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 .
Status of Claims
This is a final rejection in response to amendments/remarks filed on 06/09/2026. Claims 1, 10-12, and 14-15 are amended, and claim 16 is canceled without prejudice or disclaimer. New claims 17-21 have been added. Thus claims 1-12, 14-15, and 17-21 are pending and are examined herein.
Priority
This application is a 35 U.S.C. 371 application of PCT/EP2023/056908 filed on March, 17, 2023 (“Parent Application”).
Additionally, acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies of the priority documents have been received. The claims are entitled the benefit of the following European Patent Applications:
- EP application #22162950 filed on March 18, 2022, with an availability date of March 21, 2022
- EP application #22163005 filed on March 18, 2022, with an availability date of March 21, 2022
- EP application #22163003 filed on March 18, 2022, with an availability date of March 21, 2022
- EP application #22167945 filed on Apr 12, 2022, with an availability date of Apr 13, 2022
- EP application #22162951 filed on March 18, 2022, with an availability date of March 21, 2022
- EP application #22163004 filed on March 18, 2022, with an availability date of March 21, 2022
- EP application #22162988 filed on March 18, 2022, with an availability date of March 21, 2022
Therefore, the earliest effective filing date is March 21, 2022.
Provisional Non-Statutory Double Patenting
The examiner notes that the non-statutory double patenting rejection has been withdrawn in view of the present amendments. The claims have been amended to add wherein operating the product recycling process comprises generating machine-readable sorting instructions based on the package identifier or the collection of product identifiers associated with the material identifier package, transmitting the machine-readable sorting instructions to at least one sorting machine associated with the recycling system, and causing the at least one sorting machine to read product identifiers and sort products or components in accordance with the material identifier package, however, none of the claims in any of the reference applications teach or suggest such a feature, nor would it have been obvious to one of ordinary skill in the art to arrive at the full totality of the present claims as amended, including the steps of “receiving, by the one or more computing nodes…”, “determining, by the one or more computing nodes…”, “wherein the at least one material identifier package includes a package identifier associated with a collection of the product identifiers identifying products or components that are processable or to be processed together by the at least one plant;”, “providing, by the one or more computing nodes,” “operating, by the one or more computing nodes…”
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.
Claims 1-12, 14-15, and 17-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Is the claim to a Process, Machine, Manufacture, or Composition of Matter
The independent claims 1 and 11 are treated as the representative claims for the 2-step analysis. The dependent claims will be reanalyzed after the initial 2-step analysis on the independent claims. The representative claims are directed to:
Claims 1-10 : A computer-implemented method for operating a product recycling process for recycling of materials contained in products associated with at least one product identifier, the method comprising the steps of:
Claim 11: An apparatus for operating a product recycling process for recycling of materials contained in products associated with at least one product identifier, the apparatus comprising: one or more computing nodes; and one or more computer-readable media having thereon computer-executable instructions that are structured such that, when executed by the one or more computing nodes, cause the apparatus to perform the following steps:
Claim 15: A non-transitory computer-readable storage medium with instructions, which, when executed by at least one computing nodes of a computing environment, are configured to carry out the steps of the method according to claim 1.
The claims above are directed to at least one of the potentially eligible subject matter categories, “process, machine, or manufacture” and are therefore to be further analyzed under step 2.
Step 2a Prong 1: Is the claim reciting a Judicial Exception(A Law of Nature, a Natural Phenomenon (Product of Nature), or An Abstract Idea?)
Claim 1 and 11 recite the following, wherein the abstract idea has been bolded and the additional elements are italicized:
Claim 1: A computer-implemented method, performed by one or more computing nodes associated with a recycling system for operating a product recycling process for recycling of materials contained in products associated with at least one product identifier, the method comprising the steps of:
- receiving, by the one or more computing nodes, product identifiers and corresponding material configuration data associated with components of products to be recycled;
- determining, by the one or more computing nodes, at least one material identifier package by relating material configurations provided by the material configuration data to at least one material configuration processable or to be processed by at least one plant, wherein the at least one material identifier package includes a package identifier associated with a collection of the product identifiers identifying products or components that are processable or to be processed together by the at least one plant;
- providing, by the one or more computing nodes, at least one material identifier package usable for recycling of materials contained in products associated with the product identifiers; and
- operating, by the one or more computing nodes and based on the at least one material identifier package the product recycling process for recycling of materials contained in products associated with the product identifiers.
-wherein operating the product recycling process comprises generating machine-readable sorting instructions based on the package identifier or the collection of product identifiers associated with the material identifier package, transmitting the machine-readable sorting instructions to at least one sorting machine associated with the recycling system, and causing the at least one sorting machine to read product identifiers and sort products or components in accordance with the material identifier package.
Claim 11: An apparatus for operating a product recycling process for recycling of materials contained in products associated with at least one product identifier, the apparatus comprising: one or more computing nodes; and one or more computer-readable media having thereon computer-executable instructions that are structured such that, when executed by the one or more computing nodes, cause the apparatus to perform the following steps:
providing receiving at least one product identifier product identifiers and corresponding material configuration data associated with at least one component of the product components of products to be recycled;
determining at least one material identifier package by relating the at least one material configuration configurations provided by the material configuration data to at least one material configuration processable or to be processed by at least one plant, wherein the at least one material identifier package includes a package identifier associated with a collection of the product identifiers identifying products or components that are processable or to be processed together by the at least one plant;
providing the at least one material identifier package usable for recycling of materials contained in products including associated with the at least one product identifier product identifiers; and
operating, based on the at least one material identifier package, the product recycling process for recycling of materials contained in products associated with the at least one product identifier product identifiers,
wherein operating the product recycling process comprises generating machine-readable sorting instructions based on the package identifier or the collection of product identifiers associated with the material identifier package, transmitting the machine-readable sorting instructions to at least one sorting machine associated with the recycling system, and causing the at least one sorting machine to read product identifiers and sort products or components in accordance with the material identifier package.
When evaluating the bolded limitations of the claims under the broadest reasonable interpretation in light of the specification, it is clear that representative claims 1, and 11 recite an abstract idea within the category of “certain methods of organizing human activity.” This abstract idea grouping found in MPEP 2106.04(a)(2)(II) includes concepts related to “fundamental economic principles or practices,” “commercial or legal interactions,” and “managing personal behavior or relationships or interactions between people.” The present invention falls under “commercial or legal interactions” which include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. The claims in bold above at least recite an abstract idea because the steps fall within “commercial or legal interactions,” wherein the interactions are recited with such generality that they encompass instructions to an individual to carry out the “product recycling process.” Given its broadest reasonable interpretation in view of the specification, the claims are broad enough to encapsulate any operation of a recycling process subsequent to data analysis steps of “providing...”, “determining...”, and “providing...,” therefore the claims are merely reciting the outcome of determining the material identifier package and product recycling process based on a product identifier and stored material configuration data. This merely recites the idea of carrying out the business relations or commercial interactions, without specific technical steps. Therefore, the steps in bold recite at least “certain methods of organizing human activity.”
In the manner it is claimed as amended, performing a recycling process is at least a recitation of a business interaction, particularly when the steps are directed to managing the material product information and determining the appropriate plant or process in which to recycle the material. Even when considering the steps of “scanning” and generating “sorting instructions” these are no more than an instructions to carry out a particular business relation, without the level of detail necessary to meaningfully limit how the sorting occurs.
Therefore, the claims recite at least one abstract idea and are to be further analyzed under Step 2A Prong 2.
Step 2A Prong 2: Does the claim recite additional elements that integrate the judicial exception into a practical application?
Claims 1, 11, 12, and 15 recite the following additional elements:
- computer-implemented method in claim 1
- one or more computing nodes in claims 1 and 11
- machine-readable sorting instructions in claim 1
- apparatus comprising: one or more computing nodes; in claim 11
- one or more computer-readable media having thereon computer-executable instructions that are structured such that, when executed by the one or more computing nodes, cause the apparatus to perform the following steps: in claim 11
-sorting machine in claims 1 and 11
- A non-transitory computer-readable storage medium with instructions, which, when executed by at least one computing nodes of a computing environment, are configured to carry out the steps of the method according to claim 1. In claim 15
The additional elements are no more than a recitation of the words “apply it” (or an equivalent) or mere instructions to implement an abstract idea or other exception on a generic computing device. In this case, the abstract idea of determining and carrying out a product recycling process is performed on generic computing components such as a computer, computing nodes, computer-readable media, non-transitory computer readable medium, machine-readable media, and sorting machine. Since the claims merely recite the idea of the outcome or solution without providing a specific technical implementation, the claims are recited a high level of generality such that they are equivalent to “apply it.” (See MPEP 2106.05(f)). Since neither the claims nor the specification specify a particular mechanism that performs the scanning and sorting, or specifically defines the scope of a “sorting machine,” merely claiming the “sorting machine” does not meaningfully limit the claims to a particular way of sorting, whether that be physically sorting into different containers, or sorting the objects in a database. Therefore, the sorting machine is merely equivalent to “apply it” because it merely uses machinery in its ordinary capacity to perform the abstract idea. MPEP 2106.05(f) states, “Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more.” Even when considering the additional elements in combination, they are not recited at a level of specificity such that it would be apparent to one of ordinary skill in the art that an improvement to computer functionality or technology or a technical field is reflected within the scope of the claims. See MPEP 2106.05(a) for improvements to computer functionality, technology, or field of use.
Therefore, the claims are directed to an abstract idea without integration into a practical application.
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
Claims 1, 11, 12, and 15 recite the following additional elements:
- computer-implemented method in claim 1
- one or more computing nodes in claims 1 and 11
- machine-readable sorting instructions in claim 1
- apparatus comprising: one or more computing nodes; in claim 11
- one or more computer-readable media having thereon computer-executable instructions that are structured such that, when executed by the one or more computing nodes, cause the apparatus to perform the following steps: in claim 11
-sorting machine in claims 1 and 11
- Computer element with instructions, which, when executed by at least one computing nodes of a computing environment, are configured to carry out the steps of the method according to claim 1. In claim 15
These additional elements have not been found to include significantly more for the same reasons set forth in the Prong 2 rejection, specifically because the additional elements are generic computing devices(computer, computing nodes, computer-readable media, non-transitory computer readable medium, machine-readable media, and sorting machine) being used to carry out the abstract idea, as outlined in MPEP 2106.05(f). Furthermore, no improvements to these computing devices have been purported since they are generic computing components instructed to perform the abstract idea or are generic devices operating in their ordinary capacity. Even when viewed as a whole, nothing in the claims meaningfully limits the use of the abstract idea such that it is significantly more (an inventive concept). Therefore, the claims are directed to an abstract idea without significantly more.
Dependent Claims 2-10, 12, 14-15, and 17-21 have been analyzed, both individually and in combination with the claims they depend on, under the full 2-step eligibility analysis:
Claims 2, 4, 5 further limit the abstract idea by defining the type of information within the material identifier package such as “material configuration data relates to the chemical composition of at least one component of the product (claim 2),” “Gathering of product identifiers with products of components to be recycled with the material configuration processable by the recycling plant (claim 4), and “material composition data determined from the product identifiers and corresponding material configuration data.” This is more of the same abstract idea because these steps merely define the type of data collected/stored in the package, but the exchange of this information is still business relations as it is storing/providing business information, which still falls within “certain methods of organizing human activity.” No further additional elements have been added, therefore, even in combination with the previous additional elements, the claims are still equivalent to “apply it” or mere instructions to perform the abstract idea on a general purpose computer or generic computing components (MPEP 2106.05(f)). Even when viewed as a whole, nothing in the claims meaningfully limits the abstract idea such that it is significantly more (an inventive concept). Therefore, claims 2, 4, 5 are still patent ineligible under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
Claims 3, 9, and 17 further defines the abstract idea by merely limiting the source of the “material configuration data” to be provided from/or accessed by a “decentral computing node” associated with a producer. This is more of the same abstract idea but with the additional element of a “decentral computing node” which is still no more than a generic computing component in which the abstract idea is implemented. Even in combination with the previous additional elements, the claims are still equivalent to “apply it” or mere instructions to perform the abstract idea on a general purpose computer or generic computing components (MPEP 2106.05(f)). Even when viewed as a whole, nothing in the claims meaningfully limits the abstract idea such that it is significantly more (an inventive concept). Therefore, claims 3, 9, and 17 are still patent ineligible under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
Claims 6, 7, 18, and 19 further limit the abstract idea by adding “classification instructions” to the material identifier package, which provide the material configuration processable by a plant, wherein in claim 7 the classification instructions gather product identifiers. This concept of “classification instructions” still falls under “certain methods of organizing human activity” because they are merely business relationships or mere instructions to perform “commercial or legal interactions” because they determine which materials can be processed by particular plants. The only further additional element is “partially decentral computing environment” in claim 7, which is merely a generic computing component in which the classification instructions are being performed on. Therefore, whether considering the additional elements individually or in combination with the previous additional elements, the claims are still equivalent to “apply it” or mere instructions to perform the abstract idea on a general purpose computer or generic computing components (MPEP 2106.05(f)). Even when viewed as a whole, nothing in the claims meaningfully limits the abstract idea such that it is significantly more (an inventive concept). Therefore, claims 6, 7, 18, 19 are still patent ineligible under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
Claim 8 merely adds the additional element of a “sensor” to read the product identifier element, wherein the product identifier element is physically connected to the product. This is more of the same abstract idea because it is merely storing or collecting information towards performing the abstract idea. The additional element of using a “sensor to read the product identifier element” is still an “apply it” element because it is no more than using a device in its ordinary capacity to perform data collection steps towards the abstract idea(using a sensor to scan a barcode attached to a product). Therefore, whether considering the additional elements individually or in combination with the previous additional elements, the claims are still equivalent to “apply it” or mere instructions to perform the abstract idea on a general purpose computer or generic computing components (MPEP 2106.05(f)). Even when viewed as a whole, nothing in the claims meaningfully limits the abstract idea such that it is significantly more (an inventive concept). Therefore, claim 8 is still patent ineligible under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
Claim 10 further limits the abstract idea by limiting the “recycling process” to be operated by providing the material identifier package for controlling or monitoring recycling systems. However, the claims are still recited at such a high-level of generality that they are mere business relations, and the activity itself can be performed in the human mind (mental process). Nothing in the claims meaningfully limits how the material identifier package is related to the operation of the recycling process, nor do the steps recite a specific implementation to control or monitor recycling systems beyond what is capable in the human mind. There are no further additional elements to consider, and even in combination with the previous additional elements, the claims are still equivalent to “apply it” or mere instructions to perform the abstract idea on a general purpose computer or generic computing components (MPEP 2106.05(f)). Even when viewed as a whole, nothing in the claims meaningfully limits the abstract idea such that it is significantly more (an inventive concept). Therefore, claim 10 is still patent ineligible under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
Claim 12 further limits the abstract idea by claiming a method for using the product, comprising at least one product identifier element comprising a product identifier by reading the product identifier element and generating at least one material identifier package. This is more of the same abstract idea of “certain methods of organizing human activity” as it still falls within the scope of business relations and the steps of “reading” the product identifier element and “generating” the material identifier package are recited at such a high level of generality that they can practically be performed in the human mind. There are no further additional elements to consider, and even in combination with the previous additional elements, the claims are still equivalent to “apply it” or mere instructions to perform the abstract idea on a general purpose computer or generic computing components (MPEP 2106.05(f)). Even when viewed as a whole, nothing in the claims meaningfully limits the abstract idea such that it is significantly more (an inventive concept). Therefore, claim 10 is still patent ineligible under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
Claims 14 and 21 further limits the abstract idea by specifying that the recycling process results in “sorting, collecting, transporting, storing, and/or recycling instructions based on the provided material identifier package” or “controlling and monitoring” the plant. However, this is more of the same abstract idea because there is no positive recitation of actual steps for sorting, collecting, etc; it is merely a series of instructions to an individual or business entity to perform the steps. Even when considering that the recycling process now involves steps for sorting, collecting, transporting...these instructions can still be practically performed in the human mind, without or without a physical aid. There are no further additional elements to consider, and even in combination with the previous additional elements, the claims are still equivalent to “apply it” or mere instructions to perform the abstract idea on a general purpose computer or generic computing components (MPEP 2106.05(f)). Even when viewed as a whole, nothing in the claims meaningfully limits the abstract idea such that it is significantly more (an inventive concept). Therefore, claim 14 and 21 is still patent ineligible under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
Claim 15 merely add the additional element of the steps of claim 1 and 11 respectively being carried out on a “Computer element with instructions, which, when executed by at least one computing nodes of a computing environment, are configured to carry out the steps of the method.” The abstract idea remains unchanged because the steps from claim 1 and claim 11 remain the same. The additional element of the computer element, with instructions carried out on computing nodes of a computing environment is still equivalent to “apply it” because it is merely instructing the steps to be performed on generic computing component. Therefore, whether considering the additional elements individually or in combination with the previous additional elements, the claims are still equivalent to “apply it” or mere instructions to perform the abstract idea on a general purpose computer or generic computing components (MPEP 2106.05(f)). Even when viewed as a whole, nothing in the claims meaningfully limits the abstract idea such that it is significantly more (an inventive concept). Therefore, claim 15 are still patent ineligible under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
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 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 1-12, 14-15, and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Stöcker et al. (US 20190295045 A1) hereinafter Stöcker in view of Michael David Shrout (US 20210170451 A1) hereinafter Shrout.
Regarding Claim 1:
Stöcker discloses. Stöcker teaches:
-A computer-implemented method, performed by one or more computing nodes associated with a recycling system for operating a product recycling process for recycling of materials contained in products associated with at least one product identifier, the method comprising the steps of: (Stöcker [0012] A raw material and/or recycling system according to the present application is configured to enable an efficient recycling of any produced and/or used recyclable material element. A recyclable material element is any element (e.g. a liquid material or a solid material or gaseous material) which can (and should) be recycled. [0013] The present system comprises at least one recyclable material element processing unit at least in form of at least one tagging unit. The tagging unit is configured to provide at least identifier to at least one recyclable material element. This means that an identifier is (uniquely) associated and linked, respectively, with a recyclable material element. Preferably, each recyclable material element can be provided with a respective identifier. [0078] A further aspect of the present application is a method for operating a raw material and/or recycling system, in particular, a previously described raw material and/or recycling system. [0011] By the fact that instead of a central server or a platform, a peer-to-peer network (also called a framework) undertakes the in particular tamper-proof controlling of the raw material and/or recycling system, by means of a peer-to-peer application, high security standards are achieved in that all computers (peer nodes or simply nodes) in the peer-to-peer network, at least a part of the nodes in the peer-to-peer network, at least monitor(s) preferably each process, in particular, by executing e.g. the registering means. Thereby, the transaction costs can be significantly reduced. No central, superior platform, server, cloud, etc. is required. The complexity of managing and controlling a raw material and/or recycling system can be significantly reduced.)
- receiving, by the one or more computing nodes, product identifiers and corresponding material configuration data associated with components of products to be recycled; (Stöcker [0031] The recyclable material element processing unit may comprise at least one of a further status detecting tool and a reading tool configured to detect the identifier provided to the recyclable material element. At least one further peer-to-peer module may be assigned to the further recyclable material element processing unit and may be configured to provide at least the detected identifier and at least one further status parameter data set to the peer-to-peer application [0034] For instance, based on a detected identifier of a (used) recyclable material element the corresponding treatment parameter data set can be received from the peer-to-peer application. For instance, based on a request message comprising the detected identifier, the peer-to-peer application may send a response comprising the respective treatment parameter data set. [0032] Examples of treatment parameter(s) include information about the composition/ingredients (e.g. in percent by weight per ingredient) of the recyclable material element, [0125] Preferably, each of the recyclable material element processing units 304, 330, 332, 334, 336 can comprise a (not shown for sake of clarity) reading tool, respectively, for detecting or reading out an identifier of a container 306 to 306.4.) The “product to be recycled” is Stöcker’s “recyclable material element.” The treatment parameter data includes information about the composition/ingredients, thus the limitation is satisfied. There are multiple containers being identified.
- determining, by the one or more computing nodes, at least one material identifier package by relating material configurations provided by the material configuration data to at least one material configuration processable or to be processed by at least one plant; (Stöcker [0151] The present block chain 422 is particularly adapted to receive messages, such as messages comprising an identifier (provided to a recyclable material element or detected from a recyclable material element) and/or status parameter data set(s), treatment parameter data set(s), authentication result(s), etc., from a peer-to-peer module of a previously described recyclable material element processing unit. [0024] Preferably, further data can be stored in the registry storage and/or a further created storage (e.g. a digital product memory) linked to the respective identifier of a product in order to store data about a product comprising one or more recyclable material elements. The digital product memory (or the additionally stored data) may store any kind of data about the product, a list of (one or more) recyclable material element(s) or product component(s) and/or treatment parameter(s). It shall be understood that the treatment parameter(s) can also comprise instructions how to decompose a product into components/recyclable material elements that can be recycled individually, as will be explained hereinafter. Each of the product components might have its own identifier. [0137] The recycling unit 336 may have one or more recycling tools 352. For instance, a recycling tool 352 may be a cleaning tool configured to clean a used/returned container 306.3. [0140] Then, the recycling tool 352 can be (automatically) operated at least based on the received treatment parameter data set e.g. comprising allowed (and/or optimal) cleaning agent(s), maximum allowed (and/or optimal) cleaning temperature, or any other physical, chemical, biological treatment rules, etc. [0034] A further peer-to-peer module assigned to the recycling unit may be at least configured to receive the stored treatment parameter data set related to the recyclable material element (to be processed) from the peer-to-peer application. The recycling unit may be configured to analyze the received treatment parameter data set in order to provide each of the recycling tool(s) of the recycling unit with the respective one or more treatment parameter(s).) The broadest reasonable interpretation (BRI) in view of the specification of “material identifier package,” according to page 8 of the specification is any data structure including data for collecting, sorting, transporting, instructions, component identifiers, product classification data, operation and processing requirement data. In other words “material identifier package” is interpreted to be any dataset accompanying a recycle material element which informs an allocation of products or components to be recycled. Therefore, the digital product memory of Stöcker which includes both the “status parameter data set,” and “treatment parameter data set” falls within the scope of material identifier package. The “relating” limitation is satisfied in [0034] because the treatment parameters are provided in line with the available recycling tools and the appropriate rules for the particular material.
- providing, by the one or more computing nodes, at least one material identifier package usable for recycling of materials contained in products associated with the product identifiers; and(Stöcker [0130] A further peer-to-peer module 314.2 to 314.5 may provide a further status parameter data set (e.g. ‘newly produced’, identifier of the production unit 330, identifier(s) of the used production tool(s), etc.) and, preferably, at least one treatment parameter data set to the peer-to-peer application 322.)
- operating, by the one or more computing nodes and based on the at least one material identifier package the product recycling process for recycling of materials contained in products associated with the product identifiers. (Stöcker [0140] Then, the recycling tool 352 can be (automatically) operated at least based on the received treatment parameter data set e.g. comprising allowed (and/or optimal) cleaning agent(s), maximum allowed (and/or optimal) cleaning temperature, or any other physical, chemical, biological treatment rules, etc. [0141] Another example of a recycling tool 352 may be a tool for regaining the used starting materials 354 from the used container 306.3 e.g. by a heating and sorting process. Such a tool may (also) be operated at least based on the received treatment parameter data set e.g. comprising the originally used starting material, weighting specifications (e.g. percent by weight), etc.)
However, Stocker fails to teach:
-wherein the at least one material identifier package includes a package identifier associated with a collection of the product identifiers identifying products or components that are processable or to be processed together by the at least one plant;
- wherein operating the product recycling process comprises generating machine-readable sorting instructions based on the package identifier or the collection of product identifiers associated with the material identifier package,
- transmitting the machine-readable sorting instructions to at least one sorting machine associated with the recycling system, and
- causing the at least one sorting machine to read product identifiers and sort products or components in accordance with the material identifier package.
Alternatively, Shrout discloses a system for marking and encoding materials to enable automated sorting of recycled items. Shrout teaches:
-wherein the at least one material identifier package includes a package identifier associated with a collection of the product identifiers identifying products or components that are processable or to be processed together by the at least one plant;(Shrout [0045] At step 160, it is determined whether the item comprises a material identification marker (sometimes referred to as a “material marker” for conciseness), which, as described above, may have been entered or scanned into the database. If no material identification marker is found, the item proceeds to alternate sorting in step 162. If a material identification marker is found, then the system continues in step 164 by sending the information received from the material marker to the database for processing and comparison…Further, the scanned information may be sent through a wired or wireless connection to the database and processor. At step 166, the system determines whether the material identification marker is found in the database (e.g., is there information in the database to instruct the sorter?). If no corresponding material identification marker is found in the database or there is no information associated with the marker in the database, then the system continues to step 162 for alternate sorting. It will be appreciated that alternate sorting may include sorting by human beings or other types of scanning or computer-controlled sorters... If a corresponding match to the material identification marker is found in the database, then at step 168, sorting instructions (pre-programmed actions/steps) are sent to the robotic system 130 to sort the items, where, at step 170, the recyclable items are sorted based on the received information from the database/processor. In some embodiments, particularly where a QR code or other symbol may be encoded to contain computer-readable information, transmitting to a database 126 may not be needed. For example, a material identification marker may comprise computer readable information about the composition, color, trademark, etc. of recyclable item. Upon scanning the material identification marker, the system may process the instructions received from the encoded computer-readable information (much like a QR code has encoded information and does not require connectivity to a network or database to retrieve encoded information therein).) In the excerpt above, it is clear that the database stores a list of identification markers that the robotic sorter (plant) is capable of processing.
- wherein operating the product recycling process comprises generating machine-readable sorting instructions based on the package identifier or the collection of product identifiers associated with the material identifier package, (Shrout [0037] It should be noted that the encoded visual or other type of information, such as color, texture, shape, trademark, or any combination, may be in the stored information in the database 126. In particular, the information may be stored in the database 126 and sent to the robotic system 130, which can analyze the material identification markers on the items 102 and sort the items 102 properly using sorter arms or other sorting machines/methods. In such a scenario, the robotic system would comprise microcontrollers or other processors capable of processing and comparing the data and executing pre-programmed instructions based upon the processed data.)
- transmitting the machine-readable sorting instructions to at least one sorting machine associated with the recycling system, and (Shrout [0039] While the stored information in the database 126 may be sent to, and analyzed by, the robotic system 130, it may also be sent to the database 126 for processing, which may be offsite. For example, once the robotic system 130 with machine vision 132 scans a material identification marker (e.g., 101), the robotic system 130 may transmit the information (through a wireless or wired connection) to a database 126 capable of processing the received information, comparing it against the information stored in the database, and sending one or more instructions back the robotic system 130 for action, such as the type of material identified and how to sort the item. The processor may then process the information, comparing the received signal with the stored information, and send a signal back to the robotic system with information directing the robotic system on how to sort the recyclable item 102. For example, the robotic system 130 may identify a marker 101 on an object 102 (via a scanner, camera, etc.), send the information programmed in the marker to the database 126 for processing, the database 126 may process and locate the corresponding marker in the database to identify the material type (e.g., glass), and send instructions to the robotic system 130 to sort the material to a receiving bin on the right side, in a non-limiting example, of the conveyor, which corresponds to glass.)
- causing the at least one sorting machine to read product identifiers and sort products or components in accordance with the material identifier package.(Shrout [0043] Upon finding a match in the database (e.g., a material identification marker defines the item 102 as being made from aluminum), instructions (pre-programmed actions) are sent to a sorter to sort the item 102 into an aluminum bin. This may be accomplished using standard sorting systems known in the art, robot grippers, or other known sorters. If the recyclable items are not recognized by the machine vision (e.g., material identification marker not found or detected), then at step 150 the system proceeds to alternate sorting. It will be appreciated that alternate sorting may include sorting by human beings or other types of scanning or computer-controlled sorters.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present disclosure to modify Stocker by adding the database of identifiers processable by the sorter, and robotic sorter of Shrout, which when combined would arrive at the predictable outcome of the claimed invention. One of ordinary skill in the art would have been motivated to perform this combination as it would provide the benefit of automating, making cost-effective, and expedited the process of sorting particular goods as to reduce the amount of recyclable product placed in the landfills. (Shrout [0030] It will be appreciated that the method and system of marking will automate and make cost-effective a process that currently relies primarily on human labor. The recyclable item could have a single material identification marker, multiple material identification markers wrapped around the body of the item, an array of material identification markers, or any other marker configuration. Any manufacturer of consumer products could apply the material identification markers to the outside surface of their product, ensuring that when it is disposed of it can be recycled properly. The system may also enable automated systems to be faster and more accurate than humans, thereby increasing the amount of recyclable material that is processed for recycling and decreasing the amount of product placed in landfills.)
Regarding Claim 11:
Claim 11 Preamble: An apparatus for operating a product recycling process for recycling of materials contained in products associated with at least one product identifier, the apparatus comprising: one or more computing nodes; (Stöcker [0011] In contrast to prior art systems, registering recyclable material elements and maintaining their data can be conducted in a more efficient and more secure way by at least executing a registering means by at least a part (e.g. >1) of the nodes of a peer-to-peer network. In other words, a raw material and/or recycling system can be managed and controlled without a central instance but by a peer-to-peer application of a peer-to-peer network. By the fact that instead of a central server or a platform, a peer-to-peer network (also called a framework) undertakes the in particular tamper-proof controlling of the raw material and/or recycling system, by means of a peer-to-peer application, high security standards are achieved in that all computers (peer nodes or simply nodes) in the peer-to-peer network, at least a part of the nodes in the peer-to-peer network, at least monitor(s) preferably each process, in particular, by executing e.g. the registering means.)
- and one or more computer-readable media having thereon computer-executable instructions that are structured such that, when executed by the one or more computing nodes, cause the apparatus to perform the following steps: (Stöcker [0085] Generally, a module or means can be formed by software and/or hardware. An unit can comprise hardware (processor, memory, etc.) and/or software (operating system, etc.). [0053] In a further embodiment, executable means of an external computing device controlled by the peer-to-peer application may include algorithm(s) for de-central cognitive analytics, artificial intelligence or machine learning. Analytics and learning can be shared with other entities, aggregated and further analyzed via the peer-to-peer application(s).)
- receiving product identifiers and corresponding material configuration data associated with component of products to be recycled; (Stöcker [0031] The recyclable material element processing unit may comprise at least one of a further status detecting tool and a reading tool configured to detect the identifier provided to the recyclable material element. At least one further peer-to-peer module may be assigned to the further recyclable material element processing unit and may be configured to provide at least the detected identifier and at least one further status parameter data set to the peer-to-peer application [0034] For instance, based on a detected identifier of a (used) recyclable material element the corresponding treatment parameter data set can be received from the peer-to-peer application. For instance, based on a request message comprising the detected identifier, the peer-to-peer application may send a response comprising the respective treatment parameter data set. [0032] Examples of treatment parameter(s) include information about the composition/ingredients (e.g. in percent by weight per ingredient) of the recyclable material element,) The “product to be recycled” is Stöcker’s “recyclable material element.” The treatment parameter data includes information about the composition/ingredients, thus the limitation is satisfied.
- determining at least one material identifier package by relating the at least one material configuration provided by the material configuration data to at least one material configuration processable or to be processed by at least one plant; (Stöcker [0151] The present block chain 422 is particularly adapted to receive messages, such as messages comprising an identifier (provided to a recyclable material element or detected from a recyclable material element) and/or status parameter data set(s), treatment parameter data set(s), authentication result(s), etc., from a peer-to-peer module of a previously described recyclable material element processing unit. [0024] Preferably, further data can be stored in the registry storage and/or a further created storage (e.g. a digital product memory) linked to the respective identifier of a product in order to store data about a product comprising one or more recyclable material elements. The digital product memory (or the additionally stored data) may store any kind of data about the product, a list of (one or more) recyclable material element(s) or product component(s) and/or treatment parameter(s). It shall be understood that the treatment parameter(s) can also comprise instructions how to decompose a product into components/recyclable material elements that can be recycled individually, as will be explained hereinafter. Each of the product components might have its own identifier. [0137] The recycling unit 336 may have one or more recycling tools 352. For instance, a recycling tool 352 may be a cleaning tool configured to clean a used/returned container 306.3. [0140] Then, the recycling tool 352 can be (automatically) operated at least based on the received treatment parameter data set e.g. comprising allowed (and/or optimal) cleaning agent(s), maximum allowed (and/or optimal) cleaning temperature, or any other physical, chemical, biological treatment rules, etc. [0034] A further peer-to-peer module assigned to the recycling unit may be at least configured to receive the stored treatment parameter data set related to the recyclable material element (to be processed) from the peer-to-peer application. The recycling unit may be configured to analyze the received treatment parameter data set in order to provide each of the recycling tool(s) of the recycling unit with the respective one or more treatment parameter(s).) The broadest reasonable interpretation (BRI) in view of the specification of “material identifier package,” according to page 8 of the specification is any data structure including data for collecting, sorting, transporting, instructions, component identifiers, product classification data, operation and processing requirement data. In other words “material identifier package” is interpreted to be any dataset accompanying a recycle material element which informs an allocation of products or components to be recycled. Therefore, the digital product memory of Stöcker which includes both the “status parameter data set,” and “treatment parameter data set” falls within the scope of material identifier package. The “relating” limitation is satisfied in [0034] because the treatment parameters are provided in line with the available recycling tools and the appropriate rules for the particular material.
- providing the at least one material identifier package usable for recycling of materials contained in products including the at least one product identifier; and(Stöcker [0130] A further peer-to-peer module 314.2 to 314.5 may provide a further status parameter data set (e.g. ‘newly produced’, identifier of the production unit 330, identifier(s) of the used production tool(s), etc.) and, preferably, at least one treatment parameter data set to the peer-to-peer application 322.)
- operating based on the at least one material identifier package the product recycling process for recycling of materials contained in products associated with the at least one product identifier. (Stöcker [0140] Then, the recycling tool 352 can be (automatically) operated at least based on the received treatment parameter data set e.g. comprising allowed (and/or optimal) cleaning agent(s), maximum allowed (and/or optimal) cleaning temperature, or any other physical, chemical, biological treatment rules, etc. [0141] Another example of a recycling tool 352 may be a tool for regaining the used starting materials 354 from the used container 306.3 e.g. by a heating and sorting process. Such a tool may (also) be operated at least based on the received treatment parameter data set e.g. comprising the originally used starting material, weighting specifications (e.g. percent by weight), etc.)
However, Stocker fails to teach:
-wherein the at least one material identifier package includes a package identifier associated with a collection of the product identifiers identifying products or components that are processable or to be processed together by the at least one plant;
- wherein operating the product recycling process comprises generating machine-readable sorting instructions based on the package identifier or the collection of product identifiers associated with the material identifier package,
- transmitting the machine-readable sorting instructions to at least one sorting machine associated with the recycling system, and
- causing the at least one sorting machine to read product identifiers and sort products or components in accordance with the material identifier package.
Alternatively, Shrout discloses a system for marking and encoding materials to enable automated sorting of recycled items. Shrout teaches:
-wherein the at least one material identifier package includes a package identifier associated with a collection of the product identifiers identifying products or components that are processable or to be processed together by the at least one plant;(Shrout [0045] At step 160, it is determined whether the item comprises a material identification marker (sometimes referred to as a “material marker” for conciseness), which, as described above, may have been entered or scanned into the database. If no material identification marker is found, the item proceeds to alternate sorting in step 162. If a material identification marker is found, then the system continues in step 164 by sending the information received from the material marker to the database for processing and comparison…Further, the scanned information may be sent through a wired or wireless connection to the database and processor. At step 166, the system determines whether the material identification marker is found in the database (e.g., is there information in the database to instruct the sorter?). If no corresponding material identification marker is found in the database or there is no information associated with the marker in the database, then the system continues to step 162 for alternate sorting. It will be appreciated that alternate sorting may include sorting by human beings or other types of scanning or computer-controlled sorters... If a corresponding match to the material identification marker is found in the database, then at step 168, sorting instructions (pre-programmed actions/steps) are sent to the robotic system 130 to sort the items, where, at step 170, the recyclable items are sorted based on the received information from the database/processor. In some embodiments, particularly where a QR code or other symbol may be encoded to contain computer-readable information, transmitting to a database 126 may not be needed. For example, a material identification marker may comprise computer readable information about the composition, color, trademark, etc. of recyclable item. Upon scanning the material identification marker, the system may process the instructions received from the encoded computer-readable information (much like a QR code has encoded information and does not require connectivity to a network or database to retrieve encoded information therein).) In the excerpt above, it is clear that the database stores a list of identification markers that the robotic sorter (plant) is capable of processing.
- wherein operating the product recycling process comprises generating machine-readable sorting instructions based on the package identifier or the collection of product identifiers associated with the material identifier package, (Shrout [0037] It should be noted that the encoded visual or other type of information, such as color, texture, shape, trademark, or any combination, may be in the stored information in the database 126. In particular, the information may be stored in the database 126 and sent to the robotic system 130, which can analyze the material identification markers on the items 102 and sort the items 102 properly using sorter arms or other sorting machines/methods. In such a scenario, the robotic system would comprise microcontrollers or other processors capable of processing and comparing the data and executing pre-programmed instructions based upon the processed data.)
- transmitting the machine-readable sorting instructions to at least one sorting machine associated with the recycling system, and (Shrout [0039] While the stored information in the database 126 may be sent to, and analyzed by, the robotic system 130, it may also be sent to the database 126 for processing, which may be offsite. For example, once the robotic system 130 with machine vision 132 scans a material identification marker (e.g., 101), the robotic system 130 may transmit the information (through a wireless or wired connection) to a database 126 capable of processing the received information, comparing it against the information stored in the database, and sending one or more instructions back the robotic system 130 for action, such as the type of material identified and how to sort the item. The processor may then process the information, comparing the received signal with the stored information, and send a signal back to the robotic system with information directing the robotic system on how to sort the recyclable item 102. For example, the robotic system 130 may identify a marker 101 on an object 102 (via a scanner, camera, etc.), send the information programmed in the marker to the database 126 for processing, the database 126 may process and locate the corresponding marker in the database to identify the material type (e.g., glass), and send instructions to the robotic system 130 to sort the material to a receiving bin on the right side, in a non-limiting example, of the conveyor, which corresponds to glass.)
- causing the at least one sorting machine to read product identifiers and sort products or components in accordance with the material identifier package.(Shrout [0043] Upon finding a match in the database (e.g., a material identification marker defines the item 102 as being made from aluminum), instructions (pre-programmed actions) are sent to a sorter to sort the item 102 into an aluminum bin. This may be accomplished using standard sorting systems known in the art, robot grippers, or other known sorters. If the recyclable items are not recognized by the machine vision (e.g., material identification marker not found or detected), then at step 150 the system proceeds to alternate sorting. It will be appreciated that alternate sorting may include sorting by human beings or other types of scanning or computer-controlled sorters.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present disclosure to modify Stocker by adding the database of identifiers processable by the sorter, and robotic sorter of Shrout, which when combined would arrive at the predictable outcome of the claimed invention. One of ordinary skill in the art would have been motivated to perform this combination as it would provide the benefit of automating, making cost-effective, and expedited the process of sorting particular goods as to reduce the amount of recyclable product placed in the landfills. (Shrout [0030] It will be appreciated that the method and system of marking will automate and make cost-effective a process that currently relies primarily on human labor. The recyclable item could have a single material identification marker, multiple material identification markers wrapped around the body of the item, an array of material identification markers, or any other marker configuration. Any manufacturer of consumer products could apply the material identification markers to the outside surface of their product, ensuring that when it is disposed of it can be recycled properly. The system may also enable automated systems to be faster and more accurate than humans, thereby increasing the amount of recyclable material that is processed for recycling and decreasing the amount of product placed in landfills.)
Regarding Claim 2:
The combination of Stocker and Shrout teach The method according to claim 1,
Furthermore, Stocker teaches:
- wherein the material configuration data relates to the chemical composition of at least one component of the product. (Stöcker [0012] A raw material and/or recycling system according to the present application is configured to enable an efficient recycling of any produced and/or used recyclable material element. A recyclable material element is any element (e.g. a liquid material or a solid material or gaseous material) which can (and should) be recycled. Non-exhaustive examples of typical recyclable material element comprises any kind of containers or packages, any kind of electronic devices, any kind of cloths, any kind of waste products in the manufacturing industry, plastic materials, chemicals, fuels, metals, biological substance, etc. [130] A treatment parameter data set can comprise information about the used starting material(s) of a produced container 306 (e.g. chemical formula of each starting material/ingredient and their respective portion (e.g. percent by weight)),)
Regarding Claim 3:
The combination of Stocker and Shrout teach The method according to claim 1,
Furthermore, Stocker teaches:
- wherein the material configuration data associated with the material used to produce the product or the component of the product is provided by a decentral computing node associated with a producer producing or using the material. (Stöcker [0109] The peer-to-peer application 224 may be configured to manage and control the raw material and/or recycling system 200. [0112] Such a peer-to-peer module 214 is configured to provide (only) access to the peer-to-peer application 222 e.g. via an API (application programming interface). Each peer-to-peer module 214 (also a node or light node) may comprise a decentral application and at least an API. [0127] A first recyclable material element processing unit 330 may be a production unit 330. The production unit 330 of a production entity (e.g. fabric) may comprise one or more producing tool(s) 331 configured to produce one or more container(s) 306. [0130] A further peer-to-peer module 314.2 to 314.5 may provide a further status parameter data set (e.g. ‘newly produced’, identifier of the production unit 330, identifier(s) of the used production tool(s), etc.) and, preferably, at least one treatment parameter data set to the peer-to-peer application 322. A treatment parameter data set can comprise information about the used starting material(s) of a produced container 306 (e.g. chemical formula of each starting material/ingredient and their respective portion (e.g. percent by weight)),) The peer-to-peer module, of the production unit provides the status parameter data set(including the starting materials of a produced container). Therefore, the limitation has been satisfied.
Regarding Claim 4:
The combination of Stocker and Shrout teach The method according to claim 1,
Furthermore, Stocker teaches:
- wherein the at least one material identifier package includes a gathering of product identifiers associated with products or components to be recycled and/or with the at least one material configuration processable or to be processed by at least one recycling plant. (Stöcker [0024] Preferably, further data can be stored in the registry storage and/or a further created storage (e.g. a digital product memory) linked to the respective identifier of a product in order to store data about a product comprising one or more recyclable material elements. The digital product memory (or the additionally stored data) may store any kind of data about the product, a list of (one or more) recyclable material element(s) or product component(s) and/or treatment parameter(s). It shall be understood that the treatment parameter(s) can also comprise instructions how to decompose a product into components/recyclable material elements that can be recycled individually, as will be explained hereinafter. Each of the product components might have its own identifier. [0034] A further peer-to-peer module assigned to the recycling unit may be at least configured to receive the stored treatment parameter data set related to the recyclable material element (to be processed) from the peer-to-peer application) Stöcker [0024] teaches the gathering of product identifiers associated with products or components (a list of recyclable material elements.) [0034] teaches the product identifiers associated with the at least one material configuration to be processed by at least one recycling plant (to be processed). Therefore, the limitation is satisfied.
Regarding Claim 5:
The combination of Stocker and Shrout teach The method according to claim 1,
Furthermore, Stocker teaches:
- wherein the at least one material identifier package includes material composition data associated with the recycled material as produced from at least one recycled component of the product, (Stöcker [0142] A cleaned container 306.4 can e.g. be forwarded to the tagging unit e.g. in order to re-register the container 306.4 or to a filling station (then the same code element and identifier, respectively, can be maintained). A regained starting material 354 can e.g. be forwarded to the production unit 330 in order to produce a new container 306. [0130] A treatment parameter data set can comprise information about the used starting material(s) of a produced container 306) the “starting materials of a produced container,” satisfies “the recycled material as produced from at least one recycled component,” since the regained starting material is used to produce a new container.
- wherein the material composition data is determined from the product identifiers and their corresponding material configuration data. (Stöcker [0033] The registering means may be further configured to store at least one treatment parameter data set related to the recyclable material element together with the identifier of the recyclable material element in the registry storage. Since the registry storage can be inspected each interested entity can receive (e.g. based on the identifier of the recyclable material element) a desired treatment parameter data set e.g. in order to treat/process said recyclable material element. [0014] The tagging unit may be part of a production entity and/or distributing entity and/or a recycling entity. For instance, newly produced or recycled recyclable material element(s) can be provided with an identifier by the tagging unit.)
Regarding Claim 6:
The combination of Stocker and Shrout teach The method according to claim 1,
Furthermore, Stocker teaches:
- wherein determining the at least one material identifier package includes classification according to classification instructions providing the material configuration(s) processable or to be processed by at least one plant. (Stöcker [0136] The status detecting tool 344 may be configured to detect whether the returned container comprises crack(s), dirt particle(s), weight of the container or other undesired element(s) or conditions or the like. The peer-to-peer module 314.4 is configured to transmit the previously described data to the peer-to-peer application 322. The registering means 324 may store said data in the registry storage of the storage arrangement 326, as described above. Algorithms can be run on top of the data stored in the storage arrangement 326. The current status parameter data set of a returned container 306.3 may be taken into account by an accounting means based on a stored delivery transaction agreement.) The BRI of “classification” is any categorization of the materials into a class. Therefore, Stöcker’s status detecting tool is an example of classification, because it classifies the materials and conditions of the container. The “algorithms” falls within “classification instructions.” See [0130] for providing the material configuration(s) to be processed by at least one plant.
Regarding Claim 7:
The combination of Stocker and Shrout teach The method according to claim 1,
Furthermore, Stocker teaches:
- wherein determining the at least one material identifier package includes providing classification instructions running in an at least partially decentral computing environment(Stöcker [0070] It is noted that in the present case, according to an embodiment, the peer-to-peer module comprises at least an API configured to communicate with the peer-to-peer application, such as the block chain. In addition to the API, the peer-to-peer module comprises a decentral application of software comprising local algorithms at least configured to create and transmit data, such as status parameter data set(s), identifiers, treatment parameter data set(s), to the peer-to-peer application via the API. [0144] It shall be understood that there may be several intermediate units, such as transport units, storage units and the like. In a preferred embodiment, also these units can comprise a peer-to-peer module and one or more status detecting tool(s), in particular, configured to detect one or more current status parameter(s) of the container(s). The respective peer-to-peer modules may be configured to transmit the respective status parameter data sets and the respective (read out) identifier(s) of the container(s) to the peer-to-peer application 322 in order to log this data in the registry storage by the registering means 324.) Also see [0171] for analysis performed on nodes.
- wherein the classification instructions gather product identifiers according to material configuration(s) processable or to be processed by at least one recycling plant. (Stöcker [0137] The returned container 306.3 can be forwarded to a recycling unit 336 (e.g. by transporting units). The recycling unit 336 may have one or more recycling tools 352. For instance, a recycling tool 352 may be a cleaning tool configured to clean a used/returned container 306.3. Preferably, the peer-to-peer module 314.5 is configured to receive a treatment parameter data set related to the container 306.3 to be cleaned. For instance, a reading tool of the recycling unit 336 can detect the identifier of the container 306.3 to be cleaned. The detected identifier can be provided to the peer-to-peer application 322 by sending a treatment parameter request message by the peer-to-peer module 314.5. The peer-to-peer application 322 may comprise a (not shown) retrieving means configured to retrieve the treatment parameter data set stored in the registry storage and corresponding to the received identifier. Then, the retrieved treatment parameter data set can be provided to the requesting peer-to-peer module 314.5.) The identifiers of the containers to be cleaned are received by the recycling unit.
Regarding Claim 8:
The combination of Stocker and Shrout teach The method according to claim 1,
Furthermore, Stocker teaches:
- wherein the product identifier is provided from a sensor reading a product identifier element, (Stöcker [0025] According to a first embodiment of the system of the present application, the tagging unit may comprise at least one tagging tool configured to attach at least one readable code element comprising the identifier to the recyclable material element...In particular, the identifier can be read out by a reading tool, such as a RFID reader, NFC reader, barcode reader, etc. [0031] The recyclable material element processing unit may comprise at least one of a further status detecting tool and a reading tool configured to detect the identifier provided to the recyclable material element.)
- wherein the product identifier element is physically connected to the product or at least one component of the product to be recycled(Stöcker [0027] Attaching the code element can comprise incorporating the code element into the recyclable material element, mounting the code element onto recyclable material element at e.g. a wall of the recyclable material element and/or mounting the code element onto or incorporating the code element into a package of the recyclable material element. An identifier can be physically associated with a recyclable material element (or a container holding the element) and can be easily detected by recyclable material element processing unit(s) having suitable reading tool(s).)
Regarding Claim 9:
The combination of Stocker and Shrout teach The method according to claim 1,
Furthermore, Stocker teaches:
- wherein the material configuration data associated with the material used to produce the product or the at least one component of the product is accessed by a decentral computing node associated with one or more recycling system(s) or associated with classification instructions. (Stöcker [0022] The registry storage is updatable and, in particular, inspectable by at least a part of the participating entities/units of the system... Thereby, according to one embodiment, access to the data (preferably stored in encrypted form) can be controlled by the peer-to-peer application, in particular, an access controlling means of the peer-to-peer application. [0137] Preferably, the peer-to-peer module 314.5 is configured to receive a treatment parameter data set related to the container 306.3 to be cleaned. For instance, a reading tool of the recycling unit 336 can detect the identifier of the container 306.3 to be cleaned. The detected identifier can be provided to the peer-to-peer application 322 by sending a treatment parameter request message by the peer-to-peer module 314.5. The peer-to-peer application 322 may comprise a (not shown) retrieving means configured to retrieve the treatment parameter data set stored in the registry storage and corresponding to the received identifier. Then, the retrieved treatment parameter data set can be provided to the requesting peer-to-peer module 314.5. [0168] The nodes 504.1, 504.2 may correspond to tagging units and e.g. be formed by the respective first peer-to-peer modules of tagging units. The nodes 536.1, 536.2 may correspond to recycling units and e.g. be formed by the respective peer-to-peer modules of recycling units. Nodes 520.1 and 520.2 may be other nodes. It shall be understood that nodes can be full, remote or light nodes.) The reading tool of the recycling unit is an example of a decentral computing node associated with the recycling system, which accesses the material configuration data. Since the limitation contains an “or” clause, and the first condition has been met, the limitation is satisfied.
Regarding Claim 10:
The combination of Stocker and Shrout teach The method according to claim 1,
However, Stocker fails to teach:
-determining the at least one material identifier package comprises matching the package identifier or the collection of product identifiers associated with the material identifier package to a plant identifier based on an amount of material to be recycled and a capacity of the plant.
Alternatively, Shrout teaches:
-determining the at least one material identifier package comprises matching the package identifier or the collection of product identifiers associated with the material identifier package to a plant identifier based on an amount of material to be recycled and a capacity of the plant. (Shrout [0043] The information encoded in the material identification marker is then processed by the robotic system (either locally or via a network) and compared to the data in the database 126. Upon finding a match in the database (e.g., a material identification marker defines the item 102 as being made from aluminum), instructions (pre-programmed actions) are sent to a sorter to sort the item 102 into an aluminum bin. This may be accomplished using standard sorting systems known in the art, robot grippers, or other known sorters. If the recyclable items are not recognized by the machine vision (e.g., material identification marker not found or detected), then at step 150 the system proceeds to alternate sorting. It will be appreciated that alternate sorting may include sorting by human beings or other types of scanning or computer-controlled sorters. [0047] The robotic system may also record logs for the material that it categorizes, which allows a facility to determine the amount of any given material passing through the facility.) Shrout [0047] satisfies “amount of material to be recycled,” and “capacity of the plant,” because the plant determines the amount of material that can pass through the facility.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present disclosure to modify Stocker by adding the database of identifiers processable by the sorter, and along with the capacity of the sorting facility. One of ordinary skill in the art would have been motivated to perform this combination as it would provide the benefit of automating, making cost-effective, and expedited the process of sorting particular goods as to reduce the amount of recyclable product placed in the landfills. (Shrout [0030] It will be appreciated that the method and system of marking will automate and make cost-effective a process that currently relies primarily on human labor. The recyclable item could have a single material identification marker, multiple material identification markers wrapped around the body of the item, an array of material identification markers, or any other marker configuration. Any manufacturer of consumer products could apply the material identification markers to the outside surface of their product, ensuring that when it is disposed of it can be recycled properly. The system may also enable automated systems to be faster and more accurate than humans, thereby increasing the amount of recyclable material that is processed for recycling and decreasing the amount of product placed in landfills.)
Regarding Claim 12:
The combination of Stocker and Shrout teach: The method of claim 1
Furthermore, Stocker teaches:
, further comprising using the product or at least one component of the product comprising at least one product identifier element by providing the product identifier by reading the product identifier element. (Stöcker [0125] Preferably, each of the recyclable material element processing units 304, 330, 332, 334, 336 can comprise a (not shown for sake of clarity) reading tool, respectively, for detecting or reading out an identifier of a container 306 to 306.4. [0129] The first peer-to-peer module 314.1 may provide the identifier and a first status parameter data set (e.g. ‘used’ or ‘unused’, location, time-stamp, identifier of the tagging unit 304, etc.) to the peer-application 322. Then, the registering means 324 may be executed to register the container 306.1 by storing the received identifier and the first status parameter data set. [0130] A further peer-to-peer module 314.2 to 314.5 may provide a further status parameter data set (e.g. ‘newly produced’, identifier of the production unit 330, identifier(s) of the used production tool(s), etc.) and, preferably, at least one treatment parameter data set to the peer-to-peer application 322. A treatment parameter data set can comprise information about the used starting material(s) of a produced container 306 (e.g. chemical formula of each starting material/ingredient and their respective portion (e.g. percent by weight)), decomposition rule(s), allowed decomposition physical, chemical or biological processes, treating rule(s) or parameter(s), such as maximum allowed (cleaning) temperature, allowed cleaning material(s), physical material storage or transportations rules (e.g. for sensible or dangerous materials), etc. The registering means 324 can associate the received data set to the respective container 306.1 by means of the identifier of the container 306.1 and can store said additional data together with the identifier in the registry storage e.g. formed by a storage arrangement 326, as described above.) Reading the identifier in [0125], then creating a treatment parameter dataset satisfies the BRI of the limitation, which includes any use of the recycled product which consists of reading the product identifier element and generating “material identifier package” (treatment parameter data set).
Regarding Claim 14:
The combination of Stocker and Shrout teach: The method of claim 1
Furthermore, Stocker teaches:
- wherein operating the recycling process based on the at least one material identifier package comprises generating sorting, collecting, transporting, storing and/or recycling instructions based on the provided material identifier package (Stöcker [0140] Then, the recycling tool 352 can be (automatically) operated at least based on the received treatment parameter data set e.g. comprising allowed (and/or optimal) cleaning agent(s), maximum allowed (and/or optimal) cleaning temperature, or any other physical, chemical, biological treatment rules, etc. [0141] Another example of a recycling tool 352 may be a tool for regaining the used starting materials 354 from the used container 306.3 e.g. by a heating and sorting process. Such a tool may (also) be operated at least based on the received treatment parameter data set e.g. comprising the originally used starting material, weighting specifications (e.g. percent by weight), etc [0034] A recycling tool may be configured to conduct at least a sub-process of the total recycling process of an used recyclable material element. Examples of such tools are heating tools, cooling tools, cleaning tools, mechanical decomposition tools, chemical decomposition tools, biological process tools, sorting tools, etc. In order to optimize the operation of a recycling unit, at least one of the recycling tool(s) of the recycling unit can be operated/controlled based on at least one treatment parameter of a treatment parameter data set. For instance, based on a detected identifier of a (used) recyclable material element the corresponding treatment parameter data set can be received from the peer-to-peer application. For instance, based on a request message comprising the detected identifier, the peer-to-peer application may send a response comprising the respective treatment parameter data set.) Also see [0130] for physical material storage or transportations rules (e.g. for sensible or dangerous materials), etc.
- and providing sorting, collecting, transporting, storing and/or recycling instructions for monitoring and/or controlling recycling system(s). (Stöcker [0061] In addition, the block chain can be used to control and manage a raw material and/or recycling system. The block chain can be, in particular, used to execute predefinable process(es), e.g. registering process(es) or the like, caused by at least one peer-to-peer module and/or a previously described executable means in a tamper-proof manner. [0137] Preferably, the peer-to-peer module 314.5 is configured to receive a treatment parameter data set related to the container 306.3 to be cleaned. For instance, a reading tool of the recycling unit 336 can detect the identifier of the container 306.3 to be cleaned. [0140] Then, the recycling tool 352 can be (automatically) operated at least based on the received treatment parameter data set e.g. comprising allowed (and/or optimal) cleaning agent(s), maximum allowed (and/or optimal) cleaning temperature, or any other physical, chemical, biological treatment rules, etc.)
Regarding Claim 15:
The combination of Stocker and Shrout teach: The method of claim 1
Furthermore, Stocker teaches:
- A non-transitory computer-readable storage medium with instructions, which, when executed by at least one computing node of a computing environment, are configured to carry out the steps of the method according to claim 1. (Stöcker [0106] The depicted nodes 220.1, 220.2, 220.3 (each) comprise a peer-to-peer application 222. As can be seen from FIG. 2, the same peer-to-peer application 222 is preferably implemented on each node 220.1, 220.2, 220.3. This means, in particular, that the same content is comprised on each node 220.1, 220.2, 220.3 and that the same code (including one or more executable means 224) can be executed on each node 220.1, 220.2, 220.3. [0056] In a simple way, information can be made available to preferably all participants. This may allow to carry out a review of the information stored in the decentral register or the code and means, respectively, executed in the decentral register. Particularly preferably, each computer (node) in the peer-to-peer network can be configured to review new information, in particular, based on older information stored in the peer-to-peer application. [0086] The features of the methods, systems, modules, peer-to-peer applications, units, and computer programs can be freely combined with one another. In particular, features of the description and/or the dependent claims, even when the features of the dependent claims are completely or partially avoided, may be independently inventive in isolation or freely combinable with one another. ) Computer element is interpreted as any software with instructions carried out by computing nodes of the computing environment to perform the claimed functions.
Regarding Claim 17:
The combination of Stocker and Shrout teach: The method of claim 1
Furthermore, Stocker teaches:
- wherein determining the at least one material identifier package includes providing classification instructions running in an at least partially decentral computing environment, (Stocker [0119] Preferably, the storage arrangement 226 comprising a plurality of decentral storage units 228 may be formed as a decentral file system (such as IPFS) or a decentral object store (such as storj) or a decentral distributed database (such as BigchainDB) controlled by the peer-to-peer application 222. [0065] In addition, data feeds can be provided by the peer-to-peer application (so called “smart oracles”). Data feeds can provide further data (e.g. ingredients and the portion in the recyclable material element) relating to a recyclable material element from at least one further source. Data can be captured from trusted sources off-chain and stored on the block chain or stored via the block chain on a decentral data storage entity.)
- wherein the classification instructions gather product identifiers according to material configuration(s) processable or to be processed by at least one plant. (Stöcker [0137] The returned container 306.3 can be forwarded to a recycling unit 336 (e.g. by transporting units). The recycling unit 336 may have one or more recycling tools 352. For instance, a recycling tool 352 may be a cleaning tool configured to clean a used/returned container 306.3. Preferably, the peer-to-peer module 314.5 is configured to receive a treatment parameter data set related to the container 306.3 to be cleaned. For instance, a reading tool of the recycling unit 336 can detect the identifier of the container 306.3 to be cleaned. The detected identifier can be provided to the peer-to-peer application 322 by sending a treatment parameter request message by the peer-to-peer module 314.5. The peer-to-peer application 322 may comprise a (not shown) retrieving means configured to retrieve the treatment parameter data set stored in the registry storage and corresponding to the received identifier. Then, the retrieved treatment parameter data set can be provided to the requesting peer-to-peer module 314.5. [0018] The peer-to-peer module is configured to communicate, e.g. send/receive messages to/from the peer-to-peer application. The peer-to-peer module may be a peer and node, respectively, of the peer-to-peer network. The peer-to-peer module provides at least an identifier and a status parameter data set to the peer-to-peer application. A status parameter data set may comprise at least one parameter (indirectly or directly) related to the status of the recyclable material element. Examples of status parameters are location of the recyclable material element (at a specific time), identifier of a recyclable material element processing unit which has been passed by the recyclable material element, quality or condition (comprising e.g. damaged, new, recycled, used, reused, filled, etc.) of a recyclable material element (at a specific time), etc.) The identifiers of the containers to be cleaned are received by the recycling unit.
Regarding Claim 18:
The combination of Stocker and Shrout teach: The method of claim 1
Furthermore, Stocker teaches:
- wherein the classification instructions initiate matching of the material configuration provided by the material configuration data with material configuration(s) processable or to be processed by at least one plant. (Stöcker [0137] The returned container 306.3 can be forwarded to a recycling unit 336 (e.g. by transporting units). The recycling unit 336 may have one or more recycling tools 352. For instance, a recycling tool 352 may be a cleaning tool configured to clean a used/returned container 306.3. Preferably, the peer-to-peer module 314.5 is configured to receive a treatment parameter data set related to the container 306.3 to be cleaned. For instance, a reading tool of the recycling unit 336 can detect the identifier of the container 306.3 to be cleaned. The detected identifier can be provided to the peer-to-peer application 322 by sending a treatment parameter request message by the peer-to-peer module 314.5. The peer-to-peer application 322 may comprise a (not shown) retrieving means configured to retrieve the treatment parameter data set stored in the registry storage and corresponding to the received identifier. Then, the retrieved treatment parameter data set can be provided to the requesting peer-to-peer module 314.5. [0018] The peer-to-peer module is configured to communicate, e.g. send/receive messages to/from the peer-to-peer application. The peer-to-peer module may be a peer and node, respectively, of the peer-to-peer network. The peer-to-peer module provides at least an identifier and a status parameter data set to the peer-to-peer application. A status parameter data set may comprise at least one parameter (indirectly or directly) related to the status of the recyclable material element. Examples of status parameters are location of the recyclable material element (at a specific time), identifier of a recyclable material element processing unit which has been passed by the recyclable material element, quality or condition (comprising e.g. damaged, new, recycled, used, reused, filled, etc.) of a recyclable material element (at a specific time), etc.) The identifiers of the containers to be cleaned are received by the recycling unit.
Regarding Claim 19:
The combination of Stocker and Shrout teach: The method of claim 18
Furthermore, stocker teaches:
- wherein the classification instructions relate material configuration data to plant identifier(s) and corresponding material configuration(s) processable or to be processed by the plant. (Stöcker [0137] The returned container 306.3 can be forwarded to a recycling unit 336 (e.g. by transporting units). The recycling unit 336 may have one or more recycling tools 352. For instance, a recycling tool 352 may be a cleaning tool configured to clean a used/returned container 306.3. Preferably, the peer-to-peer module 314.5 is configured to receive a treatment parameter data set related to the container 306.3 to be cleaned. For instance, a reading tool of the recycling unit 336 can detect the identifier of the container 306.3 to be cleaned. The detected identifier can be provided to the peer-to-peer application 322 by sending a treatment parameter request message by the peer-to-peer module 314.5. The peer-to-peer application 322 may comprise a (not shown) retrieving means configured to retrieve the treatment parameter data set stored in the registry storage and corresponding to the received identifier. Then, the retrieved treatment parameter data set can be provided to the requesting peer-to-peer module 314.5. [0018] The peer-to-peer module is configured to communicate, e.g. send/receive messages to/from the peer-to-peer application. The peer-to-peer module may be a peer and node, respectively, of the peer-to-peer network. The peer-to-peer module provides at least an identifier and a status parameter data set to the peer-to-peer application. A status parameter data set may comprise at least one parameter (indirectly or directly) related to the status of the recyclable material element. Examples of status parameters are location of the recyclable material element (at a specific time), identifier of a recyclable material element processing unit which has been passed by the recyclable material element, quality or condition (comprising e.g. damaged, new, recycled, used, reused, filled, etc.) of a recyclable material element (at a specific time), etc.) The identifiers of the containers to be cleaned are received by the recycling unit.
Regarding Claim 20:
The combination of Stocker and Shrout teach: The method of claim 19
Furthermore, Stocker teaches:
- wherein the classification instructions are dynamically adjustable based on operation data, in particular process data indicative of current operations of the at least one plant.(Stocker [0034] n order to optimize the operation of a recycling unit, at least one of the recycling tool(s) of the recycling unit can be operated/controlled based on at least one treatment parameter of a treatment parameter data set. For instance, based on a detected identifier of a (used) recyclable material element the corresponding treatment parameter data set can be received from the peer-to-peer application. For instance, based on a request message comprising the detected identifier, the peer-to-peer application may send a response comprising the respective treatment parameter data set. The recycling unit may be configured to analyze the received treatment parameter data set in order to provide each of the recycling tool(s) of the recycling unit with the respective one or more treatment parameter(s). [0043] , optimization purposes (e.g. to improve the whole material life cycle efficiency or resource usage) or for analytical purposes (e.g. to generate statistics about material life cycle or an analysis where raw materials are in the life cycle, where are the located, how they can be extracted or accessed and how and where they can be reused).) Stocker’s optimization steps describe a “dynamically adjustable” classification based on operation data.
Regarding Claim 21:
The combination of Stocker and Shrout teach: The method of claim 20
Furthermore, Stocker teaches:
- further comprising providing operation instructions to at least one manufacturing execution system of the plant, wherein the plant is controlled and/or monitored according to the operation instructions.(Stocker [0034] In order to optimize the operation of a recycling unit, at least one of the recycling tool(s) of the recycling unit can be operated/controlled based on at least one treatment parameter of a treatment parameter data set. For instance, based on a detected identifier of a (used) recyclable material element the corresponding treatment parameter data set can be received from the peer-to-peer application. For instance, based on a request message comprising the detected identifier, the peer-to-peer application may send a response comprising the respective treatment parameter data set.)
Response to Arguments
Applicant's arguments filed 06/09/2026 have been fully considered but they are not persuasive.
Regarding applicant’s remarks over double patenting rejections, the rejection is rendered moot in view of the amended claims, therefore, the rejection is withdrawn.
The objections to the drawings have been withdrawn in view of amendments to the specification.
The claim rejections under 35 U.S.C. 112 have been withdrawn in view of amendments to claims 12 and 14 and cancellation of claim 16.
Regarding applicant’s remarks over 35 U.S.C. 101, the arguments have been fully considered but are not persuasive for the following reasons. As to arguments regarding mental processes, the examiner agrees that in view of the amendments, the claims no longer recite mental processes. However, the claims still recite “certain methods of organizing human activity,” therefore, the applicant’s arguments over mental processes are moot. Regarding applicant’s arguments over the “certain methods of organizing human activity,” categorization, the applicant asserts that the claims do not recite a “fundamental economic practice, commercial or legal interaction, advertising, sales activity, or contractual relationship.” However, the examiner respectfully disagrees. Even in the manner it is claimed as amended, performing a recycling process is at least a recitation of a business interaction, particularly when the steps are directed to managing the material product information and determining the appropriate plant or process in which to recycle the material. Thus, the claims at least recite a business relation or commercial interaction, and at least must be determined whether the additional elements integrate the abstract idea into a practical application. The applicant’s arguments over Step 2a Prong two allege that the “material identifier package” is not claimed as an end in itself, but that it is used as a basis to cause a “sorting machine” to read product identifiers and sort products or components. However, this argument is not persuasive because even when considering this outcome, it is merely equivalent to “apply it” because it merely uses machinery in its ordinary capacity to perform the abstract idea. MPEP 2106.05(f) states, “Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more.” Since neither the claims nor the specification specify a particular mechanism that performs the scanning and sorting, or specifically defines the scope of a “sorting machine,” merely claiming the “sorting machine” does not meaningfully limit the claims to a particular way of sorting, whether that be physically sorting into different containers, or sorting the objects in a database. Therefore, the applicant’s argument that the sorting machine “reduces the complexity of the physical processing environment, including by avoiding unsuitable mixtures in the recycling feed…(and) they are the mechanism by which the recycling system is operated” is not persuasive because it is not clear that the actual scope of the claims in their broadest reasonable interpretation in view of the specification reflects the alleged physical sorting environment. The claims must be specific enough to inform one of ordinary skill in the art how the outcome is arrived at, instead of just claiming the solution. MPEP 2106.05(f) states, “The recitation of claim limitations that attempt to cover any solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result, does not integrate a judicial exception into a practical application or provide significantly more because this type of recitation is equivalent to the words "apply it".”
Regarding applicant’s arguments over step 2B, the applicant’s argument regarding the examiner’s rejection lacking factual supporting showing “well-understood, routine, or conventional” activity are not persuasive because the rejection is not presently reliant on such an assertion in order to address the eligibility of the claims. The claims are rejected as lacking a technical improvement according to MPEP 2106.05(a), and being equivalent to “apply it” according to MPEP 2106.05(f), therefore, there is no burden on the examiner to show evidence that the claims are “well-understood, routine, or conventional activity.” Therefore, claims 1 and 11, and their respective dependent claims remain rejected under 35 U.S.C. 101.
Regarding the applicant’s arguments over claim rejections under 35 U.S.C. 102, the applicant’s remarks have been fully considered but are now moot in view of the updated 103 rejection in view of Stocker, and Shrout. The applicant’s arguments seem to emphasize that Stocker maps a “single identifier,” to a “single parameter set,” and that Stock operates exclusively at individual-item level. However, the examiner does not agree that the scope of the present claims necessarily distinguishes from Stocker’s identifier mapping system. In Stocker, the “collection” of identifiers, exists on a registry(Stocker [0004] The depicted raw material and/or recycling system 100 comprises at least one central server 102 having a registry database 108. A plurality of client entities 104.1 to 104.4 is connected to the server 102 via e.g. standard network(s).) Furthermore, the amended limitation that the “collection” of identifiers is based on plant-compatible material configuration, is now taught by the combination of Stocker and Shrout, which when viewed in combination would render it obvious to one of ordinary skill in the art to combine Shrout’s registry, listing the identifiers that are recognized/matched with the robotic sorting arm of Shrout. Therefore, the applicant’s second argument that Stocker does not disclose “generating machine-readable sorting instructions based on the package identifier or the collection of product identifiers associated with the material identifier package” is not persuasive and it is moot in view of the updating rejection based on Stocker and Shrout.
Since Stocker is not relied upon to teach the sorting machine as amended, the applicant’s arguments regarding the sorting machine have been fully considered but are not persuasive because the amended limitations regarding the sorting machine has been in shown to be taught by Shrout.
Furthermore, regarding applicant’s arguments over claim 10, the examiner agrees that Stocker does not teach the claim as amended, however, this argument is moot, because Shrout is relied upon for the plant matching based on amount of material to be recycled and capacity of the plant. Therefore, claims 1 and 11 and their respective dependent claims remain rejected over the prior art.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICO LAUREN PADUA whose telephone number is (703)756-1978. The examiner can normally be reached Mon to Fri: 8:30 to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Lemieux can be reached at (571) 270-3445. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICO L PADUA/ Junior Patent Examiner, Art Unit 3626
/SANGEETA BAHL/ Primary Examiner, Art Unit 3626
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