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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 15 objected to because of the following informalities: the word “forecast” is misspelled as “forecase” in the 8th line of the claim. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 person shall be entitled to a patent unless –
(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.
Claims 1-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. US 2007/0101875 A1 by Poss et al., hereinafter “Poss”.
Regarding claim 1, Poss discloses a method for receiving and handling empty returnable beverage containers by means of a battery-powered device configured for receiving and handling returnable empty beverage containers (Waste collection receptacle device shown in Figs. 1-5 is configured for receiving returnable empty beverage containers as part of the waste collected; ¶[0032]. Fig. 6 shows an embodiment directed to specifically handling returnable beverage container plastic bottles; ¶[0040].), the device comprising a receiving and handling mechanism (mechanism shown in Fig. 6), the receiving and handling mechanism comprising:
an insert opening configured to receive an empty beverage container (insert opening occupied by trash insertion door 34 in Fig. 2 which would be positioned at the left end of chute 76 in Fig. 6 which serves as an insert opening);
a supply channel (supply channel chute 76 in Fig. 6) extending from the insert opening for passing the received empty beverage container therethrough to a handling device (handling device rotating perforators 70 in Fig. 6) of the receiving and handling mechanism, the handling device being driven by a drive (chain drive sprockets 22 in Figs. 1 and 6 driven by DC motor 40 as shown in Fig. 5; ¶[0039]) and being configured to handle the received container; and
an outlet for discharge of the handled beverage container (the lower right-hand end of chute 76 in Fig. 6),
wherein a rechargeable battery powers at least the drive of the handling device (rechargeable battery 36 in Fig. 4 powers sprockets 22 as disclosed in ¶[0033] and [0037]), wherein the battery is powered by an external energy source (photovoltaic cells array 32 uses solar energy as an external energy source to power rechargeable battery 36; ¶[0033]-[0036]),
wherein the method comprises:
predicting an availability of the external energy source (¶[0044] discloses predicting availability of sunlight as the external energy source); and
adapting the operation of the device based on the predicted energy availability, so as to decrease energy use of the device in case of a lower predicted energy availability and to increase the energy use of the device in case of a higher predicted energy availability (¶[0051]-[0052] and [0058]-[0063] disclose motor controller 44 in Fig. 9 adapts operation of the device based upon energy stored in battery 36 and other factors).
Regarding claim 2, Poss anticipates the method according to claim 1 as explained above. Poss further discloses the device comprises a solar-powered rechargeable battery to power the device (rechargeable battery 36 in Fig. 4), wherein the device is provided with a solar panel connected to the battery (PV array 32 in Figs. 2 and 3; ¶[0033]-[0036]), and wherein the external energy source is solar energy captured by the solar panel (solar energy is the external energy source; ¶[0033]).
Regarding claim 3, Poss anticipates the method according to claim 1 as explained above. Paragraph [0038] of Poss further discloses the prediction of an availability of the external energy source is based on the climate where the device is to be located.
Regarding claim 4, Poss anticipates the method according to claim 1 as explained above. Poss further discloses wherein adapting the operation of the device based on the predicted energy availability comprises adjusting the number of beverage containers that is still allowed to be inserted, so that the number of containers still allowed to be inserted is lower in case of a lower predicted energy availability and higher in case of a higher predicted energy availability. Paragraph [0051] discloses controller 44 may delay or skip a compaction cycle based upon the charge available in battery 36. The delay or skipping of a compaction cycle would reduce the number of containers still allowed to be inserted into bins 20 because of the lack of compaction carried out by compactor 24. Conversely, controller 44 not delaying or skipping compaction cycles based upon the charge available in battery 36 would increase the number of containers still allowed to be inserted into bin 20 due to frequent compaction.
Regarding claim 5, Poss anticipates the method according to claim 4 as explained above. Poss further discloses the number of beverage containers that is still allowed to be inserted is adjusted by controlling a door at the insert opening. Paragraph [0010] discloses waste insertion door 34 is locked shut during a compaction cycle, which adjusts the number of containers allowed to be inserted therethrough by denying insertion of containers.
Regarding claim 6, Poss anticipates the method according to claim 4 as explained above. Poss further discloses the number of beverage containers that is still allowed to be inserted is represented by a filling level parameter associated with of a filling level of a bin that is accommodated below the outlet of the mechanism of the device (photo-eye 46 in Fig. 4; ¶[0042]), the filling level parameter being adjusted based on insertion of a container, and wherein the method comprises varying the extent by which the filling level parameter is adjusted in dependence of the predicted availability of the external energy source (paragraph [0051] discloses controller 44 may delay or skip a compaction cycle based upon the charge available in battery 36).
Regarding claim 7, Poss anticipates the method according to claim 1 as explained above. Poss further discloses:
keeping track of a state of the device and/or of a bin that is accommodated below an outlet of the device, by adjusting a parameter associated with the state and representing the state, the adjusting being based on an operation of the device which involves a change in the state of the device or the bin, said state not involving a state of the battery of the device (¶[0043] discloses pressure sensors may be used to keep track of the state of fullness of bins 20); and
varying the extent by which the parameter associated with the state is adjusted based on an operation of the device, in dependence of the predicted availability of the external energy source for a certain forthcoming time period (¶[0051] discloses compaction cycles may be skipped based upon the amount of charge in rechargeable battery 36).
Regarding claim 8, Poss anticipates the method according to claim 7 as explained above. Poss further discloses the state of the device and/or a bin comprises a filling level of the bin. See paragraph [0043].
Regarding claim 9, Poss anticipates the method according to claim 8 as explained above. Poss further discloses the operation of the device is adapted based on an indication to an operator that the bin is full. See paragraph [0045].
Regarding claim 10, Poss anticipates the method according to claim 1 as explained above. Poss discloses an open topped bin is accommodated below the outlet of the mechanism configured to collect the containers therein that are discharged from the outlet. Bins 20 in Figs. 1, 4 and 5 are located below the lower right-hand outlet of chute 76 in Fig. 6 when the recycling embodiment of Fig. 6 is incorporated into the device shown in Figs. 1-5. Poss’ device comprises means for detecting the level of beverage containers in the bin including a sensor for detecting passing of a beverage container through the handling mechanism. Paragraph [0061] discloses a door sensor may be used in conjunction with door 34 to engage photo-eye 46 which is used as a bin fullness sensor.
Regarding claim 11, Poss anticipates the method according to claim 1 as explained above. Poss further discloses the handling device is configured to compress the received and handled beverage container. Paragraph [0040] discloses rotating perforators 70 perforate received beverage containers so that compaction ram 24 may more easily compact the containers held within bins 20.
Regarding claim 12, Poss anticipates the method according to claim 1 as explained above. Poss further discloses the device has a housing (outer container housing 28 in Fig. 2) configured to accommodate an open topped bin below the outlet of the mechanism (open topped bins 20 are accommodated within housing 28 as shown in Figs. 4 and 5), bin being configured to collect the beverage containers therein that are received and handled by the receiving and handling mechanism of the device (bins 20 are arranged below the perforator shown in Fig. 6 so as to be configured to collect containers received therefrom).
Regarding claim 13, Poss discloses a device for receiving and handling empty returnable beverage containers (Waste collection receptacle device shown in Figs. 1-5 is configured for receiving returnable empty beverage containers as part of the waste collected; ¶[0032]. Fig. 6 shows an embodiment directed to specifically handling returnable beverage container plastic bottles; ¶[0040].), the device comprising:
a receiving and handling mechanism (mechanism shown in Fig. 6), the receiving and handling mechanism comprising:
an inset opening configured to receive an empty beverage container (insert opening occupied by trash insertion door 34 in Fig. 2 which would be positioned at the left end of chute 76 in Fig. 6 which serves as an insert opening);
a supply channel extending from the insert opening for passing the received empty beverage container therethrough (supply channel chute 76 in Fig. 6) to a handling device of the receiving and handling mechanism (handling device rotating perforators 70 in Fig. 6), the handling mechanism being driven by a drive and being configured to handle the received container (drive chain 22 in Fig. 6 drives perforators 70 configured to handle received containers); and
an outlet discharge of the handled beverage container (the lower right-had end of chute 76 in Fig. 6);
a rechargeable battery that is configured to power at least the drive of the handling device (rechargeable battery 36 in Fig. 4 powers sprockets 22 as disclosed in ¶[0033] and [0037]), wherein the battery is powered by an external energy source (photovoltaic cells array 32 uses solar energy as an external energy source to power rechargeable battery 36; ¶[0033]-[0036]); and
a controller (controller PLC 44 in Fig. 9; ¶[0042]) configured to perform a routine that comprises:
predicting an availability of the external energy source (¶[0051] discloses PLC44 acts as a power tracker based upon solar energy sunlight levels); and
adapting the operation of the device based on the predicted energy availability, so as to decrease the energy use of the device in case of a lower predicted energy availability and to increase the energy use of the device in case of a higher predicted energy availability (¶[0051]-[0052] and [0058]-[0063] disclose motor controller 44 in Fig. 9 adapts operation of the device based upon energy stored in battery 36 and other factors).
Regarding claim 14, Poss anticipates the device of claim 13 as explained above. Poss further discloses the device comprises a solar-powered rechargeable battery to power the device (rechargeable battery 36 in Fig. 4), wherein the device is provided with a solar panel connected to the battery (PV array 32 in Figs. 2 and 3; ¶[0033]-[0036]), and wherein the external energy source is solar energy captured by the solar panel (solar energy is the external energy source; ¶[0033]).
Regarding claim 15, Poss anticipates the device of claim 13 as explained above. Poss further discloses the predicting of an availability of the external energy source is based on a measured solar irradiation over a certain time period by a sensor of the device. Paragraph [0051] discloses PLC 44 has the ability to optimize the charging of battery 36 by tracking the level of photovoltaic energy available and the battery charge.
Regarding claim 16, Poss anticipates the device of claim 13 as explained above. Poss further discloses wherein adapting the operation of the device based on the predicted energy availability comprises adjusting the number of beverage containers that is still allowed to be inserted, so that the number of containers still allowed to be inserted is lower in case of a lower predicted energy availability and higher in case of a higher predicted energy availability. Paragraph [0051] discloses controller 44 may delay or skip a compaction cycle based upon the charge available in battery 36. The delay or skipping of a compaction cycle would reduce the number of containers still allowed to be inserted into bins 20 because of the lack of compaction carried out by compactor 24. Conversely, controller 44 not delaying or skipping compaction cycles based upon the charge available in battery 36 would increase the number of containers still allowed to be inserted into bin 20 due to frequent compaction.
Regarding claim 17, Poss anticipates the device of claim 16 as explained above. Poss further discloses the number of beverage containers that is still allowed to be inserted is represented by a filling level parameter associated with of a filling level of a bin that is accommodated below the outlet of the mechanism of the device (photo-eye 46 in Fig. 4; ¶[0042]), the filling level parameter being adjusted based on insertion of a container, and wherein the method comprises varying the extent by which the filling level parameter is adjusted in dependence of the predicted availability of the external energy source (paragraph [0051] discloses controller 44 may delay or skip a compaction cycle based upon the charge available in battery 36).
Regarding claim 18, Poss anticipates the device of claim 16 as explained above. Poss further discloses the number of beverage containers that is still allowed to be inserted is adjusted by controlling a door at the insert opening. Paragraph [0010] discloses waste insertion door 34 is locked shut during a compaction cycle, which adjusts the number of containers allowed to be inserted therethrough by denying insertion of containers.
Regarding claim 19, Poss anticipates the device of claim 13 as explained above. Poss further discloses:
keeping track of a state of the device and/or of a bin that is accommodated below an outlet of the device, by adjusting a parameter associated with the state and representing the state, the adjusting being based on an operation of the device which involves a change in the state of the device or the bin, said state not involving a state of the battery of the device (¶[0043] discloses pressure sensors may be used to keep track of the state of fullness of bins 20); and
varying the extent by which the parameter associated with the state is adjusted based on an operation of the device, in dependence of the predicted availability of the external energy source for a certain forthcoming time period (¶[0051] discloses compaction cycles may be skipped based upon the amount of charge in rechargeable battery 36).
Regarding claim 20, Poss anticipates the device according to claim 19 as explained above. Poss further discloses the state of the device and/or a bin comprises a filling level of the bin. See paragraph [0043].
Regarding claim 21, Poss anticipates the device according to claim 20 as explained above. Poss further discloses the operation of the device is adapted based on an indication to an operator that the bin is full. See paragraph [0045].
Regarding claim 22, Poss anticipates the device according to claim 13 as explained above. Poss discloses an open topped bin is accommodated below the outlet of the mechanism configured to collect the containers therein that are discharged from the outlet. Bins 20 in Figs. 1, 4 and 5 are located below the lower right-hand outlet of chute 76 in Fig. 6 when the recycling embodiment of Fig. 6 is incorporated into the device shown in Figs. 1-5. Poss’ device comprises means for detecting the level of beverage containers in the bin including a sensor for detecting passing of a beverage container through the handling mechanism. Paragraph [0061] discloses a door sensor may be used in conjunction with door 34 to engage photo-eye 46 which is used as a bin fullness sensor.
Regarding claim 23, Poss anticipates the device according to claim 13 as explained above. Poss further discloses the handling device is configured to compress the received and handled beverage container. Paragraph [0040] discloses rotating perforators 70 perforate received beverage containers so that compaction ram 24 may more easily compact the containers held within bins 20.
Regarding claim 24, Poss anticipates the device according to claim 13 as explained above. Poss further discloses the device has a housing (outer container housing 28 in Fig. 2) configured to accommodate an open topped bin below the outlet of the mechanism (open topped bins 20 are accommodated within housing 28 as shown in Figs. 4 and 5), bin being configured to collect the beverage containers therein that are received and handled by the receiving and handling mechanism of the device (bins 20 are arranged below the perforator shown in Fig. 6 so as to be configured to collect containers received therefrom).
Regarding claim 25, Poss discloses a method for receiving and handling empty returnable beverage containers by means of a battery-powered device configured for receiving and handling returnable empty beverage containers (Waste collection receptacle device shown in Figs. 1-5 is configured for receiving returnable empty beverage containers as part of the waste collected; ¶[0032]. Fig. 6 shows an embodiment directed to specifically handling returnable beverage container plastic bottles; ¶[0040].), device comprising a mechanism configured to incise and/or compress the inserted beverage container (the perforating mechanism shown in Fig. 6 incises the beverage containers and compactor ram 24 in Fig. 1 compresses the incised containers) having a drive powered by a rechargeable battery (chain drive 22 in Figs. 5 and 6 is powered by rechargeable battery 36), wherein the battery is powered by a solar panel of the device (PV array 32 in Figs. 1 and 2 charges rechargeable battery 36), wherein the method comprises:
predicting an availability of solar energy (¶[0044] and [0051] disclose predicting availability of sunlight as the external energy source); and
adjusting the number of beverage containers that is still allowed to be inserted, so that the number of containers still allowed to be inserted is lower in case of a lower predicted energy availability and higher in case of a higher predicted energy availability (Paragraph [0051] discloses controller 44 may delay or skip a compaction cycle based upon the charge available in battery 36. The delay or skipping of a compaction cycle would reduce the number of containers still allowed to be inserted into bins 20 because of the lack of compaction carried out by compactor 24. Conversely, controller 44 not delaying or skipping compaction cycles based upon the charge available in battery 36 would increase the number of containers still allowed to be inserted into bin 20 due to frequent compaction.).
Regarding claim 26, Poss discloses a device for receiving and handling empty returnable beverage containers(Waste collection receptacle device shown in Figs. 1-5 is configured for receiving returnable empty beverage containers as part of the waste collected; ¶[0032]. Fig. 6 shows an embodiment directed to specifically handling returnable beverage container plastic bottles; ¶[0040].), the device comprising a mechanism configured to incise and/or compress an inserted beverage container (the perforating mechanism shown in Fig. 6 incises the beverage containers and compactor ram 24 in Fig. 1 compresses the incised containers) having a drive powered by a rechargeable battery of the device (the perforating mechanism shown in Fig. 6 incises the beverage containers and compactor ram 24 in Fig. 1 compresses the incised containers), wherein the battery is powered by a solar panel of the device (PV array 32 in Figs. 1 and 2 charges rechargeable battery 36), and wherein the device comprises a controller configured to perform a routine (controller 44 in Fig. 9) that comprises:
predicting an availability of solar energy, energy (¶[0051] disclose controller 44 predicts availability of sunlight as the external energy source); and
adjusting the number of beverage containers that is still allowed to be inserted, so that the number of containers still allowed to be inserted is lower in case of a lower predicted energy availability and higher in case of a higher predicted energy availability (Paragraph [0051] discloses controller 44 may delay or skip a compaction cycle based upon the charge available in battery 36. The delay or skipping of a compaction cycle would reduce the number of containers still allowed to be inserted into bins 20 because of the lack of compaction carried out by compactor 24. Conversely, controller 44 not delaying or skipping compaction cycles based upon the charge available in battery 36 would increase the number of containers still allowed to be inserted into bin 20 due to frequent compaction.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Japanese Patent Publication No. JP 2005-153019.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
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/P.D.P./ Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725