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 .
Election/Restrictions
Applicant’s election without traverse of G in the reply filed on 05/19/2025 is acknowledged.
Claims 11-17 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/19/2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “144” has been used to designate both the water or nutrient tank in para 0032 and the diffuser head in para 0031. In the remainder of the specification, the water or nutrient tank is referenced by element 143. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the configuration of claim 9 must be shown or the feature(s) canceled from the claim(s). Claim 9 suggests that the water or nutrient tank replenishes the reclaim tank with fresh water, however, according to figure 8, the reverse osmosis system replenishes the reclaim tank. Figures 7 and 9a further do not show the main water or nutrient tank replenishing the reclaim tank. See also 112(b) rejection below. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "the water or nutrient tank" in line 3. There is insufficient antecedent basis for this limitation in the claim. The water or nutrient tank is introduced in claim 8, not claim 1 and therefor claim 9 should be dependent on claim 8 to correct this dependency.
Claim 9 is also rejected for lack of clarity regarding the fluid flow path. Claim 9 suggests that the water or nutrient tank replenishes the reclaim tank with fresh washer, however, according to figure 8, and paragraphs 0040, 0042-0043 of the specification, the reverse osmosis system replenishes the reclaim tank. Figures 7 and 9a similarly do not show the main water or nutrient tank replenishing the reclaim tank or provide any further clarifying details. Clarification and correction are required but no new matter may be added.
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) 1-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Su (US-20210176934-A1) in view of Watson (US-10999985-B2) and Spiro (US-11129339-B2).
Regarding claim 1, Su discloses an integrated plant cultivation system for use in a controlled environment or agricultural facility (see fig 1 and abstract) having a growth inducing light source (see para 0023), comprising:
a rack assembly adaptable for multiple levels of plant cultivation (racks 106, see fig 1);
wherein each box comprises a plurality of incubation chambers for plant growth (incubation chamber buckets 300, see figs 1 and 4-6);
an irrigation system connected to the plurality of incubation chambers via a feed system (see para 0034), wherein the irrigation system is configured to supply water or a nutrient solution to the incubation chambers (nutrient solution 201, pumped via outlet pump 205 through filters then delivered via nozzles to incubation chambers 300, see para 0034), and
a drainage management system for reclaiming excess water or nutrient solution and recycling the drainage for sustained system use (drainage outlet conduit 402 to allow nutrient solution 201 to drain back to the main reservoir 203, see para 0048 and fig 5a);
a controller for controlling the growth-inducing light source and regulating environmental conditions within each incubation chamber to optimize plant development according to growth stages of the plants (controller 102, controls lighting, nutrients, etc., see para 0021, 0027, 0031 and 0043).
Su fails to disclose a plurality of boxes configured for holding plants, the boxes arranged on each level of the rack assembly, wherein each chamber is configured to receive a customized nutrition scheme; ventilation system for maintaining optimal atmospheric conditions within the plurality of incubation chambers.
Spiro teaches a plurality of boxes (3) configured for holding plants, the boxes arranged on each level of the rack assembly (see figs 1b-1d, stacked boxes 3), wherein each box comprises a plurality of incubation chambers for plant growth (boxes 3 with plant capsules 4 inside, see figs 5 and 8).
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 rack system of Su with the stacked boxes with incubation chambers of Spiro with a reasonable expectation of success this allows for easy transfer or removal of grouping of boxes and provides greater organization to the growing system.
Watson teaches wherein each chamber is configured to receive a customized nutrition scheme (see fig 1, spray heads independently routed to each root enclosure for differing nutrient schemes); ventilation system for maintaining optimal atmospheric conditions within the plurality of incubation chambers (atmospheric conditions such as air-flow, humidity, temperature, etc. are also monitored and adjusted to provide the optimal conditions for the particular species of plants, see col 7, lines 6-9).
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 system with the individual nutrient schemes and the ventilation unit of Watson with a reasonable expectation of success because this will ensure the plants receive optimal growing conditions.
Regarding claim 2, the modified reference teaches the integrated plant cultivation system of claim 1.
The modified reference fails to teach wherein each box is stackable and interconnectable to form levels of the rack assembly.
Spiro teaches wherein each box is stackable and interconnectable to form levels of the rack assembly (see stacked rack system in figs 1a-1d).
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 system with the stacked arrangement with a reasonable expectation of success because this will allow for greater plant cultivation and yield without requiring large amounts of cultivation space.
Regarding claim 3, the modified reference teaches the integrated plant cultivation system of claim 1.
The modified reference fails to teach wherein each incubation chamber comprises a sensor configured to monitor the environmental conditions and provide real-time data to the controller for regulation of growth of the plants.
Watson teaches wherein each incubation chamber comprises a sensor configured to monitor the environmental conditions and provide real-time data to the controller for regulation of growth of the plants (sensor in each root enclosure, see claims 14-16 and col 12, lines 14-27).
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 system with sensors in each incubation chamber as taught by Watson with a reasonable expectation of success because this will provide specific data for each planting unit to ensure all plants are adequately monitored and received individualized care.
Regarding claim 4, the modified reference teaches the integrated plant cultivation system of claim 3.
The modified reference fails to teach wherein the irrigation system is linked to the controller to allow for remote adjustment of the water or nutrient supply to the incubation chamber based on data received from the sensor.
Watson teaches wherein the irrigation system is linked to the controller to allow for remote adjustment of the water or nutrient supply to the incubation chamber based on data received from the sensor (safety controller gets data from sensors and can direct fluid delivery controller to manipulate water/nutrient flow as needed, see col 11, lines 60-67 and col 12, lines 1-3).
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 system with the irrigation system linked to sensors in each incubation chamber as taught by Watson with a reasonable expectation of success because this will provide specific data for each planting unit to ensure all plants are adequately monitored and received individualized care.
Regarding claim 5, the modified reference teaches the integrated plant cultivation system of claim 1.
The modified reference fails to teach wherein the feed system is independently routed to each incubation chamber to provide the customized nutrition scheme for each chamber.
Watson teaches wherein the feed system is independently routed to each incubation chamber to provide the customized nutrition scheme for each chamber (See fig 1, spray heads independently routed to each root enclosure).
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 system with the independent nutrient delivery for each incubation chamber as taught by Watson with a reasonable expectation of success because this will provide specific data for each planting unit to ensure all plants receive individualized nutrient schemes.
Regarding claim 9, the modified reference teaches the integrated plant cultivation system of claim 1, and Su further discloses wherein the drainage management system further comprises a reclaim tank (secondary reservoir for drained used nutrient solution, see para 0037), wherein the reclaim tank is connected with the water or nutrient tank (secondary reservoir for drained nutrient solution, is fluidly connected to the main reservoir 203, see para 0037), and wherein the reclaim tank receives excess water or nutrient solution drained from the incubation chambers (secondary reservoir for drained nutrient solution, is fluidly connected to the main reservoir 203, see para 0037), and the water or nutrient tank replenishes the reclaim tank with fresh water or nutrient solution, thereby establishing a closed-loop system for efficient utilization and recycling of water and nutrients (secondary reservoir for drained nutrient solution, is fluidly connected to the main reservoir 203, see para 0037, see also 112(b) and drawing objection above).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Su (US-20210176934-A1) in view of Watson (US-10999985-B2) and Spiro (US-11129339-B2) as applied to claim 1 above, and further in view of Joyner (US-11895954-B2).
Regarding claim 6, the modified reference teaches the integrated plant cultivation system of claim 1.
The modified reference fails to teach wherein the controller utilizes artificial intelligence algorithms to analyze data from various sensors and optimize plant growth conditions dynamically based on changing environmental factors and plant growth stages.
Joyner teaches wherein the controller utilizes artificial intelligence algorithms to analyze data from various sensors and optimize plant growth conditions dynamically based on changing environmental factors and plant growth stages (AI machine learning algorithm, takes data from various sensors and uses it to optimize growing conditions, see col 2, lines 42-60 and col 9,lines 10-18).
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 system with the AI algorithms of Joyner with a reasonable expectation of success this will ensure the plants are receiving care tailored to their individualized needs based on their species or growth stage.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Su (US-20210176934-A1) in view of Watson (US-10999985-B2) and Spiro (US-11129339-B2) as applied to claim 1 above, and further in view of Jobczyk ( DE-102017104525-B3).
Regarding claim 7, the modified reference teaches the integrated plant cultivation system of claim 1.
The modified reference fails to teach wherein the ventilation system comprises a duct assembly, and wherein the duct assembly is configured to facilitate uniform air distribution within each incubation chamber.
Jobczyk teaches wherein the ventilation system comprises a duct assembly (air duct 60 with channel entrances 61 and 62, air supply openings 65 in the interior 14, see page 22), and wherein the duct assembly is configured to facilitate uniform air distribution within each incubation chamber (uniform air flow, for equal distribution to all plants, see pages 15 and 22).
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 ventilation system with the air ducts of Jobczyk with a reasonable expectation of success this will ensure all plants receive equal airflow to facilitate optimal photosynthesis rates for growth and development.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Su (US-20210176934-A1) in view of Watson (US-10999985-B2) and Spiro (US-11129339-B2) as applied to claim 1 above, and further in view Griffin (US-20190082620-A1).
Regarding claim 8, the modified reference teaches the integrated plant cultivation system of claim 1, and Su further discloses wherein the drainage management system comprises a water or nutrient tank (reservoir 203).
The modified reference fails to teach wherein the water or nutrient tank comprises a temperature regulation sub-system to maintain the temperature of the water or nutrient solution within a specified range to optimize plant growth.
Griffin teaches wherein the water or nutrient tank comprises a temperature regulation sub-system to maintain the temperature of the water or nutrient solution within a specified range to optimize plant growth (temperature controls for nutrient solution 10 in tank 12, see para 0039).
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 water or nutrient tank with the temperature control of Griffin with a reasonable expectation of success because this will ensure the water is kept at an optimal temperature for the plants, and to prevent bacteria or algae formation.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Su (US-20210176934-A1) in view of Watson (US-10999985-B2) and Spiro (US-11129339-B2) as applied to claim 1 above, and further in view Grohs (US-12041891-B2).
Regarding claim 10, the modified reference teaches the integrated plant cultivation system of claim 1.
The modified reference fails to teach wherein the feed system comprises: piping or tubing coupled to a plurality of feedwater diffuser heads positioned above the incubation chambers for effectively dispersing a controlled amount of the water or nutrient solution over the plants.
Grohs teaches wherein the feed system comprises: piping or tubing coupled to a plurality of feedwater diffuser heads positioned above the incubation chambers for effectively dispersing a controlled amount of the water or nutrient solution over the plants (liquid applicators 40b/40c, spraying over seed beds, see figs 22-23).
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 system with the diffuser heads of Grohs with a reasonable expectation of success because sprayers allow for better soil saturation and ensure all of the plant area is sufficiently watered.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The art noted in the References Cited document is relevant as it pertains to similar lighting systems for plant cultivation. Specifically, D’Aoust teaches uniform air flow to the plants.
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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642