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 .
Claim Rejections - 35 USC § 112
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2, claim limitations “receiving the electronic device on the inspection plate while the inspection plate is in a first position with respect to the housing; presenting the electrical connector to a user of the kiosk while the inspection plate is in the first position; electrically testing the electronic device via the electrical connector; rotating the inspection plate to a second position with respect to the housing; automatically disconnecting the electrical connector from the electronic device ; determining, based at least in part on a result of the electrical testing, an offer price for the electronic device; and providing the user with an offer to purchase the electronic device for the offer price” as being indefinite for failing to particularly point out and distinctly claim the subject matter.
Claim limitations do not provide the function and structure as described in original specification in order to disclosed the function and step of the invention such as presenting the electrical connector to a user of the kiosk while the inspection plate is in the first position; electrically testing the electronic device via the electrical connector; rotating the inspection plate to a second position with respect to the housing; automatically disconnecting the electrical connector from the electronic device (See original specification in par [0067, 0106]; and [0045, 0060, 0065, 0091-0092, 0099] For example, the DES can include a test platform, a connector assembly, and one or more upper and/or lower cameras and light assemblies, all or some of which can be configured to transition between a home position (e.g., a position in which the user interacts with the kiosk), a grading position (e.g., a position in which the kiosk/DES is configured to evaluate the condition of the phone or other electronic device to be purchased), and a binning position (e.g., a position in which the electronic device is transitioned into a bin or other holding unit after completion of the transaction with the user) by tilting one or more components of the DES about an axis of rotation. These features can allow for a reduction in the volume of the kiosk necessary to evaluate the electronic device to be purchased and/or recycled. In some embodiments, upper and/or lower domes of the testing equipment are gray in color, in contrast to conventional domes that are white. The gray coloring of the dome(s) can reduce glare on the tested electronic device and can allow for improved device identification and/or damage detection. In certain applications, the domes can include black (or otherwise dark-colored) portions on the interior surfaces thereof to absorb excess light and further reduce glare. As a result of these and/or other features and improvements, kiosks configured according to the present technology are able to evaluate electronic devices while occupying a relatively small footprint in a retail or other setting. Therefore, the claim limitations fall into the second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 2-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,482,067; and claims 1-27 of U.S. Patent No. 12,300,059). Although the conflicting claims are not identical, they are not patentably distinct from each other because independent claim 2 of the present of application are broader in scope and thus encompass the subject matter already claimed in allowed US patent application 16/788169 (Subject to be published as US Patent No: 11,482,067 on Oct. 25, 2022); and patent application 17/933,046 (Subject to be published as US Patent No: 12,300,059 on May 13, 2025).
Specially, claim 1 of the parent application recites the method, apparatus, corresponding to claim 2 of the present of application with more details claimed in the parent application that would render the broader claims of the present of application obvious.
For instance, the claim limitations “of evaluating an electronic device using a consumer operated kiosk that includes a housing, an inspection plate, and an electrical connector, the method comprising: receiving the electronic device on the inspection plate while the inspection plate is in a first position with respect to the housing; presenting the electrical connector to a user of the kiosk while the inspection plate is in the first position; electrically testing the electronic device via the electrical connector; electrically testing the electronic device via the electrical connector; determining, based at least in part on a result of the electrical testing, an offer price for the electronic device; and providing the user with an offer to purchase the electronic device for the offer price” that was conflict to claim 1 of the parent application.
However, the claim limitations “electrically testing the electronic device via the electrical connector; electrically testing the electronic device via the electrical connector“ was not make a scope of claim to change from the parent of application, because claims invention provide Kiosk evaluating and purchasing used electronic device wherein the kiosk includes a rotatable inspection plate configured to receive an electronic device when the inspection plate is in a first position. The kiosk can include a camera having a field of view including at least a portion of the inspection plate. The kiosk can include a wired and/or wireless connectivity device configured to connect to the electronic device and one or more processors configured to: receive characteristic information about the electronic device via the wired and/or wireless connectivity device, housing includes information about the electronic device via the wired and/or wireless connectivity device via the camera when the inspection plate is in the second position; and facilitate determination of an offer price for the electronic device based at least in part on the characteristic information and the one or more images.
Parent Application 16/788,169
Present Application 18/953,582
1. A consumer operated kiosk configured to evaluate an electronic device received from a user, the kiosk comprising: a housing; an inspection plate rotatable relative to the housing between a first position and a second position, wherein the inspection plate is configured to receive the electronic device when the inspection plate is in the first position; a camera having a field of view including at least a portion of the inspection plate; a wired and/or wireless connectivity device configured to connect to the electronic device; and one or more processors operably connected to the wired and/or wireless connectivity device, the camera, and the inspection plate, wherein the one or more processors are configured to: receive characteristic information about the electronic device via the wired and/or wireless connectivity device; cause the inspection plate to rotate from the first position to the second position with the electronic device thereon; receive one or more images of the electronic device via the camera when the inspection plate is in the second position; and facilitate determination of an offer price for the electronic device based at least in part on the characteristic information and the one or more images.
2. A method of evaluating an electronic device using a consumer operated kiosk that includes a housing, an inspection plate, and an electrical connector, the method comprising: receiving the electronic device on the inspection plate while the inspection plate is in a first position with respect to the housing; presenting the electrical connector to a user of the kiosk while the inspection plate is in the first position; electrically testing the electronic device via the electrical connector; rotating the inspection plate to a second position with respect to the housing; automatically disconnecting the electrical connector from the electronic device; determining, based at least in part on a result of the electrical testing, an offer price for the electronic device; and providing the user with an offer to purchase the electronic device for the offer price.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Weir et al. (US Pub No. 2019/0222748) discloses multi-camera navigation interface.
Yazvin et al. (US Pub No. 2018/0289209) discloses toaster with adjustable conveyor.
Schulte et al. (US Pub No. 2019/0352002) discloses control systems and methods for rotating systems.
Mendelson et al. (US Pub No. 2019/0304216) discloses system and method for tracking users or objects and providing associated data or features corresponding thereto.
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/PHUOC H DOAN/Primary Examiner, Art Unit 2646
