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 .
This is the first Office Action on the merits. Claims 30-49 are currently pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112(b)
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.
Claims 33 and 35-36 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 33 is indefinite because in the following limitation, “wherein the fan is a bladeless fan, and/or the support unit comprises: a bladeless fan, located below the bottom surface of the platform, the bladeless fan having an annular nozzle configured to project air in a downwards direction; and wherein the annular nozzle is shaped and sized similarly to the outer perimeter of each grow tray”, it is unclear if the limitation is requiring only the fan of claim 30, an additional, separate bladeless fan, or both the fan of claim 30 and the additional bladeless fan. One of ordinary skill in the art would not be able to reasonably ascertain the metes and bounds of the claimed subject matter.
Claim 35 recites the limitation "the platform opening" in line 3. There is insufficient antecedent basis for this limitation in the claim.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood. Claim 36 is rejected for being dependent on rejected claim 35 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.
(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 45-47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim (US 20230109941 A1), hereafter referred to as “Lim”.
Regarding claim 45, Lim discloses a vertical farming system (figs. 1-58) comprising:
a plurality of grow trays (32; figs. 8-9) for receiving a growth medium for germinating, propagating and/or growing living organisms (paragraph [0089] and figs. 8 and 3), each grow tray including a bottom tray surface (bottom surface of 91; fig. 3);
a plurality of support units (31; figs. 2, 4, 8), each support unit including a single platform (figs. 2, 4, 8) including a top platform surface (upper surface of 32) for supporting the bottom tray surface of a grow tray from below (fig. 8), wherein an internal surface of the platform defines an internal irrigation conduit (316, 317; figs. 9-11) including an inlet portion (316; fig. 10) for receiving a fluid (fig. 10 and paragraph [0137]), and an outlet portion (315) for delivering the fluid to a grow tray supported on the platform (fig. 9; fluid from 315 provided through 33 to elements 91); and
a support structure (16; fig. 2) configured to support the plurality of support units in a vertically spaced arrangement (fig. 2; paragraph [0133]).
Regarding claim 46, Lim discloses the vertical farming system of claim 45, and further discloses that each grow tray (32) comprises:
a tray opening (opening at 33; figs. 9, 13, and paragraphs [0128]-[0129]) for receiving a fluid into the grow tray (paragraphs [0128]-[0129]), and the outlet portion of the internal irrigation conduit is configured to be couplable to the tray opening to establish fluid communication between the internal irrigation conduit and the grow tray (fig. 9); and
optionally wherein the tray opening extends through the bottom tray surface (paragraphs [0128]-[0129]).
Regarding claim 47, Lim discloses the vertical farming system of claim 45, and further discloses comprising:
a central irrigation system (70, 81, 82, 83, 84; paragraphs [0137] and [0255]-[0260]) configured to transport a fluid to the inlet portion of the internal irrigation conduit of each support unit (paragraphs [0137] and [0255]-[0260]).
Claims 48-49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muanchart (US 20200275615 A1), hereafter referred to as “Muanchart”.
Regarding claim 48, Muanchart discloses a vertical farming system (figs. 1-8C) comprising:
a plurality of grow trays (paragraph [0025]) for receiving a growth medium for germinating, propagating and/or growing living organisms (paragraph [0025] and figs. 3-6B);
a support structure (931) configured to support the plurality of grow trays in a plurality of vertically spaced tray positions (paragraph [0025] and figs. 3-6B); and
a plurality of bladeless fans (810 may represent any of the Air Velocity Retention Devices (AVRD) 110, 111, 112; see paragraphs [0081]-[0083] and figs. 8A-8C), each bladeless fan being located above one or more corresponding tray positions (see, e.g., fig. 2), each bladeless fan including an annular nozzle (822; paragraph [0086]) configured to project air in a downwards direction (paragraph [0086] and fig. 2).
Regarding claim 49, Muanchart discloses the vertical farming system of claim 48, and further discloses that each annular nozzle (810, 822) is sized and shaped similarly to the outer perimeter of at least one of the grow trays (fig. 2).
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 30-32 and 34-43 are rejected under 35 U.S.C. 103 as being unpatentable over Petrovffsky et al. (US 20190320604 A1), hereafter referred to as “Petrovffsky”, in view of Bogner et al. (US 20190059241 A1), hereafter referred to as “Bogner”.
Regarding claim 30, Petrovffsky teaches a vertical farming system (100; figs. 1-11) comprising:
a plurality of grow trays (110) for receiving a growth medium for germinating, propagating and/or growing living organisms (fig. 1; paragraph [0067]), each grow tray including a bottom tray surface (figs. 1-2);
a plurality of support units (112, 812; paragraph [0079]), each support unit including a single platform (112) including a top platform surface for supporting the bottom tray surface of a grow tray from below (fig. 1 and paragraph [0067]-[0068]), wherein each bottom tray surface and/or each top platform surface are configured such that when a grow tray is supported on top of a support unit (fig. 1), a ventilation space (region between 110 and 112; see fig. 1) is defined between the bottom tray surface and the top platform surface (fig. 1), each support unit including a fan (810; fig. 8 and paragraph [0079]) mounted to the platform (fig. 8), the fan being configured to generate an airflow through the ventilation space (fig. 8 and paragraph [0079]), but does not explicitly discuss specifics of a support structure, and thus does not teach a support structure configured to support the plurality of support units in a vertically spaced arrangement.
Bogner teaches a vertical farming system (figs. 1-10) including a support structure (200; fig. 10) configured to support a plurality of support units in a vertically spaced arrangement (fig. 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Petrovffsky, such that a support structure configured to support the plurality of support units in a vertically spaced arrangement, in order to allow more plants to be cultivated at once.
Regarding claim 31, Petrovffsky in view of Bogner teaches the vertical farming system of claim 30, and Petrovffsky further teaches that the platform (112, 812; paragraph [0079]) of each support unit comprises:
a bottom platform surface (bottom surface of 112/812) and a platform opening (paragraph [0079] and fig. 8) extending through the top platform surface and the bottom platform surface ((paragraph [0079] and fig. 8); and
wherein the platform opening is in fluid communication with the ventilation space (paragraph [0079]) and the fan is configured to generate an airflow through the platform opening and ventilation space (paragraph [0079] and fig. 8).
Regarding claim 32, Petrovffsky in view of Bogner teaches the vertical farming system of claim 31, and Petrovffsky further teaches that the fan (812) is mounted at least partially within the platform opening (paragraph [0088]), or directly above or below the platform opening (paragraph [0088]), and the fan is configured to blow air in a vertical direction (fig. 5 and paragraph [0079]).
Regarding claim 34, Petrovffsky in view of Bogner teaches the vertical farming system of claim 30, but does not explicitly teach that each support unit comprises:
a lighting unit mounted to the platform, the lighting unit being configured to radiate light to a region below the platform.
Bogner further teaches a lighting unit (145) mounted to a platform (fig. 10 showing 145 mounted to a shelving component), the lighting unit being configured to radiate light to a region below the platform (fig. 10, paragraph [0028]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Petrovffsky, such that the support includes a lighting unit mounted to the platform, the lighting unit being configured to radiate light to a region below the platform, as further taught by Bogner, in order further facilitate the growing of plants (paragraph [0028] of Bogner).
Regarding claim 35, Petrovffsky in view of Bogner teaches the vertical farming system of claim 34, and Petrovffsky further teaches that the platform comprises:
a vent hole (paragraph [0079] teaching multiple air inlets) extending through the top platform surface and the bottom platform surface such that the ventilation space is in fluid communication with both the platform opening and the vent hole (paragraph [0079]), but does not explicitly teach that the lighting unit is mounted at least partially within or below the vent hole.
Bogner further teaches that the lighting unit (145) is mounted at least partially within or below a vent hole (135; paragraphs [0026] and figs. 8-9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Petrovffsky, such that the lighting unit is mounted at least partially within or below the vent hole, as further taught by Bogner, in order to incorporate the mounting of the lighting in a manner that directs the light onto the plant (paragraph [0028] of Bogner).
Regarding claim 36, the combined teachings of Petrovffsky in view of Bogner teaches the vertical farming system of claim 35, and further teaches that the support unit comprises:
a heat sink (141; fig. 9 and paragraph [0028]) mounted on the lighting unit (145; fig. 9 and paragraph [0028]) and configured to dissipate heat from the lighting unit upwards into the vent hole (fig. 9 and paragraph [0028]).
Regarding claim 37, Petrovffsky in view of Bogner teaches the vertical farming system of claim 30, and Petrovffsky further teaches that the ventilation space (region between 110 and 112; see fig. 1) is partially defined by a recessed portion of the top platform surface (fig. 8); and
the platform opening extends through the recessed portion and the bottom platform surface (fig. 8).
Regarding claim 38, Petrovffsky in view of Bogner teaches the vertical farming system of claim 30, and Petrovffsky further teaches that the ventilation space (region between 110 and 112; see fig. 1) is partially defined by a recessed portion of the bottom tray surface (fig. 8 showing multiple recessed portions).
Regarding claim 39, Petrovffsky in view of Bogner teaches the vertical farming system of claim 30, and Petrovffsky further teaches that the ventilation space (region between 110 and 112; see fig. 1) is formed as a channel extending between opposing lateral sides of the platform (figs. 1 and 8).
Regarding claim 40, Petrovffsky in view of Bogner teaches the vertical farming system of claim 39, and Petrovffsky further teaches that the bottom tray surface and/or the top platform surface are configured to define two ventilation spaces formed as channels arranged on either side of a central supporting portion (via 122, paragraph [0068] and fig. 1).
Regarding claim 41, Petrovffsky in view of Bogner teaches the vertical farming system of claim 30, and Petrovffsky further teaches that each grow tray (110) comprises:
a tray opening (120; paragraph [0076] and fig. 1) for receiving a fluid into the grow tray (paragraph [0076]); and
wherein an internal surface of the platform defines an internal irrigation conduit (310) for transporting a fluid (paragraph [0076]), the irrigation conduit including an inlet portion for receiving a fluid (paragraph [0076]), and an outlet portion (610) configured to be couplable to the tray opening to establish fluid communication between the internal irrigation conduit and the grow tray (paragraph [0076]).
Regarding claim 42, Petrovffsky in view of Bogner teaches the vertical farming system of claim 41, and Petrovffsky further teaches that the tray opening (120) extends through the bottom tray surface (fig. 1) and the outlet portion (510) is configured to couple to the tray opening at the bottom tray surface (figs. 1 and 5).
Regarding claim 43, Petrovffsky in view of Bogner teaches the vertical farming system of claim 42, and Petrovffsky further teaches that the outlet portion (510) comprises:
an irrigation connector (310) configured to couple to the tray opening (fig. 5).
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Petrovffsky in view of Bogner as applied to claim 30 above, and further in view of Muanchart.
Regarding claim 33, Petrovffsky in view of Bogner teaches the vertical farming system of claim 30, but does not explicitly teach that the fan (810) is a bladeless fan, and/or the support unit comprises:
a bladeless fan, located below the bottom surface of the platform, the bladeless fan having an annular nozzle configured to project air in a downwards direction; and
wherein the annular nozzle is shaped and sized similarly to the outer perimeter of each grow tray.
Muanchart teaches a vertical farming system (figs. 1-8C) including a bladeless fan (810 may represent any of the Air Velocity Retention Devices (AVRD) 110, 111, 112; see paragraphs [0081]-[0083] and figs. 8A-8C).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Petrovffsky in view of Bogner, such that the fan is a bladeless fan, as taught by Muanchart, in order to provide a fan with improved air speed control, as bladed fans are difficult to control the speed of air (paragraph [0081] of Muanchart).
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Petrovffsky in view of Bogner as applied to claim 41 above, and further in view of Lim.
Regarding claim 44, Petrovffsky in view of Bogner teaches the vertical farming system of claim 41, and Petrovffsky further teaches management of fluids within the system, but does not explicitly teach a central irrigation system configured to transport a fluid to the inlet portion of the internal irrigation conduit of each support unit.
Lim teaches a vertical farming system (figs. 1-58) including a central irrigation system (70, 81, 82, 83, 84; paragraphs [0137] and [0255]-[0260]) configured to transport a fluid to an inlet portion (316) of an internal irrigation conduit (316, 317; figs. 9-11) of each support unit (31; paragraphs [0137] and [0255]-[0260]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Petrovffsky in view of Bogner, to include a central irrigation system configured to transport a fluid to the inlet portion of the internal irrigation conduit of each support unit, as taught by Lim, in order to provide a closed-loop system, which would reduce water waste.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims. For example, JP 2019024452 teaches a farming system with similar tray and irrigation features.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643
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