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 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 suction duct passing through a side of the temperature adjustment device of claim 4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Figures 20-22 show the suction duct inlet 112 and the suction duct outlet 152 as both being behind the temperature adjustment device (evaporator 630) and behind the blower assembly 500. Clarification and correction are required but no new matter may be added.
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 suction duct inlet and outlet arrangement of claim 5, 6 and 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Figures 20-22 show the suction duct inlet 112 and the suction duct outlet 152 as both being behind the temperature adjustment device (evaporator 630) and behind the blower assembly 500. However, claims 5-7 claim different configurations of the suction duct inlet and outlet in relation to the temperature adjustment device and blower assembly which are not shown. Clarification and correction are required but no new matter may be added.
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 exhaust fan being disposed in the discharge duct of claim 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Figure 18 shows the exhaust fan at the entrance of the discharge duct, but not located inside the discharge duct. Clarification and correction are required but no new matter may be added.
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 outlet of the discharge duct being disposed between the heat dissipation fan and the condenser of claim 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings of the machine room show the heat dissipation fan and the condenser, see Applicant fig 6, but not the outlet of the discharge duct. Figure 18 shows the discharge duct 1802 and its outlet and the condenser 620, but not the heat dissipation fan. Clarification and correction are required but no new matter may be added.
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 abstract of the disclosure is objected to because the abstract is longer than 150 words. 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 Objections
Claim 10 is objected to because of the following informalities:
Claim 10 recites both “a suction duct defined to pass through the insulating material and configured to pass outdoor air therethrough such that an outside of the cabinet is in fluid communication with the cultivation space,” and “wherein the suction duct is configured to pass outdoor air into the cultivation space.” Both limitations discuss the suction duct passing outdoor air into the cultivation space and therefore are redundant, and only one such limitation is necessary.
Appropriate correction is 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 5-7 and 13 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 5 is rejected for lack of clarity in regards to the limitation “wherein the inlet of the suction duct is disposed behind the temperature adjustment device, and wherein the outlet of the suction duct is disposed in front of the temperature adjustment device.” As discussed above, this is not shown in the drawings – the drawings, specifically figures 20-22, show both the inlet (112) and outlet (152) of the suction duct being behind the temperature adjustment device (630). Therefore it is unclear what exactly Applicant is trying to claim. Clarification and correction are required but no new matter may be added.
Claim 6 is rejected for lack of clarity in regards to the limitation “wherein the outlet of the suction duct is disposed between the temperature adjustment device and the blower assembly, the suction duct being configured to pass the outdoor air to drive the blower assembly.” As discussed above, this is not shown in the drawings – the drawings, specifically figures 20-22, show both the inlet (112) and outlet (152) of the suction duct being behind the temperature adjustment device (630). Therefore it is unclear what exactly Applicant is trying to claim. Clarification and correction are required but no new matter may be added.
Claim 6 is also rejected for lack of clarity as it is dependent on claim 5, however, the suction duct outlet arrangement of claim 6 appears to be contradictory to that of claim 5. Clarification and correction are required but no new matter may be added.
Claim 7 is rejected for lack of clarity in regards to the limitation “wherein at least a portion of the outlet of the suction duct overlaps a portion of a space defined between the fan guide and the temperature adjustment device.” As discussed above, this is not shown in the drawings – the drawings, specifically figures 20-22, show both the inlet (112) and outlet (152) of the suction duct being behind the temperature adjustment device (630). The drawings do not appear to depict the relationship between the suction duct, the fan guide and the temperature adjustment device. Therefore it is unclear what exactly Applicant is trying to claim. Clarification and correction are required but no new matter may be added.
Claim 13 is rejected for lack of clarity in regards to the limitation “wherein an exhaust fan is further disposed in the discharge duct, and wherein the discharge duct is configured to, based on the exhaust fan operating, discharge the air in the cultivation space to the outside of the cabinet via the machine room.”. This claim appears to suggest that the fan of the discharge duct forces the air through the machine room and outside, however the drawings of the machine room itself include a heat dissipation fan that moves the air from the suction side to the discharge side. Figure 18 depicts the exhaust fan forcing air from the cultivation space down into the machine room, but does not show the details of the machine room or heat dissipation fan in that drawing. Clarification and correction are required but no new matter may be added.
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, 2, 8, and 10-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 33-34, 37-38, 40-46 and 48-52 of U.S. Patent No. 12342772 Although the claims at issue are not identical, they are not patentably distinct from each other for the following reasons:
Regarding claim 1, Patent 12342772 claims an apparatus for cultivating plants comprising:
a cabinet including: an outer case defining an outer appearance, an inner case defining a cultivation space (claim 33, lines 2-3), and an insulating material disposed in a space defined between the inner case and the outer case (claim 33, lines 3-4);
a door configured to open and close the cultivation space (claim 33, line 5);
a temperature adjustment device disposed in the cultivation space and configured to adjust a temperature of the cultivation space (claim 51);
a cultivation shelf disposed in the cultivation space and configured to accommodate plants for cultivation (claim 33, line 6); and
a suction duct disposed between the outer case and the inner case and passing through the insulating material (claim 33, lines 14-15);
wherein an inlet of the suction duct is coupled to an opening of the outer case, and an outlet of the suction duct is coupled to an opening of the inner case, the suction duct being configured to pass outdoor air therethrough into the inner case (claim 33, lines 15-17).
Regarding claim 2, Patent 12342772 claims the apparatus for cultivating plants of claim 1, wherein the opening of the outer case is defined at a rear surface of the cabinet (claim 33, line 16).
Regarding claim 8, Patent 12342772 claims the apparatus for cultivating plants of claim 1, wherein a filter is disposed at the opening of the inner case (claim 43).
Regarding claim 10, Patent 12342772 claims an apparatus for cultivating plants comprising:
a cabinet defining a cultivation space surrounded by an insulating material (claim 52, lines 2-5);
a door configured to open and close the cultivation space (claim 52, line 6);
a suction duct defined to pass through the insulating material and configured to pass outdoor air therethrough such that an outside of the cabinet is in fluid communication with the cultivation space (claim 52, lines 9-11 and claim 33, lines 16-17);
an evaporator disposed in the cultivation space and configured to adjust a temperature of the cultivation space (claim 51);
a machine room defining a space separate from the cultivation space and having a compressor, a condenser, and a heat dissipation fan therein (claim 33, lines 8-10 and claim 51); and
a discharge duct configured to communicate the cultivation space with the machine room (claim 50),
wherein the suction duct is configured to pass the outdoor air into the cultivation space (claim 33, lines 17-18), and
the discharge duct is configured to discharge the outdoor air in the cultivation space into the machine room (claim 33, lines 19-20).
Regarding claim 11, Patent 12342772 claims the apparatus for cultivating plants of claim 10, wherein an inlet of the suction duct is defined at a rear surface of the cabinet, the inlet of the suction duct configured to pass the outdoor air therethrough (claim 33, lines 14-18).
Regarding claim 12, Patent 12342772 claims the apparatus for cultivating plants of claim 10, wherein the machine room is disposed below the cultivation space (claim 33, lines 8-10), and wherein an inlet of the discharge duct is defined at a lower surface of the cultivation space (claim 45), and an outlet of the discharge duct is defined at an upper surface of the machine room (claim 52, lines 16-17).
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) 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder (US-20210105955-A1) in view of Kang (KR-20020086004-A) and Yoneda (US-6725598-B2).
Regarding claim 1, Schroeder discloses an apparatus for cultivating plants, comprising:
a cabinet (104, see fig 1) including: an outer case defining an outer appearance (outer shell 104), an inner case defining a cultivation space (interior of liner 120), and an insulating material (insulating liner 120);
a door (134) configured to open and close the cultivation space;
a temperature adjustment device, and configured to adjust a temperature of the cultivation space (heat exchanger 154, see para 0033-0033);
a cultivation shelf disposed in the cultivation space and configured to accommodate plants for cultivation (grow module 210 with planting holes, see figs 1-3); and
a suction duct (310 and inlet 304, see para 0062 and fig 9);
the suction duct being configured to pass outdoor air therethrough into the inner case (see para 0062 and fig 9).
Schroeder fails to explicitly disclose an insulating material disposed in a space defined between the inner case and the outer case; the temperature adjustment device being disposed in the cultivation space, a suction duct disposed between the outer case and the inner case and passing through the insulating material; wherein an inlet of the suction duct is coupled to an opening of the outer case, and an outlet of the suction duct is coupled to an opening of the inner case, the suction duct being configured to pass outdoor air therethrough into the inner case.
Yoneda teaches a temperature adjustment device disposed in the cultivation space and configured to adjust a temperature of the cultivation space (temperature generative device 57 in cultivation area, see figs 6-7).
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 temperature adjustment device to be in the cultivation area as taught by Yoneda with a reasonable expectation of success as this will allow for quicker and more efficient temperature adjustments, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Kang teaches an insulating material (101) disposed in a space defined between the inner case and the outer case (see fig 3); a suction duct (210) disposed between the outer case and the inner case and passing through the insulating material (see fig 3); wherein an inlet of the suction duct is coupled to an opening of the outer case (210, see fig 3), and an outlet of the suction duct is coupled to an opening of the inner case (210, see fig 3), the suction duct being configured to pass outdoor air therethrough into the inner case (see 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 suction duct to be passing through the insulated material between the inner and outer casing as taught by Kang with a reasonable expectation of success as this will ensure the cultivation space is properly insulated, and that incoming air from outside is adjusted to an adequate temperature as it passes through the duct.
Regarding claim 2, the modified reference teaches the apparatus for cultivating plants of claim 1.
The modified reference fails to teach wherein the opening of the outer case is defined at a rear surface of the cabinet.
Yoneda teaches wherein the opening of the outer case is defined at a rear surface of the cabinet (opening for temperature devices 57 at rear of cabinet, see figs 6-7).
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 opening of the outer case to be at the rear as taught by Yoneda with a reasonable expectation of success as this will ensure the duct does not interfere with use of the cultivation space or the doors, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Regarding claim 3, the modified reference teaches the apparatus for cultivating plants of claim 1, and Kang further teaches wherein the outlet of the suction duct is open in a direction intersecting the inlet of the suction duct (direction of inlet to 236 vs direction of outlet of 210, see fig 3).
Regarding claim 4, the modified reference teaches the apparatus for cultivating plants of claim 1, and Yoneda further teaches wherein the temperature adjustment device is disposed at a rear portion of the cultivation space (temperature generating device 57 at rear of cultivation area, see fig 6).
The modified reference teaches the claimed invention except wherein the suction duct passes through a side of the temperature adjustment device. 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 suction duct to pass through the side of the temperature adjustment device with a reasonable expectation of success as this will ensure that incoming air from outside is adjusted to an adequate temperature before reaching the plants to ensure they receive stable environmental conditions.
and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70 (see also drawing objection above).
Regarding claim 5, the modified reference teaches the apparatus for cultivating plants of claim 1, and Yoneda further teaches wherein the inlet of the suction duct is disposed behind the temperature adjustment device (inlet for suction duct at 61, which is behind 57, see fig 7).
The modified reference teaches the claimed invention except and wherein the outlet of the suction duct is disposed in front of the temperature adjustment device. 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 outlet to be in front of the temperature adjustment device with a reasonable expectation of success as this will ensure incoming air is circulated throughout the entirety of the grow space, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70 (see also drawing objection and 112(b) above).
Regarding claim 6, the modified reference teaches the apparatus for cultivating plants of claim 1.
The modified reference fails to teach wherein a blower assembly configured to circulate air in the cultivation space is disposed in front of the temperature adjustment device, and wherein the outlet of the suction duct is disposed between the temperature adjustment device and the blower assembly, the suction duct being configured to pass the outdoor air to drive the blower assembly.
Yoneda teaches wherein a blower assembly configured to circulate air in the cultivation space is disposed in front of the temperature adjustment device (fan 58 is frontward of 57, see figs 6-7).
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 temperature adjustment device with the blower of Yoneda with a reasonable expectation of success as this will ensure optimal temperature air is circulated throughout the growing space.
The modified reference teaches the claimed invention except and wherein the outlet of the suction duct is disposed between the temperature adjustment device and the blower assembly, the suction duct being configured to pass the outdoor air to drive the blower assembly. 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 outlet to be in between the temperature adjustment device and the blower with a reasonable expectation of success as this will ensure temperature adjusted air is circulated throughout the entirety of the grow space, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70 (see also drawing objection and 112(b) above).
Regarding claim 8, the modified reference teaches the apparatus for cultivating plants of claim 1, and Schroeder further discloses wherein a filter (320) is disposed at the opening of the inner case (314, see fig 9).
Claim(s) 7 rejected under 35 U.S.C. 103 as being unpatentable over Schroeder (US-20210105955-A1) in view of Kang (KR-20020086004-A) and Yoneda (US-6725598-B2) as applied to claim 6 above, and further in view of Gongben (WO-2018103651-A1).
Regarding claim 7, the modified reference teaches the apparatus for cultivating plants of claim 6.
The modified reference fails to teach the apparatus for cultivating plants of claim 6, wherein the blower assembly includes: a blower fan; and a fan guide accommodating the blower fan and configured to guide the air discharged from the blower fan, and wherein at least a portion of the outlet of the suction duct overlaps a portion of a space defined between the fan guide and the temperature adjustment device.
Gongben teaches a blower fan (37, see fig 3); and a fan guide accommodating the blower fan (cover 51 and guide 59, see fig 3) and configured to guide the air discharged from the blower fan (see 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 blower assembly with the fan and guide of Gongben with a reasonable expectation of success as this will prevent debris from clogging the fan, thereby ensuring efficient airflow.
The modified reference teaches the claimed invention except and wherein at least a portion of the outlet of the suction duct overlaps a portion of a space defined between the fan guide and the temperature adjustment device. 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 outlet to overlap the fan guide and temperature adjustment device with a reasonable expectation of success as this will ensure temperature adjusted air is circulated throughout the entirety of the grow space, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70 (see also drawing objection and 112(b) above).
Claim(s) 9 rejected under 35 U.S.C. 103 as being unpatentable over Schroeder (US-20210105955-A1) in view of Kang (KR-20020086004-A) and Yoneda (US-6725598-B2) as applied to claim 8 above, and further in view of Wu (US-7364602-B2).
Regarding claim 9, the modified reference teaches the apparatus for cultivating plants of claim 8.
The modified reference fails to teach wherein a filter guide configured to guide a detachment of the filter is defined in the inner case, and wherein the filter guide is configured to accommodate the filter from the inside of the cultivation space.
Wu teaches wherein a filter guide (200) configured to guide a detachment of the filter (170) is defined in the inner case (see fig 25), and wherein the filter guide is configured to accommodate the filter from the inside of the cultivation space (filter guide 200 for filter element 170, see fig 25 and col 16, lines 39-45).
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 system with the filter guide of Wu with a reasonable expectation of success as this will allow for ease of removing and changing the filter, which will ensure the plants have clean air optimal for growth.
Claim(s) 10-12 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder (US-20210105955-A1) in view of Kang (KR-20020086004-A), Yoneda (US-6725598-B2), as and Sugimoto (US 8161762 B2).
Regarding claim 10, Schroeder discloses an apparatus for cultivating plants comprising:
a cabinet (104, see fig 1) defining a cultivation space (122) surrounded by an insulating material (liner 120, see para 0026);
a door (134) configured to open and close the cultivation space;
a suction duct (310) configured to pass outdoor air therethrough such that an outside of the cabinet is in fluid communication with the cultivation space (310 and inlet 304, see para 0062, and fig 9);
an evaporator (154) configured to adjust a temperature of the cultivation space (see para 0032-0033);
a machine room (sealed system 150) defining a space separate from the cultivation space and having a compressor (152), a condenser (156), and a heat dissipation fan therein (fan, see para 0034); and
a discharge duct (342, see fig 9 and para 0069);
wherein the suction duct is configured to pass the outdoor air into the cultivation space (see fig 9 and para 0062),
the discharge duct is configured to discharge the outdoor air in the cultivation space (342, see fig 9 and para 0069).
Schroeder fails to explicitly disclose a suction duct defined to pass through the insulating material; an evaporator disposed in the cultivation space, a discharge duct configured to communicate the cultivation space with the machine room, the discharge duct is configured to discharge the outdoor air in the cultivation space into the machine room.
Kang teaches a suction duct (210) defined to pass through the insulating material (101, see fig 3) and configured to pass outdoor air therethrough such that an outside of the cabinet is in fluid communication with the cultivation space (see 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 suction duct to be passing through the insulated material as taught by Kang with a reasonable expectation of success as this will ensure the cultivation space is properly insulated, and that incoming air from outside is of an adequate temperature as it passes through the duct.
Yoneda teaches an evaporator disposed in the cultivation space and configured to adjust a temperature of the cultivation space (temperature generative device 57 in cultivation area, see figs 6-7).
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 evaporator to be in the cultivation area as taught by Yoneda with a reasonable expectation of success as this will allow for quicker and more efficient temperature adjustments, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Sugimoto teaches a discharge duct (157) configured to communicate the cultivation space (101) with the machine room (140), the discharge duct is configured to discharge the outdoor air in the cultivation space into the machine room (see fig 1, air flow from cultivation space 101, through duct 157 to machine room 140).
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 system with the discharge duct of Sugimoto with a reasonable expectation of success as this will ensure air that has been sufficiently circulated is discharged efficiently.
Regarding claim 11, the modified reference teaches the apparatus for cultivating plants of claim 10, and Schroeder further discloses the inlet of the suction duct configured to pass the outdoor air therethrough (see fig 9 and para 0062).
The modified reference teaches the claimed invention except and wherein an inlet of the suction duct is defined at a rear surface of the cabinet. 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 inlet of the suction duct to be at the rear with a reasonable expectation of success as this will ensure the duct does not interfere with use of the cultivation space or the doors, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Regarding claim 12, the modified reference teaches the apparatus for cultivating plants of claim 10, and Schroeder further discloses wherein the machine room is disposed below the cultivation space (150 below cultivation space, see fig 3).
Sugimoto further teaches wherein an inlet of the discharge duct is defined at a lower surface of the cultivation space (see annotated fig 1 below), and an outlet of the discharge duct is defined at an upper surface of the machine room (see annotated fig 1 below).
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Annotated fig 1
Regarding claim 14, the modified reference teaches the apparatus for cultivating plants of claim 10.
The modified reference fails to teach wherein the machine room further includes a barrier dividing the inside of the machine room into a suction-side space and a discharge-side space, wherein the condenser is disposed in the suction-side space and the compressor is disposed in the discharge-side space, and wherein an outlet of the discharge duct is in fluid communication with the suction-side space.
Sugimoto teaches wherein the machine room further includes a barrier (partition 154, see fig 1) dividing the inside of the machine room into a suction-side space (right of barrier 154) and a discharge-side space (left of barrier 154), wherein the condenser (143) is disposed in the suction-side space (see fig 1) and the compressor (141) is disposed in the discharge-side space (see fig 1), and wherein an outlet of (157) the discharge duct is in fluid communication with the suction-side space (see 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 machine room with the partition and suction and discharge sides of Sugimoto with a reasonable expectation of success as this will ensure that stale air from the cultivation space is properly circulated to the machine room to be discharged, such that plants have an adequate supply of fresh air to aid photosynthesis.
Regarding claim 15, the modified reference teaches the claimed invention except wherein the outlet of the discharge duct is open and disposed between the heat dissipation fan and the condenser. 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 outlet of the discharge duct to be between the fan and the condenser with a reasonable expectation of success as this will ensure the air from the cultivation space is properly circulated throughout the machine room, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70 (see also drawing objection above).
Regarding claim 16, the modified reference teaches the apparatus for cultivating plants of claim 15, and Sugimoto further teaches wherein the heat dissipation fan (142) is disposed at the barrier (154) and configured to, based on the heat dissipation fan being driven, pass the outdoor air into the suction-side space and then discharge to the outside of the cabinet through the discharge-side space (air flow from 157 through fan and compressor to outside 161, see fig 1).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Schroeder (US-20210105955-A1) in view of Kang (KR-20020086004-A), Yoneda (US-6725598-B2), and Sugimoto (US 8161762 B2) as applied to claim 10 above, and further in view Lee (KR-101917033-B1).
Regarding claim 13, the modified reference teaches the apparatus for cultivating plants of claim 10.
The modified reference fails to teach wherein an exhaust fan is further disposed in the discharge duct, and wherein the discharge duct is configured to, based on the exhaust fan operating, discharge the air in the cultivation space to the outside of the cabinet via the machine room.
Lee teaches wherein an exhaust fan (125) is further disposed in the discharge duct (121), and wherein the discharge duct is configured to, based on the exhaust fan operating, discharge the air in the cultivation space to the outside of the cabinet via the machine room (see figs 11a-b and page 5, see also drawing objection and 112(b) rejection above).
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 system with the exhaust fan in the discharge duct as taught by Lee with a reasonable expectation of success as this will ensure stale or used air is transferred from the cultivation space to the machine room to be discharged to the outside such that the cultivation space maintains fresh air and adequate circulation to optimize the plant’s photosynthesis.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Schroeder (US-20210105955-A1) in view of Kang (KR-20020086004-A), Yoneda (US-6725598-B2), and Sugimoto (US 8161762 B2) as applied to claim 10 above, and further in view Massey (US 11937564 B2).
Regarding claim 17, the modified reference teaches the apparatus for cultivating plants of claim 10, and Schroeder further discloses wherein a seal is provided with the door (sealing elements 224, see para 0045), based on the door being closed, to provide an airtight seal between the cabinet and the door (sealing elements 224, see para 0045).
The modified reference fails to explicitly teach wherein a gasket in contact with the cabinet is disposed at a rear surface of the door, the gasket being configured, based on the door being closed, to provide an airtight seal between the cabinet and the door.
Massey teaches wherein a gasket (29) in contact with the cabinet is disposed at a rear surface of the door (19), the gasket being configured, based on the door being closed, to provide an airtight seal between the cabinet and the door (see col 4, lines 10-16).
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 seal to be a gasket as taught by Massey with a reasonable expectation of success as this will provide a strong airtight seal, to ensure the cultivation environment is optimized to the plants needs and isolated from the ambient environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The art noted in the References Cited document is relevant as it pertains to similar systems for plant cultivation. Specifically, Cho discusses an evaporator within the cultivation space.
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/K.A.K./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642