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 .
Drawings
The subject matter of this application fails to provide a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. 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).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “ integrated farming system; a primary hydroponic component for growing plants; b) a plurality of point-of-use hydroponic components; a monitoring device” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 spacing of the lines of the specification is such as to make reading difficult. New application papers with lines 1 1/2 or double spaced (see 37 CFR 1.52(b)(2)) on good quality paper are required.
The font size of the specification is such as to make reading difficult. New application papers with text written in a nonscript type font (e.g., Arial, Times Roman, or Courier, preferably a font size of 12) lettering style having capital letters which should be at least 0.3175 cm are required.
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 and 4 (as well as dependent claims 2-3 and 5-9) are 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.
Claims 1 and 4 recite communicating the at least one parameter to the primary hydroponic component, which is vague and indefinite since a structure for receiving a communication has not been recited. One of ordinary skill would understand a hydroponics unit as generally requiring a support structure for holding plants and allowing the flow of a nutrient solution. Therefore, it is unclear wat structure would be receiving the communication. Does the hydroponic component include a communications unit? For the purposes of examination, the examiner will interpret the claims, where the system monitors the plants in each stage and adjust the plants based on the monitored parameter.
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.
Claim(s) 1-7 and 9 is/are rejected, as best understood, under 35 U.S.C. 102(a)(1) as being anticipated by BARAO; Andrew et al. (US 20230172128 A1).
Regarding claim 1 Barao discloses an integrated farming system comprising: a) a primary hydroponic component (206) for growing plants; b) a plurality of point-of-use hydroponic components (Fig. 2; 208); [0066] to maintain optimum nutrient density of the plants wherein the point-of-use hydroponic components are in physical proximity to the primary component (Fig. 2, shown as separated only by 202, 204); and c) a monitoring device configured to measure at least one parameter of the plants in the point-of-use hydroponic components and communicate the at least one parameter to the primary hydroponic component [0006]; [0045] (the structure is physically capable of communicating a parameter in order to transfer the plants to a subsequent phase).
Regarding claims 2-3 Barao, as shown above, discloses all of the limitations of claim 1. Barao further discloses wherein the wherein the parameter is plant density or duration of time spent in at least one of the point-of-use hydroponic components [0006]; [0045].
Regarding claim 4 Barao discloses a method of growing and distributing plants, the method comprising (title); (Fig. 1): a) growing a plurality of plants in a primary hydroponic component (104); b) transferring (106) the plants from the primary hydroponic component to at least one of a plurality of point-of-use hydroponic components (108) to maintain optimum nutrient density of the plants and wherein the point-of-use hydroponic components are in proximity to the primary component [0037]; c) monitoring at least one parameter of the plants in the point-of-use hydroponic component; and communicating the at least one parameter to the primary hydroponic component [0015]; and d) adjusting the plants in the point-of-use hydroponic components in response to the at least one monitored parameter [0045].
Regarding claims 5-6 Barao, as shown above, discloses all of the limitations of claim 4. Barao further discloses wherein the parameter is plant density or duration of time spent in the point-of-use hydroponic component [0006]; [0045].
Regarding claim 7 Barao, as shown above, discloses all of the limitations of claim 4. Barao further discloses wherein the adjusting involves removing plants in poor condition and/or replenishing plants that have been removed from a point-of-use hydroponic component (Fig. 1; 106); [0053] (plants are continuously replenished as the plants age out of the various phases).
Regarding claim 9 Barao, as shown above, discloses all of the limitations of claim 7. Barao further discloses wherein the replenishing does not involve the use of a vehicle (robotics is used); [0037].
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.
Claim(s) 8 is/are rejected, as best understood, under 35 U.S.C. 103 as being unpatentable over BARAO; Andrew et al. (US 20230172128 A1).
Regarding claim 8 Barao, as shown above, discloses all of the limitations of claim 4. Barao does not disclose wherein proximity is less than five kilometres, preferably less than three kilometres, even more preferably less than two kilometres.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the proximity of Barao to be less than five kilometres, preferably less than three kilometres, even more preferably less than two kilometres, in order to provide the advantages of smaller facilities for plant production, and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art is considered pertinent because it relates to hydroponics systems similar to the disclosed invention.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY LOWERY whose telephone number is (571)270-3228. The examiner can normally be reached M-F 7 am-4 pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644
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