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 .
Response to Arguments
Applicant’s arguments, see Pre-Appeal Brief filed 5/9/2025, with respect to the rejections of claims 1, 21, and 43 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejections and the finality of the office action mailed on February 11, 2025 have been withdrawn. However, upon further consideration, a new ground of rejection is hereby made in view of Glaser et al. (US 2018/0288949) and Thomas et al. (US 2021/0315169).
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.
The limitation “means for creating vibration” in line 21 of claim 21 is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, as a sound generating speakers and/or a vibration generator (paragraph [0115]).
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means to inject CO2” in claim “means for injecting a desired amount of CO2” in claims 8 and 48 respectively.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Objections
Claim 56 is objected to because of the following informalities:
In claim 56, line 1, “The apparatus of claim 43” should be changed to --The CEA facility of claim 43--.
Appropriate correction is required.
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 1-6, 8-9, 21, 24-25, 27-29, 31, 35, 43, and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Bogner et al. (US 2019/0059242) in view of Glaser et al. (US 2018/0288949) and Thomas et al. (US 2021/0315169).
Regarding claim 1, Bogner et al. discloses an apparatus for managing vapor pressure difference (VPD) in a controlled environment agricultural (CEA) facility (see paragraph [0061]) comprising: a canopy containing plant and tray assemblies including trays containing plants (Fig. 11, paragraph [0060]); a plurality of light sources (145) directed perpendicular to the plant and tray assemblies (Fig. 11); at least one primary air duct (117) in communication with the plant and tray assemblies containing plants (Fig. 11 multiple primary air ducts); at least one air terminus of the at least one primary air duct mingled with the plurality of light sources for directing air flow perpendicular toward the plant and tray assemblies (Figs. 2E, 2F, 7A, and 11 show the air terminus (102), (135) of (117) mingled with (145) perpendicular towards plants); an air flow system, the air flow system being configured to compensate for losses and gains in temperature and humidity largely caused by the plurality of light sources and transpiration by the plants (paragraphs [0061] and [0078] note the air flow system and how transpiration is controlled); and at least one air mover ((105)/(103)), the at least one air mover being configured to create a flow of air from the air flow system to the at least one primary air duct (Fig. 11 shows movement of air from ((105)/(103)) to each (117)); wherein the at least one air mover is further configured to create the air flow at a rate configured to directly ventilate an entire canopy of the plants (paragraph [0060] notes the direct ventilation of the entire canopy of plants).
Bogner et al. does not explicitly disclose an air conditioning system being configured to alter a temperature and a humidity of air received there in to create a conditioned air, at a desired temperature and a desired humidity level; wherein the at least one air mover and the air conditioning system are directly coupled; and the at least one air mover is configured to directly ventilate an entire canopy of the plants by intermittently using at least one of: conditioned air from said air conditioning system; or ambient air contained within said CEA facility.
Another embodiment of Bogner et al. is taught that includes the air flow system directly coupled to the at least one air mover (paragraph [0049] notes that the ducting can be coupled to the fan (105)). 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 apparatus of Bogner et al., with a reasonable expectation of success, to include direct coupling of the at least one air mover and the air flow system in order to better control the flow of the air that is being used.
Glaser et al. teaches an air conditioning system for controlling an agricultural environment, the air conditioning system being configured to alter a temperature and a humidity of air received therein to create a conditioned air (paragraph [0010], a subsystem of the air system conditioning the air, through an air reserve, paragraph [0027] teaches the air reserve can be part of an HVAC environment), at a desired temperature and a desired humidity level (paragraph [0010], conditioning including heat, cool, and/or control humidity); wherein the at least one air mover and the air conditioning system are directly coupled (Fig. 1A); and wherein the at least one air mover is further configured to create the air flow at a rate configured to directly ventilate an entire canopy of the plants by intermittently using at least one of: conditioned air from said air conditioning system; or ambient air contained within said CEA facility (paragraph [0011] teaches that the air flow directly ventilates the entire canopy by intermittently using the conditioned air in the air reserve, and the ambient air recirculated in the facility). 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 apparatus of Bogner et al. to include an air conditioning system as taught by Glaser et al., with a reasonable expectation of success, in order to provide conditioned air to the canopy for increased production of growth in the plants by having more control of the variables.
Thomas et al. teaches an air conditioning system, and that it is well known in the art to include light sources and transpiration as inputs for the temperature and humidity of the area (paragraphs [0010]-[0014] ). 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 apparatus of Bogner et al. modified by Glaser et al. to create a conditioned air, at a desired temperature and a desired humidity level to compensate for losses and gains in temperature and humidity largely caused by the plurality of light sources and transpiration by the plants as is taught by Thomas et al., with a reasonable expectation of success, in order to better control the environment with respect to energy loads from the environment of the grow space (Thomas et al.: paragraph [0014]).
Regarding claim 2, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 1, and teaches (references to Bogner et al.) the at least one air terminus is strategically placed between said light sources (Figs. 2E and 11).
Regarding claim 3, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 2, and teaches (references to Bogner et al.) the plurality of light sources consist of an array of light bars (145) facing the plant and tray assemblies (Fig. 11).
Regarding claim 4, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 3, and teaches (references to Bogner et al.) the at least one air mover is selected from the group consisting of low pressure blowers, high pressure blowers, air compressors, and pancake fans with airflow directed downwardly and perpendicular to the plant and tray assemblies (the air mover ((103)/(105)) is a pancake fan, see Figs. 2A, 2G, and the air exits out of the air terminus with airflow directed downwardly and perpendicular to the plant and tray assemblies, see Fig. 11).
Regarding claim 5, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 4, and teaches (references to Bogner et al.) the at least one air terminus is located between adjacent light bars (Figs. 2 and 11 show (102), (135) of (117) between adjacent (145)).
Regarding claim 6, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 5, and teaches (references to Bogner et al.) the at least one air terminus promotes turbulence and air volume that is needed for avoiding hot spots on plant leaves (paragraph [0008] notes the air movement and volume in the canopy of plants).
Regarding claim 8, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 5, and teaches (references to Bogner et al.) the apparatus having means to inject CO2 (Fig. 6) into air being directed downwardly toward the plant and tray assemblies (paragraph [0039] notes the carbon dioxide mixed with the filtered air that flows into the ducts (117)).
Regarding claim 9, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 4, and teaches (references to Bogner et al.) wherein air is delivered perpendicular to the canopy from at least one of the group consisting of: a) the air amplifier driven by high-pressure primary air; b) an air outlet driven by low-pressure primary air; and, c) a flat cabinet or muffin type fan, driven by electric power with no primary air (group b) air outlets (102) driven by a fan ((103), (105)) with low-pressure primary air).
Regarding claim 21, Bogner et al. discloses an apparatus for managing vapor pressure difference (VPD) in a controlled environment agricultural facility (CEA) (see paragraph [0061]) comprising: a canopy containing plant and tray assemblies including trays containing plants (Fig. 11, paragraph [0060]; an air flow system, the air flow system being configured to compensate for losses and gains in temperature and humidity largely caused by a plurality of light sources and transpiration by the plants (paragraphs [0061] and [0078] note the air flow system and how transpiration is controlled); at least one primary air duct (117) in communication with the plant and tray assemblies containing plants (Fig. 11); the plurality of light sources (145) directly above the plant and tray assemblies (Fig. 11); at least one air terminus of the primary air duct mingled with the plurality of light sources for directing air flow downwardly and perpendicular toward the plant and tray assemblies (Figs. 2E, 2F, 7A, and 11 show the air terminus (102), (135) of (117) mingled with (145) perpendicular towards plants); at least one air mover ((105)/(103)), the at least one air mover being configured to create a flow of air from the air flow system to the at least one primary air duct (Fig. 11 shows movement of air from ((105)/(103)) to each (117)); wherein the at least one air mover is further configured to create the air flow at a rate configured to directly ventilate an entire canopy of the plants (paragraph [0060] notes the direct ventilation of the entire canopy of plants).
Bogner et al. does not explicitly disclose an air conditioning system being configured to alter a temperature and a humidity of are received there to create a conditioned air, at a desired temperature and a desired humidity level; the at least one air mover configured to directly ventilate an entire canopy of the plants by intermittently using at least one of: conditioned air from the air conditioning system; an ambient air contained within the CEA facility; or means for creating vibration at leaves of said plants to help breakup of boundary layers on said leaves.
Another embodiment of Bogner et al. is taught that includes the air flow system directly coupled to the at least one air mover (paragraph [0049] notes that the ducting can be coupled to the fan (105)). 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 apparatus of Bogner et al., with a reasonable expectation of success, to include direct coupling of the at least one air mover and the air flow system in order to better control the flow of the air that is being used.
Glaser et al. teaches an air conditioning system for controlling an agricultural environment, the air conditioning system being configured to alter a temperature and a humidity of air received therein to create a conditioned air (paragraph [0010], a subsystem of the air system conditioning the air, through an air reserve, paragraph [0027] teaches the air reserve can be part of an HVAC environment), at a desired temperature and a desired humidity level (paragraph [0010], conditioning including heat, cool, and/or control humidity); wherein the at least one air mover and the air conditioning system are directly coupled (Fig. 1A); and wherein the at least one air mover is further configured to create the air flow at a rate configured to directly ventilate an entire canopy of the plants by intermittently using at least one of: conditioned air from said air conditioning system; or ambient air contained within said CEA facility (paragraph [0011] teaches that the air flow directly ventilates the entire canopy by intermittently using the conditioned air in the air reserve, and the ambient air recirculated in the facility). 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 apparatus of Bogner et al. to include an air conditioning system as taught by Glaser et al., with a reasonable expectation of success, in order to provide conditioned air to the canopy for increased production of growth in the plants by having more control of the variables.
Thomas et al. teaches an air conditioning system, and that it is well known in the art to include light sources and transpiration as inputs for the temperature and humidity of the area (paragraphs [0010]-[0014] ). 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 apparatus of Bogner et al. modified by Glaser et al. to create a conditioned air, at a desired temperature and a desired humidity level to compensate for losses and gains in temperature and humidity largely caused by the plurality of light sources and transpiration by the plants as is taught by Thomas et al., with a reasonable expectation of success, in order to better control the environment with respect to energy loads from the environment of the grow space (Thomas et al.: paragraph [0014]).
Regarding claim 24, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 21, and teaches (references to Bogner et al.) the at least one air terminus is strategically placed between the plurality of light sources (Figs. 2E and 11).
Regarding claim 25, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 24, and teaches (references to Bogner et al.) the plurality of light sources consist of an array of light bars (145) facing the plant and tray assemblies (Fig. 11).
Regarding claim 27, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 24, and teaches (references to Bogner et al.) the at least one air terminus is located between adjacent light bars (Figs. 2 and 11 show (102), (135) of (117) between adjacent (145)).
Regarding claim 28, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 21, and teaches (references to Bogner et al.) wherein air is delivered perpendicular to the canopy from at least one of the group consisting of: a) an air amplifier driven by high-pressure primary air; b) an air outlet driven by low-pressure primary air; and, c) a flat cabinet or muffin type fan, driven by electric power with no primary air (group b) air outlets (102) driven by a fan ((103), (105)) with low-pressure primary air).
Regarding claim 29, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 27, and teaches (references to Bogner et al.) the at least one air terminus promotes turbulence and air volume that is needed for avoiding hot spots on plant leaves (paragraph [0008] notes the air movement and volume in the canopy of plants).
Regarding claim 31, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 27, and teaches (references to Bogner et al.) open space between lighting and plants is maintained free of any objects which could cast shadows or interfere with photosynthesis (see Fig. 11).
Regarding claim 35, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 31, and teaches (references to Bogner et al.) the at least one air terminus are strategically placed between the plurality of light sources (Figs. 2E and 11).
Regarding claim 43, Bogner et al. discloses a controlled environment agricultural (CEA) facility (see paragraph [0061]) comprising: a plurality of tray assemblies each configured to hold one or more plants to be cultivated (Fig. 11, paragraph [0060]); wherein at least a portion of the plurality of tray assemblies are arranged to form a first layer configured to extend in a first linear direction (Fig. 11); wherein a second portion of the plurality of tray assemblies are formed into a plurality of additional layers, being spaced apart in the vertical direction and positioned above the first layer (Fig. 11); a plurality of light sources (145) positioned directly above each of the plurality of tray assemblies (Fig. 11), being configured to illuminate the plants in the plurality of tray assemblies (Fig. 11); at least one primary air duct (117) for the first layer and for each of the plurality of additional layers (117); wherein the at least one primary air duct comprises: a plurality of distributed openings (102) configured to direct air perpendicularly towards the plants in the plurality of tray assemblies (Figs. 2 and 11); an air flow system, the air flow system being configured to compensate for losses and gains in temperature and humidity largely caused by the plurality of light sources, and transpiration by the plants (paragraph [0061] and [0078] note the air flow system and how transpiration is controlled); at least one air mover ((105)/(103)), the at least one air mover being configured to create a flow of air from the air flow system to the at least one primary air duct (Fig. 11 shows movement of air from ((105)/(103)) to each (117)); wherein the at least one air mover is further configured to create the air flow at a rate configured to directly ventilate an entire canopy of the plants (paragraph [0060] notes the direct ventilation of the entire canopy of plants); wherein the plurality of distributed openings in the at least one primary air duct are intermingled with the plurality of light sources in two dimensions being with respect to said first linear direction and a second linear direction, said second linear direction being perpendicular to said first linear direction (Figs. 2 and 11 show (102), (135) of (117) intermingled with (145) perpendicular towards plants).
Bogner et al. does not explicitly disclose an air conditioning system being configured to alter a temperature and a humidity of air received there in to create a conditioned air, at a desired temperature and a desired humidity level; wherein the at least one air mover and the air conditioning system are directly coupled; and the at least one air mover is configured to directly ventilate an entire canopy of the plants by intermittently using at least one: conditioned air from the air conditioning system; or an ambient air contained within the CEA facility.
Another embodiment of Bogner et al. is taught that includes the air flow system directly coupled to the at least one air mover (paragraph [0049] notes that the ducting can be coupled to the fan (105)). 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 apparatus of Bogner et al., with a reasonable expectation of success, to include direct coupling of the at least one air mover and the air flow system in order to better control the flow of the air that is being used.
Glaser et al. teaches an air conditioning system for controlling an agricultural environment, the air conditioning system being configured to alter a temperature and a humidity of air received therein to create a conditioned air (paragraph [0010], a subsystem of the air system conditioning the air, through an air reserve, paragraph [0027] teaches the air reserve can be part of an HVAC environment), at a desired temperature and a desired humidity level (paragraph [0010], conditioning including heat, cool, and/or control humidity); wherein the at least one air mover and the air conditioning system are directly coupled (Fig. 1A); and wherein the at least one air mover is further configured to create the air flow at a rate configured to directly ventilate an entire canopy of the plants by intermittently using at least one of: conditioned air from said air conditioning system; or ambient air contained within said CEA facility (paragraph [0011] teaches that the air flow directly ventilates the entire canopy by intermittently using the conditioned air in the air reserve, and the ambient air recirculated in the facility). 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 apparatus of Bogner et al. to include an air conditioning system as taught by Glaser et al., with a reasonable expectation of success, in order to provide conditioned air to the canopy for increased production of growth in the plants by having more control of the variables.
Thomas et al. teaches an air conditioning system, and that it is well known in the art to include light sources and transpiration as inputs for the temperature and humidity of the area (paragraphs [0010]-[0014] ). 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 apparatus of Bogner et al. modified by Glaser et al. to create a conditioned air, at a desired temperature and a desired humidity level to compensate for losses and gains in temperature and humidity largely caused by the plurality of light sources and transpiration by the plants as is taught by Thomas et al., with a reasonable expectation of success, in order to better control the environment with respect to energy loads from the environment of the grow space (Thomas et al.: paragraph [0014]).
Regarding claim 56, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the CEA facility of claim 43, and teaches (references to Bogner et al.) wherein air is delivered perpendicular to the canopy from at least one of the group consisting of: a) an air amplifier driven by high-pressure primary air; b) an air outlet driven by low-pressure primary air; and, c) a flat cabinet or muffin type fan, driven by electric power with no primary air (group b) air outlets (102) driven by a fan ((103), (105)) with low-pressure primary air).
Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Bogner et al. (US 2019/0059242) in view of Glaser et al. (US 2018/0288949) and Thomas et al. (US 2021/0315169) as applied to claim 6 above, and further in view of Hwan (KR 20230039990).
Regarding claim 7, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 6. However, Bogner et al. as modified by Glaser et al. and Thomas et al. does not explicitly teach the at least one air terminus generates up to twenty-five times the airflow of compressed air input via an air amplifier.
Hwan teaches an air amplification apparatus (20) for an air conditioning system, wherein the air amplifier generates increased airflow from the compressed air input (lines 338-342 of machine translation teach the air amplifier increasing the air velocity of the supplied air into the space). 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 apparatus of Bogner et al. modified by Glaser et al. and Thomas et al. to include an air amplifier as taught by Hwan in order to increase the circulation within the space to more evenly distribute the air within the space. Please note in the combination, the space is the canopy taught by Bogner et al.
Regarding claim 10, Bogner et al. as modified by Glaser et al., Thomas et al., and Hwan teaches (references to Bogner et al.) the apparatus of claim 7 in which open space between lighting and plants is maintained free of any objects which could cast shadows or interfere with photosynthesis (see Fig. 11).
Claims 22 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Bogner et al. (US 2019/0059242) in view of Glaser et al. (US 2018/0288949) and Thomas et al. (US 2021/0315169) as applied to claims 21 and 43 respectively above, and further in view of Limpert et al. (US 2019/0223386).
Please note that the means for creating vibration is an optional limitation which was not chosen in the rejection above for claim 21, however for compact prosecution, the following rejection is being provided. Regarding claim 22, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 21. However, Bogner et al. as modified by Glaser et al. and Thomas et al. does not explicitly teach a means for creating vibration at leaves of said plants to help breakup of boundary layers on said leaves in which the means comprises one or more sound generators in or adjacent spaces between the plurality of light sources and the plants.
Limpert et al. teaches a means for creating vibration (air-pulsing device (188), or audio transducer (189)) at leaves of said plants to help breakup of boundary layers on said leaves (paragraph [0087]) in which said means comprises one or more sound generators in or adjacent spaces between said light sources and said plants (Fig. 1B8, para 87, air-pulsing device (188), or audio transducer (189) at around 600Hz). 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 apparatus of Bogner et al. modified by Glaser et al. and Thomas et al. to include a means for creating vibration as taught by Limpert et al. in order to help the plants self-pollinate (Limpert et al.: paragraph [0087]).
Regarding claim 44, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the CEA facility of claim 43. However, Bogner et al. as modified by Glaser et al. and Thomas et al. does not explicitly teach the CEA facility further comprising: a plurality of sound speakers mingled the said plurality of distributed openings and the plurality of light sources; and wherein each of the plurality of sound speakers are configured to output sound to create vibrations to break up and reduce boundary layers on the leaves of the plants.
Limpert et al. teaches a plurality of sound speakers mingled with the plurality of distributed openings and the plurality of light sources (air-pulsing device (188), or audio transducer (189)); and wherein each of the plurality of sound speakers are configured to output sound to create vibrations to break up and reduce boundary layers on the leaves of the plants (paragraph [0087]). 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 CEA facility of Bogner et al. modified by Glaser et al. and Thomas et al. to include a plurality of sound speakers as taught by Limpert et al. in order to help the plants self-pollinate (Limpert et al.: paragraph [0087]).
Claims 23 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Bogner et al. (US 2019/0059242) in view of Glaser et al. (US 2018/0288949) and Thomas et al. (US 2021/0315169) as applied to claim 21 above, and further in view of Fu (US 2023/0180687).
Please note that the means for creating vibration is an optional limitation which was not chosen in the rejection above for claim 21, however for compact prosecution, the following rejection is being provided. Regarding claim 23, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 21. However, Bogner et al. as modified by Glaser et al. and Thomas et al. does not explicitly teach the means comprises one or more vibration generators connected to the plant trays.
Fu teaches one or more vibration generators connected to said plant trays (paragraph [0075], vibration unit (985), Fig. 6). 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 apparatus of Bogner et al. modified by Glaser et al. and Thomas et al. to include one or more vibration generators connected to said plant trays as taught by Fu in order to provide stimulation of the growth of the plants (Fu: paragraph [0080]).
Regarding claim 26, Bogner et al. as modified by Glaser et al., Thomas et al., and Fu teaches the apparatus of claim 23, and teaches (references to Bogner et al.) the at least one air mover is selected from the group consisting of low pressure blowers, high pressure blowers, air compressors, and pancake fans with airflow directed downwardly and perpendicular to the plant and tray assemblies (the air mover ((103)/(105)) is a pancake fan, see Figs. 2A, 2G, and the air exits out of the air terminus with airflow directed downwardly and perpendicular to the plant and tray assemblies, see Fig. 11).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Bogner et al. (US 2019/0059242) in view of Glaser et al. (US 2018/0288949), Thomas et al. (US 2021/0315169), and Fu (US 2023/0180687) as applied to claim 26 above, and further in view of Hwan (KR 20230039990).
Regarding claim 30, Bogner et al. as modified by Glaser et al., Thomas et al., and Fu teaches the apparatus of claim 26. However, Bogner et al. as modified by Glaser et al., Thomas et al., and Fu does not explicitly teach said air terminus generates up to twenty-five times the airflow of compressed air input via the air amplifier.
Hwan teaches an air amplification apparatus (20) for an air conditioning system, wherein the air amplifier generates increased airflow from the compressed air input (lines 338-342 of machine translation teach the air amplifier increasing the air velocity of the supplied air into the space). 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 apparatus of Bogner et al. modified by Glaser et al., Thomas et al., and Fu to include an air amplifier as taught by Hwan in order to increase the circulation within the space to more evenly distribute the air within the space. Please note in the combination, the space is the canopy taught by Bogner et al.
Claims 45-49 are rejected under 35 U.S.C. 103 as being unpatentable over Bogner et al. (US 2019/0059242) in view of Glaser et al. (US 2018/0288949), Thomas et al. (US 2021/0315169), and Limpert et al. (US 2019/0223386) as applied to claim 44 above, and further in view of Fu (US 2023/0180687).
Regarding claim 45, Bogner et al. as modified by Glaser et al., Thomas et al., and Limpert et al. teaches the CEA facility of claim 44. However, Bogner et al. as modified by Glaser et al., Thomas et al., and Limpert et al. does not explicitly teach the CEA facility further comprising: at least one vibration generator positioned with respect to each of the plurality of tray assemblies; and wherein each of the at least one vibration generator is configured to create vibrations to break up and reduce boundary layers on the leaves of the plants.
Fu teaches at least one vibration generator positioned with respect to each of the plurality of tray assemblies; and wherein each of the at least one vibration generator is configured to create vibrations to break up and reduce boundary layers on the leaves of the plants (paragraph [0075], vibration unit (985), Fig. 6). 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 apparatus of Bogner et al. modified by Glaser et al., Thomas et al., and Limpert et al. to include at least one vibration generator positioned with respect to each of said plurality of tray assemblies as taught by Fu in order to provide stimulation of the growth of the plants (Fu: paragraph [0080]).
Regarding claim 46, Bogner et al. as modified by Glaser et al., Thomas et al., Limpert et al., and Fu teaches the CEA facility of claim 45, and teaches (references to Fu) wherein each the at least one vibration generator is centrally positioned within the plurality of tray assemblies; and wherein each of the at least one vibration generator is secured to the plurality of tray assemblies (paragraph [0075], vibration unit (985), Fig. 6).
Regarding claim 47, Bogner et al. as modified by Glaser et al., Thomas et al., Limpert et al., and Fu teaches the CEA facility of claim 46, and teaches (references to Bogner et al. unless otherwise noted) wherein the plurality of distributed openings (102), the plurality of light sources (145), and the plurality of sound speakers (Limpert et al.: (air-pulsing device (188), or audio transducer (189)) are regularly distributed above the plurality of tray assemblies of each layer, being regularly distributed with respect to said first linear direction and said second linear direction (Figs. 2E and 11 of Bogner et al. and Fig. 1B8 of Limpert et al.).
Regarding claim 48, Bogner et al. as modified by Glaser et al., Thomas et al., Limpert et al., and Fu teaches the CEA facility of claim 47, and teaches (references to Bogner et al.) the CEA facility further comprising: a tank of C02 (131); and means for injecting a desired amount of C02 into the conditioned air from the air conditioning system (Fig. 6, paragraph [0039]).
Regarding claim 49, Bogner et al. as modified by Glaser et al., Thomas et al., Limpert et al., and Fu teaches the CEA facility of claim 47, and teaches (references to Limpert et al. unless otherwise noted) wherein the sound is at 432 hertz (paragraph [0039] notes the range is between 300 and 900 Hz, which 432 hertz falls within); and wherein the at least one air mover is one or more of: a low-pressure blower, a high-pressure blower, and an air compressor (Fu: paragraph [0308] notes the use of an air compressor). 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 CEA facility of Bogner et al. as modified by Glaser et al., Thomas et al., Limpert et al., and Fu to include an air compressor as taught by Fu in order to provide the proper force of air based on the sizing of the facility and amount of tray assemblies.
Claims 51, 52, and 54 are rejected under 35 U.S.C. 103 as being unpatentable over Bogner et al. (US 2019/0059242) in view of Glaser et al. (US 2018/0288949) and Thomas et al. (US 2021/0315169) as applied to claims 1, 43, and 21 respectively above, and further in view of Shelor et al. (US 10165734).
Regarding claim 51, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 1. However, Bogner et al. as modified by Glaser et al. and Thomas et al. does not explicitly teach the apparatus further comprising a fan capable of moving room air (Rair) into the canopy, if greater flow of air to the canopy is needed for ventilating the canopy.
Shelor et al. teaches a fan capable of moving room air (Rair) into the canopy, if greater flow of air to the canopy is needed for ventilating the canopy (Fig. 3, col. 6, lines 47-54). 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 apparatus of Bogner et al. modified by Glaser et al. and Thomas et al. to include an additional fan moving room air into the canopy as taught by Shelor et al. in order to further provide movement of the air within the space (Shelor et al.: Fig. 3, col. 6, lines 47-54).
Regarding claim 52, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the CEA facility of claim 43. However, Bogner et al. as modified by Glaser et al. and Thomas et al. does not explicitly teach the CEA facility further comprising a fan capable of moving room air (Rair) into the canopy, if greater flow of air to the canopy is needed for ventilating the canopy.
Shelor et al. teaches a fan capable of moving room air (Rair) into the canopy, if greater flow of air to the canopy is needed for ventilating the canopy (Fig. 3, col. 6, lines 47-54). 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 CEA facility of Bogner et al. modified by Glaser et al. and Thomas et al. to include an additional fan moving room air into the canopy as taught by Shelor et al. in order to further provide movement of the air within the space (Shelor et al.: Fig. 3, col. 6, lines 47-54).
Regarding claim 54, Bogner et al. as modified by Glaser et al. and Thomas et al. teaches the apparatus of claim 21. However, Bogner et al. as modified by Glaser et al. and Thomas et al. does not explicitly teach the apparatus further comprising a fan capable of moving room air (Rair) into the canopy, if greater flow of air to the canopy is needed for ventilating the canopy.
Shelor et al. teaches a fan capable of moving room air (Rair) into the canopy, if greater flow of air to the canopy is needed for ventilating the canopy (Fig. 3, col. 6, lines 47-54). 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 apparatus of Bogner et al. modified by Glaser et al. and Thomas et al. to include an additional fan moving room air into the canopy as taught by Shelor et al. in order to further provide movement of the air within the space (Shelor et al.: Fig. 3, col. 6, lines 47-54).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Zimmerman et al. (US 2018/0206416), Day et al. (US 2021/0352853), and Carson (US 2019/0133052) teach apparatuses that provide controlled environments for greenhouses.
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/C.W.L./Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643