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 .
This Office action is in response to the application filed on 10/11/2023.
Claims 1-12 are presented for examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/01/2025 and 10/11/2023 are compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “a greenhouse integrated control unit configured to set an interval” recited in claims 1-2 and 4-6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 1 is directed to software per se. More specifically, claim 1 recites an apparatus comprising “a moving enabling control unit” and “a greenhouse integrated control unit”. Specification teaches “a moving enabling control unit” and “a greenhouse integrated control unit” may be software and does not exclude them being software. Therefore, claims 1-6 are rejected under 35 U.S.C. 101 as patent ineligible as software per se.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (WO 2020/103039 A1), in view of Mukter-Uz-Zaman et al. (US 2012/0053706 A1).
As to claims 1 and 7, LIU discloses the invention as claimed, including an apparatus for performing high-capacity wireless communication in an environment (Figs. 1-2), the apparatus comprising:
a moving enabling control unit comprising a motor for moving at least one wireless router (Figs. 1-2, 30) in an upper end portion of a system, a moving enabling module including a motor control module and a motor communication module, and a moving enabling rails installed in a predetermined number, length and direction at the upper end portion of the system (¶0031, “As shown in FIG. 1, in this embodiment, the wireless router autonomous movement system 200 further includes a guide rail 60, which is used to provide a preset path 50. The wireless router 30 can be mounted on the guide rail 60 and can move along the preset path 50 under the guidance of the guide rail 60. Specifically, the movable base 33 may be mounted on the guide rail 60, and the router body 31 is mounted on the guide rail 60 via the movable base 33”; ¶0032, “By setting a guide rail 60 above the conference room, that is, on the ceiling, and installing the wireless router 30 of the present application on the guide rail 60, and driving the router body 31 to slide on the guide rail 60 through the mobile base 33, the spatial position of the wireless router 30 can be autonomously moved, and a balance point of network connection can be found for each terminal device 40 to ensure that each terminal device 40 has better communication quality”); and
a system integrated control unit configured to set an interval of movement of the wireless router by communicating with the motor communication module and to generate and transmit a control command for controlling the motor control module in such a manner that the wireless router moves at the set interval of movement (¶0012, “The mobile base is controlled to move and stay at the target location, wherein the plurality of terminal devices have optimal comprehensive communication quality when the wireless router is located at the target location”; ¶0026, “In this embodiment, the controller 34 is used to control the mobile base 33 to move along a preset path 50, and detect the signal strength information of the wireless network signal received by multiple terminal devices 40 during the movement of the wireless router 30, and calculate the target position of the wireless router 30 based on the detected signal strength information, and control the mobile base 33 to move and stay at the target position, wherein the multiple terminal devices 40 have the best comprehensive communication quality when the wireless router 30 is located at the target position”; ¶0029, “the preset path 50 may include an initial position. When controlling the movable base 33 to move along the preset path 50, the controller 34 first controls the movable base 33 to move to the initial position, and then controls the movable base 33 to move along the preset path 50. In another embodiment, the controller 34 controls the movable base 33 to move along a preset path 50 starting from a current position; ¶0038, “During the movement of the wireless router 30, the controller 34 controls the mobile base 33 to stay at each of the preset signal detection points on the preset path 50 for a preset time”; ¶0041, “the controller 34 may determine the plurality of preset signal detection points according to a plurality of preset coordinate values on the preset path 50 .It can be understood that in one embodiment, the wireless router 30 may also include a positioning unit 35 (as shown in Figure 2), which is used to detect the location information of the wireless router 30 during the movement of the wireless router 30. The controller 34 controls the wireless router 30 to stay at each preset signal detection point during the movement according to the preset coordinates of the multiple preset signal detection points and the location information of the wireless router 30”; ¶0042, “the controller 34 can control the mobile base 33 to move along the preset path 50 according to a preset moving speed, and control the mobile base 33 to stay for a second preset time after each movement of the first preset time, and determine the stop position of the mobile base 33 as the multiple preset signal detection points”; ¶0073, “various parameters used by the wireless router 30, such as the coordinate range of the preset path 50, the first preset weight and the second preset weight, the multiple preset coordinate values, the moving speed, the first preset time and the second preset time, etc., can all be initialized and pre-set”).
LIU does not specifically disclose a greenhouse environment.
However, Mukter-Uz-Zaman discloses a greenhouse environment (Figs. 2-3; ¶0006, “EP 1,374,667 A2, which describes a small-sized greenhouse with an internal environment. It is described therein that separate sensors are utilized to measure the condition of different parameter in the greenhouse and the result of measurement would be displayed on a display unit”; ¶0043, “a large green house environment, wireless data communication can be used to collect the sensor data…the integrated sensor systems 10 and the feedback control systems 20 are arranged in arrays 90. Only certain number of the integrated sensor systems 10 and certain number of the feedback control systems 20 are limited to be incorporated into an array 90. Also preferably provided on the array 90 is one wireless gateway 40. The number of the wireless gateway 40 is preferably limited to one unit per an array 90 as shown in FIG. 1”; ¶0045, “a process to profile and control the parameters/field conditions of the plants grown in the environment/greenhouse is shown. The process is shown commencing with sensing and measuring field conditions by means of integrated sensor systems 10”; ¶0046, “the data of the measured parameters/field conditions, determines revised field conditions based on the data, according to the plants' requirements, and sends feedback commands to the feedback control system 20. According to the feedback control devised by the PC-based system in commands form, the microcontroller unit 49 controls the integrated sensor system 10, the ROIC 16, and utilizes the serial memory unit 41 of the wireless gateway 40”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of LIU to include a greenhouse environment, as taught by Mukter-Uz-Zaman because it would measure the condition of different parameter in the greenhouse and the result of measurement would be displayed on a display unit, thereby controlling the parameters/field conditions of the plants grown in the environment/greenhouse (Mukter-Uz-Zaman; ¶0006; ¶0043; ¶0045).
As to claim 2, it is rejected for the same reasons set forth in claim 1 above. In addition, LIU discloses the apparatus of claim 1, wherein the system integrated control unit transmits a control command for designating a location of the wireless router to the motor communication module, and wherein, when receiving the control command through the motor communication module, the motor control module controls the motor in such a manner that the wireless router moves to the designated location that corresponds to the control command (¶0012, “The mobile base is controlled to move and stay at the target location, wherein the plurality of terminal devices have optimal comprehensive communication quality when the wireless router is located at the target location”; ¶0026, “In this embodiment, the controller 34 is used to control the mobile base 33 to move along a preset path 50, and detect the signal strength information of the wireless network signal received by multiple terminal devices 40 during the movement of the wireless router 30, and calculate the target position of the wireless router 30 based on the detected signal strength information, and control the mobile base 33 to move and stay at the target position, wherein the multiple terminal devices 40 have the best comprehensive communication quality when the wireless router 30 is located at the target position”; ¶0029, “the preset path 50 may include an initial position. When controlling the movable base 33 to move along the preset path 50, the controller 34 first controls the movable base 33 to move to the initial position, and then controls the movable base 33 to move along the preset path 50. In another embodiment, the controller 34 controls the movable base 33 to move along a preset path 50 starting from a current position; ¶0038, “During the movement of the wireless router 30, the controller 34 controls the mobile base 33 to stay at each of the preset signal detection points on the preset path 50 for a preset time”; ¶0041, “the controller 34 may determine the plurality of preset signal detection points according to a plurality of preset coordinate values on the preset path 50 .It can be understood that in one embodiment, the wireless router 30 may also include a positioning unit 35 (as shown in Figure 2), which is used to detect the location information of the wireless router 30 during the movement of the wireless router 30. The controller 34 controls the wireless router 30 to stay at each preset signal detection point during the movement according to the preset coordinates of the multiple preset signal detection points and the location information of the wireless router 30”; ¶0042, “the controller 34 can control the mobile base 33 to move along the preset path 50 according to a preset moving speed, and control the mobile base 33 to stay for a second preset time after each movement of the first preset time, and determine the stop position of the mobile base 33 as the multiple preset signal detection points”; ¶0073, “various parameters used by the wireless router 30, such as the coordinate range of the preset path 50, the first preset weight and the second preset weight, the multiple preset coordinate values, the moving speed, the first preset time and the second preset time, etc., can all be initialized and pre-set”).
As to claim 3, LIU discloses the apparatus of claim 1, wherein the wireless router includes at least one stationary wireless router (¶0003, “fixed wireless routers”) and at least one moving wireless router that is controlled in such a manner as to move along the moving enabling rail (¶0038, “During the movement of the wireless router 30, the controller 34 controls the mobile base 33 to stay at each of the preset signal detection points on the preset path 50 for a preset time”; ¶0041, “the controller 34 may determine the plurality of preset signal detection points according to a plurality of preset coordinate values on the preset path 50 .It can be understood that in one embodiment, the wireless router 30 may also include a positioning unit 35 (as shown in Figure 2), which is used to detect the location information of the wireless router 30 during the movement of the wireless router 30. The controller 34 controls the wireless router 30 to stay at each preset signal detection point during the movement according to the preset coordinates of the multiple preset signal detection points and the location information of the wireless router 30”; ¶0042, “the controller 34 can control the mobile base 33 to move along the preset path 50 according to a preset moving speed, and control the mobile base 33 to stay for a second preset time after each movement of the first preset time, and determine the stop position of the mobile base 33 as the multiple preset signal detection points”).
As to claim 4, it is rejected for the same reasons set forth in claim 1 above. In addition, LIU discloses the apparatus of claim 1, wherein the system integrated control unit checks an operating state of the moving enabling control unit through periodic heartbeat communication with the motor communication module (It is noted that heartbeat message/communication is a signal sent periodically from a system to another to indicate that it is alive and functioning properly, which is well known in the art).
As to claim 5, it is rejected for the same reasons set forth in claim 1 above. In addition, LIU discloses the apparatus of claim 4, wherein, in a case where the system integrated control unit does not receive a response from the motor communication module as a result of the heartbeat communication, the system integrated control unit retransmits a heartbeat message a predetermined number of times at a predetermined time interval (It is noted that heartbeat message/communication is a signal sent periodically from a system to another to indicate that it is alive and functioning properly, which is well known in the art).
As to claim 6, it is rejected for the same reasons set forth in claim 1 above. In addition, LIU discloses the apparatus of claim 5, wherein when it is impossible to communicate with the motor communication module after retransmitting the heartbeat message, the system integrated control unit generate communication failure information and alarm information for alerting about the motor communication module (It is noted that heartbeat message/communication is a signal sent periodically from a system to another to indicate that it is alive and functioning properly, and the system sends a failure alarm when the heartbeat message/communication is not received within a predetermined period of time, which is well known in the art).
As to claims 8-12, they are rejected for the same reasons set forth in claims 2-6 above, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lloyd (US 11,356,909), Gil et al. (US 2016/0119798), Daugherty (US 2023/0153926), Ching (US 2014/0137468), Kramarenko et al. (US 2022/0015287), TU et al. (US 2022/0107300), SUNTYCH (US 2023/0262865), SUNTYCH (US 2023/0037527) disclose providing an automated plant probe system and method.
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/JUNGWON CHANG/Primary Examiner, Art Unit 2454 September 30, 2025