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 .
Election/Restrictions
Claims 23-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 08/14/2025.
Applicant's election with traverse of Group I (Claims 1-22) in the reply filed on 08/14/2025 is acknowledged. The traversal is on the ground that the subject matter of the designated inventions are sufficiently related. This is not found persuasive because the restriction was based upon the unity of invention requirement as a result of the application claiming priority to a PCT Application. Restriction is required when there is a lack of unity, and lack of unity is determined if there is no special and shared technical feature between the inventions. As seen in the mailed Restriction Requirement, the inventions as currently claimed do not contain a special technical feature and as a result lack unity. The inventions will be withdrawn until a special technical feature is found, at which point Applicant will be provided the opportunity to incorporate the appropriate language into the withdrawn claims, at which point they will be considered for rejoinder.
The requirement is still deemed proper and is therefore made FINAL.
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 1-22 are 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 1 recites “a nutrient solution recovery unit provided in the second cultivation unit and configured to recover the nutrient solution supplied to the second cultivation unit to the mixing tank”. As currently written, the language of “recover the nutrient solution” makes it unclear whether the nutrient solution is being returned to the second cultivation unit or directed toward the mixing tank. Examination has proceeded with the latter interpretation.
Claim 20 recites the limitation "circumferential wall" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is a new structural element or a recalling of “the first peripheral wall” recited in claim 16. Examination has proceeded with the latter interpretation.
Claims 2-19, 21-22 are rejected due to dependency on a rejected claim above.
Claim Rejections - 35 USC § 102
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 1-2, 11, 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Youngsuk (KR 20190132078 A).
Regarding claim 1: Youngsuk discloses a plant cultivation apparatus (1) comprising: a cabinet (Fig. 1); a first cultivation unit (top bed 20) provided in the cabinet and in which plants are placed; a second cultivation unit (bottom bed 20) provided in the cabinet to be spaced apart from the first cultivation unit, and in which plants are placed; a nutrient solution supply unit (611) connected to a mixing tank (61) in which nutrient solution is stored and configured to supply the nutrient solution to the first cultivation unit (Fig. 2); a nutrient solution transferring unit (drip tray 28) provided in the first cultivation unit and configured to transfer the nutrient solution supplied to the first cultivation unit to the second cultivation unit (Figs. 2, 4-5); and a nutrient solution recovery unit (recovery unit 612) provided in the second cultivation unit and configured to recover the nutrient solution supplied to the second cultivation unit to the mixing tank (61, Fig. 2).
Regarding claim 2: Youngsuk discloses the limitations of claim 1 as shown above, and further discloses wherein the nutrient solution supply unit (611) includes a supply hole (231) through which the nutrient solution is discharged (Fig. 8), and further comprising: a first inlet (242) provided in the first cultivation unit (top bed 20) and located below the supply hole to receive the nutrient solution falling from the supply hole and supply the nutrient solution to the inside of the first cultivation unit (Fig. 8).
Regarding claim 11: Youngsuk discloses the limitations of claim 1 as shown above, and further discloses wherein the first cultivation unit (top bed 20) includes a first discharge hole through which the nutrient solution is discharged to the outside of the first cultivation unit, and wherein at least a portion of the nutrient solution transferring unit (28) is located below the first discharge hole, collects the nutrient solution falling from the first discharge hole, and transfers the nutrient solution to the second cultivation unit (via recover unit 612, and switch unit 612, Fig. 2).
Regarding claim 16: Youngsuk discloses the limitations of claim 2 as shown above, and further discloses wherein the first cultivation unit (21) is provided with a first accommodation space (interior of 21) that accommodates the nutrient solution supplied from the nutrient solution supply unit and a first peripheral wall (wall of 21) extending along a perimeter of the first accommodation space, and wherein at least a portion of the first inlet (242) extends outward from the first peripheral wall and is located below the supply hole (Figs. 4-5, inlet 242 is positioned within a protrusion 23 which results in extension away from the wall of 21).
Regarding claim 17: Youngsuk discloses the limitations of claim 16 as shown above, and further discloses wherein the first inlet includes a shielding unit (22) configured to shield at least a portion of the open upper surface of the first accommodation space (Fig. 4).
Regarding claim 18: Youngsuk discloses the limitations of claim 17 as shown above, and further discloses wherein the first accommodation space includes a container space (221) in which a cultivation container (21) containing at least a portion of the plant is seated, and wherein the shielding unit (22) is disposed to shield the open upper surface of a remaining space in the first accommodation space except for the container space (Fig. 4).
Regarding claim 19: Youngsuk discloses the limitations of claim 17 as shown above, and further discloses wherein a cultivation container of the first cultivation unit containing at least a portion of the plant is accommodated in the first accommodation space (Figs. 4-5), and wherein an entire open upper surface of the first accommodation space is shielded by the shielding unit (22) and the cultivation container (21).
Regarding claim 20: Youngsuk discloses the limitations of claim 17 as shown above, and further discloses wherein the first inlet (242) further includes a recessed space located below the supply hole of the nutrient solution supply unit (611) on the outside of the first circumferential wall (via protrusion 23, Fig. 8), and an inlet flow path (235) provided below the shielding unit (22) to communicate with the recessed space and the first accommodation space (Fig. 6).
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 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Youngsuk as applied to claim 1 above, and further in view of Tang (CN 106818452 A).
Regarding claim 6: Youngsuk discloses the limitations of claim 1 as shown above, and further teaches wherein the second cultivation unit is located below the first cultivation unit (Fig. 1).
Youngsuk fails to teach wherein the nutrient solution transferring unit transfers the nutrient solution from the first cultivation unit to the second cultivation unit using self-weight of the nutrient solution.
Tang teaches wherein the nutrient solution transferring unit transfers the nutrient solution from the first cultivation unit to the second cultivation unit using self-weight of the nutrient solution (Fig. 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 provided the cultivation cabinet as disclosed by Youngsuk with the gravity feed as taught by Tang with a reasonable expectation of success because allowing the nutrient to circulate around the system with gravity would feed the below cultivation beds, decreasing the amount of power and energy used, and achieve the predictable result of a more energy efficient system.
Regarding claim 7: the modified reference teaches the limitations of claim 6 as shown above, and Tang further teaches wherein the nutrient solution transferring unit includes: a first collection unit (441) located below the first cultivation unit (31) to collect the nutrient solution discharged from the first cultivation unit (Fig. 3); and a transferring flow path (315) extending downward from the first collection unit through which the nutrient solution collected in the first collection unit flows toward the second cultivation unit (32, Fig. 3).
Regarding claim 8: the modified reference teaches the limitations of claim 7 as shown above, and Tang further teaches a second inlet (4411) provided in the second cultivation unit (32) and located below the transferring flow path (315) to receive the nutrient solution discharged from the transferring flow path and supply the nutrient solution to the inside of the second cultivation unit (32, Fig. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cited art not relied upon are within applicant’s related field of recirculating plant cultivation.
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/E.R./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642