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 .
Claims 2-21 are pending for examination. Claim 1 has been cancelled by preliminary amendment. This action is Non-Final.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/14/2025 has been considered.
Further, the examiner notes that the Graffia, II et al. Provisional Application No. 62/008,949 listed in this Office Action is not being provided as it was submitted with the IDS.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “movable imaging component” [configured to capture...] claimed in claim(s) 2, 3, 9-11 and 13; “an external imaging component” claimed in claim 5; “a user-operated imaging component” claimed in claim 10; and “a first imaging component” and “a second imagining component” claimed in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-4, 7-15, and 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graffia, II et al. (US 2015/0356637 A1) as supported by Provisional Application No. 62/008,949 in view of Bowles et al. (US 2010/0169231 A1) and Edmondson et al. (US 2015/0206200 A1).
Regarding Claim 2;
Graffia discloses a system for recycling electronic devices, (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – [0001] – An example preferred application of the invention is to trade-in and retail transactions involving such devices), the system comprising:
a first device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0011] – ...a retail station for electronic device identification and assessment and [0016]), comprising:
at least one electrical connector and/or wireless transceiver configured to connect to an electronic device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0021] - Specific preferred configurations consistent with the drawing include a small footprint, multiple USB ports to connect to various mobile devices, the ability to access the internet via cellular networks over a locally sourced cellular hotspot...);
a ... imaging component configured to capture one or more images of the electronic device at one or more angles (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0028] - The retail station can also assist a retail customer service representative in determining a cosmetic condition of the device. This can be guided, for example, with the retail station providing instructions or images to compare the device to or with the retail station imaging portions of the device and conducting an analysis of the images and [0039]);
a first processor in communication with the ... imaging component, and with the electrical connector and/or with the wireless transceiver (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0013]-[0014] - In other embodiments the retail station is created by code run on a multi- purpose device used in a retail location, such as a computer terminal or tablet computer. The software including retail station functions of the invention provides a new device to facilitate electronic device commerce at retail locations. In other embodiments, the retail station is a stand-alone device), the first processor configured to:
electrically test the electronic device via the electrical connector and/or the wireless transceiver (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0037] - Preferred embodiments assist in device identification both electronically and visually. A connected device is queried to retrieve identity information and other information such as the memory capacity of the device, the processor used by the device, the operating system used by the device and other available information.);
facilitate ... the ... imaging component to capture the one or more images of the electronic device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0028] -The retail station can also assist a retail customer service representative in determining a cosmetic condition of the device. This can be guided, for example, with the retail station providing instructions or images to compare the device to or with the retail station imaging portions of the device and conducting an analysis of the images and [0037] - Preferred embodiments assist in device identification both electronically and visually... In addition to electronic information retrieved from the device a physical description and visual identification aid are provided to visually identify the device. The retail customer service representative is guided in determining if the visual identification is consistent with the electrical identification, or the device can be electronically assessed with imaging technology and [0039]);
facilitate determining a compensation value for the electronic device, wherein the compensation value is at least partially based on the electrical test and the one or more images of the electronic device (Abstract and FIG. 3, supported by Provisional Application 62,008,949 – Drawing and [0011] and [0015] and [0029] – The station can provide a value suggestion and [0040] - Preferred embodiments correlate the collected electronic device data and cosmetic data to determine a remuneration value for the electronic device.); and
associate the electronic device with a unique identifier (Abstract and FIG. 3, supported by Provisional Application 62,008,949 – Drawing and [0011] – ESN/IMEI and [0015] and [0025] and [0029] and [0041] - Preferred embodiments capture transaction details and/or communicate such details to retailer transaction systems.... Example details can include device information, cosmetic condition, model type, customer information, date, time, location, and other information is collected into a database (i.e., association). This information can be made available for reporting and analysis of transactions);
a second device (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – [0016] - Preferably, the station also includes software to interface with the retailer's retail transaction and accounting system and [0026] – Preferred embodiments also provide for integration, or connectivity with, customer inventory and/or accounting systems, e.g. ERP (enterprise resource planning) RMS (retail management system), to process transactions and entitle gift cards or store credit and [0041]), comprising:
a user interface device (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – [0016] - Preferably, the station also includes software to interface with the retailer's retail transaction and accounting system and [0026] – Preferred embodiments also provide for integration, or connectivity with, customer inventory and/or accounting systems, e.g. ERP (enterprise resource planning) RMS (retail management system), to process transactions and entitle gift cards or store credit and [0041]), comprising:
a second processor in communication with the user interface device and configured to (Abstract and [0059] – retailer’s point of sale system supported by Provisional Application 62,008,949 – [0016] - and [0026] and [0041]), configured to:
receive the unique identifier (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – Drawing and [0011] and [0025] and [0016] – Preferably, the station also includes software to interface with the retailer’s retail transaction and accounting system and [0026] – Preferred embodiments also provide for integration, or connectivity with customer inventory and/or accounting systems, e.g. ERP (enterprise resource planning,) (RMS) retail management system), to process transaction... and [0041] - Preferred embodiments capture transaction details and/or communicate such details to retailer transaction systems.... Example details can include device information, cosmetic condition, model type, customer information, date, time, location, and other information is collected into a database (i.e., association). This information can be made available for reporting and analysis of transactions);
... facilitate payment of the compensation value to a user in exchange for the electronic device (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – [0016] - Preferably, the station also includes software to interface with the retailer's retail transaction and accounting system and [0026] – Preferred embodiments also provide for integration, or connectivity with, customer inventory and/or accounting systems, e.g. ERP (enterprise resource planning) RMS (retail management system), to process transactions and entitle gift cards or store credit and [0041] - Preferred embodiments capture transaction details and/or communicate such details to retailer transaction systems and/or to retail station support, informatics and analytics database. Example details can include device information, cosmetic condition, model type, customer information, date, time, location, and other information is collected into a database. This information can be made available for reporting and analysis of transactions. This information can also be used to generate return Certificates of Erasure to the customer and for fulfilling Second Hand Dealer reporting requirements.).
Graffia, II fails to explicitly disclose:
a first device, comprising
a movable imaging component configured to capture one or more images of the electronic device at one or more angles
a first processor in communication with the component imaging component..., the first processor configured to:
facilitate movement of the moveable imaging component to capture the one or more images of the electronic device;
a second device, comprising
at least partially verify the electronic device based on the unique identifier; and
when the electronic device has been at least partially verified, provide confirmation of the verification of the electronic device to facilitate ...
However, in an analogous art, Bowles teaches
a first device (FIG. 1 and [0035] - FIG. 1 illustrates a partially schematic front isometric view of a recycling kiosk 100 for analyzing a mobile phone and financial remuneration to a user for submission of the mobile phone. The kiosk 100 is of a typical size and shape of a vending machine, such as a soda machine, coin changing machine, can recycling machine, or other vending machines and [0043] and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates. The micro-kiosk is used by an operator, perhaps with a group of discrete peripheral devices (computer, camera, a plurality of cable connectors, printer, barcode scanner, fingerprint reader, signature pad, etc.)), comprising
a movable imaging component configured to capture one or more images of the electronic device at one or more angles ([0043] - Alternatively, the visual inspection is performed by multiple cameras 601-604 as shown in FIG. 6. A preferred camera 601 is a 1 megapixel machine vision camera. If a single camera 601, as shown in FIG. 6A, is utilized in the inspection area 106, the camera 601 preferably is movable to increase a field of view 625 of the inspection area 106 to inspect the mobile phone fixed in the fixture assembly 142 and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates. The micro-kiosk is used by an operator, perhaps with a group of discrete peripheral devices (computer, camera, a plurality of cable connectors, printer, barcode scanner, fingerprint reader, signature pad, etc.);
a first processor in communication with the component imaging component... (Abstract - The recycling kiosk also includes a processor, a display and a user interface), the first processor configured to:
facilitate movement of the moveable imaging component to capture the one or more images of the electronic device ([0043] - Alternatively, the visual inspection is performed by multiple cameras 601-604 as shown in FIG. 6. A preferred camera 601 is a 1 megapixel machine vision camera. If a single camera 601, as shown in FIG. 6A, is utilized in the inspection area 106, the camera 601 preferably is movable to increase a field of view 625 of the inspection area 106 to inspect the mobile phone fixed in the fixture assembly 142 and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates. The micro-kiosk is used by an operator, perhaps with a group of discrete peripheral devices (computer, camera, a plurality of cable connectors, printer, barcode scanner, fingerprint reader, signature pad, etc.).
Therefore, it would have been obvious to one of ordinarily skill in the art before the effective filing date of the claimed invention to combine the teachings of Bowles to the imaging component of Graffia to include a first device, comprising a movable imaging component configured to capture one or more images of the electronic device at one or more angles a first processor in communication with the component imaging component..., the first processor configured to: facilitate movement of the moveable imaging component to capture the one or more images of the electronic device;
One would have been motivated to combine the teachings of Bowles to Graffia to do so as it provides / allows recycling mobile phones in a manner that is enticing to a consumer yet financially rewarding to the recycler. (Bowles, [0011]).
However, in an analogous art, Edmondson teaches
associate the electronic device with a unique identifier ([0098]);
a second device ([0099] - The QRC code generated in step 1050 may be presented to a clerk at the store, or at a kiosk configured to receive the mobile device 1080), comprising
a user interface device ([0099] - The QRC code generated in step 1050 may be presented to a clerk at the store, or at a kiosk configured to receive the mobile device 1080); and
a second processor in communication with the user interface device ([0099] - The QRC code generated in step 1050 may be presented to a clerk at the store, or at a kiosk configured to receive the mobile device 1080. The clerk or kiosk may retrieve the information for device trade-in associated with the QRC code), and configured to: receive the unique identifier [0099] - The QRC code generated in step 1050 may be presented to a clerk at the store, or at a kiosk configured to receive the mobile device 1080. The clerk or kiosk may retrieve the information for device trade-in associated with the QRC code);
at least partially verify the electronic device based on the unique identifier ([0098]-[0099] - The QRC code generated in step 1050 may be presented to a clerk at the store, or at a kiosk configured to receive the mobile device 1080. The clerk or kiosk may retrieve the information for device trade-in associated with the QRC code... At step 1140, the traded in mobile device 1080 may be automatically confirmed as received and a visual inspection of the mobile device 1080 may be accomplished); and
when the electronic device has been at least partially verified, provide confirmation of the verification of the electronic device to facilitate [a trade-in transaction] ([0098]-[0099]).
Therefore, it would have been obvious to one of ordinarily skill in the art before the effective filing date of the claimed invention to combine the teachings of Edmondson to the second device of to Graffia in view of Bowles to include associate the electronic device with a unique identifier; a second device, comprising a user interface device; and a second processor in communication with the user interface device and configured to: receive the unique identifier; at least partially verify the electronic device based on the unique identifier; and when the electronic device has been at least partially verified, provide confirmation of the verification of the electronic device to facilitate...
One would have been motivated to combine the teachings of Edmondson to Graffia in view of Bowles to do so as it provides / allows create natural and intuitive flows to the tasks that make it easy for the user to follow and complete the trade-in process (Edmondson, [0011]).
Regarding Claim 3;
Graffia in view of Bowles and Edmondson disclose the system to Claim 2.
Graffia further discloses wherein the ... imaging component includes a user-operated imaging component operably connected to a housing, ...the first processor is configured to prompt a user to obtain the one or more images of the electronic device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0028] - The retail station can also assist a retail customer service representative in determining a cosmetic condition of the device. This can be guided, for example, with the retail station providing instructions or images to compare the device to or with the retail station imaging portions of the device and conducting an analysis of the images and [0037] and [0039] - In other embodiments, the device is imaged and inspected electronically for condition.).
Bowles further teaches wherein the movable imaging component includes a user-operated imaging component operably connected to a housing, and wherein, to facilitate the movement of the moveable imaging component ([0043] - Alternatively, the visual inspection is performed by multiple cameras 601-604 as shown in FIG. 6. A preferred camera 601 is a 1 megapixel machine vision camera. If a single camera 601, as shown in FIG. 6A, is utilized in the inspection area 106, the camera 601 preferably is movable to increase a field of view 625 of the inspection area 106 to inspect the mobile phone fixed in the fixture assembly 142 and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates. The micro-kiosk is used by an operator, perhaps with a group of discrete peripheral devices (computer, camera, a plurality of cable connectors, printer, barcode scanner, fingerprint reader, signature pad, etc.).
Similar rationale and motivation is noted for the combination of Bowles to Graffia in view of Bowles and Edmondson, as per claim 1, above.
Regarding Claim 4;
Graffia in view of Bowles and Edmondson disclose the system to Claim 2.
Bowles further teaches further comprising a secure binning area positioned remotely from the first device and/or the second device and configured to receive the electronic device after payment of the compensation value to the user (Bowles, [0053]-[0054] - The consumer is instructed to ... drop the mobile phone into a bag, box or directly into a bin... the real-time connection to the kiosk 100 enables real-time inventory tracking and binning of recycled devices and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates). As reasonably construed, if the “micro-kiosk" does not bin, such binning would be positioned remotely from the “micro-kiosk” as real-time inventory tracking and binning of recycled devices via the “micro-kiosk” is contemplated by Bowles.
Similar rationale and motivation is noted for the combination of Bowles to Graffia in view of Bowles and Edmondson, as per claim 1, above.
Regarding Claim 7;
Graffia in view of Bowles and Edmondson disclose the system to Claim 2.
Graffia further discloses wherein the second device further comprises a display, and wherein the second processor is configured to display an image of the electronic device (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – [0016] - Preferably, the station also includes software to interface with the retailer's retail transaction and accounting system and [0039] - Preferred embodiment guiding software can guide the retail customer service representative and customer through the cosmetic evaluation of the electronic device. The guidance may include quantity of scratches and blemishes, surface scars, general wear and tear, and other criteria. The guidance may be in the form of a checklist, or implemented with visual examples. In other embodiments, the device is imaged and inspected electronically for condition and [0041] - Preferred embodiments capture transaction details and/or communicate such details to retailer transaction systems and/or to retail station support, informatics and analytics database. Example details can include device information, cosmetic condition, model type, customer information, date, time, location, and other information is collected into a database. This information can be made available for reporting and analysis of transactions). As reasonably construed cosmetic condition communicated to a retailer transaction system includes an imaged device.
Edmondson teaches [completing a trade-in transaction] after receiving the unique identifier to facilitate the verification of the electronic device. ([0098]-[0099] - The QRC code generated in step 1050 may be presented to a clerk at the store, or at a kiosk configured to receive the mobile device 1080. The clerk or kiosk may retrieve the information for device trade-in associated with the QRC code... At step 1140, the traded in mobile device 1080 may be automatically confirmed as received and a visual inspection of the mobile device 1080 may be accomplished).
Similar rationale and motivation is noted for the combination of Edmondson to Graffia in view of Bowles and Edmondson, as per claim 1, above.
Regarding Claim 8;
Graffia in view of Bowles and Edmondson disclose the system to Claim 2.
Graffia further discloses wherein the electronic device is a mobile phone (Abstract and supported by Provisional Application 62,008,949 – Drawing and [0011]).
Regarding Claim 9;
Graffia discloses an apparatus configured to process electronic devices (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – [0001] – An example preferred application of the invention is to trade-in and retail transactions involving such devices), the system comprising:
a first device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0011] – ...a retail station for electronic device identification and assessment and [0016]), the apparatus comprising:
a housing (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing);
a cable connector and/or wireless electrical connector, the cable connector and/or wireless electrical connector configured to connect to an electronic device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0021] - Specific preferred configurations consistent with the drawing include a small footprint, multiple USB ports to connect to various mobile devices, the ability to access the internet via cellular networks over a locally sourced cellular hotspot...);
a ... imaging component configured to capture one or more images of the electronic device at one or more angles (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0028] - The retail station can also assist a retail customer service representative in determining a cosmetic condition of the device. This can be guided, for example, with the retail station providing instructions or images to compare the device to or with the retail station imaging portions of the device and conducting an analysis of the images and [0039]); and
a processor within the housing and in communication with the ... imaging component and with the cable connector and/or wireless electrical connector (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0013]-[0014] - In other embodiments the retail station is created by code run on a multi- purpose device used in a retail location, such as a computer terminal or tablet computer. The software including retail station functions of the invention provides a new device to facilitate electronic device commerce at retail locations. In other embodiments, the retail station is a stand-alone device), the processor configured to:
facilitate ... the .... imaging component to capture the one or more images of the electronic device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0028] -The retail station can also assist a retail customer service representative in determining a cosmetic condition of the device. This can be guided, for example, with the retail station providing instructions or images to compare the device to or with the retail station imaging portions of the device and conducting an analysis of the images and [0037] - Preferred embodiments assist in device identification both electronically and visually... In addition to electronic information retrieved from the device a physical description and visual identification aid are provided to visually identify the device. The retail customer service representative is guided in determining if the visual identification is consistent with the electrical identification, or the device can be electronically assessed with imaging technology and [0039]);
electrically test the electronic device via the cable connector and/or wireless electrical connector (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0037] - Preferred embodiments assist in device identification both electronically and visually. A connected device is queried to retrieve identity information and other information such as the memory capacity of the device, the processor used by the device, the operating system used by the device and other available information.);
facilitate determining a compensation value for the electronic device, wherein the compensation value is at least partially based on the electrical test and the one or more images of the electronic device (Abstract and FIG. 3, supported by Provisional Application 62,008,949 – Drawing and [0011] and [0015] and [0029] – The station can provide a value suggestion and [0040] - Preferred embodiments correlate the collected electronic device data and cosmetic data to determine a remuneration value for the electronic device);
associate the electronic device with a unique identifier (Abstract and FIG. 3, supported by Provisional Application 62,008,949 – Drawing and [0011] – ESN/IMEI (i.e., unique identifier) and [0015] and [0025] and [0029] and [0041] - Preferred embodiments capture transaction details and/or communicate such details to retailer transaction systems.... Example details can include device information, cosmetic condition, model type, customer information, date, time, location, and other information is collected into a database (i.e., association). This information can be made available for reporting and analysis of transactions); and
transmit the unique identifier to a remote processing device for use by a second apparatus to ... identify the compensation value (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – [0016] - Preferably, the station also includes software to interface with the retailer's retail transaction and accounting system and [0026] – Preferred embodiments also provide for integration, or connectivity with, customer inventory and/or accounting systems, e.g. ERP (enterprise resource planning) RMS (retail management system), to process transactions and entitle gift cards or store credit and [0041] - Preferred embodiments capture transaction details and/or communicate such details to retailer transaction systems and/or to retail station support, informatics and analytics database. Example details can include device information, cosmetic condition, model type, customer information, date, time, location, and other information is collected into a database. This information can be made available for reporting and analysis of transactions. This information can also be used to generate return Certificates). The examiner respectfully notes that “for use by a second apparatus to identify the compensation value” is the intended use of the second apparatus and is not subject to patentable weight; however, for the purposes of compact prosecution, citations are provided to reject this limitation.
Graffia, II fails to explicitly disclose:
...the apparatus, comprising
a movable imaging component configured to capture one or more images of the electronic device at one or more angles;
a processor within the housing and in communication with the movable imaging component, the processor configured to:
facilitate movement of the moveable imaging component to capture the one or more images of the electronic device; and
transmit the unique identifier to a remote processing device for use by a second apparatus to identify the electronic device....
However, in an analogous art, Bowles teaches
a apparatus (FIG. 1 and [0035] - FIG. 1 illustrates a partially schematic front isometric view of a recycling kiosk 100 for analyzing a mobile phone and financial remuneration to a user for submission of the mobile phone. The kiosk 100 is of a typical size and shape of a vending machine, such as a soda machine, coin changing machine, can recycling machine, or other vending machines and [0043] and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates. The micro-kiosk is used by an operator, perhaps with a group of discrete peripheral devices (computer, camera, a plurality of cable connectors, printer, barcode scanner, fingerprint reader, signature pad, etc.)), comprising
a movable imaging component configured to capture one or more images of the electronic device at one or more angles ([0043] - Alternatively, the visual inspection is performed by multiple cameras 601-604 as shown in FIG. 6. A preferred camera 601 is a 1 megapixel machine vision camera. If a single camera 601, as shown in FIG. 6A, is utilized in the inspection area 106, the camera 601 preferably is movable to increase a field of view 625 of the inspection area 106 to inspect the mobile phone fixed in the fixture assembly 142 and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates. The micro-kiosk is used by an operator, perhaps with a group of discrete peripheral devices (computer, camera, a plurality of cable connectors, printer, barcode scanner, fingerprint reader, signature pad, etc.);
a processor within the housing and in communication with the movable imaging component (Abstract - The recycling kiosk also includes a processor, a display and a user interface), the processor configured to:
facilitate movement of the moveable imaging component to capture the one or more images of the electronic device ([0043] - Alternatively, the visual inspection is performed by multiple cameras 601-604 as shown in FIG. 6. A preferred camera 601 is a 1 megapixel machine vision camera. If a single camera 601, as shown in FIG. 6A, is utilized in the inspection area 106, the camera 601 preferably is movable to increase a field of view 625 of the inspection area 106 to inspect the mobile phone fixed in the fixture assembly 142 and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates. The micro-kiosk is used by an operator, perhaps with a group of discrete peripheral devices (computer, camera, a plurality of cable connectors, printer, barcode scanner, fingerprint reader, signature pad, etc.).
Therefore, it would have been obvious to one of ordinarily skill in the art before the effective filing date of the claimed invention to combine the teachings of Bowles to the imaging component of Graffia to include ...the apparatus, comprising a movable imaging component configured to capture one or more images of the electronic device at one or more angles; a processor within the housing and in communication with the movable imaging component, the processor configured to:facilitate movement of the moveable imaging component to capture the one or more images of the electronic device
One would have been motivated to combine the teachings of Bowles to Graffia to do so as it provides / allows recycling mobile phones in a manner that is enticing to a consumer yet financially rewarding to the recycler. (Bowles, [0011]).
However, in an analogous art, Edmondson teaches
transmit the unique identifier to a remote processing device for use by a second apparatus to identify the electronic device ([0098]-[0099] - The QRC code generated in step 1050 may be presented to a clerk at the store, or at a kiosk configured to receive the mobile device 1080. The clerk or kiosk may retrieve the information for device trade-in associated with the QRC code... At step 1140, the traded in mobile device 1080 may be automatically confirmed as received and a visual inspection of the mobile device 1080 may be accomplished). The examiner respectfully notes that “for use by a second apparatus to identify the electronic device” is the intended use of the second apparatus and is not subject to patentable weight; however, for the purposes of compact prosecution, citations are provided to reject this limitation.
Therefore, it would have been obvious to one of ordinarily skill in the art before the effective filing date of the claimed invention to combine the teachings of Edmondson to the second device of to Graffia in view of Bowles to include transmit the unique identifier to a remote processing device for use by a second apparatus to identify the electronic device
One would have been motivated to combine the teachings of Edmondson to Graffia in view of Bowles to do so as it provides / allows create natural and intuitive flows to the tasks that make it easy for the user to follow and complete the trade-in process (Edmondson, [0011]).
Regarding Claim(s) 10 and 12; claim(s) 10 and 12 is/are directed to a/an apparatus associated with the system claimed in claim(s) 3 and 8. Claim(s) 10 and 12 is/are similar in scope to claim(s) 3 and 8, and is/are therefore rejected under similar rationale.
Regarding Claim 11;
Graffia in view of Bowles and Edmondson disclose the apparatus to Claim 11.
Graffia further disclsoes ... wherein the processor is further configured to obtain an image of a user ... (Abstract and FIG. 3, supported by Provisional Application 62,008,949 and [0038]).
Bowles further teaches wherein the moveable imaging component is a first imaging component (FIG. 1 and [0035] - FIG. 1 illustrates a partially schematic front isometric view of a recycling kiosk 100 for analyzing a mobile phone and financial remuneration to a user for submission of the mobile phone. The kiosk 100 is of a typical size and shape of a vending machine, such as a soda machine, coin changing machine, can recycling machine, or other vending machines and [0043] and [0069] - In another embodiment, a "micro-kiosk" has the same facilities for visual/electrical inspection but does not necessarily bin and store the products it evaluates. The micro-kiosk is used by an operator, perhaps with a group of discrete peripheral devices (computer, camera, a plurality of cable connectors, printer, barcode scanner, fingerprint reader, signature pad, etc.)), wherein the apparatus further comprises a second imaging component, and wherein the processor is further configured to obtain an image of a user via the second imaging component ([0050] - The recycling kiosk 100 also includes a digital camera to record the image of the user for purposes of complying with the Second Hand Dealer Laws of various States).
Similar rationale and motivation is noted for the combination of Bowles to Graffia in view of Bowles and Edmondson, as per claim 1, above.
Regarding Claim 13;
Graffia discloses a method for evaluating an electronic device from a user (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – [0001] – An example preferred application of the invention is to trade-in and retail transactions involving such devices), the method comprising:
providing a first device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0011] – ...a retail station for electronic device identification and assessment and [0016]), the first device having:
at least one wired and/or wireless electrical connector configured to connect to the electronic device (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0021] - Specific preferred configurations consistent with the drawing include a small footprint, multiple USB ports to connect to various mobile devices, the ability to access the internet via cellular networks over a locally sourced cellular hotspot...);
a ... imaging component configured to capture one or more images of the electronic device at one or more angles (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0028] - The retail station can also assist a retail customer service representative in determining a cosmetic condition of the device. This can be guided, for example, with the retail station providing instructions or images to compare the device to or with the retail station imaging portions of the device and conducting an analysis of the images and [0039]); and
a processor in communication with the ... imaging component and the wired and/or wireless electrical connector (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0013]-[0014] - In other embodiments the retail station is created by code run on a multi- purpose device used in a retail location, such as a computer terminal or tablet computer. The software including retail station functions of the invention provides a new device to facilitate electronic device commerce at retail locations. In other embodiments, the retail station is a stand-alone device);
at the first device:
receiving information from the electronic device via the wired and/or wireless electrical connector (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0037] - Preferred embodiments assist in device identification both electronically and visually. A connected device is queried to retrieve identity information and other information such as the memory capacity of the device, the processor used by the device, the operating system used by the device and other available information.);
capturing the one or more images of the electronic device at the one or more angles via the ... imaging component (Abstract and FIG. 3, supported by Provisional Application 62/008,949 – Drawing and [0028] -The retail station can also assist a retail customer service representative in determining a cosmetic condition of the device. This can be guided, for example, with the retail station providing instructions or images to compare the device to or with the retail station imaging portions of the device and conducting an analysis of the images and [0037] - Preferred embodiments assist in device identification both electronically and visually... In addition to electronic information retrieved from the device a physical description and visual identification aid are provided to visually identify the device. The retail customer service representative is guided in determining if the visual identification is consistent with the electrical identification, or the device can be electronically assessed with imaging technology and [0039]); and
displaying a price for the electronic device (Abstract and FIG. 3, supported by Provisional Application 62,008,949 – Drawing and [0011] and [0015] and [0029] – The station can provide a value suggestion and [0040] - Preferred embodiments correlate the collected electronic device data and cosmetic data to determine a remuneration value for the electronic device); and
at a second device (Abstract and [0059] – retailer’s point of sale system supported by Provisional Application 62,008,949 – [0016] - and [0026] and [0041]),:
receiving the electronic device from the user (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – Drawing and [0011] and [0025] and [0016] – Preferably, the station also includes software to interface with the retailer’s retail transaction and accounting system and [0026] – Preferred embodiments also provide for integration, or connectivity with customer inventory and/or accounting systems, e.g. ERP (enterprise resource planning,) (RMS) retail management system), to process transaction... and [0041] - Preferred embodiments capture transaction details and/or communicate such details to retailer transaction systems.... Example details can include device information, cosmetic condition, model type, customer information, date, time, location, and other information is collected into a database (i.e., association). This information can be made available for reporting and analysis of transactions);
receiving at least one of the one or more images captured by the moveable imaging component (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – [0016] - Preferably, the station also includes software to interface with the retailer's retail transaction and accounting system and [0039] - Preferred embodiment guiding software can guide the retail customer service representative and customer through the cosmetic evaluation of the electronic device. The guidance may include quantity of scratches and blemishes, surface scars, general wear and tear, and other criteria. The guidance may be in the form of a checklist, or implemented with visual examples. In other embodiments, the device is imaged and inspected electronically for condition. and [0041] - Preferred embodiments capture transaction details and/or communicate such details to retailer transaction systems and/or to retail station support, informatics and analytics database. Example details can include device information, cosmetic condition, model type, customer information, date, time, location, and other information is collected into a database. This information can be made available for reporting and analysis of transactions). As reasonably construed cosmetic condition communicated to a retailer transaction system includes an imaged device; and
[reporting/analysis] based on the at least one of the one or more images captured by the moveable imaging component (Abstract and [0059] – retailer’s point of sale system and supported by Provisional Application 62,008,949 – [0016] - Preferably, the station also includes software to interface with the retailer's retail transaction and accounting system and [0039] - Preferred embodiment guiding software can guide the retail customer service representative and customer through the cosmetic evaluation of the electronic device. The guidance may include quantity of scratches and blemishes, surface scars, general wear and tear, and other criteria. The guidance may be in the form of a checklist, or implemented with visual examples. In other embodiments, the device is imaged and inspected electronically for condition. and [0041] - Preferred embodiments capture transacti