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 .
Response to Amendment
This action is in response to Amendments made on 3/3/2026, in which: claims 1, 29, 31 are amended, claims 2-10, 13-28, 30 are previously presented and claims 11-12, 32 are cancelled.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 10, 14-16, 21, 25-28 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by De Gelder (WO2020246878)(Hereinafter referred to as DG).
Regarding claims 1, 25, DG discloses a mobile transport device for transporting insect larvae, the mobile transport device comprising a housing (2) having a selectively openable and closeable opening (Page 4, lines 30-31, Access to the chamber 2 is possible through openings, for example, windows, doors, access shafts); a receiving section (interior of element 2) disposed within the housing (2), the receiving section (interior of element 2) for receiving at least one first insect fattening container (4), wherein the first insect fattening container (4) is configured to receive a first insect larvae cohort (Page 4, lines 37-39, insects stored for growth within container elements 4) for fattening; a recirculation fan (from climate control system via 80, 80a) for partial recirculation of air within the housing (2); an electronic control unit (84) for controlling the recirculation fan (from climate control system via 80, 80a); and a first air regulating device (38) having a first ventilation section (40) on a first side (right side, Fig. 2A) and a first exhaust section (48) on a second side (left side, Fig. 2A), wherein air enters the first insect fattening container (4) through the first ventilation section (40) and exits the first insect fattening container (4) through the first exhaust section (48) via the recirculation fan (from climate control system via 80, 80a).
Regarding claim 2, DG discloses further comprising a ventilation control unit (conduits 38), wherein the first ventilation section (40) comprises a first flow cross-section (80a, Fig. 2A) adjustable via the ventilation control unit (conduits 38, adjustable based on air flow pressure from climate control unit).
Regarding claims 3, 28, DG discloses wherein the ventilation control unit (conduits 38) is configured to control the first flow cross-section (80a, Fig. 2A) based on a determined activity of the first insect larvae cohort (Page 4, lines 37-39, insects stored for growth within container elements 4) received in the first insect fattening container (4).
Regarding claim 4, DG discloses further comprising a second insect fattening container (4) received in the receiving section (interior of element 2), wherein the second insect fattening container (4), which is configured to receive a second insect larvae cohort (Page 4, lines 37-39, insects stored for growth within container elements 4) for fattening.
Regarding claim 5, DG discloses wherein the receiving section (interior of element 2) comprises at least one first compartment (2a), in which the first insect fattening container (4) is received.
Regarding claim 6, DG discloses wherein the receiving section (interior of element 2) comprises at least one second compartment (2b) in which the second insect fattening container (4) is received.
Regarding claim 7, DG discloses wherein the receiving section (interior of element 2) divides an interior (interior thereof) of the housing (2) into a ventilation part (at element 40) and an exhaust part (at element 48), wherein the ventilation part (at element 40) and the exhaust part (at element 48) are connected in an air-conducting manner (via elements 80, 8a) via the recirculation fan (from climate control system via 80, 80a) in one part and the first air regulating device (38) in the other part (Fig. 2a).
Regarding claim 10, DG discloses a mobile transport device for transporting insect larvae, the mobile transport device comprising; a housing (2) with an opening (Page 4, lines 30-31, Access to the chamber 2 is possible through openings, for example, windows, doors, access shafts); a receiving section (interior of element 2) disposed within the housing (2) for receiving at least a first insect larvae cohort (Page 4, lines 37-39, insects stored for growth within container elements 4); and a cooling unit (84) for cooling of the at least first insect larvae cohort (Page 4, lines 37-39, insects stored for growth within container elements 4).
Regarding claims 14, 26, DG discloses further comprising a heating device (element 84 is a climate control system for heating and cooling) for heating the air disposed inside the housing (2).
Regarding claim 15, DG discloses further comprising an activity sensor device (52) for detecting an activity (Page 10, lines 5-6, accurately measure the conditions within the biomass contained in the crate) of the first insect larvae cohort (Page 4, lines 37-39, insects stored for growth within container elements 4) received in the first insect fattening container (4).
Regarding claims 16, 27, DG discloses wherein the activity sensor device (52) is configured to detect a first insect fattening container temperature measurement value (Page 9, lines 34-36, to measure various conditions, such as temperature, humidity, oxygen concentration, dry matter content etc.) at least at a first insect fattening container temperature measurement point (interior of element 4) of the first insect fattening container (4) and/or to detect a first insect fattening container humidity measurement value (Page 9, lines 34-36, to measure various conditions, such as temperature, humidity, oxygen concentration, dry matter content etc.) at a first insect fattening container humidity measurement point (interior of element 4) of the first insect fattening container (4).
Regarding claim 21, DG discloses wherein the electronic control unit (84) is configured to process at least the first insect fattening container temperature measurement value (Page 9, lines 34-36, temperature) and at least the first insect fattening container humidity measurement value (Page 9, lines 34-36, humidity) for determining an activity of the first insect larvae cohort (Page 4, lines 37-39, insects stored for growth within container elements 4) received in the first insect fattening container (4).
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 8-9, 13, 17-20, 22-24, 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over De Gelder (WO2020246878)(Hereinafter referred to as DG) in view of Fotiadis (CA3075381).
Regarding claims 8-9, 13, 24, DG discloses the invention substantially as set forth above, but does not expressly disclose a storage container for receiving an air-conditioning material, the storage container comprising a storage container ventilation section on a first side and a storage container exhaust section on a second side, and wherein the storage container ventilation section comprises a storage container flow cross-section adjustable via a storage container control unit,
wherein the air-conditioning material comprises a material for air dehumidification, a material for air cooling, and/or a material for air heating, a fresh air fan for introducing air from the environment into an interior space enclosed by the housing and/or comprising an exhaust air fan for discharging air from the interior space enclosed by the housing into the environment and a remote monitoring unit.
However, Fotiadis discloses a similar system having a storage container (4) for receiving an air-conditioning material (page 18, lines 14-20), the storage container (4) comprising a storage container ventilation section on a first side (66) and a storage container exhaust section on a second side (67), and wherein the storage container ventilation section (66) comprises a storage container flow cross-section (through container element 4) adjustable via a storage container control unit (via HVAC control 14), wherein the air-conditioning material (page 18, lines 14-20) comprises a material for air dehumidification (hot moist air is vented out, page 18, lines 17-18), a material for air cooling, and/or a material for air heating (HVAC provides heating and cooling of fresh air pumped into system, page 18, lines 14-20), a fresh air fan (via HVAC) for introducing air from the environment into an interior space (3) enclosed by the housing (4) and/or comprising an exhaust air fan (via HVAC) for discharging air from the interior space (hot moist air is vented out, page 18, lines 17-18) enclosed by the housing (4) into the environment and a remote monitoring unit (page 7, lines 3-4, transmit and receive data to/from a remote location).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify DG, by adding a storage container for receiving an air-conditioning material, the storage container comprising a storage container ventilation section on a first side and a storage container exhaust section on a second side, and wherein the storage container ventilation section comprises a storage container flow cross-section adjustable via a storage container control unit, wherein the air-conditioning material comprises a material for air dehumidification, a material for air cooling, and/or a material for air heating, a fresh air fan for introducing air from the environment into an interior space enclosed by the housing and/or comprising an exhaust air fan for discharging air from the interior space enclosed by the housing into the environment and a remote monitoring unit, as taught by Fotiadis, for the purpose of accurately managing the humidity, temperature and fresh air within the system for optimal output.
Regarding claim 17, DG discloses further comprising an air sensor device (Page 9, lines 34-36, to measure various conditions, such as temperature, humidity, oxygen concentration, dry matter content etc.) for determining a condition of the air in an interior of the housing (2) and/or an environment surrounding the housing.
Regarding claim 18, DG discloses wherein the air sensor device (Page 9, lines 34-36, to measure various conditions, such as temperature, humidity, oxygen concentration, dry matter content etc.) is configured to detect a first interior humidity measurement value (Page 9, lines 34-36, humidity) at least at a first interior humidity measurement point (interior of element 2) within the housing (2) and/or to detect a first interior temperature measurement value (Page 9, lines 34-36, temperature) at least at a first interior temperature measurement point (interior of element 2) within the housing (2).
Regarding claims 19, 30, DG disclose wherein the air sensor device (Page 9, lines 34-36, to measure various conditions, such as temperature, humidity, oxygen concentration, dry matter content etc.) is configured to detect a first exterior humidity measurement value (humidity entering the climate chamber) at least at a first exterior humidity measurement point (exterior of housing) outside the housing (2) and/or to detect a first exterior temperature measurement value (temperature of air entering the climate chamber) at a first exterior temperature measurement point (exterior of housing) outside the housing (2).
Regarding claim 20, 29, 31, DG discloses wherein: the air sensor device (Page 9, lines 34-36, to measure various conditions, such as temperature, humidity, oxygen concentration, dry matter content etc.) is configured to detect a first CO2 concentration measurement value (claim 23) of the air circulating within the housing (2) at least at a first CO2 measurement point (interior of element 2), electronic control unit (84) is configured to process the detected first CO2 concentration measurement value (Claim 23), but does not expressly disclose determining a CO2 concentration measurement value exceedance, the electronic control unit is configured to control the fresh air fan and the exhaust air fan for an air exchange between the interior space and the environment if a CO2 concentration measurement value exceedance has been determined.
However, Fotiadis discloses a similar system that determines a CO2 concentration measurement value exceedance (via CO2 gas sensors 40), the electronic control unit (41) is configured to control the fresh air fan and the exhaust air fan for an air exchange (via HVAC 14) between the interior space (3) and the environment (outside of element 4) if a CO2 concentration measurement value exceedance has been determined (based on sensor data of element 40).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify DG, by determining a CO2 concentration measurement value exceedance, the electronic control unit is configured to control the fresh air fan and the exhaust air fan for an air exchange between the interior space and the environment if a CO2 concentration measurement value exceedance has been determined, as taught by Fotiadis, for the purpose of providing an automated process for management of the internal environment.
Regarding claim 22, DG discloses wherein the electronic control unit (84) is configured to process at least the first interior humidity measurement value (Page 9, lines 34-36, humidity) and/or at least the first interior temperature measurement value (Page 9, lines 34-36, temperature) for determining a condition of the air circulating in the housing (2).
Regarding claim 23, DG discloses wherein the electronic control unit (84) is configured to process at least the first exterior humidity measurement value (humidity entering the climate chamber) and/or at least the first exterior temperature measurement value (temperature of air entering the climate chamber) for determining a condition of the ambient air (normal environmental conditions).
Response to Arguments
Applicant's arguments filed 3/3/3036 have been fully considered but they are not persuasive.
Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
In response to applicants argument that De Gelder (WO2020246878) fails to disclose the recited housing, receiving section, recirculation fan, electronic control unit, and first air regulating device of independent claim 1, the recited housing, receiving section, and cooling unit of independent claim 10, and the steps of filling, inserting, transporting, and removing of independent claim 25, Examiner respectfully disagrees. De Gelder, with respect to claims 1 and 10, discloses a mobile insect transport device (Figs. 1A, 1C) with a housing (2), a receiving section (interior cavity of element 2) within the housing (2), an insect fattening container (4) within the receiving section (interior cavity of element 2), a recirculation fan (from climate control system via 80, 80a), an electronic control unit (84) that controls the recirculation fan (from climate control system via 80, 80a) and a first air regulating device (38) with a ventilation section (40) and an exhaust section (48) and with respect to claim 25 the step of filling (Claim 29, (ii) filling at least a portion of each crate of the plurality of crates with a substrate and a plurality of invertebrates), inserting (Claim 28, at least one robotic device configured to freely move and place one or more crates), transporting (page 8, line 12 robotically lifted and transported crates) and removing (Claim 28, take one or more crates from the first and/or the second stack of crates). As such, De Gelder discloses the invention of claims 1-10, 13-31 as disclosed above.
Conclusion
THIS ACTION IS MADE FINAL. 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 AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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/AARON M RODZIWICZ/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642