DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-4, 6-7, 9-20 are currently pending. Claims 13-18 were previously withdrawn. Claims 1-4, 6-7, 9-12, 19-20 have been considered on their merits, as discussed below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 6-7, 9-12, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,685,246 to Fennell (“Fennell”).
Regarding claim 1, Fennell discloses a nutrient solution tray, comprising: a receptacle part (middle portion of 34) for housing a plant, a nutrient solution-inflow area (upper/right portion of 34 shown in FIG. 1) for allowing inflow of water or nutrient solution, and a nutrient solution-outflow area (bottom/left portion of 34 shown in FIG. 1) having at least one nutrient solution-outflow port (44) for allowing the water or the nutrient solution to flow out; wherein at least the receptacle part, the nutrient solution-inflow area, and the nutrient solution-outflow area form a bottom surface of the nutrient solution tray (FIGS. 1, 4-5, 8), wherein the nutrient solution tray includes a first installation surface pair comprising a first installation surface (bottom surface of 32) and a second installation surface (bottom surface of 46), wherein the first installation surface is formed in a side of the nutrient solution-inflow area in a longer side direction of the nutrient solution tray (FIGS. 1, 2, 5, 8), wherein the second installation surface is formed in a side of the nutrient solution-outflow area in the longer side direction of the nutrient solution tray (FIGS. 1, 2, 5, 8), and wherein the first installation surface is farther away from the bottom surface than the second installation surface (FIGS. 1, 2, 5, 8); wherein the first installation surface and the second installation surface extend in an inclined manner with respect to the bottom surface, and wherein when the nutrient solution tray is installed such that the first installation surface and the second installation surface are in contact wit a same plane, the bottom surface forms a first inclination wit respect to the same plane, and the first inclination causes the nutrient solution to flow through the receptacle from the nutrient solution in flow area toward the nutrient solution outflow area (FIGS. 1, 2, 5, 8).
For the features not explicitly teach by Fennell, it would have been obvious to modify Fennell, in order to improve water flow.
Regarding claim 2, Fennell discloses wherein the nutrient solution tray includes a second installation surface pair comprising a third installation surface (bottom surface of 24) and a fourth installation surface (bottom surface of 36), wherein the third installation surface is formed in a side of the nutrient solution-inflow area in the longer side direction of the nutrient solution tray (FIGS. 1, 2, 5, 8), wherein the fourth installation surface is formed in a side of the nutrient solution-outflow area in the longer side direction of the nutrient solution tray (FIGS. 1, 2, 5, 8), and wherein the fourth installation surface is farther away from the bottom surface than the third installation surface (FIGS. 1, 2, 5, 8); wherein the third installation surface and the fourth installation surface extend in an inclined manner with respect to the bottom surface, and wherein when the nutrient solution tray is installed using the third installation surface and the fourth installation surface, the bottom surface forms a second inclination opposite to the first inclination with respect to the same plane, and the second inclination causes the nutrient solution that has flowed into the nutrient solution inflow area to flow through the receptacle part from the nutrient solution outflow area toward the nutrient solution inflow area (FIGS. 1, 2, 5, 8).
Regarding claim 3, Fennell discloses wherein the nutrient solution-outflow area includes at least one projecting structure (24/26) projecting within the inside of the nutrient solution tray from the bottom surface of the nutrient solution-outflow area, and wherein the projecting structure has a shape that, when the of the water or the nutrient solution flowing toward the nutrient solution-outflow area comes into contact with the projecting structure, the flow is caused to bypass along the projecting structure. (FIGS. 1, 6, showing that 24/26 cause the tray to move and spin, which would thereby necessitate a detour of a flow of the water or the nutrient solution flowing toward the nutrient solution-outflow area).
Regarding claim 4, Fennell discloses wherein the at least one projecting structure comprises a plurality of projecting structures projecting within the inside of the nutrient solution tray from (FIG. 5, showing four projecting structures 24/26), the bottom surface of the nutrient solution-outflow area, and the at least one nutrient solution outflow port comprises a plurality of nutrient solution-outflow ports (FIG. 5, showing several ports 44), wherein the at least one projecting structure comprises a plurality of projecting structures that have a shape such that when the water or the nutrient solution comes into contact with the projecting structures, the flow is divided along the projecting structures, and wherein the plurality of projecting structures are arranged at positions that guide the flow toward the plurality of nutrient solution-outflow ports (FIGS. 1, 5, 6).
Regarding claim 6, Fennell discloses a plurality of side wall parts extending in the longer side direction of the nutrient solution tray, wherein each of the side wall parts includes a connecting structure projecting outward in a shorter side direction of the nutrient solution tray, wherein the connecting structures connect two nutrient solution trays arranged side by side in the shorter side direction of the nutrient solution tray, wherein one of the side wall parts (14) includes a convex-shaped connecting structure (38, FIG. 8), and the other of the side wall parts (16) includes a concave-shaped connecting structure (38, FIG. 8) designed to receive the convex shaped connecting structure, and wherein the two nutrient solution trays are connected to each other by a convex shaped connecting structure of one of the nutrient solution trays being received within a concave-shaped connecting structure of the other of the two nutrient solution (FIG. 8).
Regarding claim 7, Fennell discloses wherein a plurality of shorter-side wall parts (28) are provided in the nutrient solution-inflow area or between the receptacle part and the nutrient solution-inflow area, wherein the plurality of shorter-side wall parts extend in the shorter side direction of the nutrient solution tray, project within the inside of the nutrient solution tray from the bottom surface of the nutrient solution outflow area, and are arranged side by side in the shorter side direction, and wherein a gap aligned with the shorter side wall parts in the shorter side direction is provided between two of the shorter-side wall parts (FIG. 8).
Regarding claim 9, Fennell discloses wherein a plurality of shorter-side wall parts (28) are provided in the nutrient solution-inflow area or between the receptacle part and the nutrient solution-inflow area, wherein the plurality of shorter-side wall parts extend in the shorter side direction of the nutrient solution tray, project within the inside of the nutrient solution tray from the bottom surface of the nutrient solution outflow area, and are arranged side by side in the shorter side direction, wherein a gap aligned with the shorter-side wall parts in the shorter side direction next to the shorter- side wall parts, wherein a gap aligned with the shorter side wall parts in the shorter side direction next to the shorter side wall parts is provided between two of the shorter-side wall parts (FIG. 8), wherein a plurality of longer-side wall parts (14, 16) extending in the longer side direction of the nutrient solution tray are provided in the receptacle part, wherein a flow channel for the water or the nutrient solution is provided between two of the longer-side wall parts, and wherein at least one of the gaps is connected with the flow channel (FIG. 8).
Regarding claim 10, Fennell discloses wherein a plurality of pattern structures projecting within the inside of the nutrient solution tray from the bottom surface of the nutrient solution outflow area are provided in at least one of the receptacle part and the nutrient solution-inflow area, wherein the pattern structures are arranged with spacing in both the longer side direction and the shorter side direction of the nutrient solution tray at an inclination with respect to both the longer side direction and the shorter side direction, so that the pattern structures cause a flow of the water or the nutrient solution to diverge or diffuse in the shorter side direction of the nutrient solution tray (FIG. 1).
Regarding claim 11, Fennell discloses a plurality of side wall parts extending in the longer side direction of the nutrient solution tray, wherein at least one of side wall parts includes a cutout part that is formed on a side of the nutrient solution outflow area of the side wall parts in the longer side direction of the nutrient solution tray, the cutout part extending downward from an upper edge of the side wall part toward the bottom surface in a height direction of the nutrient solution tray. (FIG. 8).
Regarding claim 12, Fennell discloses a plurality of side wall parts: and a step portion extending in the longer side direction of the nutrient solution tray, wherein the step portion extends outward in a shorter side direction of the nutrient solution tray, is connected with the bottom surface at an inner side in the shorter side direction of the nutrient solution tray, and is connected with the side wall part at an outer side in the shorter side direction of the nutrient solution tray (FIG. 8).
Regarding claim 19, Fennell discloses a cultivation panel removably housed in the receptacle part, wherein the cultivation panel includes :a leg part that contacts the bottom surface, and a top surface part positioned above a height where the step portion is connected with the side wall part and having a length in the shorter side direction corresponding to at least a length of the receptacle part in the shorter side direction ,whereby the cultivation panel reduces an amount of incident light directed toward the bottom surface of the receptacle part, wherein the cultivation panel has at least one opening for housing a plant, the opening having an upper first opening surface and a lower second opening surface, wherein an area of the first opening surface is larger than an area of the second opening surface, and wherein the opening includes an edge portion connecting the first opening surface and the second opening surface around the second opening surface (FIGS. 1, 2, 5, 8).
Regarding claim 20, Fennell discloses at least one of a cultivation plate and a cultivation plate spacer, wherein the opening removably houses at least one of the cultivation plate and the cultivation plate spacer, and wherein a length, in the longer side direction of the nutrient solution tray, of at least one of the cultivation plate and the cultivation plate spacer in a state of being housed in the opening is, as viewed in a direction perpendicular to the bottom surface, shorter than a length of the first opening surface in the longer side direction of the nutrient solution tray, and longer than a length of the second opening surface in the longer side direction of the nutrient solution tray (FIGS. 1, 2, 5, 8).
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 6-7, 9-12, 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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.
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/MARISA V CONLON/Examiner, Art Unit 3643