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 action is in reply to the preliminary amendment filed on 2/13/2025.
Claims 4, 7-8, and 11-14 have been amended and are hereby entered.
Claims 1-14 are currently pending and have been examined.
Information Disclosure Statement
All references listed in the IDS documents filed on 2/13/2025 and 6/09/2026 have been considered.
Claim Objections
Claim 9 is objected to because of the following informalities:
In Claim 9, “wherein the transaction management device includes,” should read “wherein the transaction management device includes:”
In Claim 9, “the user terminal device includes,” should read “the user terminal device includes:”
Appropriate correction is required.
Claim Interpretation
Claims 11-14, variously depending upon Claims 1 or 10, and each of which recite the same limitations of the claim upon which they depend associated with a different statutory category (ie: Claims 11-12 claim these limitations as a method for executing a process comprising said steps, and Claims 13-14 claim these limitations as program instructions causing a computer to perform said steps). These limitations, repeated using slightly different verbiage as appropriate in relation to the shift in statutory category, are interpreted as a superfluous reiteration of the limitations of Claims 1 or 10 (which each of Claims 11-14 already incorporate via their respective dependencies) rather than as separate and distinct limitations. This interpretation has the additional benefit of avoiding a host of 112(b) antecedent basis issues stemming from multiple claiming of the same steps and repeated terms within such steps.
Claim 9 recites a variety of structural “means.” Despite the presence of “means” here, these terms are not interpreted under 112(f) (at least in view of the separate 112(f) interpretation of “a transaction management device” in Claim 9) as they each follow from one of the following roots: “wherein the transaction management device includes” or “the user terminal device includes.”
Similarly to Claim 9, Claim 10 recites a variety of structural “means.” Despite the presence of “means” here, these terms are not interpreted under 112(f) as they are each claimed as comprised by the “user terminal device,” the structure of which would be readily understood as drafted by one of ordinary skill in the art (ie: as a computing device comprising at least a processor and memory, capable of digital communication with other computing devices).
Also similarly to Claim 9, Claims 13-14 each recite a variety of structural “means.” Despite the presence of “means” here, these terms are not interpreted under 112(f) as they all follow from the root “the program causing the computer to function as:,” thereby modifying these “means” with sufficient structure to perform the functions which these various means are claimed as performing.
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. Such claim limitation(s) is/are:
“information acquisition means” in Claim 1;
“update means” in Claim 1;
“transmission means” in Claim 1;
“registration means” in Claims 3 and 7;
“an expected information acquisition means” in Claim 4; and
“a transaction management device” in Claim 9.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-12 are 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.
Claims 11-12 recite a method “for executing a process by a computer of the” transaction management device according to Claim 1 and the user terminal device according to Claim 10 respectively. In each of these claims, the relationship between the recited computer and either the transaction management device or the user terminal device is unclear as drafted, as each of the transaction management device and the user terminal device are themselves considered a computer (including by extension of the 112(f) interpretations of the various “means” of these respective devices recited in Claims 1 and 10). In other words, this language reads as an element (in this case, a computer) comprising itself. For the purposes of this examination, “a computer” in Claims 11-12 is interpreted as “a processor.”
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding Claim 1, the limitations of acquire information on a progress status in each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user; update status information according to each step based on the information on the progress status; and transmit screen information including the status information to a user terminal device owned by the user, in response to a viewing request from the user terminal device, as drafted, are processes that, under their broadest reasonable interpretations, cover certain methods of organizing human activity. For example, these limitations fall at least within the enumerated categories of commercial or legal interactions and/or managing personal behavior or relationships or interactions between people (see MPEP 2106.04(a)(2)(II)).
Additionally, the limitations of acquire information on a progress status in each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user; update status information according to each step based on the information on the progress status; and transmit screen information including the status information to a user terminal device owned by the user, in response to a viewing request from the user terminal device, as drafted, are processes that, under their broadest reasonable interpretations, cover mental processes. For example, these limitations recite activity comprising observations, evaluations, judgments, and opinions (see MPEP 2106.04(a)(2)(III)).
If a claim limitation, under its broadest reasonable interpretation, covers fundamental economic principles or practices, commercial or legal interactions, managing personal behavior or relationships, or managing interactions between people, it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind or with the aid of pen and paper but for recitation of generic computer components, it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a transaction management device comprising information acquisition means, update means, and transmission means; and a user terminal device. These, in the context of the claim as a whole, amount to no more than mere instructions to apply a judicial exception (see MPEP 2106.05(f)). Accordingly, these additional elements do not integrate the abstract ideas into a practical application because they do not, individually or in combination, impose any meaningful limits on practicing the abstract ideas. The claim is therefore directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the judicial exception into a practical application, the additional elements amount to no more than mere instructions to apply a judicial exception for the same reasons as discussed above in relation to integration into a practical application. These cannot provide an inventive concept. Therefore, when considering the additional elements alone and in combination, there is no inventive concept in the claim, and thus the claim is not patent eligible.
Claims 2-8, 11, and 13, describing various additional limitations to the machine of Claim 1, amount to substantially the same unintegrated abstract idea as Claim 1 (upon which these claims depend, directly or indirectly) and are rejected for substantially the same reasons.
Claim 2 discloses wherein the content evaluation process includes an evaluation step pertaining to evaluation of the recycled raw material (further defining the abstract idea set forth in Claim 1); the information on the progress status includes an evaluation result accepted in the evaluation step (further defining the abstract idea set forth in Claim 1); and the update means updates the status information in response to acquisition of the evaluation result by the information acquisition means (further defining the abstract idea set forth in Claim 1), which do not integrate the claim into a practical application.
Claim 3 discloses registration means (mere instructions to apply a judicial exception) configured to register the evaluation result (an abstract idea in the form of a certain method of organizing human activity and a mental process); and wherein the transmission means transmits the screen information including the evaluation result registered in the registration means to the user terminal device in response to the viewing request (further defining the abstract idea set forth in Claim 1), which do not integrate the claim into a practical application.
Claim 4 discloses an expected information acquisition means (mere instructions to apply a judicial exception) configured to acquire expected information indicating an expectation pertaining to the transaction designated by the user (an abstract idea in the form of a certain method of organizing human activity and a mental process); wherein the information on the progress status includes input information pertaining to the transaction, the input information having been accepted from a work staff (further defining the abstract idea set forth in Claim 1); and the transmission means transmits a confirmation notification based on a deviation between the expected information and the input information to the user terminal device (an abstract idea in the form of a certain method of organizing human activity and a mental process), which do not integrate the claim into a practical application.
Claim 5 discloses wherein the expected information includes an expected weight of the recycled raw material designated by the user (further defining the abstract idea set forth in Claim 4); the content evaluation process includes a weighing step of weighing a weight of the recycled raw material (an abstract idea in the form of a certain method of organizing human activity and a mental process); the input information includes a weighing result in the weighing step (further defining the abstract idea set forth in Claim 4); and the transmission means transmits the confirmation notification based on a deviation between the expected weight and the weighing result to the user terminal device (further defining the abstract idea set forth in Claim 4), which do not integrate the claim into a practical application.
Claim 6 discloses wherein the content evaluation process includes a sampling step of sampling the recycled raw material (an abstract idea in the form of a certain method of organizing human activity and a mental process); the expected information includes information indicating one sampling method designated by the user among a plurality of sampling methods to be used in the sampling step (further defining the abstract idea set forth in Claim 4); the input information includes information indicating another sampling method different from the one sampling method, the another sampling method being designated by the work staff (further defining the abstract idea set forth in Claim 4); and the transmission means transmits the confirmation notification based on the one sampling method and the another sampling method to the user terminal device (further defining the abstract idea set forth in Claim 4), which do not integrate the claim into a practical application.
Claim 7 discloses wherein the content evaluation process includes a step of capturing an image of the recycled raw material (mere instructions to apply a judicial exception); registration means configured to register imaging data of the recycled raw material is provided (an abstract idea in the form of a certain method of organizing human activity and a mental process); and the transmission means transmits the screen information including the imaging data to the user terminal device in response to the viewing request from the user terminal device (further defining the abstract idea set forth in Claim 1), which do not integrate the claim into a practical application.
Claim 8 discloses wherein the content evaluation process includes at least any one step among a step of measuring a weight of the recycled raw material, a step of sampling the recycled raw material, and a step of analyzing a contained metal of the recycled raw material in a recycling factory (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Claim 11 discloses a method for executing a process, by a computer (mere instructions to apply a judicial exception), of the transaction management device, said process comprising the functions recited in Claim 1 (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Claim 13 discloses a program (mere instructions to apply a judicial exception) that causes the computer to perform the functions set forth in Claim 1 (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Regarding Claim 9, the limitations of acquire information on a progress status in each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user; update status information according to each step based on the information on the progress status; and transmit screen information including the status information to a user terminal device owned by the user, in response to a viewing request from the user terminal device; make the viewing request; receive the screen information from the transaction management device in response to the viewing request; and display the screen information received by the reception means, as drafted, are processes that, under their broadest reasonable interpretations, cover certain methods of organizing human activity. For example, these limitations fall at least within the enumerated categories of commercial or legal interactions and/or managing personal behavior or relationships or interactions between people (see MPEP 2106.04(a)(2)(II)).
Additionally, the limitations of acquire information on a progress status in each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user; update status information according to each step based on the information on the progress status; and transmit screen information including the status information to a user terminal device owned by the user, in response to a viewing request from the user terminal device; make the viewing request; receive the screen information from the transaction management device in response to the viewing request; and display the screen information received by the reception means, as drafted, are processes that, under their broadest reasonable interpretations, cover mental processes. For example, these limitations recite activity comprising observations, evaluations, judgments, and opinions (see MPEP 2106.04(a)(2)(III)).
If a claim limitation, under its broadest reasonable interpretation, covers fundamental economic principles or practices, commercial or legal interactions, managing personal behavior or relationships, or managing interactions between people, it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind or with the aid of pen and paper but for recitation of generic computer components, it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a transaction management device, wherein the transaction management device includes information acquisition means, update means, and transmission means; and a user terminal device, wherein the user terminal device includes request means, reception means, display control means, and a display unit. These, in the context of the claim as a whole, amount to no more than mere instructions to apply a judicial exception (see MPEP 2106.05(f)). Accordingly, these additional elements do not integrate the abstract ideas into a practical application because they do not, individually or in combination, impose any meaningful limits on practicing the abstract ideas. The claim is therefore directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the judicial exception into a practical application, the additional elements amount to no more than mere instructions to apply a judicial exception for the same reasons as discussed above in relation to integration into a practical application. These cannot provide an inventive concept. Therefore, when considering the additional elements alone and in combination, there is no inventive concept in the claim, and thus the claim is not patent eligible.
Regarding Claim 10, the limitations of make a viewing request for screen information to a transaction management device, the screen information including status information according to each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user, where the status information is updated based on information on a progress status in each step; receive the screen information from the transaction management device in response to the viewing request; and display the screen information received by the reception means, as drafted, are processes that, under their broadest reasonable interpretations, cover certain methods of organizing human activity. For example, these limitations fall at least within the enumerated categories of commercial or legal interactions and/or managing personal behavior or relationships or interactions between people (see MPEP 2106.04(a)(2)(II)).
Additionally, the limitations of make a viewing request for screen information to a transaction management device, the screen information including status information according to each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user, where the status information is updated based on information on a progress status in each step; receive the screen information from the transaction management device in response to the viewing request; and display the screen information received by the reception means, as drafted, are processes that, under their broadest reasonable interpretations, cover mental processes. For example, these limitations recite activity comprising observations, evaluations, judgments, and opinions (see MPEP 2106.04(a)(2)(III)).
If a claim limitation, under its broadest reasonable interpretation, covers fundamental economic principles or practices, commercial or legal interactions, managing personal behavior or relationships, or managing interactions between people, it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind or with the aid of pen and paper but for recitation of generic computer components, it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a user terminal device comprising request means, reception means, display control means, and a display unit; and a transaction management device. These, in the context of the claim as a whole, amount to no more than mere instructions to apply a judicial exception (see MPEP 2106.05(f)). Accordingly, these additional elements do not integrate the abstract ideas into a practical application because they do not, individually or in combination, impose any meaningful limits on practicing the abstract ideas. The claim is therefore directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the judicial exception into a practical application, the additional elements amount to no more than mere instructions to apply a judicial exception for the same reasons as discussed above in relation to integration into a practical application. These cannot provide an inventive concept. Therefore, when considering the additional elements alone and in combination, there is no inventive concept in the claim, and thus the claim is not patent eligible.
Claims 12 and 14, describing various additional limitations to the machine of Claim 10, amount to substantially the same unintegrated abstract idea as Claim 10 (upon which these claims depend, directly or indirectly) and are rejected for substantially the same reasons.
Claim 12 discloses a method for executing a process, by a computer (mere instructions to apply a judicial exception), of the transaction management device, said process comprising the functions recited in Claim 10 (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Claim 14 discloses a program (mere instructions to apply a judicial exception) that causes the computer to perform the functions set forth in Claim 10 (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Claim Rejections – 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (PGPub 20180060931) (hereafter, “Yang”).
Regarding Claim 1, Yang discloses:
A transaction management device comprising information acquisition means configured to acquire information on a progress status in each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user (¶ 0008, 0022, 0024, 0031, 0039; Figs. 1, 5, 7-9; sorting the valuable item and recording a weight of the valuable item to generate a recycling record; the electronic data processing device searches a recycling record according to data of the user and valuable item and computes a transaction price according to the weight and unit price of the valuable item; the processing device is networked to the electronic data processing device for sorting the valuable item, recording a weight of the valuable item to generate a receiving data, and sending the receiving data to the electronic data processing device; the magnetic device is used for distinguishing a metal type of valuable items to generate a second identification data; the electronic data processing device will compare the second identification data with the recycling record; step S18; steps S22/S30/S38);
update means configured to update status information according to each step based on the information on the progress status (¶ 0021-0022, 0039; Figs. 5, 7-9; recording a weight of the valuable item to generate a receiving data; in step S30, confirm if the second identification data is in accordance with the recycling record); and
transmission means configured to transmit screen information including the status information to a user terminal device owned by the user, in response to a viewing request from the user terminal device (¶ 0006, 0025, 0039; Figs. 1, 5, 7-9; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items; in step S32, pay the transaction price to the user's bank account if yes in step S30; in step S34, do not pay the transaction price to the user's bank account if no in step S30).
Regarding Claim 2, Yang discloses the limitations of Claim 1. Yang additionally discloses:
wherein the content evaluation process includes an evaluation step pertaining to evaluation of the recycled raw material (¶ 0008, 0022, 0024, 0031, 0038-0040; Figs. 1, 5, 7-8; sorting the valuable item and recording a weight of the valuable item to generate a recycling record; the electronic data processing device searches a recycling record according to data of the user and valuable item and computes a transaction price according to the weight and unit price of the valuable item; the processing device is networked to the electronic data processing device for sorting the valuable item, recording a weight of the valuable item to generate a receiving data, and sending the receiving data to the electronic data processing device; the magnetic device is used for distinguishing a metal type of valuable items to generate a second identification data; the electronic data processing device will compare the second identification data with the recycling record; step S18);
the information on the progress status includes an evaluation result accepted in the evaluation step (¶ 0008, 0022, 0024, 0031, 0039; Figs. 1, 5, 7-8; sorting the valuable item and recording a weight of the valuable item to generate a recycling record; the electronic data processing device searches a recycling record according to data of the user and valuable item and computes a transaction price according to the weight and unit price of the valuable item; the processing device is networked to the electronic data processing device for sorting the valuable item, recording a weight of the valuable item to generate a receiving data, and sending the receiving data to the electronic data processing device; the magnetic device is used for distinguishing a metal type of valuable items to generate a second identification data; the electronic data processing device will compare the second identification data with the recycling record; step S18); and
the update means updates the status information in response to acquisition of the evaluation result by the information acquisition means (¶ 0021-0022, 0039; Figs. 5, 7-9; recording a weight of the valuable item to generate a receiving data; in step S30, confirm if the second identification data is in accordance with the recycling record).
Regarding Claim 3, Yang discloses the limitations of Claim 2. Yang additionally discloses:
registration means configured to register the evaluation result (¶ 0007-0008, 0022, 0024, 0031, 0039; Figs. 1, 5, 7-9; recording a weight of the valuable item to generate a receiving data; sorting the valuable item and recording a weight of the valuable item to generate a recycling record; sorting the valuable item and recording a weight of the valuable item to generate a recycling record; the electronic data processing device searches a recycling record according to data of the user and valuable item and computes a transaction price according to the weight and unit price of the valuable item; the processing device is networked to the electronic data processing device for sorting the valuable item, recording a weight of the valuable item to generate a receiving data, and sending the receiving data to the electronic data processing device; the magnetic device is used for distinguishing a metal type of valuable items to generate a second identification data; the electronic data processing device will compare the second identification data with the recycling record; step S18); and
wherein the transmission means transmits the screen information including the evaluation result registered in the registration means to the user terminal device in response to the viewing request (¶ 0006, 0025, 0039; Figs. 1, 5, 7-9; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items; in step S32, pay the transaction price to the user's bank account if yes in step S30; in step S34, do not pay the transaction price to the user's bank account if no in step S30).
Regarding Claim 7, Yang discloses the limitations of Claim 1. Yang additionally discloses:
wherein the content evaluation process includes a step of capturing an image of the recycled raw material (¶ 0027-0028; Fig. 3; the recycling device further includes an electronic tag identification device and a camera; the electronic tag identification device is connected to the electronic data processing device via the cloud network for reading user data and valuable item data stored in the electronic tag and sending the data to the electronic data processing device; the electronic tag may be a barcode of 1D or 2D);
registration means configured to register imaging data of the recycled raw material is provided (¶ 0027-0028; Fig. 3; the recycling device further includes an electronic tag identification device and a camera; the electronic tag identification device is connected to the electronic data processing device via the cloud network for reading user data and valuable item data stored in the electronic tag and sending the data to the electronic data processing device; the electronic tag may be a barcode of 1D or 2D); and
the transmission means transmits the screen information including the imaging data to the user terminal device in response to the viewing request from the user terminal device (¶ 0026-0028, 0036; Figs. 2-3; the user application device includes a display module; the control module is used for receiving and encoding the data of the user and the valuable item to generate an electronic tag which is shown on the display module).
Regarding Claim 8, Yang discloses the limitations of Claim 1. Yang additionally discloses wherein the content evaluation process includes at least any one step among a step of measuring a weight of the recycled raw material, a step of sampling the recycled raw material, and a step of analyzing a contained metal of the recycled raw material in a recycling factory (¶ 0008, 0022, 0024, 0030-0031, 0038-0040; Figs. 1, 5, 7-8; the mass spectrometer is used for distinguishing composition of a plastic type of the valuable items to generate a first identification data and sending the first identification data to the electronic data processing device; the magnetic device is used for distinguishing a metal type of valuable items to generate a second identification data; the electronic data processing device will compare the second identification data with the recycling record; steps S20/S28/S36).
Regarding Claim 9, Yang discloses:
a transaction management device (¶ 0018-0023; Fig. 1; electronic data processing device);
a user terminal device provided by a customer (¶ 0018-0023; Figs. 1-2; user application device);
wherein the transaction management device includes information acquisition means configured to acquire information on a progress status in each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user (¶ 0008, 0022, 0024, 0031, 0039; Figs. 1, 5, 7-9; sorting the valuable item and recording a weight of the valuable item to generate a recycling record; the electronic data processing device searches a recycling record according to data of the user and valuable item and computes a transaction price according to the weight and unit price of the valuable item; the processing device is networked to the electronic data processing device for sorting the valuable item, recording a weight of the valuable item to generate a receiving data, and sending the receiving data to the electronic data processing device; the magnetic device is used for distinguishing a metal type of valuable items to generate a second identification data; the electronic data processing device will compare the second identification data with the recycling record; step S18);
update means configured to update status information according to each step based on the information on the progress status (¶ 0021-0022, 0039; Figs. 5, 7-9; recording a weight of the valuable item to generate a receiving data; in step S30, confirm if the second identification data is in accordance with the recycling record); and
transmission means configured to transmit screen information including the status information to a user terminal device owned by the user, in response to a viewing request from the user terminal device (¶ 0006, 0025, 0039; Figs. 1, 5, 7-9; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items; in step S32, pay the transaction price to the user's bank account if yes in step S30; in step S34, do not pay the transaction price to the user's bank account if no in step S30);
the user terminal device includes request means configured to make the viewing request (¶ 0006, 0018-0019, 0025-0027, 0039; Figs. 1-2, 5, 7-9; the user application device, recycling device and processing device are connected to the electronic data processing device via cloud network; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items);
reception means configured to receive the screen information from the transaction management device in response to the viewing request (¶ 0006, 0018-0019, 0025-0027, 0039; Figs. 1-2, 5, 7-9; the user application device, recycling device and processing device are connected to the electronic data processing device via cloud network; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items); and
display control means configured to cause a display unit to display the screen information received by the reception means (¶ 0006, 0025-0027, 0039; Figs. 2-3, 5, 7-9; the user application device further includes a display module which is electronically connected to the control module for showing the user data and valuable item data; the user application device, recycling device and processing device are connected to the electronic data processing device 14 via cloud network; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items).
Regarding Claim 10, Yang discloses:
a user terminal device comprising request means configured to make a viewing request for screen information to a transaction management device, the screen information including status information according to each step including a content evaluation process of a transaction pertaining to a recycled raw material containing a valuable metal delivered by a user, where the status information is updated based on information on a progress status in each step (¶ 0006, 0018-0019, 0025-0027, 0039; Figs. 1-2, 5, 7-9; the user application device, recycling device and processing device are connected to the electronic data processing device via cloud network; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items);
reception means configured to receive the screen information from the transaction management device in response to the viewing request (¶ 0006, 0018-0019, 0025-0027, 0039; Figs. 1-2, 5, 7-9; the user application device, recycling device and processing device are connected to the electronic data processing device via cloud network; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items); and
display control means configured to cause a display unit to display the screen information received by the reception means (¶ 0006, 0025-0027, 0039; Figs. 2-3, 5, 7-9; the user application device further includes a display module which is electronically connected to the control module for showing the user data and valuable item data; the user application device, recycling device and processing device are connected to the electronic data processing device 14 via cloud network; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items).
Regarding Claim 11, Yang discloses the limitations of Claim 1. Yang additionally discloses a method for executing a process, by a computer, of the transaction management device, said process comprising the functions recited in Claim 1 (¶ 0023; Figs. 1, 5, 7-9; Claim 5; the electronic data processing device is a server with cloud computing).
Regarding Claim 12, Yang discloses the limitations of Claim 1. Yang additionally discloses a method for executing a process, by a computer, of the transaction management device, said process comprising the functions recited in Claim 10 (¶ 0023; Figs. 1, 5, 7-9; Claim 4; the user application device is a mobile device or desktop computer).
Regarding Claim 13, Yang discloses the limitations of Claim 1. Yang additionally discloses a program that causes the computer to perform the functions set forth in Claim 1 (¶ 0023; Figs. 1, 5, 7-9; Claim 5; the electronic data processing device is a server with cloud computing).
Regarding Claim 14, Yang discloses the limitations of Claim 1. Yang additionally discloses a program that causes the computer to perform the functions set forth in Claim 10 (¶ 0023; Figs. 1, 5, 7-9; Claim 4; the user application device is a mobile device or desktop computer).
Claim Rejections – 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Chan et al (PGPub 20190304236) (hereafter, “Chan”).
Regarding Claim 4, Yang discloses the limitations of Claim 1. Yang additionally discloses:
an expected information acquisition means configured to acquire expected information indicating an expectation pertaining to the transaction designated by the user (¶ 0034; Fig. 5; in step S10, receive data of a user and a valuable item and encode the data of the user and the valuable item to generate an electronic tag); and
the transmission means transmits a confirmation notification based on a deviation between the expected information and the input information to the user terminal device (¶ 0006, 0025, 0038-0040; Figs. 1, 5, 7-9; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items; in step S24/S32/S40, pay the transaction price to the user's bank account if yes in step S22/S30/S38; in step S26/S34/S42, do not pay the transaction price to the user's bank account if no in step S22/S30/S38).
Yang additionally discloses wherein the information on the progress status includes input information pertaining to the transaction (¶ 0035, 0038-0040; Figs. 5, 7-9; in step S16, distinguish the recycling record according to the data of the user and valuable item; sort a plastic type of valuable items to generate a first identification data in step S20; in step S22, confirm if the first identification data is in accordance with the recycling record; sort a metal type of valuable items to generate a second identification data in step S28; in step S30, confirm if the second identification data is in accordance with the recycling record; weigh the valuable item to generate a weight data; in step S38, confirm if the weight data is in accordance with the recycling record). Yang does not explicitly disclose but Chan does disclose the input information having been accepted from a work staff (Abstract; ¶ 0019, 0043, 0050; a system for managing waste materials and tracking the portion of received recyclable materials that are recycled and/or monetized; it will also be appreciated that in addition to the single CPR indicator, a significant amount of underlying data and/or other key performance indicators (“KPIs”) may be recorded, reported, visualized, presented, analyzed, and/or used by the operator for a variety of purposes; information may also be collected using RFID or other near field communication labels or may be manually determined and entered into a terminal and/or database by an operator).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include the recycling transaction processing techniques of Chan with the recycling transaction processing and tracking system of Yang because the combination merely applies a known technique to a known device/method/product ready for improvement to yield predictable results (see KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 415-421 (2007) and MPEP 2143). The known techniques of Chan are applicable to the base device (Yang), the technical ability existed to improve the base device in the same way, and the results of the combination are predictable because the function of each piece (as well as the problems in the art which they address) are unchanged when combined.
Regarding Claim 5, Yang in view of Chan discloses the limitations of Claim 4. Yang additionally discloses:
wherein the expected information includes an expected weight of the recycled raw material designated by the user (¶ 0034; Figs. 5, 9; in step S10, receive data of a user and a valuable item and encode the data of the user and the valuable item to generate an electronic tag; in step S12, receive the valuable item by recording the data of the user and confirming the data of the valuable item according to the electronic tag; in step S14, sort the valuable item and recording a weight of the valuable item to generate a recycling record);
the content evaluation process includes a weighing step of weighing a weight of the recycled raw material (¶ 0032, 0040; Fig. 9; in step S36, weigh the valuable item to generate a weight data; the scale can weigh the valuable item to generate a weight data and send the weight data to the electronic data processing device);
the input information includes a weighing result in the weighing step (¶ 0032, 0040; Fig. 9; in step S36, weigh the valuable item to generate a weight data; in step S38, confirm if hte weight data is in accordance with the recycling record; the scale can weigh the valuable item to generate a weight data and send the weight data to the electronic data processing device; the electronic data processing device will compare the weight data with the recycling record); and
the transmission means transmits the confirmation notification based on a deviation between the expected weight and the weighing result to the user terminal device (¶ 0006, 0025, 0038-0040; Figs. 1, 5, 7-9; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items; in step S24/S32/S40, pay the transaction price to the user's bank account if yes in step S22/S30/S38; in step S26/S34/S42, do not pay the transaction price to the user's bank account if no in step S22/S30/S38).
Regarding Claim 5, Yang in view of Chan discloses the limitations of Claim 4. Yang additionally discloses:
wherein the content evaluation process includes a sampling step of sampling the recycled raw material (¶ 0038-0039; Figs. 7-8; sort a plastic type of valuable items to generate a first identification data in step S20; sort a metal type of valuable items to generate a second identification data in step S28);
the expected information includes information indicating one sampling method designated by the user among a plurality of sampling methods to be used in the sampling step (¶ 0034, 0038-0039; Figs. 5, 9; in step S10, receive data of a user and a valuable item and encode the data of the user and the valuable item to generate an electronic tag; in step S12, receive the valuable item by recording the data of the user and confirming the data of the valuable item according to the electronic tag; in step S14, sort the valuable item and recording a weight of the valuable item to generate a recycling record; sort a plastic type of valuable items to generate a first identification data in step S20; in step S22, confirm if the first identification data is in accordance with the recycling record; sort a metal type of valuable items to generate a second identification data in step S28; in step S30, confirm if the second identification data is in accordance with the recycling record); and
the transmission means transmits the confirmation notification based on the one sampling method and the another sampling method to the user terminal device (¶ 0006, 0025, 0038-0040; Figs. 1, 5, 7-9; the user application device may be installed with a mobile application (app); when a user wants to recycle a recyclable item, he or she can use the user application device to find out a member service website provided by the invention; the user application device allows the user to check user data, valuable item data, recycling record, and weight and price of valuable items; in step S24/S32/S40, pay the transaction price to the user's bank account if yes in step S22/S30/S38; in step S26/S34/S42, do not pay the transaction price to the user's bank account if no in step S22/S30/S38).
Yang additionally discloses the input information includes information indicating another sampling method different from the one sampling method (¶ 0035, 0038-0040; Figs. 5, 7-9; in step S16, distinguish the recycling record according to the data of the user and valuable item; sort a plastic type of valuable items to generate a first identification data in step S20; in step S22, confirm if the first identification data is in accordance with the recycling record; sort a metal type of valuable items to generate a second identification data in step S28; in step S30, confirm if the second identification data is in accordance with the recycling record; weigh the valuable item to generate a weight data; in step S38, confirm if the weight data is in accordance with the recycling record). Yang does not explicitly disclose but Chan does disclose the input information having been accepted from a work staff (Abstract; ¶ 0019, 0043, 0050; a system for managing waste materials and tracking the portion of received recyclable materials that are recycled and/or monetized; it will also be appreciated that in addition to the single CPR indicator, a significant amount of underlying data and/or other key performance indicators (“KPIs”) may be recorded, reported, visualized, presented, analyzed, and/or used by the operator for a variety of purposes; information may also be collected using RFID or other near field communication labels or may be manually determined and entered into a terminal and/or database by an operator).
The rationale to combine remains the same as for Claim 4.
Discussion of Prior Art Cited but Not Applied
For additional information on the state of the art regarding the claims of the present application, please see the following documents not applied in this Office Action (all of which are prior art to the present application):
PGPub 20080172298 – “Method of Implementing an Incentive-Based Recycling System,” Gonen
PGPub 20180144296 – “Visual Tracking and Processing of Electronic Devices,” Engel et al
PGPub 20210081516 – Automated Authentication Systems and Methods Including Automated Waste Management System with Automated Weight Ticket and Authentication,” Storey et al
Hull, Bar-Code Automated Waste Tracking System, Allied-Signal Aerospace Co., Kansas City Div., Report No. KCP-613-5425 (published 1994)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK C CLARE whose telephone number is (571)272-8748. The examiner can normally be reached Monday-Friday 6:30am-2:30pm EST.
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/MARK C CLARE/Examiner, Art Unit 3628
/MICHAEL P HARRINGTON/Primary Examiner, Art Unit 3628
