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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6-8, and 10-28 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The original disclosure of the invention does not contain an infrastructure port.
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.
Claims 1-4, 6-8, and 10-28 are 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.
It is unclear if the environmental sensor is the same as the sensor configured to monitor the environmental condition or if an additional sensor is being claimed.
It is unclear which feature of the invention is the infrastructure port or how to determine what the infrastructure port is.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-8, 11-15, and 17-28 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Zelkind et al US 2021/0137028.
Regarding claims 1-3, 20 and 21, Zelkind discloses a system for regulating growth of an organism, the device comprising: a growth capsule (602-5) comprising an environmental sensor (Zelkind, ¶0024), microcontroller (Zelkind, ¶0079), and infrastructure port (as best understood)(Zelkind, ¶0075, liquid supply conduits); one or more biovoxels (606) located in the growth capsule, each biovoxel being configured to surround the organism and to include material for the growth of the organism; at least one sensor (Zelkind, Figure 6A) configured to monitor at least one environmental condition in each biovoxel and output sensed signals (Zelkind, ¶0073); a camera configured to capture phenotypic data of the organism in each biovoxel (Zelkind, ¶0124); at least one actuator configured to be actuated in response to actuation signals (Zelkind, ¶0106), wherein the actuator is a blower (610); and a processor (620) configured to receive the sensed signals and output the actuation signals to actuate the at least one actuator to change the at least one environmental condition in response to the sensed signals; and adjust using artificial intelligence a parameter of the at least one actuator in response to the sensed signals (Zelkind, ¶0025-0026, ¶0107) and the phenotypic data (Zelkind, ¶0130-0140), ¶. Zelkind is further capable of performing the functional language of claims 2, 3, 20 and 21.
Regarding claim 4, Zelkind further discloses the sensor being an air flow sensor (Zelkind, Figure 6A).
Regarding claim 6, Zelkind further discloses a display configured to output information sensed by the sensor (Zelkind, ¶0070).
Regarding claim 7, Zelkind further discloses the actuator being a robot (104).
Regarding claim 8, Zelkind further discloses artificial intelligence which adjusts the environmental condition inside each biovoxel via a feedback loop (Zelkind, ¶0130-0132)
Regarding claim 11, Zelkind further discloses the intelligent skin comprises a system of structural support (Zelkind, Figure 1A).
Regarding claim 12, Zelkind further discloses each biovoxel provides a self-contained growth microenvironment to the organism contained therein independently of adjacent biovoxels (Zelkind, ¶0072).
Regarding claim 13, Zelkind further discloses each biovoxel is modular and comprises interchangeable components (Zelkind, Figure 6A).
Regarding claim 14, Zelkind further discloses at least one biovoxel comprises a microcontroller configured for communicating sensed signals from the sensor to the processor and receiving actuation signals to change the at least one environmental condition (Zelkind, ¶0079).
Regarding claim 15, Zelkind further discloses the one or more biovoxels are mounted on a rack or shelf affixed to the intelligent skin (Zelkind, Figure 1A).
Regarding claim 17, Zelkind further discloses the biovoxel comprising a microcontroller (622).
Regarding claim 18, Zelkind further discloses a robotic arm (104).
Regarding claim 19, Zelkind further discloses the biovoxels are interconnected (Zelkind, ¶0072).
Regarding claim 22, Zelkind discloses a method for regulating growth of an organism, the method comprising steps of: providing biovoxels (606) in a growth capsule (602-5) comprising an environmental sensor (Zelkind, ¶0024), microcontroller (Zelkind, ¶0079), and infrastructure port (as best understood)(Zelkind, ¶0075, liquid supply conduits); monitoring at least one environmental condition in each biovoxel by at least one sensor configured to output sensed signals (Zelkind, ¶0098); providing at least one blower (610) actuator (Zelkind, ¶0106); receiving the sensed signals by a processor (620); receiving phenotypic data of the organism in each biovoxel (Zelkind, ¶0124); and providing to the at least one actuator actuation signals by the processor to actuate the at least one actuator to change the at least one environmental condition in response to the sensed signals (Zelkind, ¶0079, 0107); and adjust using artificial intelligence a parameter of the at least one actuator in response to the sensed signals (Zelkind, ¶0025-0026, ¶0107) and the phenotypic data (Zelkind, ¶0130-0140).
Regarding claim 23, Zelkind further discloses the actuation signals being provided by artificial intelligence.
Regarding claim 24, Zelkind discloses a non-transitory computer readable medium (Zelkind, ¶0081-0083) storing computer instructions, which when executed by a processor, configure the processor to perform a method for regulating growth of an organism, the method comprising steps of: providing biovoxels (606) in a growth capsule (606-5) comprising an environmental sensor (Zelkind, ¶0024), microcontroller (Zelkind, ¶0079), and infrastructure port (as best understood)(Zelkind, ¶0075, liquid supply conduits), each biovoxel being configured to surround the organism and to include material for the growth of the organism; monitoring at least one environmental condition in each biovoxel by at least one sensor configured to output sensed signals (Zelkind, ¶0098); providing at least one actuator (Zelkind, ¶0106); receiving the sensed signals by a processor (620); receiving phenotypic data of the organism in each biovoxel (Zelkind, ¶0124); and providing to the at least one actuator actuation signals by the processor to actuate the at least one actuator to change the at least one environmental condition in response to the sensed signals (Zelkind, ¶0079, 0107) and the phenotypic data (Zelkind, ¶0130-0140).
Regarding claim 25, Zelkind further discloses the computer-readable medium is further configured for communicating with artificial intelligence for adjustment of actuation signals (Zelkind, Figure 7).
Regarding claim 26, Zelkind further discloses a memory configured to store information of desired environmental conditions (Zelkind, ¶0107).
Regarding claim 27, Zelkind further discloses the artificial intelligence being trained on the phenotypic data (Zelkind, ¶0126, ¶0140, ¶0152)(Zelkind teaches retraining AI based on images captured by the camera).
Regarding claim 28, Zelkind further discloses the artificial intelligence comprising a reinforcement learning algorithm configured to evaluate the phenotypic data against an objective function, and wherein the processor is configured to adjust the parameter of the at least one actuator to apply a targeted environmental stressor to the organism to perform directed evolution of the organism based on the evaluation (Zelkind, ¶0126, ¶0130-0140, ¶0152)(Zelkind teaches retraining AI based on images captured by the camera).
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, 7, 10-14, 17-22, and 26-28 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Whelan US 2022/0217919 in view of Zelkind et al US 2021/0137028.
Regarding claims 1-3, 20 and 21, Whelan discloses a system for regulating growth of an organism, the device comprising: a growth capsule (Whelan, ¶0036) comprising an environmental sensor (Whelan, ¶0055-0058), microcontroller (Whelan, ¶0002), and infrastructure port (as best understood)(52, liquid supply conduits); one or more biovoxels (10) located in the growth capsule, each biovoxel being configured to surround the organism and to include material for the growth of the organism; at least one sensor (Whelan, ¶0055-0058) configured to monitor at least one environmental condition in each biovoxel and output sensed signals; at least one blower actuator configured to be actuated in response to actuation signals (Whelan, ¶0059); and a processor (Whelan, ¶0023) configured to receive the sensed signals and output the actuation signals to actuate the at least one actuator to change the at least one environmental condition in response to the sensed signals or phenotypic data (Whelan, ¶0055.
Whelan fails to disclose a camera or the processor configured to adjust a parameter of an actuator using artificial intelligence.
Zelkind teaches a camera configured to capture phenotypic data of the organism in each biovoxel (Zelkind, ¶0124), and a processor using artificial intelligence to adjust a parameter of the at least one actuator in response to the sensed signals and phenotypic data (Zelkind, ¶0025-0026, ¶0107, ¶0130-0140).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to modify the system of Whelan to include a camera configured to capture phenotypic data as to detect anomalies within the system (Zelkind, ¶0124); and for the processor of Whelan to have artificial intelligence to adjust a parameter of the actuator as taught by Zelkind as to allow the system of Whelan to more quickly adjust to changing conditions. Whelan in view of Zelkind is further capable of performing the functional language of claims 2, 3, 20 and 21.
Regarding claim 4, Whelan in view of Zelkind further discloses the sensor being a temperature (Whelan, ¶0055).
Regarding claim 7, Whelan in view of Zelkind further discloses the actuator being a blower (Whelan, ¶0059).
Regarding claim 10, Whelan in view of Zelkind further discloses the growth capsule having an intelligent skin (16) comprising an infrastructure port (Whelan, ¶0036).
Regarding claim 11, Whelan in view of Zelkind further discloses the intelligent skin (16) comprising a system of structural support (Whelan, Figures 8a and 10)
Regarding claim 12, Whelan in view of Zelkind further discloses each biovoxel provides a self-contained growth microenvironment to the organism contained therein independently of adjacent biovoxels (Whelan, ¶0084).
Regarding claim 13, Whelan in view of Zelkind further discloses each biovoxel is modular and comprises interchangeable components (Whelan, ¶0086, 0092).
Regarding claim 14, Whelan in view of Zelkind further discloses at least one biovoxel comprises a microcontroller configured for communicating sensed signals from the sensor to the processor and receiving actuation signals to change the at least one environmental condition (Whelan, ¶0055).
Regarding claim 17, Whelan in view of Zelkind further discloses the biovoxel comprising a microcontroller (Whelan, ¶0055).
Regarding claim 18, Whelan in view of Zelkind further discloses a robotic arm (100).
Regarding claim 19, Whelan in view of Zelkind further discloses the biovoxels are interconnected (Whelan, ¶0089-0090).
Regarding claim 22, Whelan in view of Zelkind discloses a method for regulating growth of an organism, the method comprising steps of: providing biovoxels (10) in a growth capsule (Whelan, ¶0036) comprising an environmental sensor (Whelan, ¶0055-0058), microcontroller (Whelan, ¶0002); monitoring at least one environmental condition in each biovoxel by at least one sensor configured to output sensed signals (Whelan, ¶0055-0058); providing at least one blower actuator (Whelan, ¶0059); receiving the sensed signals by a processor (Whelan, ¶0023); receiving phenotypic data of the organism in each biovoxel (Whelan, ¶0055); and providing to the at least one actuator actuation signals by the processor to actuate the at least one actuator to change the at least one environmental condition in response to the sensed signals and phenotypic data (Whelan, ¶0055-0058).
Whelan fails to disclose the processor configured to adjust a parameter of an actuator using artificial intelligence.
Zelkind teaches a processor using artificial intelligence to adjust a parameter of the at least one actuator in response to the sensed signals (Zelkind, ¶0025-0026, ¶0107). It would be obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to modify the processor of Whelan so that it was capable of performing the function of using artificial intelligence to adjust a parameter of the actuator as taught by Zelkind as to allow the system of Whelan to more quickly adjust to changing conditions.
Regarding claim 26, Whelan in view of Zelkind further discloses a memory (Whelan, ¶0016).
Regarding claim 27, Whelan in view of Zelkind further discloses the artificial intelligence being trained on the phenotypic data (Zelkind, ¶0126, ¶0140, ¶0152)(Zelkind teaches retraining AI based on images captured by the camera).
Regarding claim 28, Whelan in view of Zelkind further discloses the artificial intelligence comprising a reinforcement learning algorithm configured to evaluate the phenotypic data against an objective function, and wherein the processor is configured to adjust the parameter of the at least one actuator to apply a targeted environmental stressor to the organism to perform directed evolution of the organism based on the evaluation (Zelkind, ¶0126, ¶0130-0140, ¶0152)(Zelkind teaches retraining AI based on images captured by the camera).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zelkind et al US 2021/0137028 in view of Dedolph US 3,882,634.
Regarding claim 16, Zelkind discloses the device of claim 1 but fails to disclose the system comprising a clinostat. Dedolph teaches a clinostat in a system for regulating growth of an organism (Dedolph, column 1: lines 18-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Zelkind with the clinostat of Dedolph as to provide a way to accelerate plant growth within the system (Dedolph, abstract, column 1: lines 11-16).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whelan US 2022/0217919 in view of Zelkind et al US 2021/0137028, as applied to claims 1-5, 7, 10-14, 17-22, and 26 above, and in further view of Dedolph US 3,882,634.
Regarding claim 16, Whelan in view of Zelkind discloses the device of claim 1 but fails to disclose the system comprising a clinostat. Dedolph teaches a clinostat in a system for regulating growth of an organism (Dedolph, column 1: lines 18-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Whelan in view of Zelkind with the clinostat of Dedolph as to provide a way to accelerate plant growth within the system (Dedolph, abstract, column 1: lines 11-16).
Response to Arguments
Applicant's arguments filed 04/29/2026 have been fully considered but they are not persuasive.
Zelkind and Whelan in view of Zelkind disclose the limitations of the amended and newly added claims, as discussed above. Given the structure, Zelkind is capable of performing the functional and conditional limitations as claimed.
Both Zelkind and Whelan teach identifying and monitoring phenotypic characteristics of organisms and using these characteristics to adjust an actuator, as discussed above.
In response to applicant's argument that claim 19 requires biovoxels to be interconnected to exchange gases, water, and volatile compounds while the prior art of reference teaches interconnected biovoxels for efficiency, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Further, the applicant argues that the biovoxels of the instant invention allow organisms to exchange volatile compounds and plant-generated signals to facilitate “cellular automata studies.” It is noted that these features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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