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 .
Information Disclosure Statement
The information disclosure statement filed 09 September 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
Claim 5 is 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 5 use of the term “upon” renders the claim indefinite since it doesn’t establish a lower and upper limit of the time period. The claim language does not explicitly claim the boundaries of the limitation. Correction and clarification is requested.
Claim Objections
Claims 1, 2, 14 are objected to because of the following informalities:
Claim 1, lines 10-11, “the persistence” should be --a persistence--
Claim 2, line 3, “the user input” should be --a user input--
Claim 14, line 9, “the persistence” should be --a persistence--
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 2, 3, 4, 5, 6, 7, 10, 12, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Korean Patent KR 102272902 to Song in view of PCT WO 2014/130362 to Mars.
Regarding Claims 1, 6, 7, and 14, Song teaches a lighting system and method (Song #135 measures amount of light and #14 controls on and off operation of light) for illuminating an aquaculture reservoir (Song Fig. 4 #12), wherein the aquaculture reservoir comprises an aquatic species (Song shrimp Fig. 4 element S) first microbes, and second microbes other than the first microbes (Song abstract teaches a plurality of “microorganisms” thus a first and second microbe; biofloc based aquaculture, paragraph [0035] plurality of microorganisms), wherein the lighting system comprises: a light source for illuminating the aquaculture reservoir with light source light; a lighting controller (Song #14 controls the lights on/off) configured to: (i) obtain a first microbiome signal indicative of the first microbes being present in the aquaculture reservoir and a second microbiome signal indicative of the second microbes being present in the aquaculture reservoir (Song sensor unit #13 contains a microbial biosensor #131 sends signals to controller #14; paragraphs [0076]-[0083], [0087]-[0088]). Song teaches cultivating beneficial microorganisms and controlling the lights based on the sensor data and teaches comparing the collected sensor data to threshold levels to manage the biofloc to constantly maintain and continuously control by comparing to threshold data for optimal aquaculture environment. Song teaches controlling the amount of light to the microorganism as one the aquaculture environmental control functions (ii) select a lighting characteristic based on the first microbiome signal and the second microbiome signal, wherein the selected lighting characteristic is configured to promote the persistence of the first microbes relative to the second microbes in the aquaculture reservoir (Song paragraph [0077], [0086], lights are adjusted based on the sensor signal to optimize and maintained desired environmental threshold levels); (iii) control the light source to illuminate the aquaculture reservoir with light source light comprising said selected lighting characteristic (Song claim 3, paragraph [0077], [0086], Song teaches “on” and “off” via element #14 with comparison to programmed thresholds and critical data).
Song is silent on wherein the lighting controller is configured to: obtain a first action spectrum related to the first microbes based on the first microbiome signal, and obtain a second action spectrum related to the second microbes on the second microbiome signal, and select the lighting characteristic based on the first action spectrum and the second action spectrum; promoting persistence of a first microbe relative to a second microbe in the reservoir. However, Mars teaches the general knowledge of one of ordinary skill in the art that it is known wherein the lighting controller is configured to: obtain a first action spectrum related to the first microbes based on the first microbiome signal, and obtain a second action spectrum related to the second microbes on the second microbiome signal, and select the lighting characteristic based on the first action spectrum and the second action spectrum, promoting persistence of a first microbe relative to a second microbe in the reservoir (Mars teaches using light to control the microorganism in a aquaculture tank to continuously optimize the microorganism profile, Mars paragraph [0034]; Fig. 5 #510; paragraph [0040]-[0041] teaches selecting he spectrums based on the microorganism in response to sensor data; Mars teaches selecting light to maximize the culture of the microorganism (i.e. first microbiome) and killing contamination microorganism (i.e. second microbiome)). It would have been obvious to one of ordinary skill in the art to modify the teachings of Song with the teachings of Mars before the effective filing date of the claimed invention with a reasonable expectation of success to continuously optimize the microorganism profile via automated computer control system as taught by Mars. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Regarding Claim 2, Song as modified teaches the lighting system comprises a user interface device (Song #20); wherein the user input device is configured to receive an user input and determine the first microbiome signal and/or the second microbiome signal based on said user input; wherein the user input is indicative of the first microbes and/or the second microbes being present in the aquaculture reservoir; wherein the lighting controller is configured to receive said first microbiome signal and/or said second microbiome signal from said user interface device (Song #131, #14 and paragraphs [0077], [0088], [0102]; Mars paragraph [0056], [0016]).
Regarding Claim 3, Song as modified teaches lighting system comprises a sensor device (Song #13, #131); wherein the sensor device is configured to receive a sensor input and determine the first microbiome signal and/or the second microbiome signal based on said sensor input; wherein the sensor input is indicative of the first microbes and/or the second microbes being present in the aquaculture reservoir; wherein the lighting controller is configured to receive said first microbiome signal and/or said second microbiome signal from said sensor device (Song paragraphs [0081]-[0083]; Mars paragraphs [0053]-[0059]).
Regarding Claim 4, Song as modified teaches the lighting system comprises a microbiome dispenser device; wherein the microbiome dispenser device is configured to provide, in operation, the first microbes to the aquaculture reservoir (Song English translation #14 supplies microorganism to tank #12 using a metering pump; Song paragraphs [0081]-[0083]).
Regarding Claim 5, Song as modified teaches the microbiome dispenser device is configured to convey, upon providing the first microbes to the aquaculture reservoir, said first control signal to the lighting controller (Song #131 sends signal to #14, applicant doesn’t claim a specific time frame that defines “upon”).
Regarding Claim 10, Song as modified teaches the first microbes are one or more of the groups of: Bacillus, B. acidophilus, B. subtilis, B. cereus, B. pumilus, B. licheniformis, B. thuringiensis, B. weihenstephanensis, Lactobacillus, Aerobacter, Nitrobacter spp., Saccharomyces cerevisiae, Acinetobacter, Cellulomonas, Streptococci, Streptococcus agalactiae, Acinetobacter baumannii, Methylomonas methanica, Pseudomonas Stutzeri, Pseudoxanthomonas suwonensis, Geobacillus thermoleovorans, Macrococcus caseolyticus, Sphingobacterium ingobacterium sp., Weeksella virosa, Pedobacter saltans, Oceanithermus profundus, Mycoplasma synoviae, Colwellia, psychrerythraea, Ketogulonicigenium vulgare, Salmonella enterica, Xanthomonas albilineans, Nocardioides sp., Borrelia relia sp. Roseobacter (Song paragraph [0035]).
Regarding Claim 12, Song as modified teaches the lighting characteristic comprises a spectral power distribution; wherein the spectral power distribution is selected for one or more of: (i) promoting growth of the first microbes, (ii) deactivating second microbes, (iii) deactivating second microbes more strongly than the first microbes (Mars paragraph [0034]; Fig. 5 #510; paragraph [0040]-[0041] teaches selecting he spectrums based on the microorganism in response to sensor data; Mars teaches selecting light to maximize the culture of the microorganism (i.e. first microbiome) and killing contamination microorganism (i.e. second microbiome)).
Regarding Claim 13, Song as modified teaches a lighting characteristic comprises a spectral power distribution; wherein the spectral power distribution comprises at least one peak wavelength in the range of 100 - 380 nanometers, and/or at least one peak wavelength in the range of 380 – 435 nanometers (Mars paragraph [0039] values are “in the range”).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Korean Patent KR 102272902 to Song in view of PCT WO 2014/130362 to Mars as applied to claim 1 above, and further in view of U.S. Patent No. 11,399,519 to Huang et al.
Regarding Claim 9, Song as modified teaches the aquaculture reservoir comprises a water volume, but is silent on wherein the light source is submerged in said water volume. However, Huang teaches the general knowledge of one of ordinary skill in the art that it is known to place the aquaculture light source in the reservoir (Huang Fig. 1 #40, #41). It would have been obvious to one of ordinary skill in the art to further modify the teachings of Song with the teachings of Huang before the effective filing date of the claimed invention with a reasonable expectation of success to optimize growth of shellfish as taught by Huang. The modification is merely the application of a known technique to a known device ready for improvement to yield predictable results.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Korean Patent KR 102272902 to Song in view of PCT WO 2014/130362 to Mars as applied to claim 1 above, and further in view of China Patent CN 104585105 to Li et al.
Regarding Claim 11, Song as modified teaches killing a second microbe (Mars paragraph [0041]) and blocking viruses (Song English translation), but is silent on the second microbes are one or more of: Luminescent Vibrio, Vibrio harveyi, V. splendidus, V. parahaemolyticus, V. anguillarum, White Spot Syndrome Virus (WSSV), Yellow Head Virus (YHV), Enterocytozoon hepatopenaei (EHP), Aeromonas, Leucothrix sp., Vorticella, Epistylis, Zoothamnium, Acineta, Ephelota, Staphylococcus Aureus, P. damselae, E. tarda, A. salmonicida, Streptococcus parauberis, S. iniae. However, Li teaches white spot syndrome virus is a concern in shrimp breeding (Li paragraph [0101]). The claimed microbes are known to be present in an aquaculture biofloc and it is desirable to inactivate it. It would have been obvious to one of ordinary skill in the art to further modify the teachings of Song with the teachings of Li before the effective filing date of the claimed invention with a reasonable expectation of success promote the health of the shrimp. The modification is merely the simple substitution of one known microbe for another to obtain predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of record is a teaching of the general knowledge of one of ordinary skill in the art with regard to microbe management:
U.S. Patent Pub. No. 2024/0318107; U.S. Patent Pub. No. 2024/0310031; U.S. Patent Pub. No.2024/0224959; U.S. Patent Pub. No. 2010/0005711; Korea Patent KR 101822735; U.S. Patent No. 7,220,018; U.S. Patent No. 9.433,194; U.S. Patent No. 9,758,756; U.S. Patent No. 10,039,244; U.S. Patent No. 11,740,177.
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/ANDREA M VALENTI/Primary Examiner, Art Unit 3643
11 February 2026