DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are currently pending, with claims 12-20 hereby withdrawn. Claims 1-11 have been considered on their merits, as discussed below.
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.
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 1-3 and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 6,061,957 to Takashima (“Takashima”).
Regarding claim 1, Takashima teaches a plant growing apparatus, comprising: an enclosure (24) having an interior configured to maintain an interior environment and containing at least one light source (42); a planting column (44, 52) formed of a plurality of sections (44, 52) to define a cavity (20); and a conduit (118) having a dispensing apparatus (120) at least partially positioned within the cavity and positioned to distribute aqueous solution throughout the cavity (Col. 8, lines 1-18; FIG. 5); wherein said planting column is configured to be rotatably movable about the dispensing apparatus (Col. 6, lines 4-18); wherein the at least one light source, planting column, and conduit are self-contained with the enclosure as part of the plant growing apparatus (Col. 6, lines 19-25; FIG. 1).
Takashima does not explicitly teach that the plurality of sections are removably coupled to one another. It is well settled, however, that forming in two pieces a component that had formerly been in one piece involves only routine skill in the art. MPEP 2144.04, citing In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Takashima so that the plurality of sections are removably coupled to one another, in order to facilitate cleaning and maintenance.
Regarding claim 2, Takashima as modified teaches each and every element of claim 1, as discussed above, and it teaches the enclosure comprises a top (74), a base (72), and at least one wall (66, 68, 70, 76, 64), wherein said at least one wall has an internal surface configured to reflect light emitted within the enclosure (Col. 6, lines 31-44, teaching that wall 64 has an internal surface configured to reflect light emitted within the enclosure).
Regarding claim 3, Takashima as modified teaches each and every element of claim 1, as discussed above, and it teaches each of the plurality of sections (52, 44) have at least one opening (50) configured to receive a plant (Col. 7, lines 36-39; FIG. 2).
Regarding claim 5, Takashima as modified teaches each and every element of claim 1, as discussed above, and it teaches a water source that includes a reservoir (86), wherein the reservoir is substantially separated from the interior of the enclosure by a bottom wall (82, FIG. 1; Col. 6, lines 59-65).
Regarding claim 6, Takashima as modified teaches each and every element of claim 1, as discussed above, and it teaches the dispensing apparatus (120) is positioned through a top portion of the planting column (FIG. 5; Col. 8, lines 1-18).
Regarding claim 7, Takashima as modified teaches each and every element of claim 1, as discussed above, and it teaches an irrigation system comprising a pump (106) and a secondary fluid conduit (40) configured to transport water from a water source to the conduit (Col. 8, lines 1-18; FIGS. 1, 2, 5).
Regarding claim 8, Takashima as modified teaches each and every element of claim 1, as discussed above, and it teaches the planting column further comprises a rotatable base (46; Col. 6, lines 1-18).
Regarding claim 9, Takashima as modified teaches each and every element of claim 1, as discussed above, and it teaches a control system configured to monitor and control temperature, humidity, and light color spectrum to manipulate plant growth within the enclosure (Col. 8, line 58, to Col. 10, line 20) (The language of claim 9 is notably broad. The control system of Takashima, which automatically turns the lights on/off, constitutes “a control system configured to monitor and control… light color spectrum”. Also, the control system of Takashima necessarily monitors and controls the humidity).
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Takashima as applied to claim 1 above, and further in view of U.S. Publication No. 20180184602 to OFIR et al. (“OFIR”).
Regarding claim 14, Takashima as modified teaches each and every element of claim 1, as discussed above, but it does not explicitly teach that the light source includes at least one light emitting diode (LED).
OFIR teaches a plant growing apparatus, including an LED light source (¶ [0060]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Takashima so that the light source is an LED, as taught by OFIR, in order to control changes in the light spectrum and thus enhance plant growth (see, e.g., OFIR at ¶¶ [0005], [0060]).
Regarding claim 11, Takashima as modified by OFIR teaches each and every element of claim 4, as discussed above, and Takashima teaches the LED provides a variable color spectrum that is selectable by a control system to manipulate plant growth (¶¶ [0020], [0060]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of the Takashima and OFIR so that the LED provides a variable color spectrum that is selectable by a control system to manipulate plant growth, in order to control changes in the light spectrum and thus enhance plant growth.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Takashima as applied to claim 1 above, and further in view of KR 20160089787 to Lim (“Lim”)1 (a copy of the reference and its English translation are provided herewith).
Regarding claim 10, Takashima as modified teaches each and every element of claim 1, as discussed above, but it does not explicitly teach a drawer formed in the base of the plant growing apparatus and configured to house a removable water reservoir.
Lim teaches a plant growing apparatus, comprising a drawer (130) a drawer formed in the base of the plant growing apparatus and configured to house a removable water reservoir (FIG. 2; pgs. 3 and 6 of attached English translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Takashima by further provided a drawer, as taught by Lim, in order to help maintenance of the water reservoir.
Response to Arguments
Applicant's arguments filed 10/14/2025 have been fully considered but they are not persuasive.
Takashima teaches a conduit (118) having a dispensing apparatus (120) at least partially positioned within the cavity and positioned to distribute aqueous solution throughout the cavity (Col. 8, lines 1-18; FIG. 5). As shown in FIG. 5, in Takashima, the conduit has a dispensing apparatus, and the conduit is at least partially positioned within the cavity and positioned to distribute aqueous solution throughout the cavity.
Conclusion
THIS ACTION IS MADE FINAL. 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 MARISA CONLON whose telephone number is (571)272-4387. The examiner can normally be reached Mon-Fri 9:00-6:00.
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/MARISA V CONLON/ Primary Examiner, Art Unit 3643
1 Provisional application 62/405,532 does not provide 112(a) support for claim 1, and thus the effective filing date of claims 1-12 is not 10/07/2016. For example, application 62/405,532 fails to disclose a plant growing apparatus having a planting column formed of a plurality of sections removably coupled to one another to define a cavity.