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 .
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 2-3, 5, 10-20 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.
Regarding claim 2, line 6 states “the control unit operating a computer program” which is indefinite as it is unclear how the computer program is stored, executed or interacted with without any supporting elements (such as “a memory”, “storage”, “program code” or “program instructions”) to achieve said functions. As such applicant should amend to clearly and distinctly point out the limitations of the claim. Claim 5 is also rejection in the same manner for the term “library of programs” without providing the supporting elements. Claims 11-14, 17 and 20 are also rejected in the same manner for the term “an application” without providing the supporting elements.
Regarding claim 3, line 2 states “optionally” which renders the claim indefinite as it is unclear if the limitations of the claim are required by the invention or not. Applicant should amend to clearly and distinctly point out the limitations of the claim. Claim 10 is also rejected in the same manner.
Regarding claim 5, line 2 states “for specific idealized growing conditions” which is indefinite as it is unclear what the “specific idealized growing conditions” are, how they are and what determines them being to be idealized conditions. Applicant should amend to clearly and distinctly point out the limitations of the claim.
Regarding claims 11-14, it states “a wireless portable device of a phone or tablet” which is indefinite as a “wireless portable device” is a “phone or tablet” as they applicant appears to being claiming the same thing. Applicant should amend to cancel/remove the language “phone or tablet” from the claims.
Regarding claims 17, 20, it states “a wirelessly coupled portable computing device” which is indefinite as it is unclear how the computing device is wirelessly coupled without the supporting elements to wirelessly interact with and execute application functions. Applicant should amend to clearly and distinctly point out the limitations of the claims.
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 1-4, 6-9, 11-12, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hoyos (US 2024/0349664).
Regarding claims 1, 15, Hoyos discloses a smart terraponic gardening system comprising: a base (120); a first reservoir (50) defining a first volume (interior of element 50), the first reservoir (50) configured to contain a liquid (water) within the first volume (interior of element 50); a second reservoir (formed between elements 120, 100 and 20, Fig. 7) defining a second volume (interior to element 120), the second reservoir (formed between elements 120, 100 and 20) configured to contain a growing medium ([0057] Inoculated substrate S is implemented with a mushroom substrate as a medium) within the second volume (interior to element 120); a lid (20); a light source (70) coupled to the lid (20) in a position (Fig. 4) above the second reservoir (formed between elements 120, 100 and 20) and configured to project light toward the second reservoir (formed between elements 120, 100 and 20); a watering system (50, 56, 60, 80, 140, 150) in fluid communication with the first volume (interior of element 50) of the first reservoir (50), a liquid outlet (60, 56) coupled to the lid (20) in a position above the second reservoir (formed between elements 120, 100 and 20), the watering system (50, 56, 60, 80, 140, 150) configured to dispense the liquid (water) contained within the first volume (interior of element 50) of the first reservoir (50) from the liquid outlet (60, 56) onto the growing medium ([0057] Inoculated substrate S is implemented with a mushroom substrate as a medium) contained within the second volume (interior to element 120) of the second reservoir (formed between elements 120, 100 and 20), but does not expressly disclose the second reservoir being located above the first reservoir.
However, Hoyos discloses both a first (50) and second reservoir (formed between elements 120, 100 and 20, Fig. 7) and it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention/application to have positioned the second reservoir above the first reservoir in order to allow for supplying water and nutrients to the growing medium in the second reservoir and drainage therefrom into the first reservoir, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Regarding claim 2, Hoyos discloses further comprising at least one sensor (140) of a temperature sensor, camera, or a humidity sensor (clement 140 is a hygrometer) in signal communication with the control unit ([0027]); a control unit ([0027]) in electronic communication with the light source (70), the watering system (50, 56, 60, 80, 140, 150), and an air handling system (34, 35) comprising a fan (35) positioned within the lid volume (volume of the lid) and in fluid communication with an area (fan is positioned within the lid) above the growing medium ([0057] Inoculated substrate S is implemented with a mushroom substrate as a medium) contained within the second volume (interior to element 120) of the second reservoir (formed between elements 120, 100 and 20), the control unit ([0027]) operating a computer program to maintain growing conditions ([0026]-[0028]) for a specific plant or fungus (mushrooms or herbs) growing in the second reservoir (formed between elements 120, 100 and 20).
Regarding claim 3, Hoyos discloses wherein the liquid (water) contained in the first volume (interior of element 50) of the first reservoir (50) is water ([0048]) that optionally contains dissolved or suspended nutrients.
Regarding claim 4, Hoyos discloses wherein the first reservoir (50) includes a filling port (28) for adding the liquid (water) to the first volume (interior of element 50) of the first reservoir (50).
Regarding claim 6, Hoyos discloses wherein at least one of the first reservoir (50) or the second reservoir (formed between elements 120, 100 and 20) is removable (each of the elements are capable of being removed).
Regarding claim 7, Hoyos discloses further comprising a spine (80) defining an internal channel (interior of element 80) extending vertically from the first reservoir (50).
Regarding claim 8, Hoyos discloses wherein the spine (80) is configured to telescope or otherwise change overall length so that a height thereof is adjustable (wherein the height of the device can be adjusted by adding a second unit on top of the initial unit allowing for adjustability in height), Fig. 7).
Regarding claim 9, Hoyos discloses further comprising a transparent enclosure portion (120) configured to be removably positioned between an upper end (upper portion) of the second reservoir (formed between elements 120, 100 and 20) and a lower end (lower end) of the lid (20).
Regarding claims 11, 14, Hoyos discloses wherein the humidity sensor ([0047] Hygrometer 140 relies its humidity measurement on other parameters, such as temperature, pressure, and/or dew point (temperature of condensation) or other parameters according to the type of hygrometer used) is present and positioned within the second volume (interior of 120) of the second reservoir (formed between elements 120, 100 and 20) to provide a signal to the control unit ([0027]) or a computer application running on a wireless portable device of a phone or tablet.
Regarding claim 12, Hoyos discloses wherein the temperature sensor ([0047] Hygrometer 140 relies its humidity measurement on other parameters, such as temperature, pressure, and/or dew point (temperature of condensation) or other parameters according to the type of hygrometer used) is present to provide a signal to the control unit ([0027]) or a computer application running on a wireless portable device of a phone or tablet.
Claims 5, 10, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hoyos (US 2024/0349664) in view of Soutter (US 11311001).
Regarding claims 5, 10, 16-20, Hoyos discloses the invention substantially as set forth above, but does not expressly disclose the light source is a plurality of light emitting diode (LED) grow lights, the system having a user interface that is in electronic communication with the control unit, wherein the user interface is coupled to the base or is present in an application of a wirelessly coupled portable computing device, the user interface is configured to display information about any of the light source, the water system, the air handling system, or a
combination thereof, wherein the user interface is configured to receive inputs and wherein the control unit is configured to wirelessly communicate with a portable computing device to display via an application running on the portable computing device, information about any of the light source, the water system, the air handling system, or a combination thereof.
However, Soutter discloses a similar terrarium system (100) having a plurality of light emitting diode (LED) grow lights (124), the system (100) having a user interface (104) that is in electronic communication with the control unit (110), wherein the user interface (104) is coupled to the base or is present in an application of a wirelessly coupled portable computing device (Column 6, lines 38-42, the user device 104 may be, but not limited to, a mobile device, a smart phone, a tablet computer, a portable computer, a laptop computer, a desktop computer, a smart device, a smart watch, a smart glass, and so forth), the user interface (104) is configured to display information about any of the light source, the water system, the air handling system, or a combination thereof (Column 6, lines 46-58), wherein the user interface (104) is configured to receive inputs (Column 6, lines 35-38, the user device 104 may be configured to enable a user to receive data and transmit data) and wherein the control unit (110) is configured to wirelessly communicate (via communication network 106) with a portable computing device (Column 6, lines 38-42, the user device 104 may be, but not limited to, a mobile device, a smart phone, a tablet computer, a portable computer, a laptop computer, a desktop computer, a smart device, a smart watch, a smart glass, and SO forth) to display via an application (Column 6, lines 56-58, may be a controlling application installed on the user device) running on the portable computing device (Column 6, lines 38-42, - the user device 104 may be, but not limited to, a mobile device, a smart phone, a tablet computer, a portable computer, a laptop computer, a desktop computer, a smart device, a smart watch, a smart glass, and so forth) information about any of the light
source, the water system, the air handling system, or a combination thereof (Column 6, lines 46- 58).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Hoyos, by making the light source a plurality of light emitting diode (LED) grow lights, the system having a user interface that is in electronic communication with the control unit, wherein the user interface is coupled to the base or is present in an application of a wirelessly coupled portable computing device, the user interface is configured to display information about any of the light source, the water system, the air handling system, or a combination thereof, wherein the user interface is configured to receive inputs and wherein the control unit is configured to wirelessly communicate with a portable computing device to display via an application running on the portable computing device, information about any of the light source, the water system, the air handling system, or a combination thereof, as taught by Soutter, for the purpose of providing optimal growing conditions within the device and allowing the user full control of the conditions within the growth environment.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hoyos (US 2024/0349664) in view of Valatka (US 2018/0192621).
Regarding claim 13, Hoyos discloses the invention substantially as set forth above, but does not expressly disclose wherein the camera is present and an image produced therefrom is color analyzed to provide a signal to the control unit or an application to modify growing conditions.
However, Valatka discloses a similar habitat structure (100) with a camera (118) is present and an image produced therefrom is color analyzed to provide a signal ([0050], [0092]- [0094]) to the control unit (102) or an application to modify growing conditions ([0112]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Hoyos, by adding a camera that is present and an image produced therefrom is color analyzed to provide a signal to the control unit or an application to modify growing conditions, as taught by Valatka, for the purpose of providing a water to control the environment within the device based on the images produced from the camera.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M RODZIWICZ/Examiner, Art Unit 3642
/MONICA L PERRY/Primary Examiner, Art Unit 3644
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