DETAILED ACTION
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
Claims 1-18 are pending.
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 17, 18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 17 is drawn to a “computer program", per se; therefore, fail(s) to fall within a statutory category of invention.
A claim directed to a signal, a carrier wave, or a data structure, per se, is non-statutory because it is not:
A process occurring as a result of executing the program, or
A machine programmed to operate in accordance with the program, or
A manufacture structurally and functionally interconnected with the program in a manner which enable the program to act as a computer component and realize its functionality, or
A composition of matter.
Claim 18 is drawn to a computer readable medium having stored thereon a computer program, where the computer readable medium can be transitory, i.e., is not explicitly limited as disclosed as only being non-transitory computer readable media; therefore, fail(s) to fall within a statutory category of invention. Applicant should note that adding "non-transitory" to the claim to limit a claimed computer readable medium to being statutory would be acceptable.
A claim directed to a computer readable medium having stored thereon a computer program is non-statutory, where the computer readable medium can be a signal, a carrier wave, or a data structure, per se, which are non-statutory as noted, infra.
A claim directed to a signal, a carrier wave, or a data structure, per se, is non-statutory because it is not:
A process occurring as a result of executing the program, or
A machine programmed to operate in accordance with the program, or
A manufacture structurally and functionally interconnected with the program in a manner which enable the program to act as a computer component and realize its functionality, or
A composition of matter.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3, 6-11, 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson et al. [US 20180137705].
As to claim 1. Wilkinson discloses A receptacle holder (1, la-b) for selectively allowing a receptacle (4, 4a-b) to be removed, the receptacle holder (1, la-b) comprising:
an attachment member (10), [fig. 1, 0012] securement mechanism 112, being configured to engage with a receptacle (4, 4a-b), [fig. 1, 0012] locker 108, to selectively keep the receptacle (4, 4a-b) in a locked engagement with the receptacle holder (1, la-b), [0013] the locker can be selectively released;
a processor (60); and a memory (64) storing instructions (67) that, when executed by the processor, [fig. 1, 0013] control device 104 with a GUI, payment mechanism, and communications device that allows the user to rent/reserve a locker, and controls the securing and release of the locker, [0025, 0026] and implements the steps in [fig. 4] is required to at least comprise a processor and a memory for performing the functions, cause the receptacle holder (1, la-b) to:
determine to unlock the attachment member (10), [0028, 0029] determine which locker to unlock; and
unlock the receptable (4, 4a-b) from the attachment member (10), [0030] command transmitted to release the selected locker.
As to claim 2. Wilkinson discloses The receptacle holder (1, la-b) according to claim 1, wherein the instructions to determine to unlock comprise instructions (67) that, when executed by the processor, cause the receptacle holder (1, la-b) to: receive an unlock signal from a user device (2) of a user (5), [0013, 0027].
As to claim 3. Wilkinson discloses The receptacle holder (1, la-b) according to claim 2, wherein the attachment member (10) enables a receptacle (4, 4a-b) to be secured in locked engagement by pushing the receptacle to engage with the attachment member (10), [0018] secure the locker when the locker is docked.
As to claim 6. Wilkinson discloses The receptacle holder (1, la-b) according to claim 1, comprising a plurality of the attachment members (10) for engagement with respective receptacles (4, 4a-b), [fig. 1] securement mechanisms 112-118.
As to claim 7. Wilkinson discloses The receptacle holder (1, la-b) according to claim 6, wherein the instructions to determine to unlock comprise instructions that, when executed by the processor, cause the receptacle holder (1, la-b) to determine which one of the plurality of attachment members (10) to unlock, [0029]; and wherein the instructions to unlock the receptacle comprise instructions that, when executed by the processor, cause the receptacle holder (1, la-b) to unlock the attachment member (10), of the plurality of attachment members (10), that was determined to be unlocked, [0030].
As to claim 8. Wilkinson discloses The receptacle holder (1, la-b) according to claim 6, wherein the receptacle holder comprises a plurality of slots (8) configured to hold respective receptacles (4, 4a-b) engaged with respective attachment members (10), [fig. 1] securement mechanisms 112-118.
As to claim 9. Wilkinson discloses A method for selectively allowing a receptacle (4, 4a-b) to be removed, the method being performed by a receptacle holder (1, la-b), the method comprising:
the steps as claimed in claim 1, and are rejected using the same prior arts and reasoning as to that of claim 1.
As to claims 10, 11 are rejected using the same prior arts and reasoning as to that of claims 2, 3, respectively.
As to claims 14-16 are rejected using the same prior arts and reasoning as to that of claims 6-8, respectively.
As to claim 17. Wilkinson discloses A computer program (67, 91) for selectively allowing a receptacle (4, 4a-b) to be removed, the computer program comprising computer program code which, when executed on a receptacle holder (1, la-b) causes the receptacle holder (1, la-b) to:
perform the steps as claimed in claim 1, and are rejected using the same prior arts and reasoning as to that of claim 1.
As to claim 18. Wilkinson discloses A computer program product (64, 90) comprising a computer program according to claim 17 and a computer readable means comprising non-transitory memory in which the computer program is stored, [fig. 1, 0013] control device 104 with a GUI, payment mechanism, and communications device that allows the user to rent/reserve a locker, and controls the securing and release of the locker, [0025, 0026] and implements the steps in [fig. 4] is required to at least comprise a processor and a memory for performing the functions.
Claim(s) 4, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson.
As to claim 4. Wilkinson discloses The receptacle holder (1, la-b) according to claim 3, wherein the attachment member (10) comprises a spring-biased latch (12) to enable a receptacle (4, 4a-b) to be secured in locked engagement by pushing the receptacle to engage with the attachment member (10), [0018] latch.
Wilkinson fails to disclose wherein the latch is a spring-biased latch.
One of ordinary skill in the art understands that there is finite type of latches, including a spring-biased latch, to select from.
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Wilkinson and select a spring biased latch as nothing but selecting from a finite available type of latches that is appropriate for the application.
As to claim 12. Is rejected using the same prior arts and reasoning as to that of claim 4.
Allowable Subject Matter
Claims 5, 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur..
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, Steven Lim can be reached at (571)270-1210. 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.
/Benyam Haile/Primary Examiner, Art Unit 2688