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 1, 14 and 19 are objected to because of the following informalities:
Claims 1, 14 and 19 recite “a first open space defined by piping at an outer circumference of the piping and extending longitudinally from the first end of the filtration column to the second end of the filtration column” which for clarity should recite “a first open space defined by
Applicant is advised that should claim 1 be found allowable, claim 14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claim(s) 1, 3, 8, 10-11, 14, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN-112913649-A) in view of Watson (US-10999985-B2).
Regarding claim 1, Jiang discloses a hydroponic farming device comprising:
an upper portion comprising a basin configured to receive an aqueous solution (water collecting cabin 8);
a middle portion comprising a filtration column defining (drain pipe 4, filter 6);
first end proximate to the upper portion of the hydroponic farming device (see annotated fig 1);
a second end proximate to a lower portion of the hydroponic farming device (see annotated fig 1); and
a first open space defined by piping at an outer circumference of the piping and extending longitudinally from the first end of the filtration column to the second end of the filtration column (open space inside drain pipe 4, see annotated fig 1), and
a lower portion comprising at least one dispersion tube (irrigation pipe 19, see annotated fig 1), wherein
the first end of the filtration column is in fluid communication with the basin of the upper portion in operation, the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump (flow path from basin to filtration column via gravity, see fig 1);
the second end of the filtration column is in fluid communication with the at least one dispersion tube of the lower portion such that, in operation, the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump (flow path from second end of filtration column to the irrigation pipes 19 via gravity, see fig 1);
wherein the first open space is configured to receive a filtration material (filter 6 in drain pipe 4, see fig 1 and page 4), and
wherein the filtration material removes is configured to remove at least a portion of the impurities within the aqueous solution before the aqueous solution is directed to the at least one dispersion tube (filter 6 in drain pipe 4, see fig 1 and page 4).
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Jiang fails to disclose a first valve when in an open position, is configured to permit the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump; and a second valve when in an open position, is configured to permit the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump.
Watson teaches a first valve (109) when in an open position, is configured to permit the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump (Jiang modified with the top of system valve 109 of Watson teaches this limitation); and a second valve (150) when in an open position, is configured to permit the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump (Jiang modified with the dispersion tube valve 150 of Watson teaches this limitation).
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 Jiang with the valves of Watson with a reasonable expectation of success as this will allow for precise flow control to ensure the plants are not overwatered which can lead to disease that hinders plant growth.
Regarding claim 3, the modified reference teaches the hydroponic farming device of claim 1, and Jiang further discloses wherein, in operation, the at least one dispersion tube supports the filtration column and basin (irrigation pipe 19 connected to and supporting basin 8, see fig 1).
Regarding claim 8, the modified reference teaches the hydroponic farming device of claim 1, and Jiang further discloses wherein the at least one dispersion tube comprises a plurality of dispersion tubes (multiple irrigation pipes 19, see fig 1).
Regarding claim 10, the modified reference teaches the hydroponic farming device of claim 8.
The modified reference teaches the claimed invention except wherein the plurality of tubes comprises four tubes. 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 plurality of tubes to be four tubes with a reasonable expectation of success because this will provide higher crop yields without requiring a significant amount of space, and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Applicant does not provide criticality regarding the number of dispersion tubes.
Regarding claim 11, the modified reference teaches the claimed invention except wherein the second valve is a five-way valve. Watson as seen above teaches the second valve for the dispersion tubes (150), and a plurality of dispersion tubes (plurality of dispersion tubes 172) and therefore it would be obvious for the second valve to be a five-way valve when there are multiple dispersion tubes to ensure each dispersion tube receives adequate nutrient solution for the plants and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 14, Jiang discloses a system for hydroponic farming comprising:
an upper portion comprising a basin configured to receive an aqueous solution comprising greywater (water collecting cabin 8 for collecting rain and runoff);
a middle portion comprising a filtration column defining (drain pipe 4, filter 6);
a first end proximate to the upper portion of the hydroponic farming device (see annotated fig 1);
a second end proximate to a lower portion of the hydroponic farming device(see annotated fig 1); and
a first open space defined by piping at an outer circumference of the piping and extending longitudinally from the first end of the filtration column to the second end of the filtration column (open space inside drain pipe 4, see annotated fig 1), and
a lower portion comprising at least one dispersion tube (irrigation pipe 19, see fig 1), wherein
the first end of the filtration column is in fluid communication with the basin of the upper portion in operation (see fig 1), the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump (flow path from basin to filtration column via gravity, see fig 1);
the second end of the filtration column is in fluid communication with the at least one dispersion tube of the lower portion (see fig 1) such that, in operation, the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump (flow path from second end of filtration column to the irrigation pipes 19 via gravity, see fig 1);
wherein the first open space is configured to receive a filtration material (filter 6 in drain pipe 4, see fig 1 and page 4), and
wherein the filtration material removes is configured to remove at least a portion of the impurities within the aqueous solution before the aqueous solution is directed to the at least one dispersion tube (filter 6 in drain pipe 4, see fig 1 and page 4).
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Jiang fails to disclose a first valve when in an open position, is configured to permit the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump; and a second valve when in an open position, is configured to permit the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump.
Watson teaches a first valve (109) when in an open position, is configured to permit the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump (Jiang modified with the top of system valve 109 of Watson teaches this limitation); and a second valve (150) when in an open position, is configured to permit the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump (Jiang modified with the dispersion tube valve 150 of Watson teaches this limitation).
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 Jiang with the valves of Watson with a reasonable expectation of success as this will allow for precise flow control to ensure the plants are not overwatered which can lead to disease that hinders plant growth.
Regarding claim 19, Jiang discloses a method of hydroponic farming comprising:
collecting an aqueous solution in a hydroponic farming device (collecting cabin 8 for rainwater), the hydroponic farming device comprising:
an upper portion comprising a basin configured to receive an aqueous solution (water collecting cabin 8);
a middle portion comprising a filtration column defining (drain pipe 4, filter 6);
first end proximate to the upper portion of the hydroponic farming device (see annotated fig 1);
a second end proximate to a lower portion of the hydroponic farming device(see annotated fig 1); and
a first open space defined by piping at an outer circumference of the piping and extending longitudinally from the first end of the filtration column to the second end of the filtration column (open space inside drain pipe 4, see annotated fig 1), and
a lower portion comprising at least one dispersion tube (irrigation pipe 19, see fig 1), wherein
the first end of the filtration column is in fluid communication with the basin of the upper portion (see fig ), such that, in operation, the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump (flow path from basin to filtration column via gravity, see fig 1);
the second end of the filtration column is in fluid communication with the at least one dispersion tube of the lower portion such that (see fig 1), in operation, the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump (flow path from second end of filtration column to the irrigation pipes 19 via gravity, see fig 1);
wherein the first open space is configured to receive a filtration material (filter 6 in drain pipe 4, see fig 1 and page 4), and
wherein the filtration material removes is configured to remove at least a portion of the impurities within the aqueous solution before the aqueous solution is directed to the at least one dispersion tube (filter 6 in drain pipe 4, see fig 1 and page 4).
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Jiang fails to disclose a first valve when in an open position, is configured to permit the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump; and a second valve when in an open position, is configured to permit the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump, manipulating the first valve such that the aqueous solution flows from the basin to at least the first open space; and manipulating the second valve such that the aqueous solution flows from the first open space to the at least one dispersion tube.
Watson teaches a first valve (109) when in an open position, is configured to permit the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump (Jiang modified with the top of system valve 109 of Watson teaches this limitation); and a second valve (150) when in an open position, is configured to permit the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump (Jiang modified with the dispersion tube valve 150 of Watson teaches this limitation), manipulating the first valve such that the aqueous solution flows from the basin to at least the first open space (the fluid of Jiang flows from basin 8 to open space 4 with filter 6, Jiang as modified with the valve of Watson teaches this limitation); and manipulating the second valve such that the aqueous solution flows from the first open space to the at least one dispersion tube (the fluid of Jiang flows from open space 4 with filter 6 to dispersion tubes 19, Jiang as modified with the valve of Watson teaches this limitation).
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 Jiang with the valves of Watson with a reasonable expectation of success as this will allow for precise flow control to ensure the plants are not overwatered which can lead to disease that hinders plant growth.
Claim(s) 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN-112913649-A) in view of Watson (US-10999985-B2) as applied to claims 1 and 14 above, and further in view of Shannon (US 20230397558 A1).
Regarding claim 2, the modified reference teaches the hydroponic farming device of claim 1.
The modified reference fails to teach wherein the first valve is a ball valve.
Shannon teaches wherein the first valve is a ball valve (ball valves for water control, see para 0107).
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 valve with the ball valve of Shannon with a reasonable expectation of success as this will provide precise fluid flow control from the reservoir to the plants to ensure plants are given the proper hydration, as both over and underwatering can cause damage to the plants and since the equivalence of valves and ball valves for their use in the flow control art and the selection of any known equivalents to control water flow would be within the level of ordinary skill in the art.
Regarding claim 15, the modified reference teaches the hydroponic farming device of claim 14.
The modified reference fails to teach wherein the filtration material comprises rocks, sand, charcoal, wood chips, or any combination thereof.
Shannon teaches wherein the filtration material comprises rocks, sand (sand filter, see para 0188), charcoal, wood chips, or any combination thereof.
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 filtration material with sand as taught by Shannon with a reasonable expectation of success because sand filters are beneficial for removing impurities, debris and since the equivalence of a sand filter and any other filter for their use in the fluid filtration art and the selection of any known equivalents to filter fluid would be within the level of ordinary skill in the art.
Claim(s) 4-6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN-112913649-A) in view of Watson (US-10999985-B2) as applied to claims 1 and 14 above, and further in view of Lapointe (US-6219966-B1).
Regarding claim 4, the modified reference teaches the hydroponic farming device of claim 1.
The modified reference fails to teach wherein the at least one dispersion tube defines an opening configured to receive a basket therein.
Lapointe teaches wherein the at least one dispersion tube defines an opening configured to receive a basket therein (net pots 26, see col 3, lines 47-53).
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 dispersion tubes to have extensions with the openings and net pots of Lapointe with a reasonable expectation of success as this will allow for the plants to be in contact with the water for optimal hydration and nutrient absorption while ensuring adequate drainage to prevent root rot or other diseases caused by overwatering (see Lapointe col 4, lines 22-25).
Regarding claim 5, the modified reference teaches the hydroponic farming device of claim 1.
The modified reference fails to teach wherein the at least one dispersion tube further comprises a draining mechanism configured to drain an excess fluid.
Lapointe teaches wherein the dispersion tube further comprises a draining mechanism configured to drain an excess fluid (tube 12 includes drain aperture 19, with valve for closing/opening, see col 3, lines 42-46).
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 dispersion tubes with the drain mechanism of Lapointe with a reasonable expectation of success because this will prevent overwatering which can lead to root rot and disease.
Regarding claim 6, the modified reference teaches the hydroponic farming device of claim 1.
The modified reference fails to teach wherein the draining mechanism comprises a manipulatable cover.
Lapointe teaches wherein the draining mechanism comprises a manipulatable cover (end caps 22, see fig ).
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 drain mechanism with the manipulatable cover of Lapointe with a reasonable expectation of success because this will allow for quick drainage in the case of accidental overwatering.
Regarding claim 18, the modified reference teaches the system for hydroponic farming of claim 14.
The modified reference fails to teach further comprising at least one basket configured to receive a crop therein, wherein the dispersion tube further comprises at least one opening configured to receive the at least one basket.
Lapointe teaches further comprising at least one basket configured to receive a crop therein (net pots 26, see col 3, lines 47-53), wherein the dispersion tube further comprises at least one opening configured to receive the at least one basket (see openings for net pots 26 in figs 3-6, see col 3, lines 47-53).
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 dispersion tubes to have extensions with the openings and net pots of Lapointe with a reasonable expectation of success as this will allow for the plants to be in contact with the water for optimal hydration and nutrient absorption while ensuring adequate drainage to prevent root rot or other diseases caused by overwatering (see Lapointe col 4, lines 22-25).
Claim(s) 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN-112913649-A) in view of Watson (US-10999985-B2) as applied to claim 14 above, and further in view of Giordano (FR-3035297-A1).
Regarding claim 16, the modified reference teaches the hydroponic farming device of claim 14.
The modified reference fails to teach further comprising a strainer positioned within a bottom portion of the filtration column.
Giordano teaches further comprising a strainer positioned within a bottom portion of the filtration column (strainer at drain hole, see page 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 strainer of Giordano with a reasonable expectation of success because this will ensure debris are not permitted into the dispersion tubes to provide a cleaner nutrient solution.
Regarding claim 17, the modified reference teaches the hydroponic farming device of claim 16.
The modified reference fails to teach further comprising a geotextile proximate to the strainer.
Giordano teaches further comprising a geotextile proximate to the strainer (geotextile, see page 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 geotextile proximate to the strainer of Giordano with a reasonable expectation of success because this will further protect the planter substrate from debris.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN-112913649-A) in view of Watson (US-10999985-B2) as applied to claim 19 above, and further in view of Lapointe (US-6219966-B1) and Stubblefield (US-20220377994-A1).
Regarding claim 20, the modified reference teaches the method of claim 19.
The modified reference fails to teach providing a basket configured to receive a crop; placing the basket in an opening defined by the at least one of the dispersion tube placing a crop within the basket, and utilizing a Kratky-based Method to grow the crop.
Lapointe teaches providing a basket configured to receive a crop (net pots 26, see col 3, lines 47-53); placing the basket in an opening defined by the at least one of the dispersion tube placing a crop within the basket see openings for net pots 26 in figs 3-6, see col 3, lines 47-53).
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 dispersion tubes to have extensions with the openings and net pots of Lapointe with a reasonable expectation of success as this will allow for the plants to be in contact with the water for optimal hydration and nutrient absorption while ensuring adequate drainage to prevent root rot or other diseases caused by overwatering (see Lapointe col 4, lines 22-25).
Stubblefield teaches utilizing a Kratky-based Method to grow the crop (see para 0001-0003 and 0024).
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 to use the Kratky-based method of Stubblefield with a reasonable expectation of success because this provides a low power method that prevents under or overwatering for optimal plant growth.
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to independent claim(s) 1, 14 and 19 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. Specifically, the combination of Blank and Shannon is no longer relied upon to teach the main invention, as references Jiang and Watson are now used for the independent claims.
In regards to Applicant’s arguments concerning the claim language “first valve, when in an open position, is configured to permit the aqueous solution to flow from the basin into the first end of the filtration column in the absence a pump;” and “the second valve, when in an open position, is configured to permit the aqueous solution to flow from the second end of the distillation column into the first open space such that at least one dispersion tube in the absence of a pump,” the Examiner notes that this language is functional and does not exclude the existence of a pump, but merely requires the functionality of flow by gravity in the event that a pump is not in use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The art noted in the References Cited document is relevant as it pertains to similar planting systems. Specifically, Higgins teaches a column structure with a basin and a plurality of outputs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE ANNE KLOECKER whose telephone number is (571)272-5103. The examiner can normally be reached M-Th: 8:00 -5:30 MST, F: 8:00 - 12:00 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached on (571) 270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.A.K./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642