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 Objections
Claims 10 and 12-13 are objected to because of the following informalities:
Claims 10 and 12-13 currently read “The vertical plant growing system of claim 9,” which should read “The vertical plant growing system of claim 1” as claim 9 has been cancelled.
Appropriate correction is required.
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.
Claim(s) 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Konno (JP-2014014285-A).
Konno discloses a shelving system for a vertical plant growing system (module 220, see figs 6-7), comprising a top shelf, at least one middle shelf and a bottom shelf (see fig 7, top, bottom and middle shelf), wherein the top shelf and each at least one middle shelf comprises at least distribution tube (54C, see figs 6-8 and 10), running along and connected to the underside of the shelf configured to supply air to the shelf below (duct body 54C is integrally formed with container 30, see page 5 and figs 6-8), each distribution tube having at least one air hole at intervals along the length of the distribution tube (blowing holes 54Ca for plants P in shelf below, see figs 6-8); and wherein the distribution tubes are configured for connection to air supply (54C connected to ventilation duct 254, see page 6 and fig 6).
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) ) 1-2, 6-8, 10, 12-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kodera (JP 2015035975 A, as cited by Applicant in IDS dated 11/23/2023) in view of Konno (JP-2014014285-A).
Regarding claim 1, Kodera discloses an airflow handling and distribution system for a vertical plant growing system (see abstract and figs 1-2), the vertical plant growing system comprising a shelving
system comprising a plurality of shelves (2);
the airflow handling and distribution system (13, 14, 15) comprising:
an air header for operative connection to an air distribution fan (circulation fan 13); wherein the air header comprises at least one vertically oriented pipe (air supply duct 14) having a height at least or substantially corresponding to the height of the shelving system (see figs 1-2);
the vertically oriented pipe (14) including a plurality of vertically spaced connectors (10a, see figs 1-2),
a plurality of air distribution lines (10, see fig 2).
Kodera fails to disclose and the plurality of distribution lines being tubes, wherein each distribution tube runs the length of a shelf and is operatively connected to the vertically oriented pipe via a connector and has at least one air hole at intervals along the length of the distribution tube; wherein when installed, each distribution tube runs parallel and proximal to the underside of a shelf and is connected to the underside of the shelf and wherein each air hole is located to direct air downwards towards each planting slot on a shelf that is below the shelf it is under.
Konno teaches a plurality of distribution tubes (54C, see figs 6-8 and 10), wherein each distribution tube runs the length of a shelf (see figs 6-7) and is operatively connected to the vertically oriented pipe via a connector (connected to pipe 54B via a connector, see figs 6-7) and has at least one air hole at intervals along the length of the distribution tube (blowing holes 54Ca of 54C, see figs 6-8); wherein when installed, each distribution tube runs parallel and proximal to the underside of a shelf and is connected to the underside of the shelf (duct body 54C is integrally formed with container 30, see page 5 and figs 6-8) and wherein each air hole is located to direct air downwards towards each planting slot on a shelf that is below the shelf it is under (blowing holes 54Ca for plants P in shelf below, see page 5 and figs 6-8).
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 system with the connected tubes of Konno with a reasonable expectation of success as this will provide a simpler air duct configuration that will ensure plants in each growing shelf are adequately ventilated.
Regarding claim 2, the modified reference teaches the airflow handling and distribution system of claim 1, and Konno further teaches wherein the at least one air hole is a line of at least two, three or four air holes (multiple blowing holes 54Ca of 54C, see figs 6-8).
Regarding claim 6, the modified reference teaches the airflow handling and distribution system of claim 1, and Konno further teaches wherein the distribution tubes are low profile (duct tubes 54C are integrally connected to body/shelf 30 and therefore are low profile and don’t interfere with plants P, see page 5 and figs 6-8).
Regarding claim 7, the modified reference teaches the airflow handling and distribution system of claim 1, and Konno further teaches wherein the distribution tubes have an oval cross section (see fig 10).
Regarding claim 8, the modified reference teaches a kit for the airflow handling and distribution system of claim 1 (see rejection of claim 1 above), and Kodera further discloses wherein the kit comprises the air header and the plurality of distribution lines (air header fan 13 and duct 14 and distribution lines 10).
Regarding claim 10, the modified reference teaches the airflow handling and distribution system of claim 9, and Kodera further discloses comprising an air distribution fan (air circulation fan 13).
Regarding claim 12, the modified reference teaches the airflow handling and distribution system of claim 9.
The modified reference fails to teach comprising two shelving systems.
Konno teaches comprising two shelving systems (multiple shelving units, see fig 1).
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 two shelving units as taught by Konno with a reasonable expectation of success because this will provide space for increased crop yield and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 13, the modified reference teaches the airflow handling and distribution system of claim 9, and Kodera further discloses wherein said vertical plant growing system is configured as a vertical hydroponic system (see figs 1-2 and abstract).
Regarding claim 15, Kodera discloses a vertical plant growing system comprising:
at least one shelving system comprising a top shelf, at least one middle shelf and a bottom shelf (see fig 2, 3 shelves), wherein the top shelf and each middle shelf comprises at least one distribution line running along the underside of the shelf configured to supply air to the shelf below (see distribution lines 10 with outlets 10b under top and middle shelves, see fig 2),
an airflow handling and distribution system (13, 14, 15) comprising:
an air header for operative connection to an air distribution fan (13); wherein the air header comprises at least one vertically oriented pipe (14) having a height at least or substantially corresponding to the height of the shelving system (see figs 1-2), and
wherein the vertically oriented pipe including a plurality of vertically spaced connectors (10a) for connection to the distribution lines (10).
Kodera fails to disclose the at least one distribution lines being tubes, and connected to the underside of the shelf and is configured to supply air to the shelf below, each distribution tube having at least one air hole at intervals along the length of the distribution tube; and wherein the vertically oriented pipe including a plurality of vertically spaced connectors for connection to the distribution tubes.
Konno teaches the at least one distribution lines being tubes (54C, see figs 6-8 and 10), and connected to the underside of the shelf and is configured to supply air to the shelf below (duct body 54C is integrally formed with container 30, see page 5 and figs 6-8), each distribution tube having at least one air hole at intervals along the length of the distribution tube (blowing holes 54Ca of 54C, see figs 6-8); and wherein the vertically oriented pipe including a plurality of vertically spaced connectors for connection to the distribution tubes (connected to pipe 54B via a connector, see figs 6-7).
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 connected tubes of Konno with a reasonable expectation of success as this will provide a simpler air duct configuration that will ensure plants in each growing shelf are adequately ventilated.
Claim(s) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kodera (JP 2015035975 A) in view of Konno (JP-2014014285-A) as applied to claim 1 above, and further in view of Cho (US 20200214228 A1, as cited by Applicant in IDS dated 11/23/2023).
Regarding claim 3, the modified reference teaches the airflow handling and distribution system of claim 1.
The modified reference fails to teach wherein the air header is a U-shaped header comprising two vertically oriented pipes.
Cho teaches wherein the air header is a U-shaped header comprising two vertically oriented pipes (U-shape made by two sets of vertical pipes 73, see figs 2-3).
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 U-shaped air header with a reasonable expectation of success because this configuration will allow for a more space efficient system with distribution of air to multiple air pipes from one supply duct.
Regarding claim 4, the modified reference teaches the airflow handling and distribution system of claim 1.
The modified reference fails to teach wherein the vertically spaced connector is flexible.
Cho teaches wherein the vertically spaced connector is flexible (71 and 73 have flexible connector pipe, obvious to also have flexible connector for 73 and 74 connection, see para 0118).
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 of Kodera with the flexible connector of Cho with a reasonable expectation of success because this will allow for movement and correction of misalignment between ducts, as well as accommodating expansion or contraction based on airflow.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kodera (JP 2015035975 A) in view of Konno (JP-2014014285-A) as applied to claim 1 above, and further in view of Son (KR 102017854 B1).
Regarding claim 5, the modified reference teaches the airflow handling and distribution system of claim 1.
The modified reference fails to teach wherein two connectors are provided on each level.
Son teaches wherein two connectors are provided on each level (connectors 34/23 on each end).
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 two connectors for each distribution line as taught by Son with a reasonable expectation of success because this will allow for reversible air flow as needed by the plants.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kodera (JP 2015035975 A) in view of Konno (JP-2014014285-A) as applied to claim 13 above, and further in view of Tao (CN-110402724-A).
Regarding claim 14, the modified reference teaches the airflow handling and distribution system of claim 13.
The modified reference fails to teach wherein the hydroponic system is a deep-water culture system and each shelf is configured to support a deep-water culture system pond.
Tao teaches wherein the hydroponic system is a deep-water culture system and each shelf is configured to support a deep-water culture system pond (deep water circulation, see abstract and fig 1).
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 deep water culture of Tao with a reasonable expectation of success because deep water culture provides accelerated plant growth as well as increased nutrient uptake.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kodera (JP 2015035975 A) in view of Konno (JP-2014014285-A) as applied to claim 10 above, and further in view of Gagne (US-10314251-B2).
Regarding claim 17, the modified reference teaches the airflow handling and distribution system of claim 10.
The modified reference fails to teach wherein the air distribution fan is a variable speed fan.
Gagne teaches wherein the air distribution fan is a variable speed fan (varying fan speed, see cold 13, lines 35-45 and variable air movers, col 4, lines 49-54).
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 variable speed fan of Gagne with a reasonable expectation of success as this will allow for varying air recirculation to allow for changes in barometric pressure and micro-climate to ensure the plants are receiving ventilation tailored to their specific needs to optimize growth.
Response to Arguments
Applicant's arguments filed 08/01/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-16 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant’s amendments regarding the distribution tubes, and the tubes being connected to the underside of the plant shelves has resulted in a new grounds of rejection.
In regards to Applicant’s arguments over Cho, the distribution tubes, their cross sectional shape and airflow pattern are now taught by Konno, and therefore Applicant’s arguments regarding the modification of Kodera’s distribution lines is moot as Kodera is no longer relied upon for this element.
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.
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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642