DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/13/2026 has been entered.
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 .
Disposition of Claims
Claims 1-20 are pending in the instant application. Claims 2, 16, and 17 have been cancelled. No claims have been added. Claims 1, 6, and 11 have been amended herein. The rejection of the pending claims is hereby made non-final.
Response to Arguments
Applicant’s arguments and amendments have been considered by the examiner, and are found to be moot in view of the new grounds of rejection presented below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gu et al (US 2020/0184447) in view of
Bashkin (US 2018/0091782)
Regarding claim 1, the prior art discloses a system for detecting a commercial transaction through physical interactions with items, the system comprising: a plurality of sensory modules associated with one or more shelves within a container(see at least paragraph [0035] “one or more sensors may be affixed to one or more structures in the automated-checkout store. The structures may comprise, for example, a ceiling, a floor, a shelf, a rack, a refrigerator, other suitable structures, or any combination thereof”), the plurality of sensory modules including a static cameras module (see at least paragraph [0041] “inputs may include image and/or video signals from an array of cameras mounted in various parts of an automated-checkout store such as the ceiling, cashier level, shelf level, signals from touch capacitive sensors on shelfs, signals from weight sensors on shelfs, signals from force sensors on shelfs, and/or vibration sensors on shelfs”); an integration module configured to: receive data from the plurality of sensory modules, the data including physical activities corresponding to items on the shelves at a given session (see at least paragraph [0054] “In particular, the computer system may calculate a conditional probability of a particular activity of a person based on prior detected activities of the person”); resolve the data from the sensory modules using probabilistic reasoning and machine learning (see at least paragraph [0055] “machine learning algorithm”); determine a new container state after the given session based on the resolved data (see at least paragraph [0078] “the calculation of the actual total weight may need to take the weight of the container into account. More specifically, the actual total weight of items purchased by the person may be determined by the difference between the first weight associated with the person and the shopping container upon entering the store, and the second weight associated with the person and the shopping container with items purchased therein upon leaving the store”); and determine a final commercial transaction based on the new container state (see at least paragraph [0081] “the computer system may verify if the actual total weight is consistent with the expected total weight at step 870. For example, if the discrepancy between the actual and the expected total weights is within a predetermined threshold, the transaction is deemed as verified at step 870. The threshold may be determined and updated by the store. In some embodiments, if a transaction is verified, the computing system may generate a bill based on the log at step 880. For example, an itemized receipt may be generated and delivered to the customer by a SMS, email, in-app message, printed receipt, another suitable means, or any combination thereof”).
Gu et al does not appear to disclose the items being placed on one or more shelves within a container, comprising a plurality of shelves at least one given shelf in the container having two or more lanes separated from each other by a separator wherein movement of items placed in each of the lanes is confined to the lane, and wherein items may be removed from or replaced in lanes, the data including a first photo taken by the at least one static camera of the two lanes; wherein the static cameras module comprises at least one static camera positioned under a first shelf above a given shelf of the container at or near a front of the container and being rear facing to cover a view of items in given lanes covered by the at least one static camera on a given shelf of the given container, the static cameras module configured to: retrieve a first image taken by the at least one static camera of the given lanes covered by the at least one static camera before or at a start of a given session, wherein the given session is started when the system detects a door of the given container is opened; retrieve a second image taken by the at least one static camera of the same given lanes covered by the at least one static camera in the first image at or after an end of the given session; wherein the given session ends when the system detects the door of the given container is closed; and transmit the first and second images to an integration module; and the integration module configured to: resolve, using machine learning, differences between the first and second images to determine which one or more items from the given lanes were removed or added in between the start and end of the given session; determine a new container state based on the resolved differences between the first and second images; and determine a final commercial transaction based on the items determined to be removed from or added to a given shelf.
However, Bashkin discloses a storage container inventory control system and method, wherein the items being placed on one or more shelves within a container, comprising a plurality of shelves at least one given shelf in the container having two or more lanes separated from each other by a separator wherein movement of items placed in each of the lanes is confined to the lane (see at least paragraph [0102] to Bashkin), and wherein items may be removed from or replaced in lanes, the data including a first photo taken by the at least one static camera of the two lanes (see at least paragraph [0085] to Baskin, wherein there are means for capturing an image related to the inventory; means for determining removal of the inventory; and means for recording removal of the inventory in a data); wherein the static cameras module comprises at least one static camera positioned under a first shelf above a given shelf of the container at or near a front of the container and being rear facing to cover a view of items in given lanes covered by the at least one static camera on a given shelf of the given container (see at least paragraph [0108] to Bashkin, wherein angle 1402 allows a first line-of-site 1412 for a camera that captures the removal or return of items housed by each container 816. The angle 1402 further allows a second line-of-site 1414 for a user to view items housed by each container 816), the static cameras module configured to: retrieve a first image taken by the at least one static camera of the given lanes covered by the at least one static camera before or at a start of a given session, wherein the given session is started when the system detects a door of the given container is opened (see at least paragraph [010] to Bashkin, wherein a sensor can detect when a door is opened to power or activate one or more cameras that monitor the contents of the storage container 10); retrieve a second image taken by the at least one static camera of the same given lanes covered by the at least one static camera in the first image at or after an end of the given session (see at least paragraph [0101] to Bashkin, wherein he storage container 10 includes a motion limiting device that restricts motion of at least one door so as to provide a line of site for the camera. This allows a camera to capture what is being taken out of the storage container 10); wherein the given session ends when the system detects the door of the given container is closed; and transmit the first and second images to an integration module (see at least paragraph [0113] to Bashkin, wherein video camera can also be recording the activity. The container can be closed and re-secured after the desired items are removed and accounted for. After the transaction is complete, or at regular intervals, information can be retrieved from the system); and the integration module configured to: resolve, using machine learning, differences between the first and second images to determine which one or more items from the given lanes were removed or added in between the start and end of the given session (see at least paragraph [0113] to Bashkin, wherein The database can be leveraged by administrators and managers, as well as, supply personnel who can use system information to replenish inventory and forecast demand. Notifications can be generated and transmitted to ensure the appropriate personnel are aware when action is required (e.g., inventory low, specific item taken, fraud or abuse). The information can be, but is not limited to, information of frequency of use of the item, number of items taken, number of items returned, information related to a condition of the item, a record of who is taking an item, a record of who is returning an item, a record of a duration of time the item was used, tracking of a job the item was used, among others. Information may be connected to various outside systems for replenishment, asset tracking, reporting among others); determine a new container state based on the resolved differences between the first and second images; and determine a final commercial transaction based on the items determined to be removed from or added to a given shelf (see at least paragraph [0068] to Bashkin, wherein In embodiments, display component 36 can facilitate an account system where credits or debits are tracked by user).
In KSR, the Supreme Court particularly emphasized “the need for caution in granting a patent based on the combination of elements found in the prior art,” and discussed circumstances in which a patent might be determined to be obvious. Importantly, the Supreme Court reaffirmed principles based on its precedent that “[t]he combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.” In this case the combination of the limitations as disclosed by the prior art references Gu et al and Bashkin, would yield a predictable result, specifically a system and method wherein the system automatically tracks user interaction with shelves by the usage of sensor and image data and makes a determination as to whether the items were procured by the user, and subsequently charging the user, as recited in the pending claims. It would have been obvious to one of ordinary skill in the art to modify the system and method of Gu et Bashkin order to provide a system for automated checkout that eliminates the need for human cashiers, reduces the likelihood of theft, and streamlines the purchasing process within retail stores, because the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. Furthermore, one of ordinary skill in the art would have recognized that the results of the combination were predictable, therefore the combination has been deemed obvious.
Regarding claim 3, the prior art discloses the system of claim 1 further including a video cameras module configured to: receive video recordings that start when the container is opened and ends when the container is closed; determine items that have been placed in and out of the container and times of which the items have been placed in and out of the container; and transmit associated with the determined items and times to the integration module (see at least paragraph [0052] “An image sensor 520 may be affixed on the ceiling. The image sensors 520, 530a, and 530b may all be configured such that they can record images or videos of a person's hand 540 interacting with items held by the fixture 510.”).
Regarding claim 4, the prior art discloses the system of claim 3, further including a weight sensors module configured to detect weight changes on the one or more shelves during the given session (see at least paragraph [0010] “receiving, by the computer system from the one or more weight sensors, a first weight associated with the person at a first point of time; receiving, by the computer system from the one or more weight sensors, a second weight associated with the person at a second point of time; and calculating, by the computer system, the actual total weight based on a difference between the first weight and the second weight”).
Regarding claim 5, the prior art discloses the system of claim 4 wherein the integration module is further configured to resolve the static camera module detecting an item removal by confirming with data from the video cameras module and the weight sensors module (see at least paragraph [0041] “These inputs may include image and/or video signals from an array of cameras mounted in various parts of an automated-checkout store such as the ceiling, cashier level, shelf level, signals from touch capacitive sensors on shelfs, signals from weight sensors on shelfs, signals from force sensors on shelfs, and/or vibration sensors on shelfs. The system may use these signals to identify a customer and monitor the product items that the customer takes out of the store, and thus automatically checkout the product items. The system may also use these signals to calculate an inventory level of each of a plurality of retail products within the store”).
Regarding claim 7, the prior art discloses the method of claim 6 further comprising detecting a change to a current container state has occurred (see at least paragraph [0037] to GU et al “Based on a change to the data from one or more of the sensors, the computer system may determine if one or more product items are placed on or removed from the shelf or if one or more product items are partially removed or depleted”).
Regarding claim 8, the prior art discloses the method of claim 7 wherein the current container state comprises data identifying available inventory and placement of the inventory in the container prior to the detected change to the current container state (see at least paragraph [0003] “inventory management”).
Regarding claim 9, the prior art discloses the method of claim 8 wherein determining the new container state further comprises determining the new container state based a change to the available inventory or placement of the inventory (see at least paragraph [0041] ”The system may use these signals to identify a customer and monitor the product items that the customer takes out of the store, and thus automatically checkout the product items. The system may also use these signals to calculate an inventory level of each of a plurality of retail products within the store”).
Regarding claim 10, the prior art discloses the method of claim 6 wherein the final commercial transaction comprises data including a description of which items have been taken from the container and an indication that the taken items are desired to be purchased (see at least paragraph [0076] “The expected total weight may refer to the total weight of the product items that are determined by the computer system as removed and purchased by the person. These product items may correspond to the entries in the log associated with the person, as shown in Table 1. As an example, the computer system may iterate the log entries and calculate the expected total weight of items purchased by the person. The computer system may calculate the expected total weight as a sum of the pre-stored weight values of the product items determined to have been removed by the person”).
Claims 6 and 11-15 each contain recitations substantially similar to those addressed above and, therefore, are likewise rejected.
Regarding claim 18, the prior art discloses the system of claim 1, further comprising a step motor for moving the at least one static camera along a front of the at least one given shelf to thereby allow the at least one static camera to capture photos of items on the entirety of the at least one given shelf (see at least paragraph [0045] to Bashkin, wherein and one or more cameras are focused on items within the storage container 10 (to track removal or returning).
Regarding claim 19, the prior art discloses the system of claim 1, wherein using the first and second photos to determine states of the container at the start and end of the given session comprises using the first and second photos to detect removal of one or more items from the lanes (see at least paragraph [0045] to Bashkin, wherein and one or more cameras are focused on items within the storage container 10 (to track removal or returning).
Regarding claim 20, the prior art discloses the method of claim 6, wherein using the first and second photos to determine states of the container at the start and end of the given session comprises using the first and second photos to detect removal of one or more items from the lanes ((see at least paragraph [0048] to Bashkin, number of items can have a first weight and when one or more items are removed or returned, a new weight is detected by a scale system 46 to determine a number of items. This can be utilized in combination or in the alternative of one or more cameras to detect item removal or return).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The examiner has considered all references listed on the Notice of References Cited, PTO-892.
The examiner has considered all references cited on the Information Disclosure Statement submitted by Applicant, PTO-1449.
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/TALIA F CRAWLEY/Primary Examiner, Art Unit 3627