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 3/4/2026, in which: claim 18 is amended, claims 1-3, 5-8, 10-14, 16-17, 19-22 are previously presented, claims 4, 9, 15 are cancelled and claims 23-25 are new.
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 1-3, 5-8, 12-14, 16-21, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Thoma (US 2016/0235023) in view of Hao (CN 1142534).
Regarding claims 1-2, 13, 18-21, 23, Thoma discloses an aeroponics apparatus comprising, a modular, grow bed system for commercial operation, the apparatus comprising: a grow bed (1) comprising a grow bed tray (10) having a base (12) and at least two sidewalls (14), wherein the grow bed tray (10) is adapted to hold a liquid nutrient solution ((0034] nutrient enriched water) and to hold a plant support (30) at a position spaced from the base (12); a plurality ((0042], one or more generators) of ultrasonic transducers (50, 52) mounted to the base (12) of the grow bed tray (10), using one or more fixing portions (Fig. 3, wherein the transducer is mounted to element 60 within or below with a bracket or other attachment structure and portions of element 70), but does not expressly disclose the transducer being mounted under the base and using one or more acoustically transmitting fixing portions and wherein at least one of the ultrasonic transducers is held in contact with and compressed against the base of the grow bed tray by a holder of a respective one of the fixing portions.
However, Hao discloses a similar aeroponics structure (Fig. 5) having a transducer (9) mounted to an underside of the base (1) and using a fixing portion that has acoustically transmitting properties (8, made of stainless steel sheets (as stated by applicant in applicants own disclosure the materials used are plastics or metallic materials and therefore the stainless steel sheets would have the similar or the same acoustically transmitting capabilities)) and wherein at least one of the ultrasonic transducers (9) is held in contact with and compressed against the base (1) of the grow bed tray (2) by a holder (jacket, flange and seal of element 8) of a respective one of the fixing portions (8).
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 Thoma, by mounting the transducer to the underside of the base and using one or more acoustically transmitting fixing portions and wherein at least one of the ultrasonic transducers is held in contact with and compressed against the base of the grow bed tray by a holder of a respective one of the fixing portions, as taught by Hao, for the purpose of positioning the transducer directly under the plant material using acoustically transmitting material to enhance the output of water and nutrient solution to the plants by simplifying the system.
Regarding claim 3, Thoma discloses wherein the grow bed tray (10) comprises one of 2 to 48 ultrasonic transducers ([0042], one or more generators).
Regarding claim 5, Thoma wherein each of the ultrasonic transducers (50, 52) is configured to be controllable independently ([0042] The system 1 also comprises controls 70 for adjusting and/or governing operation of the generator 50).
Regarding claim 6, Thoma wherein each of the ultrasonic transducers (50, 52) is a piezoelectric transducer ([0042]).
Regarding claim 7, Thoma wherein each of the ultrasonic transducers (50, 52) has a resonant frequency in a range from 200 kilohertz to 100 megahertz ([0028], a range of from about 1 to 10 megahertz, and in many applications at about 4 to 5 megahertz).
Regarding claim 8, Thoma wherein the grow bed (10) is adapted to hold the plant support (30) spaced from the base (12) of the grow bed tray (10), by one or more supports (16), located on the sidewalls (14) of the grow bed tray (10).
Regarding claim 12, Thoma further comprising crops disposed in the plant support (30), the crops having roots, and the roots of the crops ([0023)]), in use, being located in a root space (20) between the plant support (30) and the base (12) of the grow bed tray (10).
Regarding claim 14, Thoma wherein nebulizing the nutrient solution comprises (via elements 50, 52) nebulizing the nutrient solution to provide a controlled droplet size distribution ([0027]).
Regarding claim 16, Thoma discloses the invention substantially as set forth above, but does not expressly disclose determining the density of the root bed comprising roots of the crops using a root density sensor, and nebulizing the nutrient solution to provide a controlled droplet size distribution corresponding to the predetermined optimal droplet size distribution for the density of the root bed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention/application, to provide a root density sensor to determine the density of the root bed and then applying the appropriate amount of nutrient solution to enhance the growth of the plants, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPO 192.
Regarding claim 17, Thoma wherein the nutrient solution comprises a by-product of aquaculture (wherein the nutrient enriched water is capable of being any known nutrient solution including aquaculture by-product).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Thoma (US 2016/0235023) and Hao (CN 1142534) in view of (JP 3158233)(hereinafter referred to as 233).
Regarding claims 10, Thoma/Hao disclose the invention substantially as set forth above, but does not expressly disclose a second grow bed tray and grow bed tray attachments coupling the grow bed trays together.
However, 233 discloses a similar system having attachments (piping structure 300, 500, 800 attaching each of the plant tray structures together) and having a plurality of grow bed trays (example 2 discloses multiple trays attached via piping with each bed being lowered from the previous bed).
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 Thoma, by adding attachments for attaching a plurality of grow beds together, as taught by 233, for the purpose of enhancing growing capabilities of the structure.
Claims 11, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Thoma (US 2016/0235023) in view of Hao (CN 1142534) and Cottrell (US 2015/0313104).
Regarding claims 11, Thoma/Hao disclose the invention substantially as set forth above, but does not expressly disclose at least sensor selected from a group consisting of: moisture, light, pH, temperature, carbon dioxide, oxygen, infrared, or ultrasonic sensors.
However, Cottrell discloses a similar aeroponics apparatus with at least one sensor (48, claim 18) selected from a group consisting of: moisture (48), light (claim 18), pH, temperature, carbon dioxide, oxygen, infrared, or ultrasonic sensors and attaching them to each of the plant supports (Fig. 4).
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 Thoma, by providing sensors to measure the moisture and light of each of the plants within the aeroponics apparatus, as taught by Cottrell, for the purpose of providing accurate information of the operation of the humidifier and lighting system to enhance the growth of the plants.
Regarding claim 22, Thoma discloses an aeroponics apparatus comprising a modular, grow bed system for commercial operation, the apparatus comprising: a grow bed (1) comprising a grow bed tray (10) having a base (12) and at least two sidewalls (14), wherein the grow bed tray (10) is adapted to hold a plant support (30) at a position spaced from the base (12); a plurality ((0042], one or more generators) of ultrasonic transducers (50, 52) mounted to the base (12) of the grow bed tray (10), but does not expressly disclose the transducer being mounted to an underside of the base and using one or more acoustically transmitting fixing portions and at least one sensor mount configured to attach one or more sensors in the grow bed tray, wherein the one or more sensors are selected from the group consisting of: moisture, light, pH, temperature, carbon dioxide, oxygen, infrared, and ultrasonic sensors.
However, Hao discloses a similar aeroponics structure (Fig. 5) having a transducer (9) mounted to an underside of the base (1) and using a fixing portion that has acoustically transmitting properties (8, made of stainless steel sheets (as stated by applicant in applicants own disclosure the materials used are plastics or metallic materials and therefore the stainless steel sheets would have the similar or the same acoustically transmitting capabilities)).
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 Thoma, by mounting the transducer to the underside of the base and using one or more acoustically transmitting fixing portions, as taught by Hao, for the purpose of positioning the transducer directly under the plant material using acoustically transmitting material to enhance the output of water and nutrient solution to the plants by simplifying the system.
Cottrell further discloses a similar aeroponics apparatus with at least one sensor (48, claim 18) selected from a group consisting of: moisture (48), light (claim 18), pH, temperature, carbon dioxide, oxygen, infrared, or ultrasonic sensors and attaching them to each of the plant supports (Fig. 4).
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 Thoma, by providing sensors to measure the moisture and light of each of the plants within the aeroponics apparatus, as taught by Cottrell, for the purpose of providing accurate information of the operation of the humidifier and lighting system to enhance the growth of the plants.
Allowable Subject Matter
Claims 24-25 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 3/4/2026 have been fully considered but they are not persuasive.
In response to applicants arguments that the prior art of Thoma (US 2016/0235023) in view of Hao (CN 1142534) fail to disclose the features a plurality of ultrasonic transducers being mounted to the underside of the grow bed tray using one or more acoustically transmitting portions, Examiner respectfully disagrees. As stated above, Thoma discloses the each of the elements of the aeroponics apparatus with ultrasonic transducers (50, 52) being mounted in a fog production chamber (60) that is positioned at and under the bottom of the grow bed tray (10), while Hao discloses a similar aeroponics apparatus (1) having ultrasonic transducers (9) being mounted to the underside of the device (Fig. 5) with a stainless steel sheet and jacket (8). The acoustically transmitting mounting structure is the stainless steel sheet and jacket (8) as stainless steel is very well known “to provide highly effective acoustic transmission due to its density, stiffness, and low internal damping, making it a strong conductor of mechanical vibrations” (Soundcy.com and ScienceDirect.com). Applicant further states in their own disclosure that the acoustically transmitting device/holder is made of “plastics or metallic material which provide good acoustic transmission properties”. As such, by applying the underside mounted transducer with jacket/sheet mounting structure of Hao to the aeroponics device of Thoma each of the limitations of the claims are disclosed.
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
/MONICA L PERRY/Primary Examiner, Art Unit 3644
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