71 of unit 70 is positioned above transfer rails 26) and configured to blow out a flow of air from the upper stage to plants on the lower stage (fig. 9-10, air may be blown out from pipe 71 via horizontal air spray pipes 74 at cultivation layer 7 and blown to plants on cultivation layer 6 via interlayer air circulation unit 60),
wherein the plant cultivation apparatus is provided with a space for allowing the flow of air to pass between adjacent cultivation beds of the plurality of cultivation beds (fig. 5, spaces present between planting beds 30) in a conveying direction (fig. 3 and 5) and pass through a bottom surface of each of the plurality of conveying devices (fig. 3, air may pass between planting beds 30 and rails 26 and may pass from cultivation layer 7 to cultivation layer 6 via mesh-shaped floor 15 with interlayer air circulation unit 60),
wherein the blowing means includes an air conditioner (thermo-hygrostat 51) that sucks air inside the cultivation room and causes the air to become conditioned air having a temperature in a predetermined range (para [0099]), a main duct to blow out the conditioned air (cultivation air supply pipe 52), and a blower duct (cultivation table air supply pipe 71, horizontal air spray pipes 74), and
wherein a blow-out port (port connecting cultivation air supply pipe 52 to air supply tubes 53, fig. 2) of the main duct is set away from the blower duct (fig. 2, outlet port of pipe 52 is not directly attached to pipes 71, 74; space is present between outlet port of pipe 52 and pipes 71, 74).
Cho does not appear to specifically disclose:
wherein the rack system is a conveyor;
the blower duct to which adjusted air in which the conditioned air and the air inside the cultivation room are mixed together is supplied and from which the adjusted air is blown out toward the cultivation beds.
However, Davis is in the field of plant cultivation (title; abstract) and teaches wherein the rack system (shown in fig. 10) is a conveyor (pusher system 82).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant cultivation apparatus having a rack system comprising conveying devices of Cho to incorporate the conveyor as taught by Davis with a reasonable expectation of success to further automate plant cultivation within the system such that handling of plants is minimized, and the physical labor required to move the plants is reduced (abstract).
Additionally, Itoh is in the field of plant cultivation (title; abstract) and teaches the blower duct (air supply passage forming member 65) to which adjusted air in which the conditioned air (air from air conditioning device 205) and the air inside the cultivation room (air from cylindrical space 60) are mixed together (para [0483]-[0484], blower 85 is capable of creating negative pressure in member 65, thus sucking air out of cylindrical space 60 and mixing it with conditioned air from air conditioning device 205 to form adjusted air) is supplied and from which the adjusted air is blown out toward the cultivation beds (cultivation trays 90; para [0475]-[0476], system air supply passage forming member 65 and blower 85 are capable of both removing air from cultivation space 60 and supplying air to cultivation space 60 depending on the air supply force of blower 85).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant cultivation apparatus comprising a blowing means with air conditioner and blower duct of Cho to configure the blower duct to mix conditioned air and air from inside the cultivation room as taught by Itoh with a reasonable expectation of success to create air flow patterns that can more effectively diffuse carbon dioxide and other gases across the cultivation beds (para [0485]).
Regarding claim 2, Cho as modified discloses the plant cultivation apparatus according to claim 1, and further discloses an interval between adjacent cultivation beds of the plurality of the cultivation beds (planting beds 30; fig. 5).
Cho as modified does not appear to specifically disclose wherein the interval is 40 to 500 mm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the interval between 40 to 500 mm, with the motivation of providing adequate space for plants to grow outward without becoming overcrowded, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Additionally, it may be desirable to have different intervals between cultivation beds, including those outside of the range of 40-500 mm, in order to accommodate plants of different species, shapes, and sizes. Furthermore, no criticality has been provided in the instant disclosure regarding an interval between cultivation beds in a range of 40-500 mm.
Regarding claim 4, Cho as modified discloses the plant cultivation apparatus according to claim 1, and further discloses wherein the blower duct (cultivation table air supply pipe 71, horizontal air spray pipes 74) is set in a moving direction of the conveying devices (transfer rails 26; fig. 3, pipe 71 is set in a moving direction of rails 26).
Regarding claim 6, Cho as modified discloses the plant cultivation apparatus according to claim 1, and further discloses wherein a longer direction of the plurality of cultivation beds (planting beds 30) intersects with a moving direction of the conveying devices (transfer rails 26; fig. 3-5).
Regarding claim 16, Cho as modified discloses the plant cultivation apparatus according to claim 1, and further discloses wherein each of the plurality of cultivation beds (planting beds 30) is covered by a cultivation plate (surface of planting beds 30; fig. 5) having planting holes (“planting holes”, para [0071]).
Regarding claim 17, Cho as modified discloses the plant cultivation apparatus according to claim 16, and further discloses wherein the planting holes (“planting holes”, para [0071]) include one row of planting holes disposed in a longer direction of the plurality of cultivation beds (planting beds 30; para [0071], fig. 12).
Regarding claim 19, Cho as modified discloses the plant cultivation apparatus according to claim 1, but does not appear to specifically disclose wherein both a length of one cultivation surface in a longitudinal direction and a length of the one cultivation surface in a transverse direction are 2 m or more.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the length of one cultivation surface in both longitudinal and transverse directions 2 m or more, with the motivation of accommodating plants of different species, shapes, and sizes, particularly larger plants, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Furthermore, no criticality has been provided in the instant disclosure regarding a length of a cultivation surface of 2 m or more.
Regarding claim 20, Cho as modified discloses a method of cultivating plants comprising cultivating the plants in the plant cultivation apparatus (abstract; para [0001]) according to claim 1 (see rejection for claim 1 above).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being obvious over Cho et al. (US 2020/0214228 A1), hereinafter Cho, in view of Davis et al. (US 4,028,847 A), hereinafter Davis, and Itoh et al. (US 2018/0035624 A1), hereinafter Itoh, as applied to claim 20 above, and further in view of Whitcher et al. (US 2018/0014485 A1), hereinafter Whitcher.
Regarding claim 21, Cho as modified discloses the method according to claim 20, but does not appear to specifically disclose wherein the plants are leafy vegetables of Asteraceae, Brassicaceae, or Amaranthaceae, or fruit vegetables of Rosaceae, or Solanaceae.
However, Whitcher is in the field of plant cultivation (abstract) and teaches wherein the plants are leafy vegetables of Asteraceae, Brassicaceae, or Amaranthaceae, or fruit vegetables of Rosaceae, or Solanaceae (para [0146], plant species 20 are disclosed as being an edible plant species from Asteraceae or Solanaceae).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plant cultivation method of Cho as modified to incorporate the teaching of growing leafy vegetables of Asteraceae or fruit vegetables of Solanaceae as taught by Whitcher with a reasonable expectation of success to utilize the plant cultivation system and method to grow edible plants, thereby utilizing an efficient system for cultivating plants to provide a food source for people and/or animals.
Response to Arguments
Applicant’s arguments (Remarks, pages 1-3 of 3), filed March 25, 2026, regarding the rejection of at least claim(s) 1 under §103 have been fully considered, but they are not persuasive. Applicant asserts that the prior art of Cho et al. (US 2020/0214228 A1) does not disclose the limitations of claim 1, particularly wherein “in order to mix air from the air conditioner with air inside the cultivation room, a main duct for supplying conditioned air from the air conditioner and a blower duct for supplying adjusted air to the plants are disposed apart from each other” (Remarks, page 2 of 3).
In response to Applicant’s arguments, the Examiner respectfully asserts that Cho, as modified by the prior art of Davis et al. (US 4,028,847 A) and Itoh et al. (US 2018/0035624 A1), does in fact disclose all limitations of amended claim 1. As is further outlined in the rejection presented above, Cho does disclose a blowing means (comprises cultivation table air supply unit 70 and cultivation chamber air circulation unit 50) including an air conditioner (thermo-hygrostat 51) that sucks air inside the cultivation room (cultivation chamber 5) and causes the air to become conditioned air having a temperature in a predetermined range (para [0099]), a main duct to blow out conditioned air (cultivation air supply pipe 52, which blows out air into air supply tubes 53; see fig. 2), and a blower duct (cultivation table air supply pipe 71, horizontal air spray pipes 74). Cho further discloses wherein a blow-out port of the main duct is set away from the blower duct (shown in fig. 2, wherein the outlet port of pipe 52 is not directly attached to pipes 71, 74 with space present outlet port of pipe 52 and pipes 71, 74).
Cho is then modified by Itoh, which teaches the blower duct (air supply passage forming member 65) to which adjusted air in which the conditioned air and the air inside the cultivation room are mixed together (para [0483]-[0484], blower 85 is capable of creating negative pressure in member 65, thus sucking air out of cylindrical space 60 and mixing it with conditioned air from air conditioning device 205 to form adjusted air). As noted above, one having ordinary skill in the art would have been motivated to modify Cho with Itoh in order to more effectively diffuse gases across the cultivation beds (see Itoh para [0485]).
Therefore, under the broadest reasonable interpretation of the claims, all limitations of amended claim 1 are met by the prior art of Cho as modified by Davis and Itoh. The Examiner particularly notes that the phrase “set away from” may be interpreted under its broadest reasonable interpretation to merely mean, for example, “not in direct contact with” or “having some space in between”, as no specific definition for the phrase “set away from” has been explicitly provided in the original disclosure.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to Applicant’s disclosure and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/E.M.H./Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
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