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 § 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.
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.
Claims 1-4,6,8,9 are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. (KR 101393421 B1) in view of Millar et al. (US 20180359974 A1) and McHenry et al. (US 20210059140 A1).
For claim 1, Jo et al. teach a high-density grow rack system with integrated track conveyance and post-processing and controls (all embodiments from figs. 1-17b, for they are interchangeable or the same elements just in different formations; for example, fig. 13, ref. 730 is the same as ref. 300 as stated in the translation), the high-density grow rack system comprising:
a plurality of grow rack units (fig. 1, each shelf unit as shown) arranged in an array, each grow rack unit including multiple grow layers with inter-layer spacing;
a frame structure (fig. 1, frame where ref. 300 is pointing at) for constructing said grow rack units, wherein adjacent grow rack units are integrated into a single frame (fig. 1, all of the units are integrated inside frame where ref. 300 is), and wherein the frame subdivides each grow rack unit into sequentially numbered rectangular sub-units (one on top of each other; also, fig. 2 shows the side view which each left side and right side can be considered sub-units), each sub-unit containing a plurality of evenly spaced crop trays (10);
a grow layer track system (fig. 3) on each grow layer, configured to support the crop trays via a pulley system (figs. 7a-10 and refs. 130,335,334, etc.);
the pulley system comprising upper, lower, and side wheels (fig. 3, refs. 11,130, 335,331) engaging tracks of the grow layer track system;
the crop trays comprising end-mounting plates (figs. 3,5, plates where the wheels 11 attach thereto in correlation with fig. 3 brackets/plates components) for attachment to the pulley system;
adjustable connecting components (12) on the crop trays;
a respective transfer platform (ref. 710 or 720 per fig. 13) provided on each side of the grow rack unit, each transfer platform equipped with a set of tracks (same set of tracks as shown in fig. 3 for fig. 13) for docking with the tracks of the grow layer track system; and
at least a section of the tracks of transfer platform comprising at least one of a linear (fig. 13 shows linear), a curved, and a spiral configuration.
However, Jo et al. are silent about the plurality of evenly spaced crop trays that are connected together via adjustable connecting components to enable changes to the spacing between the crop trays; a post-processing platform located on the periphery of the grow rack unit, including a transport track for connection with either the tracks of the grow layer track system or the tracks of the transfer platform, and equipped with sequential functional processing modules including a harvest module, a cleaning module, and a transplanting module.
McHenry et al. teach a high-density grow rack system comprising a plurality of evenly spaced crop trays (1010,1010A,1010B) that are connected together via adjustable connecting components (1610, fig. 16C) to enable changes to the spacing between the crop trays (functional recitation to which the adjustable connecting components can perform the intended function of to enable changes to the spacing between the crop trays). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include adjustable connecting components as taught by McHenry et al. on the plurality of evenly spaced crop trays of Jo et al. to connect the trays together in order to process the trays in at least two trays together so as to expedite the process by processing two or more trays together and not each tray separately.
Millar et al. teach a high-density grow rack system comprising a post-processing platform (fig. 2, not numbered but can be seen as conveyor-type platform to transfer the grow rack unit for processing in the harvester, cleaner, seeding, etc.) located on the periphery of the grow rack unit, including a transport track (fig. 2 the conveyor system as shown but not numbered) for connection with either the tracks of the grow layer track system or the tracks of the transfer platform, and equipped with sequential functional processing modules including a harvest module (208), a cleaning module (214), and a transplanting module (108). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a post-processing platform with transport track that leads to a harvest module, a cleaning module, and a transplanting module as taught by Millar et al. in the grow rack system of Jo et al. as modified by McHenry et al. in order to provide post-processing such as harvesting, cleaning, replanting, etc., for such operations are necessary to finish the growing process for sale to the customers.
For claim 2, Jo et al. as modified by McHenry et al. and Millar et al. teach the high-density grow rack system of claim 1, wherein: the tracks of the grow layer track system, the tracks of the transfer platform, and the transport track each comprise pairs of parallel rails (figs. 1,3 of Jo et al. show parallel rails); the rails are mounted within the frame structure, the transfer platform, or the post-processing platform using a plurality of brackets (fig. 1 of Jo et al. shows the rails are mounted within the frame; also, Millar et al. teach the rails being mounted within the cylindrical frame, thus, when combined with Jo et al., the rails of the post-processing platform would result in the same); and the tracks feature terminating ends designed as junctions, which are capable of interfacing and connecting with other tracks within the system (as shown in figs. 12,13 of Jo et al. that the tracks are in junction with each other to provide connections).
For claim 3, Jo et al. as modified by McHenry et al. and Millar et al. teach the high-density grow rack system of claim 1, wherein: the tracks of the grow layer track system utilize linear-style tracks (as taught in Jo et al.); and the track of the post-processing platform includes variations comprising one or more of a flat, linear-type track; a flat "U"-style track; a vertical "S"-style track; and a vertical "L"-style track (as modified with Millar et al., which shows a flat, linear-type track in fig. 2).
For claim 4, Jo et al. as modified by McHenry et al. and Millar et al. teach the high-density grow rack system of claim 1, wherein each transport platform is mounted on the frame structure (fig. 13 of Jo et al., the transport platform 710,720 are mounted on the frame).
For claim 6, Jo et al. as modified by McHenry et al. and Millar et al. teach the high-density grow rack system of claim 1, wherein: the pulley system comprises: a primary connecting shaft attached to the crop tray (fig. 3 of Jo et al., shaft can be the member right below ref. 335 and right above ref. 334; OR fig. 5 shaft can be bracket and shaft of ref. 11), integrated with an upper connecting plate (fig. 3 of Jo et al., upper connecting plate can be ref. 120 or 130; OR fig. 5 plate where ref. 11 connects thereto); the upper connecting plate equipped with a pair of upper wheels (335) that engage a top of a rail of the tracks (a rail can be 333 or 334 in Jo et al.).
However, Jo et al. as modified by McHenry et al. and Millar et al. are silent about the wheels being U-grooved wheels; and a plurality of secondary connecting shafts attached to a side wall of the upper connecting plate; the secondary connecting shafts connecting to a lower connecting plate, which includes a pair of U-grooved lower wheels that engage a bottom of the rail of the tracks; and the secondary connecting shafts also outfitted with a side wheel that engages a side of the rail of the tracks.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the pulley system configuration of Jo et al. as modified by McHenry et al. and Millar et al. (as shown in fig. 3 of Jo et al.) with a pulley system having U-grooved wheels and secondary connecting shafts attached to a side wall of the upper connecting plate; the secondary connecting shafts connecting to a lower connecting plate, which includes a pair of U-grooved lower wheels that engage a bottom of the rail of the tracks; and the secondary connecting shafts also outfitted with a side wheel that engages a side of the rail of the tracks, since a simple substitution of one known equivalent element for another would obtain predictable results (both types of pulley system configurations would allow conveying the grow unit along the tracks). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 8, Jo et al. as modified by McHenry et al. and Millar et al. teach the high-density grow rack system of claim 1, but are silent about wherein: the system includes a post-processing system featuring a post-processing platform which contains modules for activities including at least one of seeding and packaging. In addition to the above, Millar et al. teach the system includes a post-processing system featuring a post-processing platform which contains modules for activities including at least one of seeding and packaging (para. 0039; also, Millar et al. teach harvesting, thus, it should be implied that when you harvest plants for sales, the plants will be in packages, thus, packaging is included in harvesting). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a post-processing system featuring a post-processing platform which contains modules for activities including at least one of seeding and packaging as taught by Millar et al. in the system of Jo et al. as modified by McHenry et al. and Millar et al. in order to provide post-processing such as seeding for replanting and restarting the process or system again, and harvesting and packaging for consumer sales.
For claim 9, Jo et al. as modified by McHenry et al. and Millar et al. teach the high-density grow system of claim 1, but are silent about wherein: the system includes a control system comprising a plurality of processing modules and a central controller that oversees and directs the processing modules, the control system configured to execute instructions to perform one or more of the following: when harvesting is required, the control system directs the transfer platform to dock with the appropriate tracks of the grow layer track system in a grow rack unit; transfer crop trays from said grow rack unit to said transfer platform; maneuver the transfer platform to dock with the transport track of the post-processing platform; transfer the crop trays to said post-processing platform for processing; following completion of post-processing tasks on said post-processing platform, return said crop trays to said transfer platform; and relocate the transfer platform to an original position on said grow rack unit, thereby returning said crop trays to respective positions on said grow rack unit.
In addition to the above, Millar et al. teach the system includes a control system comprising a plurality of processing modules (seeding 108, cleaning 210, harvesting 208) and a central controller (106) that oversees and directs the processing modules, the control system configured to execute instructions (para. 0063) to perform one or more of the following: when harvesting is required, the control system directs the transfer platform to dock with the appropriate tracks of the grow layer track system in a grow rack unit (para. 0031-0061); transfer crop trays from said grow rack unit to said transfer platform 0031-0061; maneuver the transfer platform to dock with the transport track of the post-processing platform (para. 0031-0061); transfer the crop trays to said post-processing platform for processing (para. 0031-0061); following completion of post-processing tasks on said post-processing platform, return said crop trays to said transfer platform (para. 0031-0061); and relocate the transfer platform to an original position on said grow rack unit, thereby returning said crop trays to respective positions on said grow rack unit (for seeding again, para. 0031-0061). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a control system comprising a plurality of processing modules and a central controller that oversees and directs the processing modules, the control system configured to execute instructions to perform one or more of the items as claims as taught by Millar et al. in the system of Jo et al. as modified by McHenry et al. and Millar et al. in order to provide automated control of stages or stations as the plants go through planting, harvesting, cleaning, replanting, etc. for mass production.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. as modified by McHenry et al. and Millar et al. as applied to claim 1 above, and further in view of Park (US 20130305601 A1).
For claim 5, Jo et al. as modified by McHenry et al. and Millar et al. teach the high-density grow rack system of claim 1, but are silent about the crop trays have a plurality of holes placed at regular intervals, used for planting crops and securely anchoring the crops to the tray;
Park teaches a high-density grow rack system crop trays (30) have a plurality of holes (331) placed at regular intervals, used for planting crops and securely anchoring the crops to the tray. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of holes placed at regular intervals as taught by Park on the crop trays of Jo et al. as modified by McHenry et al. and Millar et al. in order to provide anchors and covers in the even the user wishes to place pots in the holes and use the covers to cover from debris or the like.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. as modified by McHenry et al. and Millar et al. as applied to claim 1 above, and further in view of Blair et al. (CN 108024508 A).
For claim 7, Jo et al. as modified by McHenry et al. and Millar et al. teach the high-density grow rack system of claim 1, but are silent about wherein: each rectangular sub-unit includes a respective lighting system.
Blair et al. teach a high-density grow system comprising each rectangular sub-unit includes a respective lighting system (translation states: “In some embodiments, the bracket is equipped with artificial illumination, for example on a certain layer or multi-layer bracket, every layer is provided with one or more light emitting diode (LED).” and “For example, artificial illumination 340 can be all or part of each layer area are distributed. artificial illumination 340 can include one or more light emitting diodes (LEDs), artificial lighting product plant growth lamp or other suitable. The interlayer can be 310 the crop 205 and/or crop 205 of growth period, selecting artificial illumination 340 wavelength or range of wavelengths, such as red and/or blue spectrum, in order to promote the growth of crops and/or increasing yield.”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a respective lighting system as taught by Blair et al. in each of the rectangular sub-unit of Jo et al. as modified by McHenry et al. and Millar et al. in order to provide proper light for each of the rectangular sub-unit separately in the event the user wishes to grow different types of plant that require lighting recipe.
Response to Arguments
Applicant’s arguments with respect to claims 1-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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/Son T Nguyen/Primary Examiner, Art Unit 3643