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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2023-0025553, filed on 02/27/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/25/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “13,” “24,” “52a,” and “54.”
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “30” has been used to designate both the cultivation pot and work platform. Similarly, reference character “31” has been used to designate both the planting holes and guardrail.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because it contains legal phraseology such as "means" in lines 5 and 6. 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 § 102
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 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.
Claims 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deschambault et al. (US 20220087123 A1), hereinafter Deschambault.
Regarding claim 1, Deschambault discloses a vertical rotary plant cultivation system comprising:
an aerial rail installed along a circular track disposed at a predetermined level (top railings 1004; Fig. 1);
a plurality of planting structures (panels 1000; Fig. 1), each of which has a planting surface for planting crops on one surface or both surfaces thereof (Fig. 1 shows cups 1012 for plants disposed on surface of panels 1000) and which move in a line along the circular track while one side thereof is suspended from the aerial rail such that the planting surface is vertically disposed (Fig. 1; ¶ 0060, “The aeroponic growing apparatus A also includes variable speed motorization assembly 1024 to selectively drive the articulated wall 1002 when operating as a carousel, e.g., selectively clockwise and anti-clockwise, and top railings 1004 [FIG. 3] for guiding the elongated panels 1000 during the driven displacement of the articulated wall 1002, the elongated panels 1000 having upper ends thereof engaged respectively in the top railings 1004”);
a work platform installed at one side or each of two sides of the circular track to face the planting surface of the planting structure (movable platform 1020; Fig. 1);
a driving device configured to consecutively move the planting structures along the aerial rail (motorization assembly 1024; Fig. 1; ¶ 0060); and
a water supply device configured to supply water or a nutrient solution necessary for growing the crops planted in the planting structure (spraying system 1025; Fig. 3; ¶ 0073, “The articulated wall 1002 is adapted to move horizontally in a closed loop around fixed spraying systems 1025 [see FIG. 3] mounted inwardly of the articulated wall 1002, the spraying systems 1025 being adapted to deliver a nutrient solution to the roots of the plants 1014”).
Regarding claim 2, Deschambault discloses the device of claim 1.
Deschambault discloses wherein the planting structure is a grid-shaped structure having a hollow to accommodate roots of the crops (¶ 0066, lines 5-9, “Complementary openings 1013 are defined in the elongated panels 1000 such that the cups 1012 are e.g., removably, mounted thereto and to allow the roots of the plants 1014 to extend inwardly of the articulated wall 1002”), and a support roller rotating along the aerial rail is installed at one side of the planting structure (rail attachment member 1076; Figs. 15A-16B).
Regarding claim 3, Deschambault discloses the device of claim 1.
Deschambault discloses wherein a planting mat, a planting net, or a planting pot configured to support roots of the crops is installed on the planting surface of the planting structure (planting cups 1012; Fig. 9).
Regarding claim 5, Deschambault discloses the device of claim 1.
Deschambault discloses wherein the water supply device is a water-dropping hose installed along the aerial rail to allow the water or the nutrient solution to flow or a spray nozzle configured to spray the water or the nutrient solution toward roots of the crops planted in the planting structure (Fig. 3 shows spraying systems 1025 have nozzles; ¶ 0073).
Regarding claim 6, Deschambault discloses the device of claim 1.
Deschambault discloses wherein the aerial rail has straight sections disposed in parallel at predetermined intervals and a curved section configured to serially connect the straight sections (Fig. 1), and a lighting device configured to radiate light necessary for growing the crops is installed between the planting surfaces of the planting structures at both sides which are adjacent to each other to move across each other in the straight section of the aerial rail (lighting system 1026; Fig. 8).
Regarding claim 7, Deschambault discloses the device of claim 6.
Deschambault discloses wherein the lighting device is installed to be movable toward or away from the planting surfaces of the planting structures at both sides (¶ 0076, “Transversal rails 1050 may be mounted about the top of the aeroponic growing apparatuses A, perpendicular to the longitudinal directions of the carousels, for components to be suspended to the transversal rails 1050. According to a realization, the lighting system 1026 is attached to the transversal rails 1050, allowing to increase or decrease clearance between the lighting system 1026 and the carousel by changing location of attachment of the lighting system 1026 to the transversal rails 1050 at the top. For example, FIG. 8 depicts the capability through displacement of the suspended lighting system 1026 to set its distance to the side of the carousel”).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Deschambault (US 20220087123 A1) as applied to claim 1, in view of Smith et al. (US 20230397536 A1), hereinafter Smith.
Regarding claim 4, Deschambault discloses the device of claim 1, including a guardrail is installed at an edge of the layer (Fig. 1), however, Deschambault fails to specifically disclose wherein the work platform has a multi-layer structure, and a guardrail is installed at an edge of each layer.
Smith is in the field of vertical plant cultivation and teaches wherein the work platform has a multi-layer structure (Fig. 3; ¶ 0038, “In one embodiment, the lowermost platform 306 of each harvest region 308, 310, 312 is coupled to a support base 314 by a first lift 316. The support base 314 is only illustrated in the harvest region 312 for the sake of simplicity. The first lift 316 extends from the support base 314 to the first surface 320 of the lowermost platform 306. A second lift 318 extends from the second surface 322 of the lowermost platform 306 to the first surface 320 of the uppermost platform 306. Additional platforms and lifts are contemplated and may be arranged similar to the illustrated platforms 306 and lifts 316, 318”)
Therefore, it would have been obvious to one of ordinary skill in the art of vertical plant cultivation before the effective filing date of the claimed invention to modify the device of Deschambault such that the work platform has a multi-layer structure, as taught by the multi-layer work platform structure of Smith. The multi-layer platforms would allow for work to be completed on different layers of the same planting structure sector simultaneously, which would improve the overall operation and accessibility of the system. The modification would have a reasonable expectation of success.
Furthermore, it would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the invention to have modified the device of Deschambault in view of Smith such that a guardrail is installed at an edge of each layer, in order to improve safety. Additionally, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Green, US 20190090433 A1, discusses a portable growing system.
Christiaens et al., US 20220039328 A1, discusses a cultivation arrangement and method.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SPENCER THOMAS CALLAWAY whose telephone number is (571)272-3512. The examiner can normally be reached 9am-5pm.
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 Huson can be reached on 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.T.C./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
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