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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/14/26 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one active system comprises a substrate displacement system configured to move the substrate of claim 7, that appears to be separate from the pusher must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 introduces “a pusher” in line 2. However, claim 1, from which claim 12 dependents, introduces a pusher in line 15. Therefore, it is unclear whether these are the same pushers or if the claims are requiring two separate pushers, thus rendering the claim indefinite.
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.
Claims 1, 5, 7-8, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR 2020/0072763) in view of Wang (CN 217242201)
Regarding Claim 1, Oh discloses an automated insect farming installation, comprising at least one container (breeding tray 10; Figures 1 and 4) and a mobile work station (mobile cart 30), the container being configured to contain a substrate (medium 3; Figure 4), the mobile workstation comprising:
a displacement system configured to move the mobile workstation by mechanical cooperation with a guiding system of an associated insect farming installation (moving cart 30 with pinion gears 340 in association with rails 20; Figures 1 and 2),
at least one active system configured to perform at least one action onto a substrate (discharge unit 50 and plow 40),
wherein the at least one active system comprises a ploughing system (plow section 40),
wherein the mobile workstation comprises a pusher (discharge part 50), the pusher being at the front of the mobile workstation (Figure 1) and comprising a flat plate (blade 510; Figure 2), the pusher being positionable in an upper position in which the pusher is above a surface of the substrate (Figures 10 and 11), and in a lower position in which a bottom of the pusher can touch an internal surface of a bottom of a container (Figures 8, 9, and 12) ), the pusher comprising a front edge having a sharp shape configured to shear the substrate when moving from the upper position to the lower position (Figures 7 and 8 shows pusher 50 cutting off a portion of the substrate when moving to the lower position),
wherein the size of the pusher is adapted to match the container (Figure 5), the length and height of the pusher being adapted to cover the transverse section of the container up to the level of the substrate (Figures 5 and 7), and
wherein the pusher is configured, in the lower position, to separate a portion of the substrate from a bulk of the substrate (Figures 7 and 8 show the pusher 50 separating and pushing out a portion of the substrate to the left of pusher 50).
Oh fails to explicitly disclose a control system configured to control the mobile workstation, the mobile workstation being alimented by at least one source of energy; and wherein the mobile workstation further comprises an actuation system adapted to place the ploughing system alternatively in an active condition where the ploughing system is adapted to plough the substrate and a passive condition where the ploughing system is adapted to stay outside of the substrate.
However, Wang teaches a similar insect breeding system comprising a control system configured to control the mobile workstation (“This embodiment can realize computer control, one host controls one breeding system, and is connected to the wireless monitoring system, the control operation is completed through the mobile phone, and the data is transmitted to the background for remote monitoring.” Page 4 second to last Paragraph of translation), the mobile workstation being alimented by at least one source of energy (“The raking machine can be equipped with a battery, minus the hardware requirements for power configuration required by industrial or civil electricity, so that the operation process is clean and neat, and the potential safety hazard caused by leakage is reduced.” Page 2 second to last Paragraph of translation); and wherein the mobile workstation (rake machine 2) further comprises an actuation system adapted to place the ploughing system (rake roller 202) alternatively in an active condition where the ploughing system is adapted to plough the substrate (Figure 5) and a passive condition where the ploughing system is adapted to stay outside of the substrate (Figure 6; “The materials put on the insect feeding tank are evenly distributed and loosened by the raking roller 202 , and the pushing shovel 208 is lifted away from the tank plate 104 . When the feeders such as black soldier flies become adults, use the pushing shovel 208 to clean up the adults and the worm excrement, and push them to the end collection place, so that the adults and the worm excrement enter the next process, and the rake roller 202 is lifted out of the groove at this time.” Pahe 4 Paragraph 9 of translation).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the mobile workstation of Oh, with the control system and energy source of Wang, with reasonable expectation of success, in order to allow the user to more easily control the movements of the workstation necessary for efficient work, and to have modified the plow of Oh, to move in and out of the substrate as taught by Wang, with reasonable expectation of success, in order to help ensure the substrate can be thoroughly broken up and mixed for healthy growth of the biological material, while also ensuring the plow is out of the way during cleaning and maintenance of the container.
Regarding Claim 5, Oh as modified teaches the mobile workstation of claim 1. Oh further discloses the mobile workstation, wherein the at least one active system comprises a substrate removal system configured to remove the substrate (blade 510, medium 3; Figures 1 and 8), and wherein the actuation system is configured to place the substrate removal system alternatively in an active condition in which the substrate removal system is configured to remove the substrate and a passive condition in which the substrate removal system is configured to remain outside the substrate (Figures 8, 10, and 12; “By rotating the bottom plate 110 in the vertical direction, the blade 510 can be moved up and down in a vertical state.” Paragraph [0108]).
Regarding Claim 7, Oh as modified teaches the mobile workstation of claim 1. Oh further discloses the mobile workstation, wherein the at least one active system comprises a substrate displacement system configured to move the substrate (blade 510; Figures 7 and 8), and wherein the actuation system is configured to place the substrate displacement system alternatively in an active condition in which the substrate displacement system is configured to move the substrate and a passive condition in which the substrate displacement system is configured to remain outside the substrate (Figures 8, 10, and 12; “When the length of the elevating cylinder that forms the elevating member 540 increases, the blade 510 descends vertically and is placed on the upper part of the bottom plate 110 of the breeding tray 10, as shown in FIG. 7.” Paragraph [0124]).
Regarding Claim 8, Oh as modified teaches the mobile workstation of claim 1.
Oh fails to disclose the mobile workstation, wherein the mobile workstation comprises an energy reserve stock configured to provide energy to move the mobile workstation and/or an actuation system.
However, Wang teaches the automated insect farming installation, wherein the mobile workstation comprises an energy reserve stock configured to provide energy to move the mobile workstation and/or an actuation system (“The raking machine can be equipped with a battery, minus the hardware requirements for power configuration required by industrial or civil electricity, so that the operation process is clean and neat, and the potential safety hazard caused by leakage is reduced.” Page 2 second to last Paragraph of translation).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the mobile workstation of Oh, with the energy reserve of Wang, with reasonable expectation of success, in order to help ensure the workstation is able to maintain operations consistently throughout its schedule.
Regarding Claim 10, Oh as modified teaches the mobile workstation of claim 1. Oh further discloses the mobile workstation, further comprising a connection system (supply unit 70; Figure 5) configured to be connected to at least one of an external source of energy, air and liquid (“Food waste sludge may be made by mixing food waste powder and water, and the supply unit 70” Paragraph [0088]) through at least one of an electrical cable, a compressed air-pipe, and a liquid line (supply line 720; Figure 5).
Regarding Claim 11, Oh as modified teaches the mobile workstation of claim 10. Oh further discloses the mobile workstation, further comprising a distribution system (hose 720) configured to distribute at least one of energy, air and liquid (fluid insect food Paragraph [0087]) from the connection system to one or more systems of the mobile workstation (Paragraph [0091]; Figure 5).
Regarding Claim 12, Oh as modified teaches the mobile workstation of claim 1. Oh further discloses the mobile workstation, further comprising a pusher (blade 510, medium 3; Figures 1 and 8) and wherein the actuation system is configured to place the pusher alternatively in an active condition in which the pusher is configured to move part of the substrate into and outside of a container of the automated farming installation, and a passive condition in which the pusher is configured to stay outside of the substrate (Figures 8, 10, and 12; “By rotating the bottom plate 110 in the vertical direction, the blade 510 can be moved up and down in a vertical state.” Paragraph [0108]).
Regarding Claim 13, Oh as modified teaches the mobile workstation of claim 1. Oh further discloses the mobile workstation, wherein the mobile workstation does not comprise any reservoir for holding of any of eggs, larvae, insects, liquid, water, cleaning water, humidifying water, food, nutrients, substrate or mixture thereof (Figures 1 and 6-16; the medium 3 is on the bottom plate 110).
Regarding Claim 14, Oh as modified by Wang teaches an automated farming installation comprising a continuous profiled container configured to receive substrate (breeding tray 10; medium 3; Figures 1 and 4), the mobile workstation according to claim 1 (see rejection of claim 1 above), and a guiding system configured to mechanically cooperate with the displacement system of the mobile workstation (moving rail 20; Figure 1).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR 2020/0072763) in view of Wang (CN 217242201) as applied to claim 1 above, and further in view of Qing et al. (CN 110250112) and Sabeg et al. (US 2020/0323173).
Regarding Claim 2, Oh as modified teaches the mobile workstation of claim 1.
Oh fails to disclose the mobile workstation, further comprising at least one sensor configured to measure at least one parameter of at least one of the substrate and air surrounding the substrate, and wherein the at least one active system comprises a resource release system configured to release at least one vital resource upon activation based on monitoring of the at least one parameter.
However, Qing teaches the mobile workstation, further comprising at least one sensor configured to measure at least one parameter of at least one of the substrate and air surrounding the substrate (humidity sensor and temperature sensor Paragraph [0015]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the workstation of Oh with the sensor of Qing, with reasonable expectation of success, in order to help ensure the conditions are optimal for healthy growth of the biological material.
Additionally, Sabeg teaches an insect rearing system wherein the at least one active system comprises a resource release system configured to release at least one vital resource upon activation based on monitoring of the at least one parameter (“adjust a humidity level output of the at least one air conditioning unit in response to feedback from the humidity sensor,” Paragraph [0014]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the active system of Oh, with the humidifier of Sabeg, with reasonable expectation of success, in order to help ensure the insects have a proper environment to ensure healthy growth.
Regarding Claim 3, Oh as modified teaches the mobile workstation of claim 2.
Oh fails to disclose the mobile workstation, wherein the at least one sensor is positioned on a portion of the mobile workstation that is configured to move from above the substrate to inside the substrate.
However, Qing teaches the mobile workstation, wherein the at least one sensor is positioned on a portion of the mobile workstation that is configured to move from above the substrate to inside the substrate (“a humidity sensor and a temperature sensor may be provided on the plowing device” Paragraph [0015]; the plowing device is configured to move up and down vertically via driving device 8; Paragraphs [0026] and [0031]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the workstation of Oh, with the sensor attached to the active system of Qing, with reasonable expectation of success, in order to help ensure the conditions within the substrate are optimal for healthy growth of the biological material.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR 2020/0072763) in view of Wang (CN 217242201) as applied to claim 1 above, and further in view of Sabeg et al. (US 2020/0323173).
Regarding Claim 6, Oh as modified teaches the mobile workstation of claim 1.
Oh fails to disclose the mobile workstation, wherein the at least one active system comprises a humidification system.
However, Sabeg teaches an insect rearing system wherein the at least one active system comprises a humidification system (“adjust a humidity level output of the at least one air conditioning unit in response to feedback from the humidity sensor,” Paragraph [0014]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the active system of Oh, with the humidifier of Sabeg, with reasonable expectation of success, in order to help ensure the insects have a proper environment to ensure healthy growth.
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR 2020/0072763) in view of Wang (CN 217242201) as applied to claims 1 and 14 above, and further in view of Bolard (EP 3968476)
Regarding Claim 4, Oh as modified teaches the mobile workstation of claim 1. Oh further discloses the mobile workstation, wherein the displacement system comprises a motor (driving motor 351) and at least one driving wheel connected to the motor (driving rotating body 352), and configured for mechanical cooperation with the guiding system of the insect farming installation; the motor being configured to rotate the driving wheel in both rotational directions (Figures 6-12) and
Oh fails to disclose wherein the displacement system comprises an engine and wherein the control system is configured to deliver signals to activate rotation of the driving wheel in both rotational directions.
However, Bolard teaches a similar mobile workstation wherein a displacement system (compensation trolly 8) comprises an engine (engine 81) and at least one driving wheel connected to the engine (pinion 82; Figure 3; Paragraph [0069]) wherein the control system is configured to deliver signals to activate rotation of the driving wheel in both rotational directions (Paragraphs [0082] and [0091]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motor and wheel of Oh, with the engine and signals of Bolard, with reasonable expectation of success, in order to help increase the efficiency of the system, and allow the controller to more easily operate the workstation.
Regarding Claim 15, Oh as modified teaches the mobile workstation of claim 14.
Oh fails to disclose the automated farming installation, further comprising a lift system configured to vertically move the mobile workstation from one level comprising the continuous profiled container to another level comprising another continuous profiled container.
However, Bolard teaches an automated farming installation, further comprising a lift system configured to vertically move the mobile workstation from one level comprising the continuous profiled container to another level comprising another continuous profiled container (lift system 5; “lift system 5 is provided to vertically lift a mobile workstation 6.” Paragraph [0057]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the farming system of Oh, to have multiple levels with a lift as taught by Bolard, with reasonable expectation of success, in order to decrease the amount of space used within the installation, and help increase the overall efficiency.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR 2020/0072763) in view of Wang (CN 217242201) as applied to claim 1 above, and further in view of Wang et al. (CN 115399296)
Regarding Claim 9, Oh as modified teaches the mobile workstation of claim 1. Oh further discloses the mobile workstation wherein the actuation system is configured to place the active system alternatively in an active condition in which the active system is configured to clean the container and a passive condition in which the active system is configured to stay outside of the container (Figures 8, 10, and 12; “When the length of the elevating cylinder that forms the elevating member 540 increases, the blade 510 descends vertically and is placed on the upper part of the bottom plate 110 of the breeding tray 10, as shown in FIG. 7.” Paragraph [0124]).
Oh fails to disclose wherein the at least one active system comprises a brush configured to clean a substrate-receiving container of the farming installation, and
However, Wang ‘296 discloses a similar insect farming system wherein the at least one active system comprises a brush configured to clean a substrate-receiving container of the farming installation (“the excrement cleaning track is equipped with a cleaning brush for cleaning the bottom of the bee box” Page 5 Paragraph 1 of translation),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the active system of Oh, with the brush as taught by Wang ‘296, with reasonable expectation of success, in order to help provide sanitary conditions and a healthy environment for the insects to grow in.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR 2020/0072763) in view of Wang (CN 217242201) and Bolard (EP 3968476) as applied to claim 15 above, and further in view of Xu et al. (WO 2022/041303).
Regarding Claim 16, Oh as modified teaches the mobile workstation of claim 15.
Oh fails to disclose then automated farming installation, wherein the lift system is configured to move substrate from a substrate supply to a continuous profiled container.
However, Xu teaches an automated farming installation, wherein the lift system is configured to move substrate from a substrate supply to a continuous profiled container (“the combined harvesting and feeding device further includes an insect feed adding device installed on the frame of the harvesting and feeding combination device, and a feed adding device lifting device for raising and lowering the insect feed adding device.” Page 3 Paragraph 8 of translation “The insect feed adding device 430 adds larvae feed to the breeding box 100.” Page 8 Paragraph 1 of translation).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the farming system of Oh, to have multiple levels with a lift as taught by Xu, with reasonable expectation of success, in order to decrease the amount of space used within the installation, and help increase the overall efficiency.
Response to Arguments
Applicant’s arguments filed 5/14/26 with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Newly added reference Wang (CN 217242201) in combination with other previously used references teach the currently presented claims as amended, as discussed in the current rejection above.
Applicant's arguments filed 5/14/26 have been fully considered but they are not persuasive.
Applicant argues on page 7 that “[Oh’s] teachings concern movement and discharge of substrate generally, not selective portion-by-portion handling to manage structural loading.” The Office respectfully disagrees. Oh does teach portioning off sections of the substrate as seen in Figures 7-8 and 12-13, as well as discussed in the currently presented rejection above.
Conclusion
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/A.K.P./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
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