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 .
Status of Claims
This is the first action on the merits of application 19/173,151 filed on April 08, 2025. Claims 1-20 are currently pending and have been examined.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains the phrase “according to an embodiment of the present disclosure”, which is implied. It is suggested to amend the abstract to remove the abovementioned phrase. 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).
Additionally, the disclosure is objected to because of the following informalities: On page 10/46, line 17, symbols appear to be missing from the phrase “(eg 18□C-28□C)”. Appropriate correction is required.
Claim Objections
Claims 1-2 and 7-8 are objected to because of the following informalities:
In claim 1, lines 3-4, it is suggested to amend the phrase “pods containing seeds and nutrients for plants” to --pods configured to contain seeds and nutrients for plants-- to further clarify the scope of the claims.
In claim 1, lines 7-8, it is suggested to amend the phrase “and guiding water from the water tank to the bed” to --configured to guide water from the water tank to the bed-- to further clarify the scope of the claims.
In claim 2, line 2, it is suggested to amend the phrase “the plurality of the bed” to --the plurality of beds-- to improve readability of the claim.
In claim 2, lines 2-3, it is suggested to amend the phrase “in vertical direction” to --in a vertical direction-- to improve readability of the claim.
In claim 7, lines 4-5, it appears an extra “and” is included between limitations.
In claim 8, lines 2-3, it is suggested to amend the phrase “the guide groove recessed downward” to --the guide groove is recessed downward-- to improve readability of the claim.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4 and 18-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-8, 10, 12, and 15 of U.S. Patent No. 12,279,569. Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations of claims 1-4 and 18-19 of Application 19/173,151 are taught by claims 1-3, 5-8, 10, 12, and 15 of U.S. Patent No. 12,279,569. A breakdown comparing limitations of Application 19/173,151 and U.S. Patent No. 12,279,569 is provided below.
CLAIM 1
Application 19/173,151
U.S. Patent No. 12,279,569
An apparatus for cultivating plants comprising:
An apparatus for cultivating plants comprising: (from claim 1 of ‘569)
a cabinet defining a cultivation space;
a cabinet defining a cultivation space (from claim 1 of ‘569)
a bed provided in the cultivation space and on which pods containing seeds and nutrients for plants are seated;
a bed provided in the cultivation space (from claim 1 of ‘569)
wherein the bed is configured to accommodate a pod containing seeds of plants for cultivation (from claim 7 of ‘569)
a water tank configured to supply water to the bed;
a water tank configured to supply water to the bed (from claim 1 of ‘569)
a pipe guide recessed along a side surface of the cultivation space;
a pipe guide recessed along an inner wall surface of the cultivation space (from claim 3 of ‘569)
a water supply pipe accommodated inside the pipe guide and guiding water from the water tank to the bed;
a pipe guide recessed along an inner wall surface of the cultivation space and accommodating at least a portion of the water supply pipe (from claim 3 of ‘569)
wherein an end portion of a water supply pipe configured to pass water from the water tank to the water supply portion is disposed above the water supply portion (from claim 1 of ‘569)
a guide cover shielding at least of a portion of the pipe guide; and
a guide cover configured to cover the pipe guide (from claim 5 of ‘569)
a water supply pipe mount formed on the guide cover and fixing an end of the water supply pipe extending toward the bed.
a water supply pipe mounting portion disposed on the guide cover and configured to fix the end portion of the water supply pipe extending toward the bed (from claim 6 of ‘569)
CLAIM 2
Application 19/173,151
U.S. Patent No. 12,279,569
wherein the bed is provided in plural, the plurality of the bed are disposed in vertical direction, and
wherein a plurality of beds are disposed in a vertical direction (from claim 2 of ‘569)
wherein the pipe guide is formed to extend vertically along a rear side of the cultivation space.
wherein the pipe guide is defined to be extending in a vertical direction along a rear end of a side of the cultivation space (from claim 8 of ‘569)
CLAIM 3
Application 19/173,151
U.S. Patent No. 12,279,569
wherein the water supply pipes are provided in a number corresponding to each of the plurality of beds to provide independent water supply flow paths to the beds.
wherein a plurality of water supply pipes are provided, a number of the water supply pipes corresponding to a number of the beds disposed in the vertical direction to thereby provide an independent water supply flow path to each of the beds (from claim 2 of ‘569)
CLAIM 4
Application 19/173,151
U.S. Patent No. 12,279,569
further comprising bed rails arranged on both sides of the bed, and connecting the bed and a side surface of the cultivation space to guide a withdrawal and introduction of the bed, and
wherein a bed rail coupling the bed and a side surface of the cultivation space is configured to guide an insertion or withdrawal of the bed, the bed rail being disposed on both sides of the bed (from claim 10 of ‘569)
wherein the pipe guide is disposed further outside than the bed rails.
wherein a pipe guide is disposed on an outside of the bed rail (from claim 10 of ‘569)
CLAIM 18
Application 19/173,151
U.S. Patent No. 12,279,569
further comprising an evaporator mounted on a rear wall of the cultivation space.
an evaporator disposed at a rear wall surface of the cultivation space and configured to exchange heat with the cultivation space (from claim 12 of ‘569)
CLAIM 19
Application 19/173,151
U.S. Patent No. 12,279,569
further comprising a blower assembly disposed in front of the evaporator, forming at least a portion of a rear surface of the cultivation space, and configured to circulate air in the cultivation space, and
wherein a blower assembly defining at least a portion of a rear surface of the cultivation space and configured to circulate air in the cultivation space is disposed in front of the evaporator (from claim 15 of ‘569)
wherein the water supply pipe mount is disposed in a rear of the blower assembly and is not exposed to the outside.
wherein a water supply pipe mounting part configured to fix the end portion of the water supply pipe extending toward the bed is disposed behind the blower assembly and is not exposed to the outside of the cultivation space (from claim 15 of ‘569)
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11 of U.S. Patent No. 12,279,569 in view of Jiang et al. (CN 109156330 A), hereinafter Jiang. A breakdown comparing limitations of Application 19/173,151 and U.S. Patent No. 12,279,569 is provided below.
Although U.S. Patent No. 12,279,569 discloses wherein a machine room separated from the cultivation space, where a compressor is placed, is disposed at a bottom of the cabinet (see table below), and wherein a stepped portion protruding upward is formed on a bottom surface of the cultivation space to provide a space for placing the compressor (see table below), it does not appear to specifically disclose the machine room, where a condenser is placed. However, Jiang is in the field of plant cultivation apparatuses (title) and teaches the machine room (space comprising 12, 13, and 14; fig. 3), where a condenser (integrated condenser 12) is placed (fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus for cultivating plants with machine room and compressor of U.S. Patent No. 12,279,569 to incorporate the condenser within the machine room as taught by Jiang with a reasonable expectation of success to better regulate the temperature and humidity of the cultivation apparatus.
CLAIM 13
Application 19/173,151
U.S. Patent No. 12,279,569
wherein a machine room separated from the cultivation space, where a compressor are placed, is disposed at a bottom of the cabinet, and
a machine room disposed below the cabinet (from claim 1 of ‘569)
wherein a stepped portion protruding upward and defining a space to accommodate a compressor is disposed at a bottom surface of the cultivation space (from claim 11 of ‘569)
wherein a stepped portion protruding upward is formed on a bottom surface of the cultivation space to provide a space for placing the compressor.
wherein a stepped portion protruding upward and defining a space to accommodate a compressor is disposed at a bottom surface of the cultivation space (from claim 11 of ‘569)
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 3-5, 7, and 15 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.
Claim 3, line 2, recites “the water supply pipes”. However, there is insufficient antecedent basis for this limitation, as only one “water supply pipe” is previously recited. It is thus unclear how many water supply pipes are required by the invention, and the scope of the claim is rendered indefinite.
Claim 4, lines 2 and 3, recites “the bed”. However, in claim 2, lines 2-3, a plurality of beds are introduced. It is unclear as to which bed claim 4 refers, whether to each of the plurality of beds or to a particular one of the plurality of beds. It is thus unclear how the bed rails structurally relate to the plurality of beds, and the scope of the claim is rendered indefinite.
Claim 5, line 3, recites “the above guide cover”. However, there is insufficient antecedent basis for this limitation. It is unclear whether the claim limitation refers to a guide cover disposed physically above other elements within the apparatus or to the “guide cover” previously recited in claims 1 and 5. It is thus unclear how the water supply pipe mount structurally relates to other elements in the apparatus, and the scope of the claim is rendered indefinite.
Claim 7, line 2, recites “the water pipe mount”. However, there is insufficient antecedent basis for this limitation. It is unclear whether the claim limitation refers to “the water supply pipe mount” previously recited in claims 1 and 6 or to another element. It is thus unclear how the recited bent portion, upper fixing portion, and lower fixing portion relate to other elements in the apparatus, and the scope of the claim is rendered indefinite.
Claim 7, line 3, recites “the end of the above cut part”. However, there is insufficient antecedent basis for this limitation. Specifically, there is no antecedent basis for a “cut part” or for its corresponding “end”. It is thus unclear how the bent portion structurally relates to other elements in the apparatus, and the scope of the claim is rendered indefinite.
Claim 15, line 2, recites “the second vertical section”. However, there is insufficient antecedent basis for this limitation. It is unclear whether the claim limitation refers to “the second vertical portion” previously recited in claim 14 or to another element. It is thus unclear how the guide cover structurally relates to other elements in the apparatus, and the scope of the claim is rendered indefinite.
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(s) 1-2, 4, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (KR 102035326 B1), hereinafter Choi, in view of Hart (US 2,659,213 A), hereinafter Hart.
Regarding claim 1, Choi discloses an apparatus for cultivating plants (plant cultivation system 1000) comprising:
a cabinet (plant cultivator 200) defining a cultivation space (culture space S);
a bed (tray 220) provided in the cultivation space (fig. 4) and on which pods containing seeds and nutrients for plants (capsules 100) are seated (fig. 4);
a water tank (storage unit 262) configured to supply water to the bed (para [0143]-[0145]; fig. 5);
a water supply pipe (culture medium flow path 261) and guiding water from the water tank to the bed (para [0146]; fig. 5);
a water supply pipe mount (coupler 220a) fixing an end of the water supply pipe extending toward the bed (fig. 5).
Choi does not appear to specifically disclose:
a pipe guide recessed along a side surface of the cultivation space;
the water supply pipe accommodated inside the pipe guide;
a guide cover shielding at least of a portion of the pipe guide; and
the water supply pipe mount formed on the guide cover.
However, Hart is in the field of fluid transport (col 3, lines 16-32) and teaches:
a pipe guide (U-shaped grooves or channels 34) recessed along a side surface (inner liner 23) of the cultivation space (central interior chamber of cabinet, shown in fig. 2);
the water supply pipe (vertical loops 16 capable of containing fluid) accommodated inside the pipe guide (fig. 3);
a guide cover (cover plate 35) shielding at least of a portion of the pipe guide (fig. 2-3 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus for cultivating plants having a water supply pipe and water supply pipe mount of Choi to incorporate the pipe guide and guide cover as taught by Hart with a reasonable expectation of success to stabilize the positioning of water supply pipe while maintaining an even and smooth interior surface of the cultivation space (col 4, lines 26-38).
Although Choi as modified by Hart does not appear to explicitly disclose the water supply pipe mount formed on the guide cover, the aforementioned arrangement would naturally occur in the given combination of references. Specifically, Hart discloses wherein the guide cover (from Hart, cover plate 35) covers the entirety of the pipe (from Hart, vertical loops 16) recessed within the pipe guide (from Hart, U-shaped grooves or channels 34; see Hart fig. 2). When the teachings of Hart are applied to the plant cultivation apparatus having a water supply pipe of Choi (from Choi, culture medium flow path 261), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that, since the guide cover covers the entirety of the pipe, the guide cover would also at least partially cover the water supply pipe mount (from Choi, coupler 220a), and therefore, the water supply pipe mount would be at least partially formed on the guide cover.
Regarding claim 2, Choi as modified discloses the apparatus for cultivating plants of claim 1, and further discloses:
wherein the bed (from Choi, tray 220) is provided in plural (from Choi, fig. 4), the plurality of the bed are disposed in vertical direction (from Choi, fig. 4), and
wherein the pipe guide (from Hart, U-shaped grooves or channels 34) is formed to extend vertically along a rear side of the cultivation space (from Hart, central interior chamber of cabinet, shown in fig. 2).
Regarding claim 4, as best understood based on the 35 U.S.C. 112(b) issue(s) identified above, Choi as modified discloses the apparatus for cultivating plants of claim 2, and further discloses:
further comprising bed rails (from Choi, rails R) arranged on both sides of the bed (from Choi, tray 220; para [0059]; fig. 4-5), and connecting the bed and a side surface of the cultivation space (from Choi, cultivation space S) to guide a withdrawal and introduction of the bed (from Choi, fig. 4-5; para [0059]).
Although Choi as modified does not appear to explicitly disclose wherein the pipe guide is disposed further outside than the bed rails, the aforementioned arrangement would naturally occur in the given combination of references. Specifically, Choi discloses wherein bed rails (from Choi, rails R) extend inwardly toward an interior of the cultivation space (from Choi, cultivation space S; see Choi fig. 4), and Hart discloses wherein the pipe guide (from Hart, U-shaped grooves or channels 34) is recessed outwardly away from the interior of the cultivation space (see Hart fig. 2). When the teachings of Hart are applied to the plant cultivation apparatus of Choi, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the pipe guide would thus naturally be disposed further outside than the bed rails. One having ordinary skill in the art would utilize such an arrangement with the motivation of avoiding interference between the bed rails and pipes within the pipe guide.
Regarding claim 20, Choi as modified discloses the apparatus for cultivating plants of claim 1, and further discloses:
further comprising an inner case (from Hart, inner liner 23) made of metal material (from Hart, col 3, lines 33-38) forming an inner surface of the cultivation space (from Hart, central interior chamber of cabinet, shown in fig. 2), and
wherein the pipe guide (from Hart, U-shaped grooves or channels 34) is formed in a tubular shape with one side open (from Hart, fig. 3), and is coupled to an opening on an outer surface of the inner case (from Hart, coupled at least indirectly to holes for fastening elements 37; fig. 3).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being obvious over Choi et al. (KR 102035326 B1), hereinafter Choi, in view of Hart (US 2,659,213 A), hereinafter Hart, as applied to claim 2 above, and further in view of Loessl et al. (US 2019/0223396 A1), hereinafter Loessl ‘396.
Regarding claim 3, as best understood based on the 35 U.S.C. 112(b) issue(s) identified above, Choi as modified discloses the apparatus for cultivating plants of claim 2, but does not appear to specifically disclose:
wherein the water supply pipes are provided in a number corresponding to each of the plurality of beds to provide independent water supply flow paths to the beds.
However, Loessl ‘396 is in the field of plant cultivation apparatuses (title; abstract) and teaches:
wherein the water supply pipes (lines 711) are provided in a number corresponding to each of the plurality of beds (first and second irrigation troughs 721, 731) to provide independent water supply flow paths to the beds (fig. 7; para [0124]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus for cultivating plants having a water supply pipe and plurality of beds of Choi as modified to incorporate the plurality of water supply pipes as taught by Loessl ‘396 with a reasonable expectation of success to allow fluid to be delivered to different plants on different beds individually, such that the individualized needs of the plants can be better met (para [0124]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being obvious over Choi et al. (KR 102035326 B1), hereinafter Choi, in view of Hart (US 2,659,213 A), hereinafter Hart, as applied to claim 1 above, and further in view of Lee (US 6,536,227 B1), hereinafter Lee.
Regarding claim 5, as best understood based on the 35 U.S.C. 112(b) issue(s) identified above, Choi as modified discloses the apparatus for cultivating plants of claim 1, and further discloses:
wherein the guide cover (from Hart, cover plate 35) is formed in a plate shape (from Hart, fig. 3).
Choi as modified does not appear to specifically disclose:
wherein the guide cover is formed in a metal plate shape; and
wherein the water supply pipe mount is formed by bending the above guide cover.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the plate shape out of a metal material with the motivation of utilizing durable materials that are relatively easy to manufacture and clean, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Additionally, Lee is in the field of fluid transport (col 4, lines 31-43) and teaches wherein the water supply pipe mount (first and second bending portions 108a, 108b mounting refrigerant pipe 110) is formed by bending the above guide cover (metal plate 108; fig. 6; col 4, lines 54-62).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus for cultivating plants having a guide cover and water supply pipe mount of Choi as modified to incorporate the teachings of forming the water supply pipe mount by bending as taught by Lee with a reasonable expectation of success to make the mount more integrally formed with the guide cover such that it may be more securely attached (col 4, lines 54-62).
Claim(s) 13-15 and 18-19 is/are rejected under 35 U.S.C. 103 as being obvious over Choi et al. (KR 102035326 B1), hereinafter Choi, in view of Hart (US 2,659,213 A), hereinafter Hart, as applied to claim 1 above, and further in view of Loessl et al. (US 2019/0223391 A1), hereinafter Loessl ‘391.
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Annotated Figure 1. Loessl ‘391 Fig. 4, Cross-Sectional View (Examiner-Annotated)
Regarding claim 13, Choi as modified discloses the apparatus for cultivating plants of claim 1, and further discloses:
wherein a machine room (from Choi, machine room M) separated from the cultivation space (from Choi, cultivation space S) is disposed at a bottom of the cabinet (from Choi, plant cultivator 200; fig. 4).
Choi as modified does not appear to specifically disclose:
wherein the machine room, where a compressor and a condenser are placed, is disposed at a bottom of the cabinet, and
wherein a stepped portion protruding upward is formed on a bottom surface of the cultivation space to provide a space for placing the compressor.
However, Loessl ‘391 is in the field of plant cultivation apparatuses (title; abstract) and teaches:
wherein the machine room (space containing water tank 413 and cooling appliance 441; fig. 4), where a compressor (compressor 446) and a condenser (condenser 442) are placed (fig. 4), is disposed at a bottom of the cabinet (housing 410; fig. 4), and
wherein a stepped portion protruding upward is formed on a bottom surface of the cultivation space (annotated fig. 1) to provide a space for placing the compressor (compressor 446; fig. 4 and annotated fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus for cultivating plants having a machine room of Choi as modified to incorporate the compressor, condenser, and stepped portion as taught by Loessl ‘391 with a reasonable expectation of success to more effectively and efficiently control the temperature and humidity of air within the cultivation space (para [0057]).
Regarding claim 14, Choi as modified discloses the apparatus for cultivating plants of claim 13, but does not appear to specifically disclose:
wherein the pipe guide comprises:
a first vertical portion extending along a front end of the stepped portion from the bottom surface of the cultivation space,
a first horizontal portion extending rearwardly along a top end of the stepped portion from a top end of the first vertical portion, and
a second vertical portion extending upwardly along a side rear end of the cultivation space from a rear end of the first horizontal portion.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the pipe guide of whatever form or shape was desired or expedient, including of such a shape with a first vertical portion, a first horizontal portion, and a second vertical portion, with the motivation of fitting the pipe guide around other structures of the apparatus, such as the stepped portion, such that the pipe guide and corresponding water supply pipe do not mechanically interfere with said other structures. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 15, as best understood based on the 35 U.S.C. 112(b) issue(s) identified above, Choi as modified discloses the apparatus for cultivating plants of claim 14.
Although Choi as modified does not appear to explicitly disclose wherein the guide cover is positioned to shield the second vertical section, the aforementioned arrangement would naturally occur through the given combination of references. Specifically, Hart discloses wherein the guide cover (from Hart, cover plate 35) covers the entirety of the pipe guide (from Hart, U-shaped grooves or channels 34; see Hart fig. 2). Therefore, in the resulting combined apparatus of Choi as modified, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the guide cover would be positioned to shield the second vertical portion of the pipe guide.
Regarding claim 18, Choi as modified discloses the apparatus for cultivating plants of claim 1, but does not appear to specifically disclose:
further comprising an evaporator mounted on a rear wall of the cultivation space.
However, Loessl ‘391 is in the field of plant cultivation apparatuses (title; abstract) and teaches:
further comprising an evaporator (evaporator 444) mounted on a rear wall of the cultivation space (accommodating space 412; fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus for cultivating plants having a cultivation space of Choi as modified to incorporate the evaporator as taught by Loessl ‘391 with a reasonable expectation of success to more effectively control the temperature and humidity of air within the cultivation space (para [0057]).
Regarding claim 19, Choi as modified discloses the apparatus for cultivating plants of claim 18, and further discloses:
further comprising a blower assembly (from Loessl ‘391, first and second cooling blowers 548a, 548b and first and second air inlet openings 649a, 649b) disposed in front of the evaporator (from Loessl ‘391, evaporator 544; fig. 5-6, openings 649a, 649b extend through rear side plate 507 and are thus considered at least partially “in front of” evaporator 544), forming at least a portion of a rear surface of the cultivation space (from Loessl ‘391, fig. 6), and configured to circulate air in the cultivation space (from Loessl ‘391, para [0071]; fig. 6);
wherein the water supply pipe mount (from Choi, coupler 220a) is not exposed to the outside (from Choi, fig. 3, coupler 220a is encompassed within cabinet structure of plant cultivator 200)
Choi as modified does not appear to specifically disclose wherein the water supply pipe mount is disposed in a rear of the blower assembly. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have placed the water supply pipe mount rearward relative to the blower assembly, with the motivation of maintaining temperature control of the water passing through the water supply pipe mount (i.e., not overcooling water being delivered to the plant bed), since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being obvious over Choi et al. (KR 102035326 B1), hereinafter Choi, in view of Hart (US 2,659,213 A), hereinafter Hart, and Loessl et al. (US 2019/0223391 A1), hereinafter Loessl ‘391, as applied to claim 14 above, and further in view of Loessl et al. (US 2019/0223396 A1), hereinafter Loessl ‘396.
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Annotated Figure 2. Loessl '396 Fig. 11, Perspective View (Examiner-Annotated)
Regarding claim 16, Choi as modified discloses the apparatus for cultivating plants of claim 14, but does not appear to specifically disclose:
further comprising:
a water pump for supplying water from the water tank to the bed; and
a water supply valve connecting an outlet of the water pump and the water supply pipe;
wherein the water tank is provided in front of the stepped portion, and
wherein the water pump and the water supply valve are disposed between the water tank and a front surface of the stepped portion.
However, Loessl ‘396 is in the field of plant cultivation apparatuses (title; abstract) and teaches:
further comprising:
a water pump (water circuit pump 714) for supplying water from the water tank (first and second storage containers 761, 762) to the bed (first and second irrigation troughs 721, 731; fig. 7; para [0124]); and
a water supply valve (distributor valve 715) connecting an outlet of the water pump and the water supply pipe (lines 711; fig. 7; para [0124]);
wherein the water tank (first and second storage containers 761, 762 or water tank 1113) is provided in front of the stepped portion (annotated fig. 2 and fig. 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus for cultivating plants having a water tank, water supply pipe, bed, and stepped portion of Choi as modified to incorporate the water pump and water supply valve as taught by Loessl ‘396 with a reasonable expectation of success to more effectively transport water to beds containing plants (para [0124]).
Although Choi as modified does not appear to explicitly disclose wherein the water pump and the water supply valve are disposed between the water tank and a front surface of the stepped portion, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have arranged the water pump and water supply valve between the water tank and stepped portion, with the motivation of keeping the water pump and water supply valve adjacent to the water tank, thereby consolidating watering components together in one portion of the apparatus, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 17, Choi as modified discloses the apparatus for cultivating plants of claim 16, and further discloses:
wherein the bed (from Loessl ‘396, irrigation trough 1122) is disposed to shield an upper surface of the water tank (from Loessl ‘396, water tank 1113; fig. 11) and an upper surface of the stepped portion (from Loessl ‘396, annotated fig. 2).
Although Choi as modified does not appear to explicitly disclose wherein the first vertical portion and the first horizontal portion are shielded by the bed, the aforementioned arrangement would naturally occur in the given combination of references. Specifically, Loessl ‘396 teaches a water tank (from Loessl ‘396, water tank 1113) located in front of a stepped portion (see annotated fig. 2 from Loessl ‘396) having a water supply pipe (from Loessl ‘396, lines 711, shown in similar embodiment in fig. 7) extending therefrom toward the bed (from Loessl ‘396, irrigation troughs 1122). It would have been obvious to one having ordinary skill in the art that the water supply pipe (from Loessl ‘396, lines 711) would have to follow the trajectory of the stepped portion in order for the water supply pipe to effectively connect the water tank to the bed. When the water supply pipe is surrounded by a pipe guide (from Hart, U-shaped grooves 34) as taught by Hart (see Hart, fig. 5), the pipe guide would likewise naturally follow this same trajectory. Thus, due to the shape of the stepped portion taught by Loessl ‘396, the first vertical portion and first horizontal portion following around the stepped portion would naturally be shielded by the bed.
Allowable Subject Matter
Claims 6 and 8-12 are 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.
Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to Applicant’s disclosure and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
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/E.M.H./Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647