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 . This action is made final.
Claims 1-11 and 14-16 filed on 06/29/2026 have been reviewed and considered by this office action.
Specification
The amendment to the specification filed on 06/29/2026 has been reviewed and is considered acceptable.
Response to Arguments
Applicant's arguments filed 06/29/2026 have been fully considered but they are not persuasive. Applicant submits that Bongartz does not disclose locally controlling temperature at a selected region of a plant or group of plants to achieve a desired harvest time for a portion of the yield without affecting the time of harvest from other regions of the plant or group of plants or from other plants or groups of plants in the growing environment. According to Applicant, Bongartz does not anticipate independent claims 1 and 14 because the cited portions disclose only separate concepts: (i) modifying growth parameters for plants affected by a changed delivery date and (ii) applying spatially variable or localized temperature control. Examiner respectfully disagrees.
Applicant acknowledges that Bongartz “discusses spatially variable temperature control and localized heating or cooling” and that “a movable infrared laser aimed at selected plants or at plant positions such as roots, buds, or petals may be a localized heat source.” Applicant also acknowledges that Bongartz concerns “plant-level, growing-unit-level, or sale-unit- level scheduling in response to a delivery-date change.” These are parts of the same control process. [0989] describes receiving a changed target time, identifying the plants affected by that change, delaying or accelerating their growth of maturation, and implementing the change through temperature control, including temperature at the plant root, blossom, or leaves. [1003-1008] describe the corresponding control algorithm: identify the affected plants, determine their current growth state, calculate modified control parameters for the desired maturity at the target date, and apply those parameters to accelerate or delay the affected plants or their fruit. [1237] describes the actuator used to implement that command locally by directing infrared radiation to selected plants or selected groups of plants, or at a certain position on the plant. [1263] confirms that the temperature profile is used to accelerate or delay plant growth and refers to “Flexible Growth.” Therefore, the scheduling function determines what change is required, the control unit determines which plants require the change, and the localized temperature system applies that change to the selected target.
The unaffected harvest timing follows from this selective control architecture. The modified temperature command is applied only to the identified plants or plant positions. Unselected plants do not receive the modified temperature command and remain under their existing control program. This is different from changing the ambient temperature of the entire growing environment.
The processing line embodiment provides an example of the same selective operation. [0287] removes selected trays for separate treatment while the other trays continue through the processing line. [0292] states that those other trays continue according to predefined timing, and [0312] identifies low or high temperature treatment as one of the treatments applied to the selected trays. Thus, temperature treatment changes the development schedule of the selected plants, while the unselected plants continue on their existing schedule.
Accordingly, Applicant’s arguments are not persuasive since Bongartz describes the limitations in these claims. For at least these reasons, the rejection is still deemed proper and has been maintained.
Applicant may wish to amend the claims to recite changing the ambient temperature of the growing environment to affect the selected region and applying local cooling to each unselected region in an amount that compensates for the ambient temperature change, thereby maintaining the unselected region at its temperature before the ambient temperature change, as disclosed, for example, on Page 8, Lines 16-25 of Applicant’s specification.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bongartz et al. (US 2020/0134741 A1).
Regarding claim 1, Bongartz discloses a system for controlling a time-dependent yield function for a plant or group of plants in a growing environment, comprising: a local temperature control system for locally controlling the temperature at one or more regions of the plant or group of plants ([1235]: “the temperature influencing means are configured to influence the temperature differently in different locations of the agricultural facility”); and
a control system ([0985]: “a control unit connected to the actuators and configured to identify the plants affected by the change in delivery date”) comprising:
an input interface for receiving an indication of a desired harvest time for a portion of the yield from the plant or group of plants ([0983]: “an acquisition unit for acquiring the change of the delivery date for a product of a plant”; [0989]: “The change in target time can be triggered by an amended customer query. Depending on the notice for the change in delivery date, it is possible to delay or accelerate germination, growth or maturing of the product”),
an output interface to control the local temperature control system to achieve the desired harvest time for the portion of the yield from the plant or group of plants ([0986]: “a computing device connected to the acquisition unit and the control unit and configured to establish modified control parameters for the actuators on the basis of the determined current growth status in such a way that the desired state (degree of maturity) of the product is obtained at the time of the amended delivery date”), and
the control system being adapted to achieve the desired harvest time for the portion of the yield from the plant or group of plants by locally controlling the temperature at at least one region of the one or more regions of the plant or group of plants to be different from an ambient temperature in the growing environment ([1236]: “the computing device is further configured to keep or change a vertical temperature profile across the height of the agricultural facility or of plants”; [1237]: “Local heating can be applied by using e.g. a moveable infrared laser device that emits IR-radiation on selected plants or selected groups of plants, or at a certain position on the plant (root, buds, petals, etc.). Cooling airflow can be applied through ducts along the plants or by focused jet streams”) to accelerate or slow down the growth of the plant or group of plants at the at least one region of the one or more regions without affecting the time of harvest from other regions of the one or more regions of the plant or group of plants or from other plants or groups of plants in the growing environment ([1008]: “the modified control parameters are calculated in such a way that they delay or accelerate the germination, the growth or the maturing of the affected plants or of the product (fruit) of the plants”; [0989]: “In the case of a change in the customer-related delivery date, the plants affected thereby are identified by the control unit. To this end, whole growing units (in the case of a large order, for example) can be provided with an ID, for example a QR code, but also the smallest individual sale units, such as plant pots, planting bowls, etc.”).
Regarding claim 2, Bongartz discloses the system of claim 1.
Bongartz further discloses wherein the local temperature control system comprises at least a local heating system ([1239]: “the temperature influencing means of the actuator device comprise one or more of the following means: heating device, cooling device, HVAC, heating pipe, IR-radiator, irrigation, cool/warm airflow, wind channel, heat shields”; [1237]: “Local heating can be applied by using e.g. a moveable infrared laser device that emits IR-radiation on selected plants or selected groups of plants, or at a certain position on the plant (root, buds, petals, etc.)”).
Regarding claim 3, Bongartz discloses the system according to claim 1.
Bongartz further discloses wherein the different regions are different heights of the plant ([1330]: “the present disclosure may enable to further direct light to different regions of the plant, in particular to different vertical sections of the plant. Consequently, those leaves at the tip of the plants may be arranged between two layers of the lighting fixture, such that leaves and other plant sections below the uppermost leaves may be supplied with sufficient light. This may increase the agricultural outcome (yield). Those layers or parts of the layers being situated below the uppermost leaves may be controlled to emit light at a reduced or an increased intensity or with an altered spectrum of light, respectively a different light recipe”).
Regarding claim 4, Bongartz discloses the system according to claim 1.
Bongartz further discloses wherein the local temperature control system comprises a set of one or more horizontal heating structures placed between the plants ([1317]: “multiple light guides may be provided wherein at least one of the light guides is arranged horizontally, and at least one, in some embodiments/implementations multiple, light guides are arranged vertically or at least inclined with respect to the target area”).
Regarding claim 5, Bongartz discloses the system according to claim 1.
Bongartz further discloses wherein the local temperature control system comprises a radiation delivery system ([1239]: “the temperature influencing means of the actuator device comprise one or more of the following means: heating device, cooling device, HVAC, heating pipe, IR-radiator, irrigation, cool/warm airflow, wind channel, heat shields”; [1472]: “a reflector reflects infrared radiation down to the plants, thus heating the plants and improving their growth, while recovering the heat energy which would have been lost otherwise”).
Regarding claim 6, Bongartz discloses the system of claim 5.
Bongartz further discloses wherein the radiation delivery system comprises spectrum tunable radiation sources ([1070]: “a light recipe can not only set the spectral intensities of the light module but can also define the emission characteristics (e.g., beam width, emission angle, polarization) in cooperation with optical elements (e.g., lenses, mirrors, polarizers). Light recipes can also be created in customer-specific fashion. Thus, the light recipes define the optimal spectrum or a (non-ideal) spectrum that approximates an optimal spectrum for an envisaged application. This spectrum can be present as a continuous intensity distribution over the wavelength (or wavenumber), or else as a discrete intensity distribution over certain spectral ranges, wherein the spectrum or spectrums is/are able to be set in a variable, i.e., changeable, manner”).
Regarding claim 7, Bongartz discloses the system according to claim 1.
Bongartz further discloses wherein the local temperature control system further comprises a cooling system ([1239]: “the temperature influencing means of the actuator device comprise one or more of the following means: heating device, cooling device, HVAC, heating pipe, IR-radiator, irrigation, cool/warm airflow, wind channel, heat shields”; [1237]: “Cooling airflow can be applied through ducts along the plants or by focused jet streams”).
Regarding claim 8, Bongartz discloses the system of claim 7.
Bongartz further discloses wherein the cooling system comprises a cool air delivery system ([1239]: “the temperature influencing means of the actuator device comprise one or more of the following means: heating device, cooling device, HVAC, heating pipe, IR-radiator, irrigation, cool/warm airflow, wind channel, heat shields”; [1237]: “Cooling airflow can be applied through ducts along the plants or by focused jet streams”), a cold water pipe system ([1199] :If the temperature rises above the level (e.g. in greenhouses on a very sunny day), measures are taken to reduce the temperature (e.g. open the windows to create air ventilation, or start a cold liquid irrigation system)”) or a water spray system for local cooling ([1831]: “A light spectrum can also be coupled to a further controlled variable, for example irrigation, water atomization or ventilation”).
Regarding claim 9, Bongartz discloses the system according to claim 1.
Bongartz further discloses further comprising an ambient temperature control system for controlling an ambient temperature for the plant or group of plants in the growing environment ([1237]: “The controlled agricultural system can further comprise an actuator for influencing/changing/adjusting/controlling the temperature (temperature influencing means), i.e. a heating and cooling system like an HVAC (heating, ventilation and air conditioning), a heating pipe, IR (infrared)-radiator, etc.”; [1727] “sensors can be used as a controlled variable, which is also referred to as a parameter, of feedback, said sensors outputting a measurement signal on the basis of one or more influencing variables, such as ambient temperature”).
Regarding claim 10, Bongartz discloses the system according to claim 1.
Bongartz further discloses further comprising a sensor system for monitoring: a growth stage of the one or more regions of the plant or group of plants ([1245]: “the computing device is further configured to determine the growth phase (e.g. breeding, greening, flowering and harvest) of the plants based on the data from the sensor device”); and/or
a temperature at the one or more regions of the plant or group of plants ([1226]: “a data storage device for storing growth settings for plants, the growth settings comprising temperature profiles (temporal and/or spatial)”).
Regarding claim 11, Bongartz discloses the system of claim 10.
Bongartz further discloses wherein the sensor system for monitoring a growth stage of the one or more regions of the plant or group of plants comprises: a camera and computer vision system ([1242]: “the sensor device further comprises one or more sensors able to detect the growth status (shape, size, color, etc.) of the plants, e.g. imaging devices like cameras”); or
Regarding claim 14, Bongartz discloses a method for controlling a time-dependent yield function for a plant or group of plants in a growing environment, comprising: receiving an indication of a desired harvest time for a portion of the yield from the plant or group of plants ([0983]: “an acquisition unit for acquiring the change of the delivery date for a product of a plant”; [0989]: “The change in target time can be triggered by an amended customer query. Depending on the notice for the change in delivery date, it is possible to delay or accelerate germination, growth or maturing of the product”); and
controlling the desired harvest time for the portion of the yield from the plant or group of plants by controlling a local temperature control system to control a local temperature at at least one region of one or more regions of the plant or group of plants to be different from an ambient temperature in the growing environment ([0986]: “a computing device connected to the acquisition unit and the control unit and configured to establish modified control parameters for the actuators on the basis of the determined current growth status in such a way that the desired state (degree of maturity) of the product is obtained at the time of the amended delivery date”) to accelerate or slow down growth of the plant or group of plants at the at least one region of the one or more regions and without affecting the time of harvest from other regions of the one or more regions of the plant or group of plants or from other plants or groups of plants in the growing environment ([1008]: “the modified control parameters are calculated in such a way that they delay or accelerate the germination, the growth or the maturing of the affected plants or of the product (fruit) of the plants”; [0989]: “In the case of a change in the customer-related delivery date, the plants affected thereby are identified by the control unit. To this end, whole growing units (in the case of a large order, for example) can be provided with an ID, for example a QR code, but also the smallest individual sale units, such as plant pots, planting bowls, etc.”).
Regarding claim 15, Bongartz discloses a non-transitory computer readable medium comprising instructions, the instructions when executed by a processor of a control system, cause the processor to perform the method of claim 14 ([2759]: “various disclosed concepts may be embodied as a computer readable storage medium (or multiple computer readable storage media) (e.g., a computer memory, one or more floppy discs, compact discs, optical discs, magnetic tapes, flash memories, circuit configurations in Field Programmable Gate Arrays or other semiconductor devices, or other non-transitory medium or tangible computer storage medium) encoded with one or more programs that, when executed on one or more computers or other processors, perform methods that implement the various embodiments of the disclosure discussed above”).
Regarding claim 16, Bongartz discloses the system of claim 1.
Bongartz further discloses wherein the control system comprises a yield forecasting algorithm ([0041]: “The element ‘Yield Prediction’ of the disclosure proposes a yield prediction for flowering plants by detecting the number of plants and considering the ripening probability”; [0660]: “configured to predict the yield based on the number of the flowers/buds and the respective conversion rate retrieved from the data storage device”; [0660]: “configured to predict the yield based on the biomass of the plants and current and/or future environmental data measured by means of the sensor device”), and
the control system is adapted to obtain a yield forecast taking into account the effect of the applied local temperature control ([0674]: “The calculated conversion rate can also take into consideration future changes in parameters like temperature, humidity or illumination. The parameters may be checked regularly. In case deviations are observed, the conversion rate and with it the predicted yield may be updated”; [0897]: “The compute unit can also calculate (or extrapolate) time to harvest based on any applied temperature, e.g. a temperature on the ground level of a vertical farm, or on the top level”) at the at least one region of the one or more regions of the plant or group of plants ([0046-0051]: the controlled agricultural system may also be configured to be able to predict the yield based on measured parameters. Some of the parameters that can be measured are… Leaf and ambient temperature and humidity (ambient and within the crops); humidity and temperature help to calculated the dew point. If the temperature is below the dew point, there is a high risk of water condensation on plants promoting growth of diseases”).
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Magdalena Kossek whose telephone number is (571)272-5603. The examiner can normally be reached Mon-Fri 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Fennema can be reached on (571)272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.I.K./Examiner, Art Unit 2117
/ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117
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