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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/19/24 has been entered.
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) 1-4, 10, 12, 14-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durkee et al (US 2020/0065748 A1) in view of Ganz et al (US 2020/0154246 A1), further in view of Sanjay et al (US 2020/0126125 A1), further in view of Duron et al (US 2019/0204897 A1), further in view of DeBonet et al (US 2020/0275059 A1), further in view of Martin et al (US 6,834,452 B2), further in view of Cote et al (US 10,192,157 B2), further in view of Chaves et al (US 2009/0231135 A1) and further in view of Cash (US 2004/0232092 A1).
Regarding Claim 1, Durkee teaches a mobile battery powered smart shelving unit, i.e., item storage cart (102), as illustrated in figures 1-5, and as mentioned at paragraphs 44 and 56, to improve retail efficiency, comprising:
a wheeled frame (308, 310), as illustrated in figures 4-6, having a plurality of reconfigurable shelves (532, 534), as illustrated in figures 6-10, for receiving merchandise items thereon, as mentioned at paragraph 23, for example;
a battery, i.e., an electric battery, as mentioned at paragraph 44, third sentence, to provide electrical power for any electrical componentry on the smart shelving unit (102);
a computer, i.e. processor (106), as illustrated at figures 1, 3, and Wi-Fi module, configured for wireless communication, i.e., the communication interface component (114) as mentioned at paragraph 31, and noting network (112) in paragraph 30 and as illustrated at figure 1,
with a central computer hub, i.e., remote computer (116), as illustrated in figure 1, to exchange information with central computer hub, as mentioned at paragraph 32,
at least one display screen, i.e., interface component (110, 516), as illustrated in figures 1 and 5 and as mentioned at paragraphs 29, 64 and 65, in communication with the computer (106) and the Wi-Fi module (114), for displaying information related to the merchandise items placed on the plurality of reconfigurable shelves, (532, 534), as mentioned at paragraph 38, first sentence, i.e., “the user interface component 110 in some examples outputs a location of a selected item within an item selection area identified for placement within a first storage container on the storage cart”;
a low frequency Bluetooth module, i.e., “a BLUETOOTH brand communication module”, as mentioned at paragraph 29, last sentence, in communication with the computer (106) and configured to communicate with other low frequency Bluetooth devices within range, noting the mention of near-field communication (NFC) tags at paragraph 31, last sentence; and
at least one RFID reader/scanner, i.e., scanner devices (1116), as illustrated in figure 1 and as mentioned at paragraph 89, first sentence and paragraph 90, second sentence, in communication with the computer (106) and
configured to detect a presence or absence of merchandise RFID tags within merchandise, as mentioned at paragraph 89, third sentence, i.e., “[t]he set of scanner devices generates scan data 1118 associated with an item scanned by the user”, so that when the merchandise is changed, the at least one RFID reader/scanner (1116) can identify that particular merchandise change and notify the computer (106) to update the display (114) with new merchandise information, as mentioned at paragraph 38, i.e., “[t]he user interface component 110 in some examples outputs a location of a selected item within an item selection area identified for placement within a first storage container on the storage cart”.
Regarding Claim 1, Durkee teaches wherein the low-frequency Bluetooth module (114) communicates with a plurality of other low-frequency Bluetooth modules on other smart shelving units to track and monitor locations of the other smart shelving units simultaneously to optimize retail efficiency, as mentioned at paragraph 31, third sentence, which states as follows.
[0031] In some examples, the system 100 optionally includes a communications interface component 114. The communications interface component 114 includes a network interface card and/or computer-executable instructions (e.g., a driver) for operating the network interface card. Communication between the item storage cart 102 and other devices, such as but not limited to the data storage device 115 and/or a remote computing device 116, may occur using any protocol or mechanism over any wired or wireless connection. In some examples, the communications interface component 114 is operable with short range communication technologies such as by using near-field communication (NFC) tags.
Emphasis provided.
Regarding Claim 1, Durkee does not expressly teach wherein the low-frequency Bluetooth module communicates with a plurality of other low-frequency Bluetooth modules on other smart shelving.
Regarding Claim 1, Durkee does not expressly teach, but Ganz teaches wherein the low-frequency Bluetooth module communicates with a plurality of other low-frequency Bluetooth modules on other smart shelving units to track and monitor locations of the other smart shelving units simultaneously to optimize retail efficiency.
Regarding Claim 1, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the low-frequency Bluetooth module communicates with a plurality of other low-frequency Bluetooth modules on other smart shelving, as taught by Ganz, in Durkee’s smart shelving unit system, for the purpose of effectuating communication between various parts of Durkee’s smart shelving system, as mentioned by Durkee and Ganz.
Regarding Claim 1, Durkee does not expressly teach, but Ganz teaches wherein the low-frequency Bluetooth module communicates with a plurality of other low-frequency Bluetooth modules (BB1-B8, 28, 30), via mesh network (12) and network system (10), including central station secure Wi-Fi (16) and low energy bluetooth central station (24), on other mobile battery powered smart shelving units (26) to track and monitor locations of the other smart shelving units simultaneously to optimize retail efficiency, as illustrated in figures 1-5 and as mentioned at paragraph 25, noting that a mesh network includes nodes that are connected to each other and that supports bi-directional communications between all nodes. See paragraph 25, as follows.
[0025] Referring now to the drawings and the characters of reference marked thereon, FIG. 1 illustrates a preferred embodiment of the low energy mesh network system of the present invention, designated generally as 10, as implemented in a store environment. The low energy mesh network system 10 includes a mesh network, designated generally as 12. The mesh network 12 defines a virtual item container 12 having a plurality of virtual item container nodes B.sub.1, B.sub.2, B.sub.3, B.sub.4, B.sub.5, B.sub.6, B.sub.7, B.sub.8, defining boundaries for a physical container, such as a shopping cart 14. The mesh network tracks items to be positioned within the physical container 14. The virtual item container nodes comprise a plurality of Bluetooth low energy transceivers. A central station secure Wi-Fi 16 is operationally connectable (as indicated by arrows 68) to a smart device 18, typically a smart phone. In a typical retail environment, the central station, secure Wi-Fi 16 is positioned at the store ceiling 22. A low energy Bluetooth central station 24 is also typically positioned at the store ceiling 22. The store Bluetooth central station 24 may, for example, provide a beacon position ID less than or equal to 100 meters. In FIG. 1, a store shelf 26 is shown within the retail store environment. Several items X.sub.1, X.sub.2, X.sub.3, X.sub.4 are shown positioned on the store shelf 26. Local fixed Bluetooth beacons 28 are operably connected via link 66 to RF tags 30 positioned on the items X.sub.i. The product local fixed Bluetooth beacons 28 are operably connected via link 64 to the Bluetooth central station 24 to indicate location of the products through the Bluetooth central station 24. The physical position of each product local fixed beacon 28 is known through the Bluetooth central station 24.
Note that it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Since Durkee already teaches mobile battery powered smart shelving units and teaches communication of a smart shelving unit with other devices through the wi-fi network, it would have been obvious to have provided multiple smart shelving units as taught by Durkee, and to have enabled them to communicate with each other through a wireless wi-fi mesh network, as taught by Ganz, which enables bi-directional communication with each other shelving unit which each act as a bi-directional node. Note again that as each shelf unit acts as a node, each shelf unit can communicate with each other bidirectionally as at least a pass through communication means for other device if not for each other.
Regarding Claim 1, Durkee does not expressly teach wherein the low frequency Bluetooth module is configured to log a customer is near the smart shelving unit and then determine that after a period of time the customer has moved away from the smart shelving unit;
wherein the RFID reader/scanner is configured to log that a specific item was picked up from the smart shelving unit and put back; and
wherein the central computer hub is configured to determine the specific item was not purchased by the customer and to send a follow-up message to the customer regarding the unpurchased specific item.
Regarding Claim 1, Durkee does not expressly teach, but Sanjay teaches wherein the low frequency Bluetooth module, i.e., interpreted as distribution circuitry (160) that operates with network (180), as illustrated in figure 1b, and as mentioned at paragraph 41, for example, and noting the mention of Bluetooth transceivers as mentioned concerning processor based device (170) at paragraph 25, as well as noting the mention of Bluetooth sensors (610C) at paragraph 87, is configured to log a customer is near the smart shelving unit, i.e, shelves (132, 132a-132c) as mentioned at paragraph 24 and as illustrated at figure 1a, first display (230a) and second display (230b) as mentioned at paragraph 50 and as illustrated at figure 2, and then determine that after a period of time the customer has moved away from the smart shelving unit (132, 230), as mentioned at paragraph 31, last two sentences, for example, which state “[h]owever, when one of the RF-tagged products 134 is moved or displaced (e.g., picked up by a customer 102), the RF data as detected by the RF detector 154C will change” and “[i]n embodiments, the RF detector 154C may detect and identify which of the RF tagged products 134 on shelf 132C has been displaced”;
wherein the RFID reader/scanner, i.e., RF detector (154c), is configured to log that a specific item was picked up from the smart shelving unit and put back, as mentioned at paragraphs 31, 32, paragraph 34, third sentence from the bottom, i.e., “[i]n embodiments, each of the regional monitoring systems 120 may correspond to and/or monitor customer movement, activity, and/or lingering in a physical portion of the establishment 110”, and noting also paragraphs 41-45, 78, 83, 86-88 and 91, for example.
Regarding Claim 1, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the low frequency Bluetooth module is configured to log a customer is near the smart shelving unit and then determine that after a period of time the customer has moved away from the smart shelving unit;
wherein the RFID reader/scanner is configured to log that a specific item was picked up from the smart shelving unit and put back, as taught by Sanjay, in Durkee’s smart shelving unit system, for the purpose of detecting inventory throughput as well as customer behavior based on items removed or added to a particular shelf location.
Regarding Claim 1, Durkee does not expressly teach, but Duron teaches wherein the central computer hub, i.e., the microprocessor/controller (300) which can be part of a network of such controllers, as illustrated in figure 4 and as mentioned at paragraph 33, is configured to determine the specific item was not purchased by the customer and to send a follow-up message to the customer regarding the unpurchased specific item, as mentioned at paragraph 46, which states as follows.
[0046] In response to the shadow events as detected by the controller as a result of the person in the aisle 406, the controller may determine not only that the person has entered the aisle 406, but also the person's likely interest in products based on the person moving towards or away from sections of the aisle 406, towards or away from sections of the first and second arrays of shelves 402, 404, reaching for products on a particular shelf, removing/replacing products on a particular shelf, etc. In response to these various action, the controller may not only activate/deactivate devices as indicated above, but may also control the devices. For example, if a person approaches a section of the array of shelves 404 as indicated by the third position in FIG. 5, the controller may cause an image to be displayed on the display screen, such as an advertisement for a nearby or related product. In another embodiment, if the activation of the communication transmitter/receiver resulted in communication with the person's computing device (e.g., Bluetooth link, WiFi link, etc.), the controller may send a message to the person's computing device offering an advertisement or coupon for a nearby or related product. By monitoring the scale/position sensor, the controller may detect which products are chosen by the person based on known locations for the products on the shelves, and/or which are replaced by the person, in response to which the controller may generate an image on the display screen and/or communicate with the person's computing device related to the selected product or to a different brand of the product, such as advertising a discount or offering a coupon.
Emphasis provided.
Regarding Claim 1, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the central computer hub is configured to determine the specific item was not purchased by the customer and to send a follow-up message to the customer regarding the unpurchased specific item, as taught by Duron, in Durkee’s smart shelving unit system, for the purpose of directing marketing for particular products towards a customer based upon their behavior represented by detected products removed or put back onto the shelf.
Note that one of ordinary skill in the art would have recognized that removal of a product and putting back a product onto a shelf would represent an opportunity to direct a particular advertisement for a particular product’s marketing campaign towards a customer to encourage buying more products and thus increasing the possibility of increased profits.
Regarding Claim 1, Durkee teaches further comprising an interactive touch screen, i.e., user interface component (110) and display device (516), as mentioned at paragraph 29, third sentence, which mentions that “user interface component 110 may include a display (e.g., a touch screen display or natural user interace)”, for use by customers, noting that a user can be a customer, which is considered an intended use limitation. See also paragraphs 64 and 65, which states as follows.
[0064] The item storage cart 102 includes a user interface device, such as, but not limited to, a display device 516. The display device 516 outputs/displays a location of an item on a shelf, a location of an item on the cart, a planogram/graphical representation of a planogram showing a location of an item on an item display within the item selection area, or other information of potential interest to a user operating the item storage cart 102.
[0065] The display device 516 optionally outputs a notification or alarm alerting the user that an incorrect item has been placed inside a container and/or an item has been placed inside the incorrect container. The notification and/or alarm may also be utilized to notify the user that the incorrect number of instances of an item have been placed inside a container on the cart or removed from a container on the cart. For example, if the user is supposed to place two cans of beans into the third container 512, the cart manager component analyzes weight data to determine how many cans of beans are added to the cart. If only a single can of beans is added, or more than two cans of beans are added to the container, the system outputs a notification or alert on the display device informing the user that an incorrect number of instances of the selected item have been added.
Emphasis provided.
Regarding Claim 1, Sanjay teaches a relatively large display/output device (140a, 140b) as illustrated in figure 2 and as mentioned at paragraphs 27, 28 and 50, for example.
Regarding Claim 1, Durkee does not expressly teach
a battery disposed within an equipment compartment in a lower portion of the frame, the battery configured to provide electrical power for any electrical component on the smart shelving unit,
a computer disposed within the equipment compartment, and a WIFI module configured for wireless communication with a central computer hub to exchange information with the central computer hub;
an interactive touch screen configured for use by customers to purchase the merchandise from the smart shelf unit, and the interactive touch screen smaller than the at least one display screen and mounted to the smart shelf unit at an easily accessed height for customers.
Regarding Claim 1, Durkee does not expressly teach, but De Bonet teaches
a battery, i.e., battery pack module (138), as illustrated in figures 1 and 4, disposed within an equipment compartment, noting the battery pack module (138) is a compartment, as shown in figure 1, in a lower portion of the frame (124), the battery (138) configured to provide electrical power for any electrical component on the smart shelving unit, i.e., cart (104), as mentioned at paragraphs 46 and 65, for example,
a computer, i.e., electronics box module with hardware and software components, as mentioned at paragraph 64 and as illustrated in figures 1 and 4, for example, disposed within the equipment compartment, i.e., the electronic box module (406), noting that the electronics in the form of hardware and software are considered to be a computer, and a WIFI module, i.e., communication interfaces (506) as mentioned at paragraph 68 and as illustrated in figure 5, configured for wireless communication with a central computer hub, i.e., server(s) (120), to exchange information with the central computer hub (120), as illustrated in figures1 and 9, for example;
an interactive touch screen (136), as illustrated in figure 1 and as mentioned at paragraph 46, configured for use by customers to purchase the merchandise from the smart shelf unit, i.e., inventory location (112), as illustrated in figure 1 and as mentioned at paragraphs 14, 25, 34 and 35, the at least one display screen, i.e., interactive touch screen (136), and mounted to the smart shelf unit, i.e,. cart (104) as illustrated in figure 1, at an easily accessed height for customer, noting the mounting of the touch screen (136) is on the handle (128) which is considered to be an easily accessed height. See paragraphs 14, 25, 34, 35 and 46, as shown as follows.
[0014] This disclosure is directed to item-identifying carts that may be utilized by users in material handling facilities to automatically identify items that the users place in their carts as they move around the material handling facilities. Upon identifying items, the item-identifying carts may update virtual shopping carts for the users to represent the items that have been placed in, or removed from, the physical carts. According to the techniques described herein, an item-identifying cart (or “smart cart”) may include one or more cameras positioned on a frame of the cart to generate image data representing items that a user places in the cart, and/or removes from the cart. The cart may include one or more components that analyze the image data to determine an item identifier for the item(s) placed in the cart, or removed from the cart, and update a virtual shopping cart for the user of the cart. Once a user has finished their shopping session, the user may be able to efficiently check-out of the materials handling facility (or “facility”) without having to scan or otherwise register their items with a cashier or at a designated self-checkout stand. In some examples, the user may simply depart the facility with their items and entirely avoid a traditional checkout experience of a facility, such as a grocery store. For instance, the user may have registered for a user account with the facility that is automatically charged for purchases of the items listed in a virtual shopping cart of the user that were identified by the cart during the user's shopping session.
[0025] After the user has moved throughout the materials handling facility and selected the items they desire to purchase or otherwise take from the facility, the user may end the shopping session in various ways. For instance, the user may return the cart to a cart corral, provide input to the cart indicating an end of the shopping session (e.g., utterance, utilize a user interface element on a touch display, etc.), or simply remove their bags or other item carriers from the cart and leave the facility. After the user has ended their shopping session, the list of item identifiers in the virtual shopping cart may be uploaded to one or more remote servers that manage user accounts for users of the facility. The servers may charge the appropriate user account for the listing of the items in the virtual shopping cart that the user took from the facility.
[0034] Once a user has identified themselves to the cart 104, the item-identifying functionality of the cart 104 may be activated such that subsequent items 106 placed in the cart 104 will be identified by the cart 104, and added to a virtual shopping cart for the user 108. As illustrated, a user 108 may move the cart 104 around the facility 102 to one or more inventory locations 112. The user 108 may retrieve items from the inventory location 112, and place the items 106 in the cart 104. Additionally, the use 104 may retrieve items 106 from the cart 104, and put the items 106 back in an inventory location 112, such as when the user 108 changes their mind regarding their desire to purchase or otherwise acquire the item 106. The cart 104 may include various components for identifying item identifiers corresponding to the items 106 placed in the cart, and maintaining a virtual shopping cart for the shopping session of the user 108.
[0035] Once the user 108 has finished their shopping session, the user 108 may end the shopping session in various ways. For instance, the user 108 may return the cart 104 to the cart corral 116, provide input to the cart 104 indicating an end of the shopping session (e.g., utterance, utilize a user interface element on a touch display, etc.), or simply remove item bags or other item carriers from the cart 104 and leave the facility 102. After the user 108 has ended their shopping session, the list of item identifiers in the virtual shopping cart may be uploaded to one or more remote servers 120, over one or more networks 122, that manage user accounts for users 108 of the facility 102. The server(s) 120 may charge the appropriate user account for the listing of the items in the virtual shopping cart that the user took from the facility 102.
[0046] In various examples, the cart 104 may include a display 136 to present various information in user interface(s) for the user 108 to consume. In some examples, the display 136 may comprise a touch screen to receive input from the user 108 (e.g., a selection of an item identifier to disambiguate amongst potential item identifiers). The cart 104 may further include a battery pack module 138 that houses one or more batteries to power the components of the cart 104. The battery pack module 138 may include rechargeable batteries. In some examples, the battery pack module 138 may be detachably coupled to the wheel frame 130 and/or the frame 124 of the cart 104 such that the battery pack module 138 may be removed and taken to a charging station. In various examples, the battery pack module 138 may include rechargeable batteries that may be charged when the cart 104 is placed in a cart corral 116 (e.g., through electrical contacts, power cords, etc.). In various examples, the frame 124 and/or basket 126 may have one or more channels (e.g., grooves, holes, paths, tunnels, etc.) through which power cables/cords may pass. In this way, power cables may be run at least partially through the channels in the frame 124 and/or basket 126 inconspicuously to provide power to the various components of the cart 104.
[0065] Further, the cart 104 may include the battery pack module 138 which may include one or more batteries that power the technology (e.g., sensors, processing system, etc.) on the cart 104. The battery pack module 138 may include provisions for one or more batters, relevant electronics (e.g. interface, power distribution/management, etc.), an LED status indicator (e.g., illustrating battery/system health), and a wire harness that connects to the electronics box module 406. The battery pack module 138 may include the power distribution board that will regulate power from the battery(ies) provided to the electronics box module 406. In some examples, the cart 104 may also include one or more internal batteries and/or capacitors to “hot swap” the battery pack module 138 (e.g., temporarily power components of the cart 104 while battery pack modules 138 are swapped out on the cart 104 to replace a dead battery pack module 138 with a charged battery pack module 138).
[0068] The cart 104 may also include one or more communication interfaces 506. The communication interfaces 506 are configured to provide communications between the cart 104 and other devices, such as the server(s) 120, sensors, interface devices, routers, and so forth. The communication interfaces 506 may include devices configured to couple to personal area networks (PANs), wired and wireless local area networks (LANs), wired and wireless wide area networks (WANs), and so forth. For example, the communication interfaces 506 may include devices compatible with Ethernet, Wi-Fi™, and so forth. The cart 104 may also include one or more busses or other internal communications hardware or software that allow for the transfer of data between the various modules and components of the cart 104.
Emphasis provided.
Regarding Claim 1, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided a battery disposed within an equipment compartment in a lower portion of the frame, the battery configured to provide electrical power for any electrical component on the smart shelving unit,
a computer disposed within the equipment compartment, and a WIFI module configured for wireless communication with a central computer hub to exchange information with the central computer hub;
an interactive touch screen configured for use by customers to purchase the merchandise from the smart shelf unit, and mounted to the smart shelf unit at an easily accessed height for customer, as taught by De Bonet, in Durkee’s smart shelving unit system, for the purpose of protecting the computer, battery and other electronics components from tampering as well as to protect users from injury, the interactive touch screen enabling purchasing of any number of articles as needed by a customer, all as is typical in the art.
Regarding Claim 1, Durkee does not expressly teach, but Martin teaches an the interactive touch screen, i.e., display screen (14) as shown on the left side of figure 1, smaller than the at least one display screen, i.e., display (14) on the right side of figure 1, and mounted to the smart shelf unit, i.e., vending machine (34), as illustrated in figure 1, at an easily accessed height for customers, noting the displays (14) located within buttons (94) as illustrated in figure 4a and as mentioned at col. 6, lines 12-31, which state as follows.
(12) The EL displays 14 can be in a variety of sizes and shapes. FIG. 4A illustrates a display apparatus 10 having multiple EL displays 14 that are planar in shape, thin, flexible, and located within transparent or semi-transparent product buttons 94 of the vending machine 34. In some embodiments, these product buttons 94 define a sleeve or receptacle within which can be received conventional displays. Accordingly, the EL displays 14 can be received within the same locations in which the conventional displays are received, thereby enabling quick and easy installation of the apparatus 10 in existing vending machines 34 or in new vending machines with conventional designs. Although flexible EL displays can enable easier installation and removal of the EL displays in the buttons 94, non-flexible EL displays can instead be employed in some cases. In alternative embodiments, a singular, general EL display 14 can be employed (rather than or in addition to multiple EL displays 14 each associated with one or more product buttons 94), or a display 14 can be associated with, two or more product buttons 94, as shown in FIG. 4B.
Emphasis provided.
Regarding Claim 1, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided the interactive touch screen smaller than the at least one display screen and mounted to the smart shelf unit at an easily accessed height for customers, as taught by Martin, in Durkee’s smart shelving unit system, for the purpose of using the larger display to better capture a customer’s attention to various product promotions/advertisements.
Note that it has been held that a change in size is generally recognized as being within the level of ordinary skill in the art. See In re Rose, 105 USPQ 237 (CCPA 1955).
Therefore, regarding Claim 1, it would have been obvious to have used De Bonet’s teaching of an interactive touch screen, smaller than the display, as taught by Martin, in Durkee’s smart shelving unit for the purpose of ensuring the display is of a sufficiently large size to capture the attention of a customer regarding a particular product, since De Bonet’s, Martin’s and Durkee's devices have predictable structure and function and one of ordinary skill in the art would have recognized the efficacy and synergy of the combination based upon the references' teachings as well as common sense, logic and reason.
Regarding Claim 1, Durkee does not expressly teach at least one RFID reader/scanner mounted to the smart shelving unit and in communication with the computer, the RFID reader/scanner configured to detect RFID tags associated with merchandise, placed on the plurality of reconfigurable shelves,
wherein the computer disposed within the equipment compartment is configured, in response to detecting via the RFID reader/scanner a newly appearing RFID tag corresponding to merchandise newly placed on one of the plurality of reconfigurable shelves, to process information associated with the newly appearing RFID tag and to control the at least one display screen to present information associated with the newly placed merchandise;
the at least one RFID reader/scanner can identify the new RFID tag so that the computer can recognize the new merchandise is being displayed and communicate with a marketing database and update the display with the new merchandise information to advertise the new merchandise.
Regarding Claim 1, Durkee does not expressly teach, but Cote teaches at least one RFID reader/scanner, i.e., edge reader (252) as illustrated in figures 3, 4 and 8 and as mentioned at col. 2, lines 24-55, col. 8, lines 39-col. 9, line 35-62, and col. 16, lines 28-41, col. 16 line 55-col. 17, line 36, for example, mounted to the smart shelving unit, i.e., plural shelves (512, 512a, 512b, 512c, 512d) as illustrated in figure 8 and as mentioned at col. 16, line 64-col. 17, line 20, and in communication with the computer, i.e,. central control station (200) and standard personal computer (210), as mentioned in col. 13, line 22-col. 14, line 16, the RFID reader/scanner (252) configured to detect RFID tags (513) associated with merchandise, i.e., consumer items (525), as illustrated in figure 8 and as mentioned in col. 16, line 55-col. 17, line 20, placed on the plurality of reconfigurable shelves (512, 512a-512d) as illustrated in figure 8,
wherein the computer (200, 210), disposed within the equipment compartment, as taught by DeBonet, is configured, in response to detecting via the RFID reader/scanner (252), a newly appearing RFID tag (56, 513), as illustrated in figures 1 and 8, corresponding to merchandise, i.e., consumer items (525), newly placed on one of the plurality of reconfigurable shelves (512, 512a-512d), as mentioned in col. 5,lines 12-34, noting in particular lines 28-34, and col. 6, lines 22-67, all mentioning new updated information from new RFID tagged merchandise/inventory, determined to be new based upon location and proximity to particular antennas, thus indicating a new location, for example, to process information, i.e., via computer (200, 210), associated with the newly appearing RFID tag (56, 513) and to control the at least one display screen, i.e., monitor (220), as illustrated in figure 6 and as mentioned at col. 13, lines 30-42, to present information associated with the newly placed merchandise, as mentioned at col. 6, lines 22-67, for example;
the at least one RFID reader/scanner (252) can identify the new RFID tag (513) so that the computer (200) can recognize the new merchandise (525) is being displayed and communicate with a marketing database, as mentioned at col. 5, lines 21-25, mentioning “RFID tag (56) may either be a read-only tag having a factory-assigned serial number that is used as a key into a database, or it may be read/write tag, where object-specific data can be written into the tag by the system user” and col. 17, lines 30-36, mentioning the RFID tags are connected through a network to databases, i.e., “[t]he communications network and central control station may be connected to other devices that interface with store personnel, customers, suppliers, shipping or delivery personnel and so on, or to other devices or equipment that interface with computers, servers, databases, networks, telecommunication systems and the like”, and update the display (52), as mentioned at col. 4, lines 27-33 and as illustrated in figure 1, for example, with the new merchandise information to advertise the new merchandise (513), as mentioned in col. 18, lines 6-17, which states as follows.
(76) The retail network can be used in a variety of ways from monitoring inventory and shelf stocking levels to providing immediate consumer visual feedback. Using the network of FIG. 9 as an example, an RFID tagged consumer item located on a shelf is removed from the shelf by a consumer. Movement of the RFID tagged consumer item past the edge reader triggers an event that is reported to the central control station. The central control station can display and/or record the event or it can be programmed to direct a command to the reader/display unit in response to the specific reported event, such as changing the display to offer the consumer two for the price of one.
Emphasis provided.
Note that displaying a message offering “the consumer two for the price of one” is considered to be an advertisement for the new merchandise (513).
See also col. 6, lines 22-67, which states as follows.
(23) The visual RFID tag (50) of this invention is capable of displaying visual information intermittently or persistently and then displaying updated or new visual information. Information displayed on display (52) of visual RFID tag (50) can be easily updated, even if the tag is associated with a moving asset and is itself moving. The update process begins with a display prompt such as with an RFID reader interrogating or “pinging” a particular area covered by the RFID reader. The RFID reader then receives RFID tag information from any RFID tags in its vicinity that were activated by the ping. The RFID tag information includes unique identifying information for any responding RFID tag. Alternatively or in addition, unique identifying information about communications module (62) may be transmitted to the reader or directly to a central control station via a communications network. The reader then transmits any collected RFID tag information to central control station (200). Central control station (200) determines, for example, that the visual RFID tag (50) associated with RFID tag (56) is in a new location because a new RFID reader or new antenna associated with the RFID reader has collected the RFID tag information. Based upon the change of location of the RFID tag—another type of display prompt—the central control station (200) sends instructions via communications module (62) to visual RFID (50) to change what is displayed on display (52). The communications module (62) directs the instructions to display microcontroller (60) which in turn sends new or updated information to display (52). The new display information can be provided by central control station (200) or the new display information can reside in the RFID tag memory or in any other tangible memory device associated with visual RFID tag (50). Central control station (200) transmits new display information of display instructions to visual RFID tag (150) in one embodiment by transmitting the information and/or instructions to a wireless hub (300) wherein the information/instructions are wirelessly transmitted to communications module (62). The communications module (62) directs the new information/instructions to display microcontroller (60) which in turn compiles and translates the new digital information into information that is displayed on display (52) in the form of updated visual information. In this exemplary method, RFID tag (56), communications module (62), display microcontroller (60) or none of these can activate capacitor (54) to power visible display (52) so that the new visual information can be displayed on display (52).
Emphasis provided.
Note that because the central control station has the information on the newly added items/inventory, it is considered to be well within the skill of an ordinarily skilled artisan to have displayed such information on the display (210) of central control station (200).
Regarding Claim 1, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided at least one RFID reader/scanner mounted to the smart shelving unit and in communication with the computer, the RFID reader/scanner configured to detect RFID tags associated with merchandise, placed on the plurality of reconfigurable shelves,
wherein the computer disposed within the equipment compartment is configured, in response to detecting via the RFID reader/scanner a newly appearing RFID tag corresponding to merchandise newly placed on one of the plurality of reconfigurable shelves, to process information associated with the newly appearing RFID tag and to control the at least one display screen to present information associated with the newly placed merchandise;
the at least one RFID reader/scanner can identify the new RFID tag so that the computer can recognize the new merchandise is being displayed and communicate with a marketing database and update the display with the new merchandise information to advertise the new merchandise, as taught by Cote, in Durkee’s smart shelving unit system, for the purpose of enabling interactive consumer sales through large scale wireless RFID networks connected to computers and databases, as mentioned at Cote, col. 16, lines 28-41, for example.
Regarding Claim 1, Durkee does not express teach the RFID reader/scanner configured to automatically register a removal of the merchandise from the shelf and relay this registration to the computer to provide real time inventory updates.
Regarding Claim 1, Durkee does not express teach, but Chaves teaches the RFID reader/scanner (302, 308, 502, 510, 702) (is) configured to automatically register a removal of the merchandise, i.e., items (106a-106d, 206a-206d, 804), from the shelf, i.e., retail shelf (108, 208, 806) as illustrated in figure 8, and relay this registration to the computer, i.e., ERP device (304) with resource planning module (315), as illustrated in figure 3, ERP system (504) with inventory (522), backend server (704), ERP system (808) and database (100, 120, 200, 220), to provide real time inventory updates (524), as illustrated in figures 1a-1d, 2a-2d, 3 and 5-9, and as mentioned at paragraphs 34, 38, 49, 50, 97 and 98, for example, which state as follows.
[0034] Referring to FIG. 1A, the system, 100 may use one or more mobile readers 102 attached to one or more shopping carts 104. The mobile reader 102 may include an RFID scanner (described in more detail below in reference to FIG. 3) or some other scanner operable to send and receive signals to tags or transponders, such as RFID tags. For example, a separate RFID tag may be attached (or incorporated within) each of multiple products or items 106a-d stored on a shelf "X" 108.
[0035] The mobile reader 102 may be configured to begin reading RFID tags, for example, when the shopping cart 104 enters a zone 110 or leaves another, undepicted zone. The determination that the shopping cart 104 has entered the zone 110 may be made using location technologies (e.g., Active Bat, Cricket etc.). The mobile reader 102 may begin scanning items within a scan envelope 112 defined in part, for example, by scan directions 114a and 114b. Specifically, the scan direction 114a may be generally perpendicular to the direction of movement of the cart 104, such as toward the shelf "X" 108, or it may take on another orientation. Generally speaking, a "scan envelope" refers to the whole two or three-dimensional space in which a reader can communicate with a tag or other identification device attached to a product.
[0038] The object location data 120 may include multiple entries 122 (represented here in tabular form) that include location information for items, such as products on store shelves. For instance, an entry 122 may include fields or values such as an item identifier 124 (e.g., A, B or D), a location 126 (e.g., "Shelf X"), and a timestamp 128. Such information may define, for example, the last known location of a particular item at a given time, such as the last time that the RFID tag for a, particular item was read by the mobile reader 102. For instance, the entry 122a for item A may indicate that item A 106a is stored on "Shelf X," and the timestamp 128 may indicate that the most recent scan of item A occurred at "09:29" on "2008-02-29" (i.e., 9:29 AM on Feb. 29, 2008). Notably, in an initial state, the object location data 120 does not include an entry for item C 106c.
[0049] FIG. 2D is a block diagram of the exemplary object-location data 220 with fields and values, updated based on scanning the item C 206c and determining that the item C 206c is "unexpected" (e.g., located on the wrong shelf). For instance, as a result of receiving the response 242, the entry 222c for the item C may be updated with the current location 2268 (e.g., "Shelf X") and a more up-to-date scan timestamp 228 (e.g., "2008-03-01-17:19"). In some cases, the update to the object location data 220 may be in the form of a row that is inserted into the table of entries 222 if, for example one or more row entries 222 exist for inventory quantities of the item C 206c that are stored in the correct location(s). In some implementations, the inventory quantities of such correctly-located items may be adjusted or annotated in some way to reflect the inventory quantities that have just been discovered to be stored in the wrong place.
[0050] Other fields in the entry 222c, such as an indicator that an item is out-of-place, may also be updated at the same time. If the mobile reader 202 is in wireless communication or other such communication with the back-end ERP system, the updated object location data 220 may be transmitted to the ERP system in real-time. In some implementations, updated information may be sent to the ERP system in packets, such as at scheduled intervals (e.g., every five minutes). The object location data, 220 may be output visually to a user via a display, or may be stored for later use.
[0097] FIG. 8 is a block diagram of an exemplary architecture for a system 800 using a mobile RFID reader to selectively read items based on location information obtained from an ERP system. For example, the system 800 may be similar to other systems (e.g., the systems 100, 200, etc.) described above. The system 800 includes an RFID reader 802, items 0804 on a retail shelf 806, and an ERP-system 806. The RFID reader 802 may be mounted, for example, on a shopping cart 810 or other such mobile device. The RFID reader 802 may use a location system 812 to determine its location, using any suitable wireless communication or location technologies (e.g., Active Bat, Cricket, etc.). Once its location is established, the RFID reader 802 may use item location information (e.g., stored locally or available from the ERP system 806) to selectively read 814 the RFID tags of the items 804.
[0098] FIG. 9 is a block diagram of computing devices 900, 950 that may be used to implement the systems and methods described in this document, as either a client or as a server or plurality-of-servers. Computing device-900 is intended to represent various forms of digital computers, such as laptops, desktops, workstations, personal digital assistants, servers, blade servers, mainframes, and other appropriate computers. Computing device 950 is intended to represent various forms of mobile devices, such as personal digital assistants, cellular telephones, smartphones, and other similar computing devices. The components shown here, their connections and relationships, and their functions, are meant to be exemplary only, and are not meant to limit implementations of the inventions described and/or claimed in this document.
Emphasis Provided.
Regarding Claim 1, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided the RFID reader/scanner configured to automatically register a removal of the merchandise from the shelf and relay this registration to the computer to provide real time inventory updates, as taught by Chaves and Cote, in Durkee’s smart shelving unit system, for the purpose of determining enterprise resource planning (ERP) data necessary to flexibly manage the inventory of all shelving units in the system, including automatically ordering/reordering specific merchandise items so as to flexibly and elastically meet fluctuating inventory demand throughout a distributed system.
Regarding Claim 1, Durkee does not expressly teach, but Cash teaches a plurality of reconfigurable shelves (30), as illustrated in figure 1, for example and as mentioned at paragraphs 10 and Claim 21, which state as follows.
[0010] In yet another embodiment of the present invention, a storage unit includes a frame member and a plurality of shelves slidably and removably coupled to the frame member. The plurality of shelves and frame member define a first plurality of spaces to store a plurality of items in a first configuration. The plurality of shelves is reconfigurable to provide a second plurality of spaces to store a plurality of items in a second configuration.
21. A storage system, comprising: a frame member; a plurality of shelves slidably and removably connected to said frame member and defining a first plurality of spaces to store a plurality of items in a first configuration; and wherein said plurality of shelves are reconfigurable to provide a second plurality of spaces to store a plurality of items in a second configuration.
Emphasis provided.
Regarding Claim 1, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided a plurality of reconfigurable shelves, as taught by Cash, in Durkee’s smart shelving unit system, for the purpose of enabling the reconfiguration of the shelving unit so as to increase flexibility of use by adjusting the distance between components such as shelves, thus accommodating different sized boxes and components.
Regarding Claim 3, Durkee teaches further comprising a plurality of additional RFID readers/scanners (1116), as mentioned at paragraph 89, which refers to “a set of scanner devices” which “optionally includes devices for scanning an item identifier, such as”... “a radio frequency identification device (RFID” positioned below, or within, each reconfigurable shelf of the plurality of configurable shelves.
Regarding Claim 4, Durkee discloses wherein the battery (130) is rechargeable and is not removable from the smart shelving unit (532, 534), noting the mention of and electric battery and solar panels in the third sentence, which implies that it is rechargeable and thus does not have to be removed to be recharged.
Regarding Claim 10, Durkee teaches the system further comprising the central computer hub, i.e., computer (116), as mentioned at paragraphs 31 and 32, wherein the central computer hub (116) is configured to monitor a plurality of smart shelving units (102), noting that these components are all connected communicatively through Wi-Fi network (112).
Regarding Claim 10, Durkee does not expressly teach forming part of a system, the system further comprising the central computer hub, wherein the central computer hub is configured to monitor a plurality of smart shelving units to continually update merchandise information, quantity, price, marketing and/or advertising information on the display, and is further configured to notify store employees when one or more of the smart shelving units need restocking or clean up.
Regarding Claim 10, Durkee does not expressly teach, but Chaves teaches forming part of a system, the system further comprising the central computer hub, i.e., ERP device (304), as illustrated in figure 3, wherein the central computer hub (304) is configured to monitor a plurality of smart shelving units (208), as illustrated in figures 2a-2d, to continually update merchandise information (206a-206d), quantity, price, marketing and/or advertising information, as mentioned at paragraph 6, last sentence, as mentioned at paragraph 39, first sentence, i.e., “other fields or data elements may exist for an entry 122, such as the inventory quantity of an item, its price, its good-through or expiration date, etc.” on the display, as mentioned at paragraph 10, first sentence, i.e, “displaying the indicia to a user”, and is further configured to notify store employees when one or more of the smart shelving units need restocking or clean up, noting paragraph 10, second sentence, i.e., “[t]he process may include detecting an out-of-stock condition based on the output indicia“, and paragraph 10, last sentence, i.e., “[t]he process may also include receiving, from a back-end enterprise resource planning system, an inventory list, where outputting the indicia of items that respond to the low -level query further includes updating the inventory list with the indicia”. Note that marketing data can be construed to be an expiration date, as mentioned at paragraph 39, first sentence, because if the expiration date shows the product is past its expiration date, it cannot be sold.
Regarding Claim 10, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided forming part of a system, the system further comprising the central computer hub, wherein the central computer hub is configured to monitor a plurality of smart shelving units to continually update merchandise information, quantity, price, marketing and/or advertising information on the display, and is further configured to notify store employees when one or more of the smart shelving units need restocking or clean up, as taught by Chaves, in Durkee’s smart shelving unit system, for the purpose of determining enterprise resource planning (ERP) data necessary to manage the inventory of all shelving units in the system.
Regarding Claim 12, Durkee discloses further comprising a camera and motion sensor, as mentioned at paragraphs 87, i.e., “image capture devices may include cameras or infrared (IR) cameras” and at paragraph 93, first sentence, i.e., “[t]he sensor data 1204… may include…image data generated by a camera…motion data generated by a motion sensor”.
Regarding Claim 14, see the rejection of Claim 1, above.
Regarding Claim 15, see the rejection of Claim 1, above.
Regarding Claim 16, see the rejection of Claim 10, above.
Regarding Claim 19, see the rejection of Claim 10, above.
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durkee et al (US 2020/0065748 A1) in view of Ganz et al (US 2020/0154246 A1), further in view of Sanjay et al (US 2020/0126125 A1), further in view of Duron et al (US 2019/0204897 A1), further in view of DeBonet et al (US 2020/0275059 A1), further in view of Martin et al (US 6,834,452 B2), further in view of Cote et al (US 10,192,157 B2), further in view of Chaves et al (US 2009/0231135 A1), further in view of Cash (US 2004/0232092 A1) and further in view of Flores et al (US 2008/0106377 A1).
Regarding Claim 5, Durkee teaches the system as described above.
Regarding Claim 5, Durkee does not expressly teach wherein the battery is removable from the smart shelving unit for swapping or recharging.
Regarding Claim 5, Durkee does not expressly teach, but Tseng teaches wherein the battery is removable from the smart shelving unit for swapping or recharging, as mentioned at col. 2, lines 4-10, which states as follows.
An alternative to a charge-while-you-wait approach is to simply swap a discharged battery pack for a fully charged unit. This would allow a customer to walk into a convenience store, service center or gas station, tender a required amount of money, and come away with a fully charged battery pack. Although it may be some time before automotive battery packs are lightweight enough to facilitate such portability, for smaller vehicles such as electric motorcycles, motor scooters, electric golf carts, shopping carts, etc., the associated electrical demands should be modest enough from the outset to favor battery swapping over on-demand charging. Furthermore, to establish numerous charging facilities sufficient to support a large number of vehicle operators, each requiring concurrent charging, could place a heavy burden on the technical requirements of the servicing facility. Such recharging stations might also be too complex for ordinary home operation. It may be that unless a more convenient and straightforward means for battery swapping for electric vehicles is introduced, progress in this area will be unnecessarily hampered.
Tseng, col. 2, lines 26-32 further states as follows.
The present invention provides apparatus and methods for the rapid exchange of a discharged or partially discharged battery in return for a charged unit. As such, the invention is particularly well suited to battery-powered vehicles as an alternative to approaches which force a customer to wait during the recharging process.
Emphasis provided.
Regarding Claim 5, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the battery is removable from the smart shelving unit for swapping or recharging, as taught by Tseng, in Durkee’s battery powered shelving unit, as an alternative to waiting for the battery to recharge by the solar panel and for the purpose of decreasing the time required for waiting for a battery recharge to the negligible time to merely exchange a fully charged battery for a depleted one.
Claims 7-9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durkee et al (US 2020/0065748 A1) in view of Ganz et al (US 2020/0154246 A1), further in view of Sanjay et al (US 2020/0126125 A1), further in view of Duron et al (US 2019/0204897 A1), further in view of DeBonet et al (US 2020/0275059 A1), further in view of Martin et al (US 6,834,452 B2), further in view of Cote et al (US 10,192,157 B2), further in view of Chaves et al (US 2009/0231135 A1), further in view of Cash (US 2004/0232092 A1) and further in view of Wissner-Gross et al (US 2014/0164122 A1).
Regarding Claims 7-9 and 18, Durkee teaches the system as described above.
Regarding Claim 7, Durkee does not expressly teach wherein the low frequency Bluetooth module is configured to communicate with cell phones of customers via a store app to monitor the customers near a particular smart shelving unit.
Regarding Claim 7, Durkee does not expressly teach, but Wissner teaches wherein the low frequency Bluetooth module (70a, 70b, 70c), as mentioned at paragraphs 41 and 42, and as illustrated in figures 1-3, is configured to communicate with cell phones, i.e., smart devices (80) of customers, as mentioned at paragraph 43, via a store app, as mentioned at paragraphs 35 and 40 to monitor the customers near a particular smart shelving unit, i.e., display cases (56), as illustrated in figure 1, which shows transponder (70) located on each shelving unit (56), and as mentioned at paragraph 31, which mentions that a transponder (70) can be “incorporated into a portion of display case 56” and paragraph 37, last sentence which states that “[a] smart device 80 may be equipped with hardware and/or software capable of detecting the inaudible acoustic tone to thereby determine the proximity of the smart device 80 in relation to the transponder 70”. See also paragraph 38.
Regarding Claim 7, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the low frequency Bluetooth module, is configured to communicate with cell phones of customers via a store app to monitor the customers near a particular smart shelving unit, as taught by Wissner, in Durkee’s smart shelving unit system, for the purpose of directing customized marketing, sales or product content to customers’ phone devices based upon the customer’s proximity to a particular product/item located on a particular smart shelving unit.
Regarding Claim 8, Durkee does not expressly teach wherein the low frequency Bluetooth module and the computer are configured to coordinate and send messages to customers based upon a customer’s time spent in proximity to the smart shelving unit.
Regarding Claim 8, Durkee does not expressly teach, but Wissner teaches wherein the low frequency Bluetooth module and the computer, as mentioned in paragraph 18, i.e “[e]mbodiments of the present invention may comprise or utilize special purpose or general purpose computers” and paragraph 21, mentioning various types of computers, are configured to coordinate and send messages to customers based upon a customer’s time spent in proximity to the smart shelving unit, as mentioned at paragraphs 37, last sentence, and paragraph 38.
Regarding Claim 9, Durkee does not expressly teach wherein the low frequency Bluetooth module communicates with a plurality of the other low frequency Bluetooth modules around a retail environment to determine a customer’s proximity to a particular smart shelving unit within a range of about 2 feet.
Regarding Claim 9, Durkee does not expressly teach, but Wissner teaches wherein the low frequency Bluetooth module (70a, 70b, 70c) communicates with a plurality of the other low frequency Bluetooth modules (70a, 70b, 70c), i.e., via network (90), around a retail environment, as mentioned at abstract, for example, to determine a customer’s proximity to a particular smart shelving unit (56), as mentioned at paragraphs 37 and 38, within a range of about 2 feet, noting that the particular distance is considered a matter of design choice based upon the balancing of the tuning of the wireless transceivers of the bluetooth modules with the distance between the product and the customer/customer’s phone device desired for best effect of the broadcast content directed to the customer’s phone.
Note that it has been held that discovering the optimum value of a result effective variable involves only routine skill in the art. See In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding Claim 18, see the rejection of Claim 8, above.
Claim 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durkee et al (US 2020/0065748 A1) in view of Ganz et al (US 2020/0154246 A1), further in view of Sanjay et al (US 2020/0126125 A1), further in view of Duron et al (US 2019/0204897 A1), further in view of DeBonet et al (US 2020/0275059 A1), further in view of Martin et al (US 6,834,452 B2), further in view of Cote et al (US 10,192,157 B2), further in view of Chaves et al (US 2009/0231135 A1), further in view of Cash (US 2004/0232092 A1) and further in view of Lefkow et al (US 2019/0295148 A1).
Regarding Claim 21, Durkee teaches the system as described above.
Regarding Claim 21, Durkee does not expressly teach wherein the computers in communication with a central control hub to provide inventory information about the smart shelving unit such as inventory numbers, and stocking information;
wherein the inventory data on computer is relayed to the central control hub; and
wherein the central control hub automatically orders more inventory of the merchandise.
Regarding Claim 21, Durkee does not expressly teach, but Chaves teaches wherein the computers, i.e., server (920) or rack server system (924), for example, in communication with a central control hub, i.e., processor (902), to provide inventory information about the smart shelving unit, i.e., shelf X (108, 208) as illustrated in figures 1a, 1c, 2a and 2c, for example, and such as inventory numbers, and stocking information, i.e., entries for items (122a) as illustrated in figures 1b, 1d, 2b and 2d and as mentioned at paragraphs 38, 49 and 50, for example;
wherein when the merchandise (106a-106d, 206a-206d), is removed from the shelf (108, 208), the RFID reader/scanner (102, 202) automatically registers this data (122) and relays it to the computer to update the inventory data (122) as illustrated in figures 1b, 1d, 2b and 2d, for example;
wherein the inventory data on (the) computer (920, 924) is relayed to the central control hub (902).
Regarding Claim 21, Durkee does not expressly teach, but Lefkow teaches
wherein the central control hub, i.e., server provider computers (110) automatically orders, i.e., via automatic replenishment device (ARD), more inventory of the merchandise (106, 208, 306), as illustrated at figures 1-3 and as mentioned at paragraphs 13 and 20-23, which state as follows.
[0013] Techniques described herein provide a sensor-based recommendation feature for utilizing data captured or obtained by an automatic replenishment device (ARD) to generate new product recommendations for a user associated with the ARD via online, mobile, or in-store advertisements, suggestions to add items to a user's shopping cart, or recommendations to change the quantity or configuration of an item to ensure a user does not run out between deliveries of that item, identifying relationships between items, some of which are associated with an ARD and some which are not associated with an ARD, to generate a reorder recommendation for the items not associated with the ARD based at least in part on the consumption data from the items associated with the ARD, generating product recommendations for users which may not be associated with or utilize an ARD based on consumption data of a user who is associated with an ARD and has similar characteristics or properties as the users that are not associated with an ARD, or generating recommendations for updating a reorder threshold for an item and ARD based on aggregate data from other users. The ARD may be a pad, mat, or shelf in which items (e.g., office supplies, toiletries, dog food, or consumable items generally) are placed on a surface of the ARD, or a container in which the items are placed within the container. A sensor (e.g., a weight sensor) of the ARD may be placed within or on a surface of the ARD and be configured to periodically obtain weight measurements or property measurements (e.g., weight, volume, mass, etc.) of the items that are placed on the surface of the ARD. The weight measurements decreasing over time or the property measurements changing over time may indicate an extent to which a user is removing the items from the ARD and using/consuming the items. In some embodiments, the ARD may be a container with a sensor located on an interior surface of the container in which items are placed within the container. A sensor (e.g., time of flight sensor) of the ARD may be configured to periodically obtain distance measurements (or property measurements including any electronic signal technology that can determine an elapsed time period between transmission of a signal from a source and a return of the signal) from the sensor to an item stored within the container. The distance measurements increasing over time may indicate an extent to which a user is removing the items from the ARD and using/consuming the items. In embodiments, the sensors may include radio frequency identifier (RFID) sensors, near field communication (NFC) sensors, or one or more sensors configured to utilize computer vision techniques to identify a change in a quantity of an item associated with an ARD.
[0020] The workflow 100 of FIG. 1 includes a user 112 utilizing a user device 114. The user 112 may be associated 116 with the ARD 102. It should be noted that although the workflow 100 of FIG. 1 illustrates the user 112 being associated with a single ARD 102, in embodiments a user may be associated with a plurality of ARDs in one or more locations. For example, a given user may be associated with three ARDs in their home and two ARDs at their workplace. The workflow 100 of FIG. 1 depicts the ARD 102 transmitting the sensor data 118 via networks 120 to service provider computers 110. In accordance with at least one embodiment, the ARD 102 includes communication components, such as a WiFi component, for transmitting the sensor data 118 (data obtained by sensor 104) periodically to the service provider computers 110 via networks 120. In embodiments, periodic transmission of the sensor data 118 may occur at various intervals of minutes, hours, days, or weeks. In embodiments, the service provider computers 110 may be configured to facilitate the automatic reordering of an item associated with ARD 102 on behalf of the user 112 based at least in part on the sensor data 118.
[0021] In embodiments, the workflow 100 of FIG. 1 depicts the service provider computers 110 identifying an associated user profile of user 112 at 122. In accordance with at least one embodiment, the user profile 122 of user 112 may include purchase history information for the user 112, as well as information about the ARD 102 and the associated item of ARD 102 (e.g., oats or chips), a reorder threshold such as reorder threshold 108 for the item, and a quantity of the item that is automatically reordered on behalf of the user 112 upon the current level of the item 106 being equal to or below the reorder threshold 108 as determined by the sensor data 118. The sensor data 118 may include an ARD ID and item ID that enables the service provider computers 110 to identify the appropriate user profile at 122 as well as the corresponding user 112. In embodiments, the service provider computers 110 maintain the associations between the user profiles, the ARD 102, and user 112 as well as the item associated with the ARD 102 and reorder threshold for the item and ARD 102. In embodiments, the user 112 may disassociate the ARD 102 from a first item and associate the ARD 102 with another item by inputting information data, via user device 114, to a website, native application of user device 114, or a mobile application.
[0022] The workflow 100 of FIG. 1 depicts the service provider computers 110 determining an updated quantity of the item based on the sensor data 118 at 124. For example, the sensor data 118 may be analyzed to determine consumption data or a consumption rate that identifies a usage or consumption of the item associated with ARD 102 such that the current item level 106 will fall below or equal the reorder threshold prior to the automatic reorder being delivered to the user given a current amount of the item. To further illustrate the example, the user 112 may order and store twelve eggs in ARD 102 which is currently being reordered and delivered once a week based on previous consumption data. However, current sensor data 118 indicates that at their current rate of use (e.g., determined consumption rate or data based on the sensor data 118), the user will run out of eggs prior to the order and delivery. The service provider computers 110 may determine that if the quantity of the item was updated from twelve eggs to eighteen eggs, the user 112 would not run out of eggs in between deliveries. Upon determining the updated quantity of the item based on the consumption data or rate as determined from the sensor data 118 at 124, the service provider computers 110 may generate a recommendation 126 to update the quantity of the item. In embodiments, the reorder threshold or threshold value may correspond to a remaining weight (e.g., 1 pound, 5 ounces, etc.) or a remaining number (e.g., 2, 5, or 8 eggs, etc.) of the item that is associated with the ARD 102. The reorder threshold may correspond to a remaining percentage of the item associated with the ARD 102 (e.g., 20%, 30%, etc.) in view of a previous distance from the sensor to the surface area of the item or a previous weight of the item that was placed on the ARD which is described more with reference to FIG. 2.
[0023] The ARD 102 may communicate or transmit the sensor data 118 via associated communication components (not pictured) by providing Bluetooth signals, WiFi signals, cellular signals, or by utilizing other communication protocols to communicate via networks 120 to service provider computers 110. In some embodiments, the sensor data 118 and other associated data (e.g., ARD ID, user ID, item ID information, etc.) may be relayed via user device 114 to service provider computers 110 via networks 120. The sensor data 118 may be utilized to determine a consumption rate or consumption data for the item associated with ARD 102 which in turn may be utilized to automatically reorder the item associated with ARD 102 without direct user 112 action in initiating the reorder other than the user 112 placing the item in the ARD 102 or on the ARD 102 (with reference to FIG. 2). The sensor data 118 may be utilized to determine a consumption rate for the item associated with ARD 102 that indicates that the user may benefit from automatically updating a quantity included in the reorder for the item stored in ARD 102 as well as recommend other items not associated with the ARD 102 for automatic reorder on behalf of the user. The workflow 100 of FIG. 1 includes transmitting the recommendation at 128, via networks 120, to user device 114 that is associated with user 112. In embodiments, the recommendation 128 may be transmitted as a notification, a user interface object for a mobile application or a native application of user device 114, a data object for a web browser of user device 114, an email, or a short message service (SMS) text message. In accordance with at least one embodiment, the user 112 may interact with user device 114 to consent or confirm the update of the quantity of the item associated with ARD 102. According to user preferences of user 112 that are maintained in the user profile 122, the updated quantity of the item may be automatically modified and the item may be reordered without confirmation or interaction by the user 112 with the recommendation 128 via user device 114.
Emphasis provided.
Regarding Claim 21, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the computers in communication with a central control hub to provide inventory information about the smart shelving unit such as inventory numbers, and stocking information;
wherein when the merchandise is removed from the shelf, the RFID reader/scanner automatically registers this data and relays it to the computer to update the inventory data;
wherein the inventory data on computer is relayed to the central control hub, as taught by Chaves and Cote, and
wherein the central control hub automatically orders more inventory of the merchandise, as taught by Lefkow, in Durkee’s smart shelving unit system, for the purpose of determining enterprise resource planning (ERP) data necessary to flexibly manage the inventory of all shelving units in the system, including automatically ordering/reordering specific merchandise items so as to flexibly and elastically meet fluctuating inventory demand throughout a distributed system.
Claims 11, 17, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durkee et al (US 2020/0065748 A1) in view of Ganz et al (US 2020/0154246 A1), further in view of Sanjay et al (US 2020/0126125 A1), further in view of Duron et al (US 2019/0204897 A1), further in view of DeBonet et al (US 2020/0275059 A1), further in view of Martin et al (US 6,834,452 B2), further in view of Cote et al (US 10,192,157 B2), further in view of Chaves et al (US 2009/0231135 A1), further in view of Cash (US 2004/0232092 A1) and further in view of Baltimore (US 2009/0182623 A1).
Regarding Claims 11, 17, 19 and 20, Durkee teaches the system as described above.
Regarding Claim 11, Durkee does not expressly teach wherein the computer, the Wi-Fi module, and
the central computer hub are configured to further communicate with a customer loyalty program to target specific merchandise to specific customers by follow-up email when a customer has not purchased a particular item.
Regarding Claim 11, Durkee does not expressly teach, but Baltimore teaches wherein the computer, i.e, processor (30), the Wi-Fi module, i.e., communications link (60), which is mentioned as either a wired or wireless link at paragraph 25, second to last sentence, and the central computer hub (50), as illustrated in figure 1, are configured to further communicate with a customer loyalty program, as mentioned at paragraph 19, second sentence, to target specific merchandise to specific customers by follow-up email when a customer has not purchased a particular item, as mentioned at paragraph 19, first sentence, as follows.
[0019] The disclosed electronic display tag system and methodology aspect of the present invention allows retailers to advantageously exploit electronic price tag displays by delivering targeted information to consumers and patrons in the general vicinity of the electronic tag display. This target information can be sent back to an electronic display in the vicinity of such consumers and patrons or subsequently such to such persons via conventional mail, email, text messaging or other communications means. Identifying such consumers and patrons and gathering their respective contact information can be done when signing up for a " loyalty program" or via prompts on the electronic display or by completion of a questionnaire followed by the distribution of RFID or other shopper identification tags that are carried about and may identify the carriers' whereabouts within the retailer's store as a function of time.
Emphasis provided.
Regarding Claim 11, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the computer, the Wi-Fi module, and
the central computer hub are configured to further communicate with a customer loyalty program to target specific merchandise to specific customers by follow-up email when a customer has not purchased a particular item, as taught by Baltimore, in Durkee’s smart shelving unit system, for the purpose of “formulat(ing) follow-up sales and marketing efforts by the retailer and the relevant vendors of the products”, as mentioned at Baltimore, paragraph 11, last sentence.
Regarding Claim 17, see the rejection of Claim 11, above.
Regarding Claim 19, see the rejection of Claim 11, above.
Regarding Claim 20, see the rejection of Claim 11, above.
Claim 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durkee et al (US 2020/0065748 A1) in view of Ganz et al (US 2020/0154246 A1), further in view of Sanjay et al (US 2020/0126125 A1), further in view of Duron et al (US 2019/0204897 A1), further in view of DeBonet et al (US 2020/0275059 A1), further in view of Martin et al (US 6,834,452 B2), further in view of Cote et al (US 10,192,157 B2), further in view of Chaves et al (US 2009/0231135 A1), further in view of further in view of Cash (US 2004/0232092 A1) and further in view of Bloom et al (US 2021/0125142 A1).
Regarding Claim 13, Durkee teaches the system as described above.
Regarding Claim 13, Durkee does not expressly teach wherein the smart shelving unit is configured as a beverage cart for selling coffee and/or other drinks.
Regarding Claim 13, Durkee does not expressly teach, but Bloom teaches wherein the smart shelving unit (1005), as illustrated in figure 10, is configured as a beverage cart, as mentioned at paragraph 112, second to last sentence, which mentions a cart and a shelf, for selling coffee and/or other drinks, as mentioned at paragraphs 2, 5 and paragraph 122, which mentions coffee, and other drinks such as alcohol, for example.
Regarding Claim 13, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the smart shelving unit is configured as a beverage cart for selling coffee and/or other drinks, as taught by Bloom, in Durkee’s smart shelving unit system, for the purpose of selling beverages, as desired by customers, noting that the particular items/products sold and stored in each smart shelf unit is considered a matter of design choice. Also, Applicant provides no criticality as to the limiting the items/products stored within the shelf units to beverages over other items/products.
Response to Arguments
Applicant's arguments filed 11/19/25 have been fully considered but they are not persuasive.
In response to Applicant's arguments, it is noted that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Further in response to Applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Additionally, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Claim(s) 1-4, 10, 12, 14-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durkee et al (US 2020/0065748 A1) in view of Ganz et al (US 2020/0154246 A1), further in view of Sanjay et al (US 2020/0126125 A1), further in view of Duron et al (US 2019/0204897 A1), further in view of DeBonet et al (US 2020/0275059 A1), further in view of Martin et al (US 6,834,452 B2), further in view of Cote et al (US 10,192,157 B2), further in view of Chaves et al (US 2009/0231135 A1) and further in view of Cash (US 2004/0232092 A1).
Applicant asserts that this rejection, which includes Independent Claims 1, 14 and 15, fails because “Cote discloses a fixed façade system rather than a mobile shelving unit” and because “Cote does not disclose a battery housed in an equipment compartment, a computer disposed within such a compartment, an RFID reader mounted to a shelving unit for detecting newly appearing RFID tags corresponding to newly placed items, or a display mounted to the unit and controlled by an onboard Computer”. Further, Applicant asserts that it fails because “Cote detects presence or absence, not newly appearing merchandise, and relies on remote server-based logic rather than local on-unit control of a display”. See Applicant’s Remarks received 11/19/25, the paragraph bridging pages 20 and 21.
In response, it is noted that DeBonet teaches a battery disposed within an equipment compartment in a lower portion of the frame, the battery configured to provide electrical power for any electrical component on the smart shelving unit,
a computer disposed within the equipment compartment, and a WIFI module configured for wireless communication with a central computer hub to exchange information with the central computer hub, as shown as follows.
Regarding Claim 1, Durkee does not expressly teach, but De Bonet teaches
a battery, i.e., battery pack module (138), as illustrated in figures 1 and 4, disposed within an equipment compartment, noting the battery pack module (138) is a compartment, as shown in figure 1, in a lower portion of the frame (124), the battery (138) configured to provide electrical power for any electrical component on the smart shelving unit, i.e., cart (104), as mentioned at paragraphs 46 and 65, for example,
a computer, i.e., electronics box module with hardware and software components, as mentioned at paragraph 64 and as illustrated in figures 1 and 4, for example, disposed within the equipment compartment, i.e., the electronic box module (406), noting that the electronics in the form of hardware and software are considered to be a computer, and a WIFI module, i.e., communication interfaces (506) as mentioned at paragraph 68 and as illustrated in figure 5, configured for wireless communication with a central computer hub, i.e., server(s) (120), to exchange information with the central computer hub (120);
an interactive touch screen (136), as illustrated in figure 1 and as mentioned at paragraph 46, configured for use by customers to purchase the merchandise from the smart shelf unit, i.e., inventory location (112), as illustrated in figure 1 and as mentioned at paragraphs 14, 25, 34 and 35, the at least one display screen, i.e., interactive touch screen (136), and mounted to the smart shelf unit, i.e,. cart (104) as illustrated in figure 1, at an easily accessed height for customer, noting the mounting of the touch screen (136) is on the handle (128) which is considered to be an easily accessed height.
Regarding Claim 1, Durkee does not expressly teach at least one RFID reader/scanner mounted to the smart shelving unit and in communication with the computer, the RFID reader/scanner configured to detect RFID tags associated with merchandise, placed on the plurality of reconfigurable shelves,
wherein the computer disposed within the equipment compartment is configured, in response to detecting via the RFID reader/scanner a newly appearing RFID tag corresponding to merchandise newly placed on one of the plurality of reconfigurable shelves, to process information associated with the newly appearing RFID tag and to control the at least one display screen to present information associated with the newly placed merchandise;
the at least one RFID reader/scanner can identify the new RFID tag so that the computer can recognize the new merchandise is being displayed and communicate with a marketing database and update the display with the new merchandise information to advertise the new merchandise.
Regarding Claim 1, Durkee does not expressly teach, but Cote teaches at least one RFID reader/scanner, i.e., edge reader (252) as illustrated in figures 3, 4 and 8 and as mentioned at col. 2, lines 24-55, col. 8, lines 39-col. 9, line 35-62, and col. 16, lines 28-41, col. 16 line 55-col. 17, line 36, for example, mounted to the smart shelving unit, i.e., plural shelves (512, 512a, 512b, 512c, 512d) as illustrated in figure 8 and as mentioned at col. 16, line 64-col. 17, line 20, and in communication with the computer, i.e,. central control station (200) and standard personal computer (210), as mentioned in col. 13, line 22-col. 14, line 16, the RFID reader/scanner (252) configured to detect RFID tags (513) associated with merchandise, i.e., consumer items (525), as illustrated in figure 8 and as mentioned in col. 16, line 55-col. 17, line 20, placed on the plurality of reconfigurable shelves (512, 512a-512d) as illustrated in figure 8,
wherein the computer (200, 210), disposed within the equipment compartment, as taught by DeBonet, is configured, in response to detecting via the RFID reader/scanner (252), a newly appearing RFID tag (56, 513), as illustrated in figures 1 and 8, corresponding to merchandise, i.e., consumer items (525), newly placed on one of the plurality of reconfigurable shelves (512, 512a-512d), as mentioned in col. 5,lines 12-34, noting in particular lines 28-34, and col. 6, lines 22-67, all mentioning new updated information from new RFID tagged merchandise/inventory, determined to be new based upon location and proximity to particular antennas, thus indicating a new location, for example, to process information, i.e., via computer (200, 210), associated with the newly appearing RFID tag (56, 513) and to control the at least one display screen, i.e., monitor (220), as illustrated in figure 6 and as mentioned at col. 13, lines 30-42, to present information associated with the newly placed merchandise, as mentioned at col. 6, lines 22-67, for example;
the at least one RFID reader/scanner (252) can identify the new RFID tag (513) so that the computer (200) can recognize the new merchandise (525) is being displayed and communicate with a marketing database, as mentioned at col. 5, lines 21-25, mentioning “RFID tag (56) may either be a read-only tag having a factory-assigned serial number that is used as a key into a database, or it may be read/write tag, where object-specific data can be written into the tag by the system user” and col. 17, lines 30-36, mentioning the RFID tags are connected through a network to databases, i.e., “[t]he communications network and central control station may be connected to other devices that interface with store personnel, customers, suppliers, shipping or delivery personnel and so on, or to other devices or equipment that interface with computers, servers, databases, networks, telecommunication systems and the like”, and update the display (52), as mentioned at col. 4, lines 27-33 and as illustrated in figure 1, for example, with the new merchandise information to advertise the new merchandise (513), as mentioned in col. 18, lines 6-17, which states as follows.
(76) The retail network can be used in a variety of ways from monitoring inventory and shelf stocking levels to providing immediate consumer visual feedback. Using the network of FIG. 9 as an example, an RFID tagged consumer item located on a shelf is removed from the shelf by a consumer. Movement of the RFID tagged consumer item past the edge reader triggers an event that is reported to the central control station. The central control station can display and/or record the event or it can be programmed to direct a command to the reader/display unit in response to the specific reported event, such as changing the display to offer the consumer two for the price of one.
Emphasis provided.
Note that displaying a message offering “the consumer two for the price of one” is considered to be an advertisement for the new merchandise (513).
See also col. 6, lines 22-67, which states as follows.
(23) The visual RFID tag (50) of this invention is capable of displaying visual information intermittently or persistently and then displaying updated or new visual information. Information displayed on display (52) of visual RFID tag (50) can be easily updated, even if the tag is associated with a moving asset and is itself moving. The update process begins with a display prompt such as with an RFID reader interrogating or “pinging” a particular area covered by the RFID reader. The RFID reader then receives RFID tag information from any RFID tags in its vicinity that were activated by the ping. The RFID tag information includes unique identifying information for any responding RFID tag. Alternatively or in addition, unique identifying information about communications module (62) may be transmitted to the reader or directly to a central control station via a communications network. The reader then transmits any collected RFID tag information to central control station (200). Central control station (200) determines, for example, that the visual RFID tag (50) associated with RFID tag (56) is in a new location because a new RFID reader or new antenna associated with the RFID reader has collected the RFID tag information. Based upon the change of location of the RFID tag—another type of display prompt—the central control station (200) sends instructions via communications module (62) to visual RFID (50) to change what is displayed on display (52). The communications module (62) directs the instructions to display microcontroller (60) which in turn sends new or updated information to display (52). The new display information can be provided by central control station (200) or the new display information can reside in the RFID tag memory or in any other tangible memory device associated with visual RFID tag (50). Central control station (200) transmits new display information of display instructions to visual RFID tag (150) in one embodiment by transmitting the information and/or instructions to a wireless hub (300) wherein the information/instructions are wirelessly transmitted to communications module (62). The communications module (62) directs the new information/instructions to display microcontroller (60) which in turn compiles and translates the new digital information into information that is displayed on display (52) in the form of updated visual information. In this exemplary method, RFID tag (56), communications module (62), display microcontroller (60) or none of these can activate capacitor (54) to power visible display (52) so that the new visual information can be displayed on display (52).
Emphasis provided.
Note that because the central control station has the information on the newly added items/inventory, it is considered to be well within the skill of an ordinarily skilled artisan to have displayed such information on the display (210) of central control station (200).
Further, Applicant asserts that the rejection of Independent Claims 1, 14 and 15 fails because “Cote detects presence or absence, not newly appearing merchandise, and relies on remote server-based logic rather than local on-unit control of a display”. See Applicant’s Remarks received 11/19/25, the paragraph bridging pages 20 and 21.
However, this aspect, i.e., newly appearing merchandise, which is not claimed, is taught by Chaves noting that based upon the location of the item, and where it is placed, it can be determined if the items are restock items, which are construed as “new items”. Note that new items can be construed as items which have moved from a warehouse storage position/location to a shelf storage location. Note also the mentioned in paragraph 96 that Chaves’ system reduces the need for unnecessary restocking, which implies that there is still necessary restocking. This is considered to be another mention of replenishing shelves with new items, or in other words, items that have moved from a warehouse location to a shelf location to take the place of items previously on the shelf that have been moved by a customer. Thus, Chaves is considered to teach the feature of newly appearing merchandise, i.e., items that have changed location from one location in a warehouse, to another location on a shelf, replacing prior items removed for purchase by a customer, for example.
Additionally, Applicant asserts that “Chaves discloses a smart shopping cart, not a mobile shelving unit” and “does not disclose reconfigurable display shelves, a battery and computer co-housed in an equipment compartment, a shelving-unit-mounted display controlled by a computer in that compartment, detection of newly appearing merchandise, or a closed on-unit RFID-to-computer-to-display processing loop”. See Applicant’s Remarks at p. 21, first full paragraph.
First, Chaves does not need to teach a smart shopping cart or a mobile shelving unit because Durkee provides the primary teaching. However, Applicant appears to admit that Chaves teaches a smart shopping cart, which is construed as a smart shelving unit. Additionally, DeBonet teaches the battery and computer co-housed in an equipment compartment. Chaves teaches detection of newly appearing merchandise, as previously discussed above. Cash teaches a plurality of reconfigurable shelves as mentioned at paragraph 10 and Claim 21 and as illustrated in figures 1-8, for example. Durkee teaches a plurality of shelves (532, 534), as illustrated in figures 6-10, for example. Durkee also teaches further comprising an interactive touch screen, i.e., user interface component (110) and display device (516), as mentioned at paragraph 29, third sentence, which mentions that “user interface component 110 may include a display (e.g., a touch screen display or natural user interace)”, for use by customers.
The term “closed on-unit RFID-to-computer-to-display processing loop” is also not found recited in any of the claims. Nonetheless, the teachings of Durkee, Ganz, Sanjay, Duron, DeBonet, Martin, Cote, Chaves and Cash teaches Applicant’s claimed device, system and method as a combination, and must be considered in terms of such a combination.
Therefore, Claims 1, 3-5 and 7-21 remain rejected.
Conclusion
Applicant is encouraged to contact the Examiner should there be any questions about this rejection or in an endeavor to explore potential amendments or potential allowable subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY ALAN SHAPIRO whose telephone number is (571)272-6943. The examiner can normally be reached on Monday-Friday generally between 8:30AM and 6:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Y Coupe can be reached on 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY A SHAPIRO/Primary Examiner, Art Unit 3619
December 26, 2025