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 19/479,220 filed on October 27, 2025. Claims 1-15 are currently pending and have been examined.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "41" and "42" have both been used to designate “concave-convex element” (see Specification, page 14/16, paragraph beginning on line 5).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "12" and "41" have both been used to designate “coupling element” (see Specification, page 12/16, paragraph beginning on line 10 and page 13/16, paragraph beginning on line 5). It is currently unclear how coupling element 12 and coupling element 41 differ from one another.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
“40” in Fig. 6-7
“16” in Fig. 7
“17” in Fig. 7
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, lines 2-3, Applicant is suggested to amend the phrase “a plurality of cultivation holes in which plants are planted” to, for example, --a plurality of cultivation holes configured to accommodate plants-- in order to further clarify the scope of the claim.
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 6-8 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 6, lines 1-2, recites “wherein the concave-convex element is provided”. However, claim 2, line 1-2, previously recites “wherein the guide portion comprises concave-convex elements”. Since a plurality of “concave-convex elements” are initially recited in claim 2, it is unclear whether claim 6 refers to a specific, individual one of the concave-convex elements of claim 2 or to each of the concave-convex elements of claim 2. As such, the structure of the invention is unclear, and the scope of the claim is rendered indefinite. Claim 7 is similarly rejected by virtue of dependency upon claim 6.
Claim 6, lines 2-3, recites “the coupling element of the cultivation plate”. However, claim 4, line 3, previously recites “coupling elements formed on a bottom surface of the plate body”. Since a plurality of “coupling elements” are initially recited in claim 4, it is unclear whether claim 6 refers to a specific, individual one of the coupling elements of claim 4, or to each of the coupling elements of claim 4. As such, the structure of the invention is unclear, and the scope of the claim is rendered indefinite. Claim 7 is similarly rejected by virtue of dependency upon claim 6 and further includes recitation of “the coupling element” in singular form.
Similarly, claim 8, lines 1-2, recites “wherein the concave-convex element comprises a guide protrusion” and likewise renders the claim indefinite per the reasons detailed above.
Similarly, claim 8, lines 2-3, recites “the coupling element comprises an accommodation groove” and likewise renders the claim indefinite per the reasons detailed above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 108782216 A), hereinafter Li.
Regarding claim 1, Li discloses a cultivation apparatus (title; shown in fig. 1) comprising:
a cultivation plate (planting board 2) provided with a plurality of cultivation holes (openings in planting net 5) in which plants are planted (fig. 2, openings in planting net 5 are capable of accommodating plants);
a cultivation chamber (nutrient solution pool 3) configured to accommodate a nutrient solution to be supplied to the plants (fig. 1, nutrient solution pool 3 is capable of accommodating nutrient solution), the cultivation chamber comprising a cultivation opening (opening at top end of nutrient solution pool 3) in which the cultivation plate is positioned (fig. 1); and
a guide portion (upper ends of middle bracket 13 and side brackets 14) formed on the cultivation chamber so that the cultivation plate is seated on the guide portion to align a position of the cultivation plate (fig. 1).
Regarding claim 2, Li discloses the cultivation apparatus of claim 1, and further discloses wherein the guide portion comprises concave-convex elements (indentations at upper ends of middle bracket 13 and side brackets 14) on which the cultivation plate (planting board 2) is seated (fig. 1).
Regarding claim 3, Li discloses the cultivation apparatus of claim 2, and further discloses wherein the cultivation chamber (nutrient solution pool 3) further comprises:
a chamber body (comprises bottom wall and side walls of nutrient solution pool 3); and
a support frame (middle bracket 13) protruding from an inner surface of the chamber body (fig. 1) and configured to be in contact with the cultivation plate (planting board 2) and support the cultivation plate from the inside thereof (fig. 1).
Regarding claim 4, Li discloses the cultivation apparatus of claim 2, and further discloses wherein the cultivation plate (planting board 2) comprises:
a plate body (frame 4) having the cultivation holes (openings in planting net 5; fig. 2); and
coupling elements (roller brackets 9 and rollers 10) formed on a bottom surface of the plate body (fig. 3) and configured to be seated on the concave-convex elements (indentations at upper ends of middle bracket 13 and side brackets 14; fig. 1).
Regarding claim 5, Li discloses the cultivation apparatus of claim 3, and further discloses wherein the concave-convex elements (indentations at upper ends of middle bracket 13 and side brackets 14) comprise:
a first concave-convex element (indentation at upper end of middle bracket 13) provided on the support frame (middle bracket 13, fig. 1) so that a central portion of the cultivation plate (planting board 2) is seated on the first concave-convex element (fig. 1 and 3, central portion of planting board 2 in the length direction is seated on the indentation at the upper end of middle bracket 13); and
second concave-convex elements (indentations at upper ends of side brackets 14) provided on the chamber body (nutrient solution pool 3; fig. 1, side brackets 14 are atop nutrient solution pool 3) so that two opposite portions of the cultivation plate are seated on the second concave-convex elements (fig. 1 and 3, opposite portions of the planting board 2 in the length direction are seated on an indentation at the upper end of side brackets 14).
Regarding claim 6, as best understood based on the 35 U.S.C. 112(b) issue(s) identified above, Li discloses the cultivation apparatus of claim 4, and further discloses wherein the concave-convex element (indentations at the upper ends of middle bracket 13 and side brackets 14) is provided in the form of a groove that engages with the coupling element (roller bracket 9 and rollers 10) of the cultivation plate (planting board 2; fig. 1 and 3).
Regarding claim 7, as best understood based on the 35 U.S.C. 112(b) issue(s) identified above, Li discloses the cultivation apparatus of claim 6, and further discloses wherein the coupling element (roller bracket 9 and rollers 10) comprises a wheel (rollers 10) placed in the groove (fig. 1 and 3) so that the plate body (planting board 2) is movable relative to the cultivation chamber (nutrient solution pool 3; fig. 1 and 3; see claim 1 of Li).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 108782216 A), hereinafter Li, in view of Chai et al. (CN 111512831 A), hereinafter Chai.
Regarding claim 8, as best understood based on the 35 U.S.C. 112(b) issue(s) identified above, Li discloses the cultivation apparatus of claim 4, but does not appear to specifically disclose wherein the concave-convex element comprises a guide protrusion protruding from the cultivation chamber, and the coupling element comprises an accommodation groove into which the guide protrusion is inserted.
However, Chai is in the field of cultivation apparatuses (title) and teaches wherein the concave-convex element (shown in fig. 5) comprises a guide protrusion protruding from the cultivation chamber (elongated protrusions at upper end of cultivation container 12; fig. 5), and the coupling element comprises an accommodation groove into which the guide protrusion is inserted (elongated slots at lower end of isolation plate 11; fig. 5).
Pursuant of MPEP 2144.06(II), it has been held obvious to substitute equivalents for the same purpose. Li discloses the claimed invention except that the concave-convex element and coupling element of Li comprises a groove and wheel, respectively, instead of the guide protrusion and accommodation groove, respectively, as claimed. Chai shows that the elongated protrusion and corresponding elongated slot are an equivalent structure known in the art. Therefore, because these guide structures of Li and Chai were art-recognized equivalents before the effective filing date of the claimed invention for the alignment and movement of a cultivation chamber and cultivation plate relative to one another, one of ordinary skill in the art would have found it obvious to substitute the guide protrusion and accommodation groove for the groove and wheel.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 108782216 A), hereinafter Li, in view of Mathy (US 2010/0162623 A1), hereinafter Mathy.
Regarding claim 9, Li discloses the cultivation apparatus of claim 1, but does not appear to specifically disclose further comprising:
a service opening defined by the cultivation plate and the cultivation chamber.
However, Mathy is in the field of cultivation apparatuses (title; para [0001]-[0002]) and teaches further comprising:
a service opening (apertures 32) defined by the cultivation plate (platform 2) and the cultivation chamber (tray 1; fig. 3; para [0051]).
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 cultivation apparatus with cultivation plate and cultivation chamber of Li to incorporate the teachings of a service opening as taught by Mathy with a reasonable expectation of success to allow for passage of ducts for air or water supply to the cultivation apparatus (para [0051]).
Regarding claim 10, Li as modified discloses the cultivation apparatus of claim 9, and further discloses further comprising:
a first service groove recessed from an end of the cultivation plate (from Mathy, indentation in platform 2 corresponding to aperture 32; fig. 1 and 3); and
a second service groove recessed from an upper end of the cultivation chamber at which the cultivation opening is formed (from Mathy, indentation in tray 1 corresponding to aperture 32; fig. 2 and 3), the second service groove being configured to define the service opening together with the first service groove when the cultivation plate covers the cultivation opening (fig. 3).
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 108782216 A), hereinafter Li, in view of Kim et al. (KR 101479977 B1), hereinafter Kim.
Regarding claim 11, Li discloses the cultivation apparatus of claim 1, but does not appear to specifically disclose further comprising:
a discharge part provided in the cultivation chamber and configured to discharge the nutrient solution accommodated in the cultivation chamber.
However, Kim is in the field of cultivation apparatus liquid supply (title; fig. 1) and teaches further comprising:
a discharge part (comprises water tank outlet 12 and bottom drain 13) provided in the cultivation chamber (water tank 1) and configured to discharge the nutrient solution accommodated in the cultivation chamber (fig. 8; para [0075]-[0076]).
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 cultivation apparatus with cultivation chamber configured to accommodate nutrient solution of Li to incorporate the teachings of a discharge part as taught by Kim with a reasonable expectation of success to allow for more convenient removal of liquids from the cultivation chamber (para [0076]) such that the chamber can be more easily cleaned.
Regarding claim 12, Li as modified discloses the cultivation apparatus of claim 11, and further discloses wherein the discharge part (from Kim, comprises water tank outlet 12 and bottom drain 13) comprises a first discharge hole (from Kim, bottom drain 13) formed through a bottom surface of the cultivation chamber (from Kim, bottom surface of water tank 1; fig. 8).
Regarding claim 13, Li as modified discloses the cultivation apparatus of claim 12, and further discloses wherein the discharge part (from Kim, comprises water tank outlet 12 and bottom drain 13) further comprises a second discharge hole (from Kim, water tank outlet 12) formed through a lateral surface of the cultivation chamber adjacent to the bottom surface (from Kim, side wall of water tank 1; fig. 8).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being obvious over Li (CN 108782216 A), hereinafter Li, in view of Kim et al. (KR 101479977 B1), hereinafter Kim, as applied to claim 13 above, and further in view of Wu (US 2017/0226462 A1), hereinafter Wu.
Regarding claim 14, Li as modified discloses the cultivation apparatus of claim 13, but does not appear to specifically disclose further comprising:
a control plate separably coupled to the bottom surface of the cultivation chamber and configured to adjust a level of the nutrient solution.
However, Wu is in the field of cultivation apparatuses (title; abstract) and teaches further comprising:
a control plate (overflow plate 8) separably coupled to the bottom surface of the cultivation chamber (bottom surface of box body 1; fig. 3; para [0073], “the overflow plate 8, which can be separably fastened to the box body 1…”) and configured to adjust a level of the nutrient solution (para [0073], “The height of fluid level in the middle portion of the box body can be adjusted by replacing the overflow plate 8”).
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 cultivation apparatus with discharge part of Li as modified to incorporate the teachings of a control plate as taught by Wu with a reasonable expectation of success to allow for further control over the level of nutrient solution in the cultivation chamber (para [0073]).
Regarding claim 15, Li as modified discloses the cultivation apparatus of claim 14, and further discloses wherein the control plate (from Wu, overflow plate 8) is disposed between the first discharge hole (from Wu, permeable holes 6) and the second discharge hole (from Wu, outlet hole 19; fig. 3).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA M HUEBNER whose telephone number is (703)756-4560. The examiner can normally be reached M-F 9:30 AM - 6:00 PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona, can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/E.M.H./Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
Prosecution Insights