DETAILED ACTION
The present office action is responsive to the applicant’s filing on 08/26/2024.
The application has claims 1-15 present. All present claims have been examined.
This action is made Non-Final.
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 .
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The entire reference is considered to provide disclosure relating to the claimed invention. The claims & only the claims form the metes & bounds of the invention. Office personnel are to give the claims their broadest reasonable interpretation in light of the supporting disclosure. Unclaimed limitations appearing in the specification are not read into the claim. Prior art was referenced using terminology familiar to one of ordinary skill in the art. Such an approach is broad in concept and can be either explicit or implicit in meaning. Examiner's Notes are provided with the cited references to assist the applicant to better understand how the examiner interprets the applied prior art. Such comments are entirely consistent with the intent & spirit of compact prosecution.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/26/2024 and 9/19/2024 filed before the mailing date of the non-final office action. The submission 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 1, 9-12 and 14 are objected to because of the following informalities: It recites the term "and/or", which is selective language, the examiner suggests using either the "and" term or the "or" term, otherwise the claim should be worded in a clearer fashion to claim both terms. For the purpose of this examination the examiner is selecting the "or" term from this selective language and interpreting the language associated to the selected limitation.
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.
Claim 13 is 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.
The phrase "associated with at least one recycled material identifier of the method of claim 1" renders the claim indefinite because it is unclear what exactly is required from the limitation of claim 1, if the associated identifier is the same one and what data related to the identifier is required for using the recycled battery material. See MPEP § 2173.05(f). For purpose of examination the claim will be rejected along the same basis as claim 1.
Claim Rejections - 35 USC § 101
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.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
In summary, Claim 15 recites a “A computer program element” with instructions that perform various functions. In the Specification fails to expressly defined the element as non-transitory. Thus, the broadest, reasonable interpretation of “A computer program element” encompasses nonstatutory subject matter (transmission media, software per se) that is unpatentable under 35 U.S.C. 101.
Accordingly, Claim 15 fails to recite statutory subject matter under 35 U.S.C. 101.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) (1, 3-14 and 15) is/are rejected under 35 U.S.C. 103 as being unpatentable over Borger et al. (US 20160371658), in view of Wolff et al. (US 20110225098).
In regards to claims (1, 12, and 15), Borges teaches computer-implemented method for operating a recycling process for processing recycled battery material (see at least para [para 29] discloses recycling materials including batteries : “For example, recyclable material 12 can be, among many other things, paper, plastic, wood, glass, metal, cardboard, compostable, and/or batteries”), the method comprising: providing one or more recycled material identifier(s) and corresponding recycled material data associated with the recycled battery material (see at least [para 48] “identification component 14 can be in, on, adhered to, or built into recyclable material 12. For example, identification component 14 can be part of a recyclable wrapper, box, or other packaging. As another example, identification component 14 can be part of the recyclable material 12 itself, such as a portion of an electronic device, a battery, or other recyclable material. Identification component 14 can be associated with recyclable material 12 at the time or point of manufacture, packaging, shipping, retail, and/or disposal, for example. Identification component 14 can be a simple transceiver, or can be associated with a database, processor, or wide variety of other components involved in the embodiments envisioned herein, or other recycling or trash management functions”. On [para] 49 “At step 120 of method 100, the system identifies the recyclable material 12”); determining at least one plant identifier associated with a plant for processing the recycled battery material as provided by recycled material data (see at least [para 51] “the controller identifies a vendor list based on location for handling the identified materials and routes a pickup request to an appropriate company, simultaneously optimizing a pickup time, route, and/or other factors”; providing plant assignment data comprising the at least one plant identifier and related recycled material identifier(s) (see at least [para 45] “For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available”. On [para 51] “At step 140 of method 100, the system creates and transmits handling instructions for the pickup of recyclable materials. The handling instructions can include, for example, a time that the items will be picked up, where the controller identifies a vendor list based on location for handling the identified materials and routes a pickup request to an appropriate company, simultaneously optimizing a pickup time, route, and/or other factors.”).
Although Borges teaches using identification data to coordinate pickup for recycling at a facility (see at least [para 49-51]) as provided above, it doesn’t specifically teach operating the recycling process by providing plant assignment data for controlling and/or monitoring one or more plant(s).
Wolff teaches operating the recycling process by providing plant assignment data for controlling and/or monitoring one or more plant(s) (see FIG. 4F and at least [para 77-78] teaches using identification data to control where the material is going within the recycling plant. On para 78 “receiving a recyclable at a materials recovery facility or a recycling center or station product… At block 332, the recyclable product is received at the materials recovery facility or the recycling center or station… The recyclable product is identified at block 334… The recyclable product may optionally be routed to an appropriate processing location based on the type of recyclable product, at block 338.”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use these teachings of Wolff and combine it with the teachings of Borges to accomplish providing plant assignment data for controlling and/or monitoring one or more plant, since a person skilled in the art would have been motivated for means of facilitating management, routing and disposal of the recyclable material on designated plant processes for the specific recyclable material.
In regards to claim 3, Borges teaches wherein the recycled material identifier relates to one or more material identifier package(s) relating battery identifiers according to at least one material configuration that is processable by at least one recycling plant (see at least [para 30] “For example, identification component 14 can be part of a recyclable wrapper, box, or other packaging. As another example, identification component 14 can be part of the recyclable material 12 itself, such as a portion of an electronic device, a battery, or other recyclable material. Identification component 14 can be associated with recyclable material 12 at the time or point of manufacture, packaging, shipping, retail, and/or disposal, for example ”. On [para 45] “For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available.” Also [para 48] “According to one embodiment, identification component 14 is all or part of the recyclable packaging that an item was stored in. Alternatively, identification component 14 can be in, on, adhered to, or built into recyclable material 12. For example, identification component 14 can be part of a recyclable wrapper, box, or other packaging”).
In regards to claim 4, Borges teaches wherein the recycled material identifier relates to one or more battery identifier(s) and corresponding material configuration data of the batteries recycled to provide the recycled battery material see at least [para 30] “For example, identification component 14 can be part of a recyclable wrapper, box, or other packaging. As another example, identification component 14 can be part of the recyclable material 12 itself, such as a portion of an electronic device, a battery, or other recyclable material. Identification component 14 can be associated with recyclable material 12 at the time or point of manufacture, packaging, shipping, retail, and/or disposal, for example”. Also [para 48] “According to one embodiment, identification component 14 is all or part of the recyclable packaging that an item was stored in. Alternatively, identification component 14 can be in, on, adhered to, or built into recyclable material 12. For example, identification component 14 can be part of a recyclable wrapper, box, or other packaging … Identification component 14 can be associated with recyclable material 12 at the time or point of manufacture, packaging, shipping, retail, and/or disposal, for example. Identification component 14 can be a simple transceiver, or can be associated with a database, processor, or wide variety of other components involved in the embodiments envisioned herein, or other recycling or trash management functions”).
In regards to claim 5, Borges teaches wherein the recycled material identifier relates to a material identifier package and corresponding material composition data associated with the recycled battery material (teaches based on the materials or elements of the recyclable materials, each are identified to be properly picked up and sent to the appropriate recycling facility. See [para 45] “Accordingly, the system can include a controller, processor, or other scheduling or controlling device to track the location and/or identity of recyclable material 12, and to send out one or more recycling pickup vehicle as needed … For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available”. On [para 48] “According to one embodiment, identification component 14 is all or part of the recyclable packaging that an item was stored in. Alternatively, identification component 14 can be in, on, adhered to, or built into recyclable material 12. For example, identification component 14 can be part of a recyclable wrapper, box, or other packaging. As another example, identification component 14 can be part of the recyclable material 12 itself, such as a portion of an electronic device, a battery, or other recyclable material. Identification component 14 can be associated with recyclable material 12 at the time or point of manufacture, packaging, shipping, retail, and/or disposal, for example. Identification component 14 can be a simple transceiver, or can be associated with a database, processor, or wide variety of other components involved in the embodiments envisioned herein, or other recycling or trash management functions”).
In regards to claim 6, Borges teaches further comprising: providing operation data associated with at least one operation property of the plant, wherein determining the at least one plant identifier includes selecting the plant identifier associated with the plant suitable for processing the recycled battery material associated with the recycled battery identifier data based on the operation data (See at least [para 45] “Accordingly, the system can include a controller, processor, or other scheduling or controlling device to track the location and/or identity of recyclable material 12, and to send out one or more recycling pickup vehicle as needed … According to one embodiment, the controller, processor, scheduling, or controlling device can be designed or programmed to schedule a pickup or alert a user among two or more different recycling companies. For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available”. On [para 51] “where the controller identifies a vendor list based on location for handling the identified materials and routes a pickup request to an appropriate company”).
In regards to claim 7, Borges teaches wherein determining the at least one plant identifier includes classification by classification instructions providing material processing data associated with one or more material processing data associated with one or more material configuration(s) processable by at least one plant (teaches the system identifies which plant can process specific material in order to pick up and deliver the appropriate material to the plant that can process it. See at least [para 45] “Accordingly, the system can include a controller, processor, or other scheduling or controlling device to track the location and/or identity of recyclable material 12, and to send out one or more recycling pickup vehicle as needed … According to one embodiment, the controller, processor, scheduling, or controlling device can be designed or programmed to schedule a pickup or alert a user among two or more different recycling companies. For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available”. On [para 51] “where the controller identifies a vendor list based on location for handling the identified materials and routes a pickup request to an appropriate company”).
In regards to claim 8, Borges teaches wherein determining the at least one plant identifier includes matching the at least one recycled material identifier and the at least one plant identifier based on a quantity related to an amount of recycled battery material and plant capacity data related to a capacity of the at least one plant (teaches the system identifies which plant can process specific material in order to pick up and deliver the appropriate material to the plant that can process it. The schedule pickup can be set for specific amounts of recyclable material. See at least [para 45] “Accordingly, the system can include a controller, processor, or other scheduling or controlling device to track the location and/or identity of recyclable material 12, and to send out one or more recycling pickup vehicle as needed … According to one embodiment, the controller, processor, scheduling, or controlling device can be designed or programmed to schedule a pickup or alert a user among two or more different recycling companies. For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available”. On [para 46] “According to one embodiment of the system, the user, mobile device, or other element identifies the recyclable material 12, the location of recyclable material 12, and/or the amount of recyclable material 12. The system 10 can also look up the type of material to be recycled by sending identification information to a server that compares the received information against a list for updated information. According to an embodiment, special handling instructions can be sent back to the user”. On [para 51] “where the controller identifies a vendor list based on location for handling the identified materials and routes a pickup request to an appropriate company… According to an embodiment, the controller, processor, scheduling, or controlling device can be designed or programmed to only schedule a recycling pickup vehicle if a predetermined number of recyclable material is available for pick up, or if a certain threshold of items along a particular route is available for pick up”).
In regards to claim 9, Borges teaches wherein determining the at least one plant identifier includes matching the at least one recycled material identifier and the at least one plant identifier based on process data associated with one or more recycling process(es) and/or material processing data associated with at least one material configuration processable by the at least one plant (teaches matching material with specific plant. See at least [para 45] “Accordingly, the system can include a controller, processor, or other scheduling or controlling device to track the location and/or identity of recyclable material 12, and to send out one or more recycling pickup vehicle as needed … According to one embodiment, the controller, processor, scheduling, or controlling device can be designed or programmed to schedule a pickup or alert a user among two or more different recycling companies. For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available”).
In regards to claim 10, Borges teaches wherein the recycled material data associated with the recycled battery material is provided by a decentral computing node associated with one or more recycling system(s), wherein operation data is provided by a decentral computing node associated with one or more plant(s) and/or one or more recycling system(s) (see FIG. 1-2 and at least [para 30, 41-42, 45, 47, 50-51]. Borges teaches communication with remote server which the system uses to receive and send data associated to identification and managing pickup and delivery of recyclable material to the appropriate recycling company. At least in [para 30] “Identification component 14 can be associated with recyclable material 12 at the time or point of manufacture, packaging, shipping, retail, and/or disposal, for example. Identification component 14 can be a simple transceiver, or can be associated with a database, processor, or wide variety of other components involved in the embodiments envisioned herein, or other recycling or trash management functions”. On [para 42] “Rather than store a local database of information that must be regularly or periodically updated, the mobile device 16 and/or the communication device 24 can query a remote database such as server 26”. On [para 47] “For example, system 10 can send a wired and/or wireless signal back through the same communication system that sent the signal from mobile device 16 to the remove server/database/controller 26”).
In regards to claim 11, Borges teaches further comprising providing transport and/or storing instructions based on plant assignment data (teaches transport instructions. See [para 45] “Accordingly, the system can include a controller, processor, or other scheduling or controlling device to track the location and/or identity of recyclable material 12, and to send out one or more recycling pickup vehicle as needed … For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available”).
In regards to claim 13, the claim is rejected along the same rationale as claim 1 as provided in the rejection above.
In regards to claim 14, Borges as modified by Wolff teach all the elements of claim 1 and further teach, the method comprising using the plant assignment data to transport, store, and/or recycle recycled battery material provided by recycling at least one component of a battery (teaches transport instructions. See [para 45] “Accordingly, the system can include a controller, processor, or other scheduling or controlling device to track the location and/or identity of recyclable material 12, and to send out one or more recycling pickup vehicle as needed … For example, company X may only pick up material X, while company Y only picks up material Y. The controller can tell company Y when material Y is available, and tell company X when material X is available”).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borger et al. (US 20160371658), in view of Wolff et al. (US 20110225098) as applied to claim 1 above, and further in view of Kruglick (US 20140106185).
In regards to claim 2, Borges teaches recycling batteries (see at least [para 29]), but doesn’t specifically teach wherein the recycled battery material comprises battery cell(s) or black mass material provided by recycling electrode elements of the batteries.
Kruglick teaches wherein the recycled battery material comprises battery cell(s) or black mass material provided by recycling electrode elements of the batteries (see at least [para 77] “In several examples, the methods may include physically sorting each of the plurality of rechargeable batteries for recycling among the plurality of recycling processes according to each corresponding battery condition and each corresponding identification code. The recycling processes may include one or more of: reselling rechargeable batteries; reusing rechargeable batteries; refurbishing rechargeable batteries; extracting individual rechargeable battery cells; and/or recycling one or more rechargeable battery materials”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use these teachings of Kruglick and combine it with the teachings of Borges to accomplish recycled battery material comprises battery cell(s) or black mass material provided by recycling electrode elements of the batteries, since a person skilled in the art would have been motivated for means of facilitating management and reuse of battery recyclable material which offers environmental, economic, and strategic advantages over mining and processing the raw material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Subramanian (US 20210131064): teaches material transport to plant including recycling plant.
Mikuriya et al. (US 20040113588): teaches method for recycling batteries, including identification of batteries.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIO M VELEZ-LOPEZ whose telephone number is (571)270-7971. The examiner can normally be reached on M-F 10:30am-5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman, can be reached at telephone number 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIO M VELEZ-LOPEZ/
Examiner, Art Unit 2118
/SCOTT T BADERMAN/Supervisory Patent Examiner, Art Unit 2118
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