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
This application is a 371 of PCT/FI2022/050256 or 04/20/2022.
Response to Amendment
The amendment filed 05/11/26 has been entered. Claims amended:
Independent claims: 1, 11 and 21.
Dependent claims: 6-9, and 16-19.
Claim Status
Claims 1, 2, 6-12 and 16-21 are pending. They comprise of 3 independent groups:
(1) System1: 1, 2, and 6-10, and
(2) Method1: 11, 12 and 16-20, and
(3) Sytem2: 21.
As of 05/11/26, system claim 1 is as followed:
1. (Currently Amended) A mobile user device for requesting access to a waste collection point, wherein the waste collection point comprises at least one waste container and at least one hatch connected to the at least one waste container, and wherein the mobile user device comprises:
[I] a memory unit configured to store processor-executable instructions and a user identifier (ID), the user ID being granted permanent or temporary access rights to the at least [III] one hatch connected to the at least [II] one waste container of the waste collection point; and
[IV] a processing unit coupled to the memory unit, and
[V] and a touch screen having a set of buttons provided thereon, wherein the set of buttons corresponds to different types of waste,
wherein the processing unit is configured, when executing the processor-executable instructions, to:
(a) receive a user input via the buttons of the touch screen corresponding to different types of waste, the user input comprising an indication of at least one waste container to be accessed among the at least one waste container of the waste collection point;
(b) detect when the mobile user device is in a vicinity of the waste collection point; and
(c) send at least one access request to an access control system to unlock or open the at least one hatch connected to the at least one waste container to be accessed, the at least one access request comprising the user ID and the indication of the at least one waste container to be accessed.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
On October 10, 2007, the Patent Office issued the "Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.," 73 Fed. Reg. 57,526 (2007) (hereinafter the Examination Guidelines). Section III is entitled "Rationales to support rejections under 35 U.S.C. 103." Within this section is the following quote from the Supreme Court: "rejections on obviousness grounds cannot be sustained by merely conclusory statements; instead there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness." KSR Int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007) (quoting In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)).
Under the Examination Guidelines, the following is a list of rationales that may be used to support a finding of obviousness under 35 U.S.C. § 103:
(a) combining prior art elements according to known methods to yield predictable results;
(b) simple substitution of one known element for another to obtain predictable results;
(c) Use of known technique to improve similar devices (methods, or products) in the same way;
(d) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(e) "Obvious to try" choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(f) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art; and
(g) Some teaching, suggestion, or motivation (TSM) in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Each rationale is resolved using the Graham factual inquiries.
Claims 1-2, 6-7, 9-10 (System1), and respective 11-12, 16-17 and 19-20 (method1) are rejected under 35 pre-AIA U.S.C. 103(a) as being un-patentable over:
Name Publication
EP 3,522,122, and
CN 115.402.674, and
CN 210.593.593.
As for independent claim 1, and respective independent claim 11, EP 3,522,122 A1 discloses a mobile user device for requesting access to a waste collection point, wherein the waste collection point comprises at least one waste container and at least one hatch connected to the at least one waste container, and wherein the mobile user device comprises:
* A mobile user device, see par. [0010], [0011: the communication device … a smartphone.], [0014: the communication device/smartphone]}, for requesting access to a waste collection point {see [0001… controlling a user’s access to a garbage container]}, wherein the waste collection point comprises at least on waste container {see [0001], [0010], [0014]} and at least one hatch connected to the at least one waste container {see [0028 … lock device … has a limited receiving volume, … amount of garbage can be thrown into the container…]}
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[I] a memory unit configured to store processor-executable instructions and a user identifier (ID), the user ID being granted permanent or temporary access rights to the at least [III] one hatch connected to the at least [II] one waste container of the waste collection point; and
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[IV] a processing unit coupled to the memory unit, wherein the processing unit is configured, when executing the processor-executable instructions, to:
(a) receive a user input, the user input comprising an indication of at least one waste container to be accessed among the at least one waste container of the waste collection point;
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The user provides the input by bringing the smartphone close to the NFC interface of the waste collection point so that the identification of the at least one container is received by the smart phone.
(b) detect when the mobile user device is in a vicinity of the waste collection point; and
This step happens concomitantly with step (a) as the use of short range communication protocol such as NFC serves to indicate that the smartphone is in the immediate vicinity of the waste collection point, see [0009] and [0022].
(c) send at least one access request to an access control system to unlock or open the at least one hatch connected to the at least one waste container to be accessed, the at least one access request comprising the user ID and the indication of the at least one waste container to be accessed.
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EP 3,522,122 A1 fairly teaches the claimed invention except for explicitly discloses that the locking device (19) as a hatch, a touch screen having a set of buttons corresponds to different types of waste, and user input via the buttons. However, EP 3,522,122 discloses that the locking device (19) is an opening of restricted size allowing for passage from one area to another area, however in view of the teaching on [0028] above, that the lock device has a limited receiving volume so that only a limited amount of garbage can be thrown into the container when it is opened once, it would have been obvious to call the lock device as a hatch since it has the same function.
Therefore, EP 3,522,122 A1 teaches the claimed invention except for a touch screen having a set of buttons corresponds to different types of waste, and user input via the buttons.
In a similar waste collection system, Internet of things intelligent garbage can device, CN 115.402.674 discloses a mobile phone having a touch screen having a set of buttons, the starting button, the upper and lower buttons, the left and right buttons, for performing operations of the garbage bin.
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the waste collection system of EP 3,522,122 A1 by modifying the mobile phone having a touch screen having a set of buttons corresponds to different actions, and user input for operating the waste collection system via the buttons, as taught by CN 115.402.674 for effective operation using a mobile phone Interface as cited above.
EP 3,522,122 /CN 115.402.674 fairly teaches the claimed invention except for the set of buttons on the screen corresponds to different types of waste/waste bin.
CN 210.593.593 discloses the use of multiple garbage containers (inner barrels) for handling different types of garbage such as kitchen waste, dry waste, wet garbage, recyclable garbage, harmful garbage and so on and loading the garbage to the proper bin (barrel).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the waste collection system of EP 3,522,122 A1 /CN 115.402.674 by having multiple bins for loading garbage of different types as taught by CN 210.593.593 as taught above for handling various types of waste. The installing of another (2nd or 3rd) button on the touch screen in the system of EP 3,522,122 /CN 115.402.674 to handle loading different types would have been obvious to as skilled artisan in view of the teachings of EP 3,522,122 /CN 115.402.674 /CN 210.593.593.
Regarding dep. claim 2 (part of 1 above) and respective 12 (part of 11 above), which deals with a feature of the indication of the waste container, this is taught in [0057].
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Regarding dep. claims 6 (part of 1 above) and respective 16 (part of 11 above), which deals with well known short-range wireless communication unit and reading a near field communication tag, this is taught in [0009] and [0022], wherein
this step happens concomitantly with step (a) as the use of short range communication protocol such as NFC serves to indicate that the smartphone is in the immediate vicinity of the waste collection point.
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Regarding dep. claim 7 (part of 1 above) and respective 17 (part of 11 above), which deals with the performance of step (c ) using short-range wireless communications, this is taught in EP 3,522,122 A1 [0053:NFC] and [0053 … WLAN] implying “Internet.”
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Regarding dep. claim 9 (part of 1 above) and respective 19 (part of 11 above), which deals with the feature of receiving statistics from the access control system and the statistics being based on a number of times of the access features, this is taught in [0051] wherein statistics on the user’s previous use of the garbage container is analyzed. The collection of other user’s profile features such as number of times of requested access for a period of time would have been obvious if monitoring user’s access frequencies is important.
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Regarding dep. claim 10 (part of 1 /9 above) and respective 20 (part of 11 /19 above), which deals with an additional feature of sensing such as a sensor, this is taught in [0058-0059].
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Dependent claim(s) 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over (1) EP 3,522,122 A1/CN 115.402.674 /CN 210.593.593 as applied to claims 1-2, 6-7 and respectively 11-12, 16-17 above, and further in view of (4) MITCHELL ET AL., US 2020/0.074.111.
The teachings of EP 3,522,122 A1 is cited above.
MITCHELL ET AL. is cited to teach the encryption of data or request for access with a cryptographic protocol for data safety, see [0101] and abstract “data safe.”
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Therefore, it would have been obvious to a skilled artisan to modify the waste collection system of EP 3,522,122 A1 /CN 115.402.674 /CN 210.593.593 by encryption of data or request for access with a cryptographic protocol as taught by MITCHELL ET AL. for communication safety.
Independent claim 21 (System1) is rejected under 35 pre-AIA U.S.C. 103(a) as being un-patentable over:
Name Publication
EP 3,522,122, and
CN 115.402.674, and
CN 210.593.593.
As for independent claim 21, EP 3,522,122 A1 discloses an access control system for controlling access to a waste collection point,
{see [0001], [035], Fig. 1}
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wherein the waste collection point comprises at least one waste container and at least one hatch connected to the at least one waste container, and wherein the access control system comprises:
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[I] A mobile user device comprising,
see par. [0010], [0011: the communication device … a smartphone.], [0014: the communication device/smartphone]}, for requesting access to a waste collection point {see [0001… controlling a user’s access to a garbage container]}, wherein the waste collection point comprises at least on waste container {see [0001], [0010], [0014]} and at least one hatch connected to the at least one waste container {see [0028 … lock device … has a limited receiving volume, … amount of garbage can be thrown into the container…]}
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[II] a memory unit configured to store processor-executable instructions and a database; and
{see [0056 … The server (5)], implicit in server 5, and a database (8)}
and a processing unit coupled to the memory unit, wherein the database comprises user IDs that are granted permanent or temporary access rights to the at least one waste container of the waste collection point;
{see [0050… based on this assignment, releases or denies access to this garbage container..]}
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[III] a processing unit coupled to the memory unit, wherein the processing unit is configured, when executing the processor-executable instructions, to:
(a) receive at least one access request from a mobile user device, the at least one access request comprising a user ID associated with the mobile user device and an indication of at least one waste container to be accessed among the at least one waste container of the waste collection point,
{see [0035], [0040] and [0057] below}
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[0040]
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(b) determine that the user ID is present in the database and is granted the permanent or temporary access rights to the at least one hatch connected to the at least one waste container to be accessed, and
{see [0050 …authentication manager (7) … to identify a user before using the garbage container (2), a transfer of data (11) can be initiated between the first communication interface (4) and a third communication interface (1) of a communication device (9) that can be assigned to a user…]}
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(c) send at least one access request to an access control system to unlock or open the at least one hatch connected to the at least one waste container to be accessed, the at least one access request comprising the user ID and the indication of the at least one waste container to be accessed.
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EP 3,522,122 A1 fairly teaches the claimed invention except for explicitly discloses that the locking device (19) as a hatch, a touch screen having a set of buttons corresponds to different types of waste, and user input via the buttons. However, EP 3,522,122 discloses that the locking device (19) is an opening of restricted size allowing for passage from one area to another area, however in view of the teaching on [0028] above, that the lock device has a limited receiving volume so that only a limited amount of garbage can be thrown into the container when it is opened once, it would have been obvious to call the lock device as a hatch since it has the same function.
Therefore, EP 3,522,122 A1 teaches the claimed invention except for a touch screen having a set of buttons corresponds to different types of waste, and user input via the buttons.
In a similar waste collection system, Internet of things intelligent garbage can device, CN 115.402.674 discloses a mobile phone having a touch screen having a set of buttons, the starting button, the upper and lower buttons, the left and right buttons, for performing operations of the garbage bin.
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Therefore, it would have been obvious to a skilled artisan to modify the waste collection system of EP 3,522,122 A1 by modifying the mobile phone having a touch screen having a set of buttons corresponds to different actions, and user input for operating the waste collection system via the buttons, as taught by CN 115.402.674 for effective operation using a mobile phone Interface as cited above.
EP 3,522,122 /CN 115.402.674 fairly teaches the claimed invention except for the set of buttons on the screen corresponds to different types of waste/waste bin.
CN 210.593.593 discloses the use of multiple garbage containers (inner barrels) for handling different types of garbage such as kitchen waste, dry waste, wet garbage, recyclable garbage, harmful garbage and so on and loading the garbage to the proper bin (barrel).
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Therefore, it would have been obvious to a skilled artisan to modify the waste collection system of EP 3,522,122 A1 by having multiple bins for loading garbage of different types as taught by CN 210.593.593 as taught above for handling various types of waste. The installing of another (2nd or 3rd) button on the touch screen in the system of EP 3,522,122 /CN 115.402.674 to handle loading different types would have been obvious to as skilled artisan in view of the teachings of EP 3,522,122 /CN 115.402.674 /CN 210.593.593.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Response to Arguments
Applicant's arguments filed 05/11/2026 with respect to the amended claims have been fully considered and they are persuasive, however, they are moot in view of new references to address the amended features.
No claims are allowed.
Relevant Prior Art
1) FR 3092097 discloses a waste collection container generally has a hatch to allow waste to be deposited. Theses hatches give access to the container. It would have been obvious to include the “access hatch” in EP 3,522,122 A1 as replacement for the “locking device (19)” to control access to the waste container.
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2) WO 2017/091056 discloses a waste container for collecting household waste comprising a waste container (1) … with a surface access hatch (7) . It would have been obvious to include the “access hatch” in EP 3,522,122 A1 as replacement for the “locking device (19)” to control access to the waste container.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tan "Dean" D NGUYEN whose telephone number is (571)272-6806. The examiner can normally be reached M-F: 6:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah M Monfeldt can be reached at 571-270-1833. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAN D NGUYEN/Primary Examiner, Art Unit 3629
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