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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it uses speculative applications of the invention, such as, “In some instances, the control unit is programmed to maintain growing conditions for a specific plant of fungus growing in the second reservoir.” And “The program in some instances is associated with a library of target plants or fungi, and their associated idealized growing conditions.”. Applicant should amend to provide a clear and concise statement of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-20 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 the limitation "the control unit" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the air handling system" in line 18. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 5, lines 1-2 state “the program is part of a library of programs for specific idealized growing conditions for target plants or fungi” which renders the claim indefinite as it is unclear how there is a library of programs, where the library of programs are stored and how the programs are stored as applicant has not disclosed any elements that could store programs or a library of programs. Applicant should amend to clearly and distinctly point out the limitations being claimed.
Claim 11 recites the limitation "the moisture sensor" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 11-14, it states “an application” which is indefinite as it is unclear what the applicant is referring to as no structure has been claimed that would have an application of any kind. Applicant should amend to clearly and distinctly point out the limitations of the claim.
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 1-4, 6-9, 11-12, 14-15 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hoyos (US 2024/0349664).
Regarding claims 1, 15, Hoyos discloses a smart terraponic gardening system comprising: a base (120); a first reservoir (50) defining a first volume (interior of element 50), the first reservoir (50) configured to contain a liquid (water) within the first volume (interior of element 50); a second reservoir (formed between elements 120, 100 and 20) defining a second volume (interior to element 120), the second reservoir (formed between elements 120, 100 and 20) configured to contain a growing medium ([0057] Inoculated substrate S is implemented with a mushroom substrate as a medium) within the second volume (interior to element 120); a lid (20) having a lid height (height of element 20) and defining a lid volume (volume of element 20); a light source (70) coupled to the lid (20) in a position (Fig. 4) above the second reservoir (formed between elements 120, 100 and 20) and configured to project light toward the second reservoir (formed between elements 120, 100 and 20); a watering system (50, 56, 60, 80, 140, 150) comprising a pump (150) in fluid communication with the first volume (interior of element 50) of the first reservoir (50), a liquid outlet (60, 56) coupled to the lid (20) in a position above the second reservoir (formed between elements 120, 100 and 20), and a conduit (80) fluidly connect the liquid outlet (60, 56) to the pump (150), the watering system (50, 56, 60, 80, 140, 150) configured to dispense the liquid (water) contained within the first volume (interior of element 50) of the first reservoir (50) from the liquid outlet (60, 56) onto the growing medium ([0057] Inoculated substrate S is implemented with a mushroom substrate as a medium) contained within the second volume (interior to element 120) of the second reservoir (formed between elements 120, 100 and 20); at least one sensor (140) of a temperature sensor, camera, or a humidity sensor (element 140 is a hygrometer) in signal communication with the control unit ([0027]); a control unit ([0027]) in electronic communication with the light source (70), the watering system (50, 56, 60, 80, 140, 150), and the air handling system (34, 35), the control unit ([0027]) operating a computer program to maintain growing conditions ([0026]-[0028]) for a specific plant of fungus (mushrooms or herbs) growing in the second reservoir (formed between elements 120, 100 and 20).
Regarding claim 2, Hoyos discloses further comprising an air handling system (34, 35) comprising a fan (35) positioned within the lid volume (volume of the lid) and in fluid communication with an area (fan is positioned within the lid) above the growing medium ([0057] Inoculated substrate S is implemented with a mushroom substrate as a medium) contained within the second volume (interior to element 120) of the second reservoir (formed between elements 120, 100 and 20).
Regarding claim 3, Hoyos discloses wherein the liquid (water) contained in the first volume (interior of element 50) of the first reservoir (50) is water ([0048]) that optionally contains dissolved or suspended nutrients.
Regarding claim 4, Hoyos discloses wherein the first reservoir (50) includes a filling port (28) for adding the liquid (water) to the first volume (interior of element 50) of the first reservoir (50).
Regarding claim 6, Hoyos discloses wherein at least one of the first reservoir (50) or the second reservoir (formed between elements 120, 100 and 20) is removable (each of the elements are capable of being removed).
Regarding claim 7, Hoyos discloses further comprising a spine (80) defining an internal channel (interior of element 80) extending vertically from the first reservoir (50).
Regarding claim 8, Hoyos discloses wherein the spine (80) is configured to telescope or otherwise change overall length so that a height thereof is adjustable (wherein the height of the device can be adjusted by adding a second unit on top of the initial unit allowing for adjustability in height), Fig. 7).
Regarding claim 9, Hoyos discloses further comprising a transparent enclosure portion (120) configured to be removably positioned between an upper end (upper portion) of the second reservoir (formed between elements 120, 100 and 20) and a lower end (lower end) of the lid (20).
Regarding claim 11, Hoyos discloses wherein the moisture sensor ([0047] Hygrometer 140 relies its humidity measurement on other parameters, such as temperature, pressure, and/or dew point (temperature of condensation) or other parameters according to the type of hygrometer used) is present and positioned within the second volume (interior of 120) of the second reservoir (formed between elements 120, 100 and 20) to provide a signal to the control unit ([0027]) or an application.
Regarding claim 12, Hoyos discloses wherein the temperature sensor ([0047] Hygrometer 140 relies its humidity measurement on other parameters, such as temperature, pressure, and/or dew point (temperature of condensation) or other parameters according to the type of hygrometer used) is present to provide a signal to the control unit ([0027]) or an application.
Regarding claim 14, Hoyos discloses wherein the humidity sensor (element 140 is a hygrometer) present to provide a signal to the control unit ([0027]) or an application.
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 5, 10, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hoyos (US 2024/0349664) in view of Soutter (US 11311001)
Regarding claims 5, 10, 16-20, Hoyos discloses the invention substantially as set forth above, but does not expressly disclose the light source is a plurality of light emitting diode (LED) grow lights, the system having a user interface that is in electronic communication with the control unit, wherein the user interface is coupled to the base or is present in an application of a wirelessly coupled portable computing device, the user interface is configured to display information about any of the light source, the water system, the air handling system, or a combination thereof, wherein the user interface is configured to receive inputs and wherein the control unit is configured to wirelessly communicate with a portable computing device to display via an application running on the portable computing device, information about any of the light source, the water system, the air handling system, or a combination thereof.
However, Soutter discloses a similar terrarium system (100) having a plurality of light emitting diode (LED) grow lights (124), the system (100) having a user interface (104) that is in electronic communication with the control unit (110), wherein the user interface (104) is coupled to the base or is present in an application of a wirelessly coupled portable computing device (Column 6, lines 38-42, the user device 104 may be, but not limited to, a mobile device, a smart phone, a tablet computer, a portable computer, a laptop computer, a desktop computer, a smart device, a smart watch, a smart glass, and so forth), the user interface (104) is configured to display information about any of the light source, the water system, the air handling system, or a combination thereof (Column 6, lines 46-58), wherein the user interface (104) is configured to receive inputs (Column 6, lines 35-38, the user device 104 may be configured to enable a user to receive data and transmit data) and wherein the control unit (110) is configured to wirelessly communicate (via communication network 106) with a portable computing device (Column 6, lines 38-42, the user device 104 may be, but not limited to, a mobile device, a smart phone, a tablet computer, a portable computer, a laptop computer, a desktop computer, a smart device, a smart watch, a smart glass, and so forth) to display via an application (Column 6, lines 56-58, may be a controlling application installed on the user device) running on the portable computing device (Column 6, lines 38-42, the user device 104 may be, but not limited to, a mobile device, a smart phone, a tablet computer, a portable computer, a laptop computer, a desktop computer, a smart device, a smart watch, a smart glass, and so forth) information about any of the light source, the water system, the air handling system, or a combination thereof (Column 6, lines 46-58).
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 Hoyos, by making the light source a plurality of light emitting diode (LED) grow lights, the system having a user interface that is in electronic communication with the control unit, wherein the user interface is coupled to the base or is present in an application of a wirelessly coupled portable computing device, the user interface is configured to display information about any of the light source, the water system, the air handling system, or a combination thereof, wherein the user interface is configured to receive inputs and wherein the control unit is configured to wirelessly communicate with a portable computing device to display via an application running on the portable computing device, information about any of the light source, the water system, the air handling system, or a combination thereof, as taught by Soutter, for the purpose of providing optimal growing conditions within the device and allowing the user full control of the conditions within the growth environment.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hoyos (US 2024/0349664) in view of Valatka (US 2018/0192621).
Regarding claim 13, Hoyos discloses the invention substantially as set forth above, but does not expressly disclose wherein the camera is present and an image produced therefrom is color analyzed to provide a signal to the control unit or an application to modify growing conditions.
However, Valatka discloses a similar habitat structure (100) with a camera (118) is present and an image produced therefrom is color analyzed to provide a signal ([0050], [0092]-[0094]) to the control unit (102) or an application to modify growing conditions ([0112]).
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 Hoyos, by adding a camera that is present and an image produced therefrom is color analyzed to provide a signal to the control unit or an application to modify growing conditions, as taught by Valatka, for the purpose of providing a water to control the environment within the device based on the images produced from the camera.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M RODZIWICZ/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642