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
Applicant’s claim for the benefit of a prior-filed US Provisional application no. 63/526,286 filed July 12th, 2023, and as a CON of PCT/US24/37605 filed July 11th, 2024, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Thus, the earliest possible priority for the instant application is July 12th, 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 15th, 2025, was considered, initialed, and attached hereto. A signed copy of the list of references cited is included with this Office Action.
Status of Claims
Claims 1-20 filed December 15th, 2025, are pending and examined herein.
Claim Objections
Claim 11 is objected to because of the following informalities: Claim 11 recites “[t]he plurality of liquid tanks each comprise a nutrient or a solution comprising microbiota…” It appears Applicant intended for this to recite “[t]he plurality of liquid tanks each comprise a nutrient solution or a solution comprising microbiota…” Appropriate correction is required.
Claim Interpretation
The term “replication capsule” as recited in claim 1 is taken to mean any container for plant replication, such as a plant pot.
The term “coupled” as recited in claim 1 is taken to mean two or more distinct components, parts, or rotating shafts are physically linked or interacting together so that the operation, motion, or power of one directly affects the other. Thus, parts of the apparatus that are “coupled” are taken to be interacting and affecting one another.
Claim Rejections - 35 USC § 112(b)
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.
Claim 9 is 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 9 recites the limitation "the second liquid mixture" in line 2. There is insufficient antecedent basis for this limitation in the claim or in preceding independent claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 11-14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Singer, R. U.S. Patent Application Publication No. US 20220087120 A1. “Systems And Methods for Plant Growing Environment.” Published 03/24/2022 (See, IDS filed 12/15/2025), in view of Hiroshi, et al. Japan Patent Application no. JP 2018/174730 A. “Plant Hydroponic Apparatus, Plant Hydroponic System, and Cultivation Method.” Published 2018 (See, IDS filed 12/15/2025).
Claim 1 recites a plant tissue culture apparatus comprising: a replication capsule comprising a capsule body, liquid inlets, gas inlets, a gas outlet, and a liquid outlet, wherein an internal volume defined by the capsule body is configured to contain a plurality of plantlets; a light source configured to illuminate the plurality of plantlets in the replication capsule; a first gas tank coupled to the gas inlet and configured to contain a first gas; a first liquid tank coupled to the liquid inlet, the first liquid tank configured to contain a first liquid mixture; a nanobubble generator positioned between the first liquid tank and the liquid inlet; a second gas tank configured to contain a second gas, wherein the second gas tank is coupled to the nanobubble generator, wherein the nanobubble generator is configured to generate bubbles comprising the second gas in the first liquid mixture; a liquid valve between the first liquid tank and the liquid inlet; a first gas valve between the first gas tank and the gas inlet; a second gas valve between the second gas tank and the nanobubble generator; and a processor coupled to the liquid valve, the first gas valve, the second gas valve, and the light source, wherein the processor is configured to control the liquid valve, the first gas valve, the second gas valve, and the light source based on predetermined parameters or in response to information from a sensor.
Claim 2 recites the plant tissue culture apparatus of claim 1, wherein the first liquid mixture comprises nutrients, and wherein the bubbles generated by the nanobubble generator comprise air with excess oxygen.
Claim 3 recites the plant tissue culture apparatus of claim 1, wherein the first gas comprises carbon dioxide, and wherein the second gas comprises oxygen.
Claim 4 recites the plant tissue culture apparatus of claim 1, further comprising a fan or air compressor coupled to a gas mixer, wherein the first gas tank is coupled to the gas mixer, and wherein the gas mixer is coupled to the gas inlet.
Claim 5 recites the plant tissue culture apparatus of claim 1, further comprising a liquid pump positioned between the first liquid tank and the liquid inlet.
Claim 6 recites the plant tissue culture apparatus of claim 1, wherein the first liquid tank and the liquid inlet are configured such that the first liquid mixture can be introduced into the replication capsule through the liquid inlet using a force of gravity.
Claim 7 recites the plant tissue culture apparatus of claim 1, further comprising a water source configured to provide filtered water, and a mixing tank, wherein: the water source is coupled to the mixing tank, the first liquid tank is coupled to the mixing tank, the mixing tank is configured to dilute the first liquid mixture with the filtered water from the water source, and the nanobubble generator is positioned between the mixing tank and the liquid inlet.
Claim 8 recites the plant tissue culture apparatus of claim 1, further comprising a second liquid tank coupled to the liquid inlet, wherein: the second liquid tank is configured to contain a second liquid mixture, the nanobubble generator is further positioned between the second liquid tank and the liquid inlet, and the nanobubble generator is additionally configured to generate bubbles of the second gas in the second liquid mixture.
Claim 11 recites the plant tissue culture apparatus of claim 1, further comprising: a mixing tank coupled to the liquid inlet; a water source that is configured to provide filtered water coupled to the mixing tank; and a plurality of liquid tanks coupled to the mixing tank, wherein the first liquid tank is one of a plurality of liquid tanks, wherein the plurality of liquid tanks each comprise a nutrient or a solution comprising microbiota; wherein the nanobubble generator is further positioned between the mixing tank and the liquid inlet, and wherein the nanobubble generator is configured to generate bubbles of the second gas in liquid from the mixing tank.
Claim 12 recites the plant tissue culture apparatus of claim 1, wherein the processor is further configured to control one or more of an intensity of the light source, a spectrum of the light source, or a photoperiod of the light source.
Claim 13 recites the plant tissue culture apparatus of claim 1, wherein the replication capsule further comprises a membrane positioned between the gas inlet and the plurality of plantlets, and between the liquid inlet and the plurality of plantlets.
Claim 14 recites the plant tissue culture apparatus of claim 1, further comprising the sensor, wherein the processor is configured to control the liquid valve, the first gas valve, the second gas valve, and the light source based on information from the sensor, and wherein the sensor is one of: a temperature sensor configured to detect a temperature in the replication capsule.
Claim 16 recites the plant tissue culture apparatus of claim 1, further comprising a waste tank coupled to the liquid outlet, wherein the waste tank is not coupled to the liquid inlet using a recirculation system.
Claim 17 recites the plant tissue culture apparatus of claim 1, further comprising a sanitation tank coupled to the liquid outlet and a recirculation line coupling the sanitation tank to the liquid inlet, wherein the sanitation tank comprises a UV light.
Claim 18 recites the plant tissue culture apparatus of claim 1, further comprising a plurality of replication capsules, wherein the plurality of replication capsules is coupled to the first gas tank and to the first liquid tank in a parallel configuration, in a series configuration, or in a combination parallel and series configuration.
Regarding claim 1, Singer teaches a system for growing plants including a water circulation system connecting a plurality of deep-water culture tanks, a nanobubble generator, and a water cooling and disinfecting apparatus [Abstract]. Singer discloses a growing environment module (i.e., a plant tissue culture apparatus) [Fig. 1A; ¶36] comprising:
a tank holding plants suspended in water containing nutrients for plants with containers or cubes for the plants (i.e., a replication capsule comprising a capsule body, wherein an internal volume defined by the capsule body is configured to contain a plurality of plants) [¶42];
a grow light support system (i.e., a light source configured to illuminate the plurality of plantlets in the replication capsule) [claim 5];
a carbon dioxide injection system (i.e., a first gas) [claim 6]; the injection system having one or more injection nozzles allowing for dosing and one or more automatic valves for precise control (i.e., coupled to the gas inlet and configured to contain a first gas; a first gas valve between the first gas tank and the gas inlet; a processor coupled to the first gas valve configured to control the second gas valve) [¶72];
a water holding tank (i.e., a first liquid tank) [Fig. 6, 166], a fresh water inlet and a drain outlet (i.e., liquid inlets and a liquid outlet) [¶48; Fig. 4], a static mixer to blend and mix the water/nutrient solution (i.e., a liquid tank configured to contain a first liquid mixture) [¶48];
a nanobubble dissolved oxygen module which allows oxygen (or any other desired gas, such as ozone, nitrogen, or carbon dioxide) to be introduced to the water as nanobubble and released through the liquid outlet (i.e., a nanobubble generator positioned between the first liquid tank and the liquid inlet; a second gas tank (oxygen supply) coupled to the nanobubble generator, wherein the nanobubble generator is configured to generate bubbles comprising the second gas in the first liquid mixture) [¶60];
a second gas valve between the second gas tank and the nanobubble generator [Fig. 2, V6; see Fig. 2 below];
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one or more fill and drain valves and a sensor for monitoring the water and providing a notification to the control system (i.e., a liquid valve between the first liquid tank and the liquid inlet; a processor connected to the liquid valved, wherein the processor is configured to control the liquid valve) [¶43; Fig. 2, 35a and 35b];
a climate control system including one or more light sensors that monitor light intensity levels (i.e., the light source is based in response to information from a sensor) [¶69].
Singer teaches that the climate control system (i.e., processor) wherein the climate and hydroponic variables may be viewed, monitored, and controlled by a device electrically connected to the control system via a network [¶40]. The system includes a plurality of sensors or sensor bank to monitor various hydroponic variables [¶46].
Singer does not explicitly teach a first liquid tank or the tanks containing the first and second gases. However, Hiroshi teaches a plant apparatus that can provide more uniform absorption of liquid and absorption of gas evaporated from liquid by a plant. Hiroshi teaches a first and a second gas-liquid mixed with a first and a second gas [Abstract].
Hiroshi teaches a storage container for storing liquid (i.e., a first liquid tank) and teaches that the reservoir of stored liquid may be discharged by any mechanism, such as an opening or a pump (i.e., a valve) [¶29-30]. Hiroshi teaches that the first liquid may be a gas-liquid mixed with a gas, for example oxygen to aid in respiration for a plant [¶33]. Hiroshi teaches that the system includes an oxygen concentration meter and that the oxygen in the water may be adjusted to the desired oxygen concentration (i.e., wherein the processor coupled to the liquid valve is configured to control the liquid valve) [¶35].
Hiroshi additionally teaches elements previously taught by Singer, such as a gas, typically oxygen, coupled to the nanobubble generator [¶37-38], valves (ports) between the tanks [¶38], and a processor coupled to the valves wherein the processor is configured to control the mechanism [¶64; ¶72; 122]. Hiroshi teaches that carbon dioxide is another gas of the invention [¶42]. Given that Singer and Hiroshi teach all of the limitations of the claimed invention, It would have been prima facie obvious to one of ordinary skill in the art at the time of filing to create an apparatus for plant growth utilizing capsules configured to contain a plurality of plants equipped with a light source, a gas tank configured to contain CO2 and to go through an inlet controlled by a valve and a controlling processor, a liquid tank that is capable of mixing water with a nutrient solution that can be added to the capsules and controlled by a valve with a controlling processor, a second gas coupled to a nanobubble generator to add oxygen to the liquid mixture, a controlled valve for the second gas to enter the nanobubble generator, and a controlled system to sense the hydroponic elements and alter the system with the opening and closing of the valves.
One would be motivated to create such as system because Singer teaches that by using nanobubbles to oxygenate water, nutrient uptake of the plants is increased and nutrient waste is reduced, UV disinfection of the water is increased, the size and mass of plants is increased, the system may be configured as a smart room with a plurality of individually-controlled zones, and the system may be configured as a module, thereby allowing a plurality of self-contained and individually-controlled modules to be housed in a single building or container [¶17-22]. One would have reasonable expectation of success as the guidelines for such a system are clearly laid out. Modifications such as valve placement and processor elements would merely be routine optimization.
Although Singer and Hiroshi do not explicitly recite that the oxygen and CO2 of the apparatus are from a tank, it can be assumed that these gases are supplied from external tanks due to the nature of the gases. As the prior art contains all the limitations of the claim and the preamble does not limit the structure of the claimed invention. In the instant case, the intended use for plant tissue culture is not significant to the structure.
Regarding claim 2, Singer teaches that nutrients may be added for the plants to the water before or after said oxygenating (i.e., wherein the first liquid mixture comprises nutrients) [¶12]. Dissolved oxygen is introduced into the system by nanobubbles (i.e., wherein the bubbles generated by the nanobubble generator comprise air with excess oxygen) [¶60]. The oxygen nanobubbles attach to the roots of the plants in the tanks, thereby increasing the uptake of nutrients in the water and reducing nutrient waste [¶61].
Regarding claim 3, Singer teaches a CO2 injection system [¶72] and a nanobubble generator system for the introduction of oxygen [¶60] (i.e., wherein the first gas comprises carbon dioxide and wherein the second gas comprises oxygen).
Regarding claim 4, Singer teaches that air and CO2 are purged from the growing environment/room by fans [¶73] and that the HVAC system located outside of the growing environment introduces new air [claim 8] into the environment with the CO2 (first gas) (i.e., a fan or air compressor coupled to a gas mixer). Based on the interpretation of “coupled” these would still function together and thus all elements are coupled. The “gas mixer” or the environment with the mixed air controlled by the fans reads on the fans and HVAC system as it achieves the same goal of mixing the first gas, CO2 with air, which is interpreted as mixing gas.
Regarding claim 5, Singer teaches at least one pump for water circulation (i.e., a liquid pump positioned between the first liquid tank and the liquid inlet) [¶46; 48]. Hiroshi teaches water supply pump with the oxygen-containing water [¶70].
Regarding claim 6, Hiroshi teaches that the storage container (i.e., tank) comprises a first opening portion at a position higher than the second opening position [¶21]. This level difference indicates that the first liquid tank and the liquid inlet at configured such that the liquid may be introduced by gravity (i.e., wherein the first liquid tank and the liquid inlet are configured such that the first liquid mixture can be introduced into the replication capsule through the liquid inlet using a force of gravity).
Regarding claim 7, Singer teaches that the water in the water irrigation may be collected (i.e., water source) and filtered (i.e., and configured to provide filtered water) [¶49]. Singer teaches a return to water and irrigation circulation system [Fig. 4, 30], coupled to the static mixer [Fig. 4, 75], the fresh water inlet coupled to the static mixer [Fig. 4, 95], and the nanobubble generator [Fig. 4, 65]. The static mixer blends and mixes the water/nutrient solutions (i.e., the mixing tank is configured to dilute the first liquid mixture with the filtered water from the water source) [¶46]. Singer does not explicitly teach that the nanobubble generator is positioned between the mixing tank and the liquid inlet. It would have been prima facie obvious to one of ordinary skill in the art at the time of filing to modify the arrangement of the nanobubble generator in relation to the static mixer and liquid inlet and would not require inventive effort. The motivation for doing so would have been adding nanobubbles to the mixed liquid to allow for dissolved oxygen to enter the mixture before entering the capsule body for feeding the plants. The arrangement of the liquid tank, mixing tank, and nanobubble generator would be routine optimization to one of skill in the art, absent evidence to the contrary.
Regarding claim 8, Singer teaches a plurality of deep-water culture tanks in series or in parallel connected to the fresh water inlet (i.e., a second liquid tank coupled to the liquid inlet) [¶3-4]. The nanobubble generator is positioned between the inlet and the deep-water culture tanks to allow for circulation (i.e., the second liquid tank is configured to contain a second liquid mixture) [claims 1-2]. The nanobubble generator is configured to generate bubbles of dissolved oxygen that pass through the system to the series of tanks (i.e., the nanobubble generator is positioned between the second liquid tank and the liquid inlet; the nanobubble generator is additionally configured to generate bubbles of the second gas in the second liquid mixture).
Regarding claim 11, Singer teaches a plurality of deep-water culture tanks (i.e., a plurality of liquid tanks) coupled to a liquid tank wherein nutrients may be mixed (i.e., a mixing tank) coupled to a fresh water inlet (i.e., a mixing tank coupled to the liquid inlet), coupled to a nanobubble generator (i.e., wherein the nanobubble generator is further positioned between the mixing tank and the liquid inlet and is configured to generate bubbles of the second gas in liquid from the mixing tank). As the deep-water culture tanks would hold the first liquid, they are taken to read on the first liquid tank configured to contain a first liquid mixture. As Singer teaches that the nutrients may be added before or after oxygenating, the plurality of tanks may each comprise a nutrient.
Regarding claim 12, Singer teaches that the grow light support system comprises a support frame that supports or houses a plurality of lights as shown in FIG. 7. The support frame includes one or more light sensors that monitor light intensity levels and duration of light [¶69]. The climate control system (i.e., the processor) controls the grow light support system (i.e., wherein the processor is further configured to control the intensity of the light source) [¶65].
Regarding claim 13, Singer teaches a plurality of plant pots for the plantlets [¶47]. As the type of membrane is not specified and the plant pots are positioned between the gas inlet and the plantlets and the liquid inlet and the plantlets, this is taken to read on the replication capsule further comprising a membrane.
Regarding claim 14, as detailed above, Singer and Hiroshi both teach valves for the tanks of the invention. Singer teaches that the valves are installed on the tanks [¶43, 45, 72] and that the system as a whole, including the lights, is controlled by the climate control system [¶39] (i.e., further comprising the sensor, wherein the processor is configured to control the liquid valve, the first gas valve, the second gas valve, and the light). The control system is electrically connected to various sensors [¶39] including at least one of a temperature sensor or humidity sensor in the climate or water of the system [¶7; ¶38] (i.e., wherein the sensor is a temperature sensor configured to detect a temperature in the replication capsule).
Regarding claim 16, Singer teaches that the hydroponic control system is equipped with a drain outlet [¶48] and Hiroshi teaches a discharge hole for discharging the first liquid to an outer container (i.e., a waste tank) [¶50]. Hiroshi teaches that the liquid may be discharged to outside of the plant hydroponic culture system and not recirculated (i.e., wherein the waste tank is not coupled to the liquid inlet of the recirculation system) [¶53]. Even though Singer and Hiroshi do not specify a “waste tank” the collection of the waste from the recited drains/discharges would be routine optimization, absent evidence to the contrary.
Regarding claim 17, Singer teaches a water disinfecting apparatus, which is taken to read on “tank” given the provided image [Fig. 5, 60] (i.e., a sanitation tank coupled to the liquid outlet). The disinfecting apparatus includes at least one UV light or bulb that apply ultraviolet light to the water (i.e., wherein the sanitation tank comprises a UV light) [¶54]. The water is then circulated through the system and can be recirculated through the return to water irrigation and circulation system [¶53; ¶48]. Modifying the apparatus for the placement of the tanks among the inlets and outlets would be routine optimization based on the system. The resulting outcome of Singers invention provides recirculation through the disinfection module which may be accomplished in a different orientation. It would have been prima facie obvious to one of ordinary skill in the art at the time of filing that similar functionality would occur with a similar orientation, such as the one claimed, absent evidence to the contrary.
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Regarding claim 18, Singer teaches that plurality of deep-water culture tanks (i.e., replication capsules) are arranged in series and/or parallel and is coupled to the water circulation system and the nanobubble generator (coupled to a gas tank) (i.e., further comprising a plurality of replication capsules, where in the plurality of replication capsules is coupled to the first gas tank and the first liquid tank in parallel configuration) [Abstract].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Singer and Hiroshi as applied to claim 1 above, and further in view of Kovnerchuk, A. et al. Document ID No: WO 2019203695 A1. “Device for Cultivating Plants.” Published 10/24/2019 (See IDS filed 12/15/2025; English translation provided).
Claim 9 recites the plant tissue culture apparatus of claim 1, wherein the first liquid mixture comprises nutrients, wherein the second liquid mixture comprises microbiota, wherein the first gas comprises air with excess carbon dioxide, and wherein the second gas comprises air with excess oxygen.
Regarding claim 9, Singer and Hiroshi render obvious the claimed plant tissue culture apparatus, as detailed above. Singer additionally teaches wherein the first liquid mixture comprises nutrients, wherein the first gas comprises air with excess carbon dioxide, and wherein the second gas comprises air with excess oxygen (See, rejection to claims 2 and 3 above). Singer and Hiroshi do not explicitly teach the introduction of microbiota.
However, Kovnerchuk teaches a means for introducing microorganisms into hydroponic and aeroponic automated cultivation [Abstract; pg. 2, ¶5]. The means of introducing microorganisms provides the possibility of the content and further growth and development of microorganisms necessary at each stage of growth and development of the plant and their introduction to plants [pg. 3, ¶2].
Kovnerchuk teaches that the microorganism introducer may be one or several open or closed containers and that a metering unit allows the introduction of a certain volume of microorganisms [claim 8]. Kovnerchuk teaches that the module with the microorganism containers includes an injection device [pg. 5, ¶11]. As microbiota is conventionally available in liquid form for hydroponic use1, it would have been prima facie obvious to one of ordinary skill in the art at the time of filing to have a second liquid mixture comprising microbiota in the system taught by Singer and Hiroshi (i.e., wherein the second liquid mixture comprises microbiota). One would have been motivated to add microorganisms to the system as Kovnerchuk teaches balanced plant growth and development with the addition of microorganisms [Abstract]. One would have reasonable expectation of success given the methodology known in the art and the available microbial liquid solutions also present in the art at the time of filing.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Singer and Hiroshi as applied to claim 1 above, and further in view of Yazawa, Y. et al. Document ID No: WO 2015059752 A1. “Plant Cultivation System.” Published 04/30/2015 (English translation provided).
Claim 15 recites the plant tissue culture apparatus of claim 1, wherein the sensor is a microbial activity sensor configured to measure microbial activity in the replication capsule, and wherein the processor is configured to control the liquid valve, the first gas valve, the second gas valve, or the light source based on information from the microbial activity sensor.
Regarding claim 15, Singer and Hiroshi render obvious the claimed plant tissue culture
apparatus, as detailed above. Yazawa teaches a plant cultivation system that effectively eliminates microbes. Yazawa teaches the system has sterilization light sources for inhibiting the activity of pathogenic microbes present in the culture solution [Abstract]. Yazawa teaches that a culture tank environment (temperature, humidity etc.) that is measured by an environment sensor. The microorganism sensor measures the microorganisms in the culture system and the control system alters the other environmental factors by driving a sterilization light source when the microorganisms exceed a certain number (i.e., wherein the sensor is a microbial activity sensor configured to measure microbial activity, wherein the processor is configured to control the light source based on information from the microbial activity sensor) [Fig. 7; pg. 4, ¶6].
It would have been prima facie obvious to one of ordinary skill in the art at the time of filing to add the microbial activity sensor of Yazawa to the cultivation apparatus of Singer and Hiroshi to monitor the microbial activity in the replication capsule. As taught by Yazawa, the sensor activates a light source when the microorganisms exceed a certain number. One would be motivated to incorporate this limitation into the invention to reduce pathogenic microorganisms in the system and thus enable further plant growth. As the sensor could be connected to a larger control system, one would have reasonable expectation of success in connecting such a sensor to the climate control system as taught by Singer.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Singer and Hiroshi as applied to claim 1 above, and further in view of Bradford, K. et al. Document ID No: WO 2019191048 A1. “Growing System and Method.” Published 03/10/2019.
Claim 10 recites the plant tissue culture apparatus of claim 1, further comprising a third liquid tank coupled to the liquid inlet, wherein the third liquid tank is configured to contain a third liquid mixture, wherein: the nanobubble generator is further positioned between the third liquid tank and the liquid inlet, the nanobubble generator is configured to generate bubbles of the second gas in the third liquid mixture, and the third liquid mixture comprises a cleansing agent.
Regarding claim 10, Singer and Hiroshi render obvious the claimed plant tissue culture apparatus, as detailed above. Although Singer teaches a disinfecting apparatus, Singer and Hiroshi do not explicitly teach that the apparatus further comprises a third tank coupled to the liquid inlet configured to contain a cleansing agent. However, Bradford teaches a crop growing system that can be configured for aeroponics, hydroponics, or related techniques [pg. 1, lns. 10-14]. Bradford teaches an efficient cleaning in place (CIP) system [pg. 40, lns. 1-8], a system used frequently with hydroponic apparatuses. Bradford teaches a tank holding a supply of cleaning solution [Fig. 15-16, 108] and teaches that the system can be readily configured [pg. 40, lns. 1-8].
Although Bradford does not teach that the cleaning tank is connected to a nanobubble generator, it would have been prima facie obvious to one of ordinary skill in the art at the time of filing to modify the invention to couple the liquid tank to the liquid inlet of Singer and the nanobubble generator to pass through the cleansing agent and clean the system. The nanobubble generator would remain configured to generate bubbles of the second gas while the third liquid mixture was passing through. One would have reasonable expectation of success as the cleaning tank and cleaning agent were known to the art at the time of filing. Additionally, Singer teaches a plurality of tanks and it would be routine to optimize the cleaning process of the system. One would be motivated to use it to maintain the cleanliness of the system.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Singer and Hiroshi as applied to claim 1 above, and further in view of Lloyd-Jones, J. et al. Document ID No: CN 112512303 A. “Water Culture Planting System And Method.” Published 03/16/2021.
Claim 19 recites the plant tissue culture apparatus of claim 1, wherein the replication capsule further comprises an antimicrobial coating.
Regarding claim 19, Singer and Hiroshi render obvious the claimed plant tissue culture apparatus, as detailed above. Although Singer and Hiroshi teach Singer and Hiroshi do not explicitly teach the apparatus wherein the replication capsule further comprises an antimicrobial coating, this is a feature well known to hydroponics in the art.
For example, Lloyd-James teaches an apparatus for a hydroponic growing system [Abstract]. Lloyd-James teaches the necessity for a planting system to avoid microbial contamination and teaches features to reduce the risks of contamination [pg. 8, ¶8]. This includes an antimicrobial coating on the device when creating the system [claim 24]. It would have been prima facie obvious to one of ordinary skill in the art at the time of filing to include an antimicrobial coating on the replication capsules of the modified invention of Singer and Hiroshi as this is a known technique in the art. One would be motivated to reduce potential contamination in the system and one would expect success as the methodology would be routine.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Singer and Hiroshi as applied to claim 1 above, and further in view of MCQ digital gas mixers. Harvard Apparatus, publicly available in 2021.
Claim 20 recites the plant tissue culture apparatus of claim 1, further comprising a gas mixer, wherein the first gas tank and the second gas tank are coupled to the gas mixer, and wherein the gas mixer is coupled to the gas inlet and to the nanobubble generator.
Regarding claim 20, although Singer teaches that the nanobubble generator allows oxygen or any other desired gas, such as ozone, nitrogen, or carbon dioxide to be introduced into the water as nanobubbles, Singer does not teach that the apparatus comprises a gas mixer coupled to the gas inlet and the nanobubble generator. However, gas mixers are known in the art. For example, Harvard Apparatus produces gas mixer such as the MCQ digital gas mixer which can be calibrated for environmental chambers depending on the model selected [pg. 1]. Harvard Apparatus teaches that pre-mixed gas cylinders are notoriously expensive and limiting [pg. 1]. It would have been prima facie obvious to one of ordinary skill in the art at the time of filing to use a gas mixer to mix gas to be incorporated into the system as taught by Singer and Hiroshi. Harvard Apparatus teaches that each mixer is supplied with input and output tubing.
Given that Singer teaches that any other desired gas, such as ozone, nitrogen, or carbon dioxide can be introduced to the nanobubble generator; Hiroshi teaches that the first gas liquid may be oxygen and/or ozone water [¶42]; and given that Harvard Apparatus provided gas mixers for environmental chambers prior to the time of filing, it would have been prima facie obvious to one of ordinary skill in the art at the time of filing to have a gas mixer attached to the gas tanks of two gases (oxygen and ozone, for example), wherein the gas mixer is coupled to the gas inlet and to the nanobubble generator. One would be motivated to do so as both Singer and Hiroshi teach the advantages of having multiple gases in the culture system and Harvard Apparatus teaches it is a more cost-effective method of mixing gas over buying a mixed gas tank. One would have reasonable expectation of success given that the gas mixer is previously used in many different biological applications.
Conclusion
No claims allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY K. JOHNSON whose telephone number is (571)272-5761. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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/EMILY K JOHNSON/Examiner, Art Unit 1662
/BRATISLAV STANKOVIC/Supervisory Patent Examiner, Art Units 1661 & 1662
1 Miicrobial Mass Pro. Hytech Hydroponic Technology. Product available before 2021. https://hytechydroponics.com/products/miicrobial-mass-pro-microbes?variant=51998571888972&country=AE¤cy=GBP&utm_medium=product_sync&utm_source=google&utm_content=sag_organic&utm_campaign=sag_organic&srsltid=AfmBOopw4NDPVZkMurkst4gmPve6yrQFBTHjFrwNaobqvS8v1zsaEKpEoSg
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