DETAILED ACTION
Acknowledgments
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in reply to the amendment and response filed on 02/02/2026.
Claims 9-20 have been added.
Claims 4-8 have been canceled.
Claims 1-3 have been withdrawn from consideration.
Claims 1-3 and 9-20 are currently pending, and claims 9-20 have been examined.
Response to Arguments
Applicant’s arguments received 01/21/2026 with respect to the prior art rejections have been considered but are moot in view of the new ground(s) of rejection.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 9-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-patent eligible subject matter because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea.
Step 1:
The claims recite a process, system, apparatus, article of manufacture, and/or a nontransitory storage medium with instructions, each of which are proper statutory categories.
Step 2A (prong 1):
Claim 9 (representative of claim 16):
The claim limitations are grouped as shown immediately following:
A method for secure connection and proportional monetization of industrial devices used in horticultural applications in a horticulture Cloud platform, the method comprising: (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
receiving, at a security and monetization server of the horticulture Cloud platform, a request from a manufacturer or developer to acquire a security certificate, wherein the security certificate identifies the manufacturer or developer and a device type, and storing banking information associated with the manufacturer or developer; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
embedding the security certificate into firmware of an industrial device or a smart connect unit interfaced with a legacy industrial device that cannot connect to the Cloud on its own, the industrial device or legacy industrial device comprising at least one of a sensor, actuator, controller, fertigation system, fan, or irrigation pump used in a local horticulture grow system; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
registering the industrial device or legacy industrial device on the horticulture cloud platform by: (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
(i) receiving, at a transaction server of the horticulture cloud platform, device registration data from an end-user, including end-user information and product purchase information(Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
(ii) querying, by the transaction server, the security and monetization server to verify the embedded security certificate against stored security certificates on the horticulture cloud platform; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
(iii) recording the verified device registration data in a product data table on a back-end server of the horticulture cloud platform, the product data table tracking devices and associated owners; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
upon verification of the security certificate and receipt of a time-based subscription payment from the end-user for access to the horticulture cloud platform: (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
(i) generating, by the transaction server, a revenue apportionment transaction that calculates a proportional allocation of the subscription payment among a proprietor of the horticulture cloud platform, the manufacturer, the developer, and a third-party partner based on prearranged distribution proportions stored in the security and monetization server, (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
wherein the third-party partner is listed in a third-party partner table on the back-end server and comprises at least one of a distributor, retailer, or reseller in horticulture markets; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
(ii) providing, by the transaction server, revenue apportionment transaction transfer instructions to a payment gateway for automated distribution of funds to respective banks using the stored banking information. (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
Additional dependent claims 10-15 and 17-20 do not appear remedy the deficiency.
Step 2A (prong 2):
Claim 9 (representative of claim 16):
…a security and monetization server
…firmware of an industrial device
…a smart connect unit
…a sensor, actuator, controller, fertigation system, fan, or irrigation pump
…a local horticulture grow system
…a transaction server
…a payment gateway
These remaining claim limitations are delineated as shown immediately preceding. The abstract idea is not integrated into a practical application. There are no improvements to the functioning of a computer, other technology or technical field, a particular machine is not cited, nothing is transformed to a different state or thing, the abstract idea is not more than a drafting effort designed to monopolize the abstract idea. The claim merely uses a computer as a tool to perform the abstract idea, which is generally linked to a particular field of use, in this case, marketing and advertising. Thus, these limitations are recited at a high-level of generality (i.e., as a generic processor and memory performing a generic computer function of processing and storing data) such that it amounts no more than mere instructions to apply the exception using a generic computer component – MPEP 2106.05(f). Further, receiving data, evaluating data and distributing data are data gathering and data outputting, which has no effect on technology and does no more than generally link the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Step 2B:
The claim limitations do not provide an Inventive Concept. The claim limitations do not recite additional elements that amount to significantly more that the abstract idea because the additional elements of the system comprising a computer processor, computer readable storage medium with instructions, and a memory configured to store information, each recited at a high level of generality in a computer network which only perform the universal computer functions of accessing, receiving, storing, and processing data, transmitting and presenting information. Taking the elements both individually and as an ordered combination, the function performed by the computer at each step of the process is purely orthodox. Using a computer to obtain and display data are some of the most basic functions of a computer. As shown, the individual limitations claimed are some of the most rudimentary functions of a computer. The technical solution described in this invention does not alter hardware structure or its routine, does not transform the character of the information being processed, does not identify a novel source or type of data, does not advance the functionality of a computer as a tool, and does not incorporate specific rules enabling the computer to accomplish innovative utilities. In summary, the individual step and/or component does no more than require a general computer to perform standard computer functions. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of a computer devices amounts to no more than mere instructions to apply the exception using a generic computer component - requiring the use of software to tailor information and provide it to the user on a generic computer, Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1370-71, 115 USPQ2d 1636, 1642 (Fed. Cir. 2015);
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 of this title, 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.
Claims 9-14, 17, 18, and 20 are rejected under U.S.C. 103 as being unpatentable over Heath (USPGP 2013/0073387 A1), hereinafter HEATH, in view of Cella et al. (USPGP 2023/0214925 A1), hereinafter CELLA.
Claims 9, 16:
HEATH as shown below discloses the following limitations:
A method for secure connection and proportional monetization of industrial devices used in horticultural applications in a horticulture Cloud platform, the method comprising: (see at least paragraphs 0073, 0077, 0139, 0140)
receiving, at a security and monetization server of the horticulture Cloud platform, a request from a manufacturer or developer to acquire a security certificate, wherein the security certificate identifies the manufacturer or developer and a device type, and storing banking information associated with the manufacturer or developer; (see at least paragraphs 0005, 0006, 0169, 0213, 0265, 0266, 0399, 0403)
embedding the security certificate into firmware of an industrial device or a smart connect unit interfaced with a legacy industrial device that cannot connect to the Cloud on its own, the industrial device or legacy industrial device comprising at least one of a sensor, actuator, controller, fertigation system, fan, or irrigation pump used in a local horticulture grow system; (see at least paragraphs 0005, 0006, 0169, 0213, 0265, 0266, 0310, 0314, 0399, 0403)
registering the industrial device or legacy industrial device on the horticulture cloud platform by: (see at least paragraphs 0153, 0161)
receiving, at a transaction server of the horticulture cloud platform, device registration data from an end-user, including end-user information and product purchase information; (see at least paragraphs 0005, 0006, 0161, 0169, 0197, 0213, 0265, 0266, 0403)
querying, by the transaction server, the security and monetization server to verify the embedded security certificate against stored security certificates on the horticulture cloud platform; (see at least paragraphs 0005, 0006, 0161, 0169, 0197, 0213, 0265, 0266, 0403)
recording the verified device registration data in a product data table on a back-end server of the horticulture cloud platform, the product data table tracking devices and associated owners; (see at least paragraphs 0005, 0006, 0161, 0169, 0197, 0213, 0265, 0266, 0403)
upon verification of the security certificate and receipt of a time-based subscription payment from the end-user for access to the horticulture cloud platform: (see at least paragraphs 0004, 0005, 0006, 0161, 0169, 0197, 0213, 0265, 0266, 0403)
generating, by the transaction server, a revenue apportionment transaction that calculates a proportional allocation of the subscription payment among a proprietor of the horticulture cloud platform, the manufacturer, the developer, and a third-party partner based on prearranged distribution proportions stored in the security and monetization server, wherein the third-party partner is listed in a third-party partner table on the back-end server and comprises at least one of a distributor, retailer, or reseller in horticulture markets; (see at least paragraphs 0016, 0073, 0077, 0101, 0139, 0140)
providing, by the transaction server, revenue apportionment transaction transfer instructions to a payment gateway for automated distribution of funds to respective banks using the stored banking information. (see at least paragraphs 0132, 0134, 0151)
HEATH does not specifically disclose:
…a payment gateway.
…a legacy industrial device
CELLA, however, in at least paragraphs 0910, 1539, 2655, and 3426 does. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of HEATH with the technique of CELLA to provide “…educational related and integrated social networking, real time geospatial mapping, geo-target location based technologies including GPS and GIS and multiple points of interest, receiving current location of user's electronic or mobile device and multiple points of interest, cloud-type configuration storing and handling user data across multiple enterprises, generating user behavior data, ad links and promotions ("social/geo/promo") links on a website for educational related products, goods, or services, including educational related social/geo/promo data sets for user customized visual displays showing 3D map presentations with correlated or related broad or alternative categories of social/geo/promo links to be displayed with web page content for view by an end user.” (HEATH: paragraph 0013). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claims 10, 11:
The combination of HEATH/CELLA discloses the limitations as shown in the rejections above. HEATH further discloses the following limitations:
processing, by the transaction server, an access request from the end-user to monitor or control the industrial device by verifying the security certificate and, upon successful verification, granting access to device data stored on the back-end server or transmitting control commands to the industrial device.
maintaining the respective security and monetization server, the back-end server and the transaction server as separate server systems.
See at least paragraphs 0266 and 0403.
Claim 12:
The combination of HEATH/CELLA discloses the limitations as shown in the rejections above. HEATH further discloses the following limitations:
wherein the payment gateway is a third-party gateway allowing businesses to receive payments online without first setting up their own merchant accounts.
See at least paragraphs 0132, 0134, 0151.
Claims 13, 17:
The combination of HEATH/CELLA discloses the limitations as shown in the rejections above. CELLA further discloses the following limitations:
wherein the smart connect unit comprises a network adapter configured to provide a Cloud interface for the legacy industrial device.
See at least paragraphs 1539 and 3246. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of HEATH with the technique of CELLA to provide “…educational related and integrated social networking, real time geospatial mapping, geo-target location based technologies including GPS and GIS and multiple points of interest, receiving current location of user's electronic or mobile device and multiple points of interest, cloud-type configuration storing and handling user data across multiple enterprises, generating user behavior data, ad links and promotions ("social/geo/promo") links on a website for educational related products, goods, or services, including educational related social/geo/promo data sets for user customized visual displays showing 3D map presentations with correlated or related broad or alternative categories of social/geo/promo links to be displayed with web page content for view by an end user.” (HEATH: paragraph 0013). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claims 14, 18:
The combination of HEATH/CELLA discloses the limitations as shown in the rejections above. CELLA further discloses the following limitations:
receiving a request for access to the horticulture Cloud platform by the end-user, wherein the access request from the end-user includes changing operational setpoints of the industrial device or legacy industrial device, said operational setpoints including one or more of target temperature, humidity, motor speed, or irrigation run times in the local horticulture grow system;
verifying the security certificate exists in device information in the security and monetization server, and granting access to the device and its information;
changing the operational setpoint after the transaction server confirms the security certificate verification.
See at least paragraphs 0006, 0402, 0440, 0662, and 0663. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of HEATH with the technique of CELLA to provide “…educational related and integrated social networking, real time geospatial mapping, geo-target location based technologies including GPS and GIS and multiple points of interest, receiving current location of user's electronic or mobile device and multiple points of interest, cloud-type configuration storing and handling user data across multiple enterprises, generating user behavior data, ad links and promotions ("social/geo/promo") links on a website for educational related products, goods, or services, including educational related social/geo/promo data sets for user customized visual displays showing 3D map presentations with correlated or related broad or alternative categories of social/geo/promo links to be displayed with web page content for view by an end user.” (HEATH: paragraph 0013). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claim 20:
The combination of HEATH/CELLA discloses the limitations as shown in the rejections above. HEATH further discloses the following limitations:
wherein the respective security and monetization server, the back-end server and the transaction server are separate server systems.
See at least Figure 1 as well as associated text.
Claims 15 and 19 are rejected under U.S.C. 103 as being unpatentable over HEATH/CELLA and further in view of Examiner’s OFFICIAL NOTICE.
Claims 15, 19 :
The combination of HEATH/CELLA discloses the limitations as shown in the rejections above. HEATH/CELLA does not specifically disclose wherein the revenue apportionment ceases if the industrial device is no longer actively connected to the horticulture Cloud platform. However, the Examiner takes OFFICIAL NOTICE that it is old and well known in the royalty and commissions arts to stop payments. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of HEATH/CELLA with the technique of conclude payments because there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Consequently, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
CONCLUSION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Non-Patent Literature:
John Fulton et al. “Developing a Farm Digital Strategy 3 – Data Management Considerations.” (Oct. 15, 2020). Retrieved online 07/24/2025. https://ohioline.osu.edu/factsheet/fabe-557
Sjaak Wolferta et al. “Big Data in Smart Farming–A review.” (07 February 2017). Retrieved online 07/24/2025. https://www.sciencedirect.com/science/article/pii/S0308521X16303754
Emerson Navarro et al. “A Systematic Review of IoT Solutions for Smart Farming.” (2020 July 29). Retrieved online 07/24/2025. https://pmc.ncbi.nlm.nih.gov/articles/PMC7436012/
Foreign Art:
HAMIDISEPEHR A et al. “Computer-implemented Method For Mapping Yield To Picking Area For Horticultural Products, Involves Mapping Quantitative Data To Digital Geographic Location Data To Produce Digital Yield Map Using Digital Timestamp Data.” (WO 2022/015944 A1)
AUNE T. “Computer-implemented Method For Predicting Yield For Horticultural Operations, Involves Computing First Predicted Yield For Agricultural Field Location Using Annotated Image Data.” (WO 2022/015943 A1)
MILLER P et al. “System Facilitating Agriculture Management, Has Processor That Is Configured To Perform Method Of Facilitating Consistent User Experience For Agriculture Management Comprising Providing User Interface To Grower.” (WO 2021/067257 A1)
KANG J et al. “Agricultural Insurance Compensation Crop-hail Disaster Remote Sensing And Monitoring Method, Involves Inverting Loss Rate Of Disaster Relief Block According To Regression Model, And Detecting Disaster Loss Rate Greater Than Certain Range.” (CN 108414455 A)
Applicant’s amendment filed on 02/02/2026 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 extension fee 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 date of this final action.
Any inquiry of a general nature or relating to the status of this application or concerning this communication or earlier communications from the Examiner should be directed to James A. Reagan (james.reagan@uspto.gov) whose telephone number is 571.272.6710. The Examiner can normally be reached Monday through Friday from 9 AM to 5 PM. If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, John Hayes, can be reached at 571.272.6708.
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/JAMES A REAGAN/Primary Examiner, Art Unit 3697
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