DETAILED ACTION
Status of the Claims
In the communication filed on May 22, 2025, claims 135-141 are pending. Claims 122-134 are withdrawn, claims 135-136 are amended and claims 1-121 and 142-221 are cancelled.
Response to Arguments
The applicant argues that the amendment to the claim of “the one or more mobile power sources are different from and connectable to the at least one image capture device via at least one control unit”.
It should be noted that even if the power source, such as a battery, is integrated into a housing with an image capture device, or the camera, the camera and the battery are still considered different features.
The Examiner has further included Wong et al. US20140055611A1, as detailed below, as disclosing a power source connectable to an image capture device via a controller.
The applicant further argues that Peng does not disclose “a second electrical connector of a first mobile power source”, “a second electrical connector of a second mobile power source”, and “allowing the first mobile power source to mate with the second mobile power source slidably positioned adjacent to the first mobile power source along the base”.
Because Peng does not include electrically connecting the first and second mobile power source, the rejection in view of Peng is withdrawn. However, as detailed by the rejection below, the claim is instead further rejected in view of Wong et al. US20140055611A1 and Chiu US20140253016A1.
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 135-137 and 139 are rejected under 35 U.S.C. 103 as being unpatentable over Deng et al. CN108833857B in view of Peng US20160355339A1 and Wong et al. US20140055611A1.
Regarding claim 135, Deng discloses an apparatus (11) for slidably securing to a retail shelving unit for supplying power to at least one image capture device (12).
Deng discloses a base (11) configured to be mounted on a first surface of the retail shelving unit (FIG. 2) opposite to a second surface of the retail shelving unit designated for placement of retail products (9) (FIG. 2 – as detailed in the reproduced and annotated FIG 2 below).
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Deng does not explicitly disclose a selectable number of mobile power sources secured to the apparatus, a first rail arm extending from the base, the first rail arm including a first rail protruding from the first rail arm and extending in a longitudinal direction along the first rail arm; and a second rail arm extending from the base, the second rail arm including a second rail protruding from the second rail arm in a direction toward the first rail arm and extending in a longitudinal direction along the second rail arm; wherein the first and second rails are configured to engage with corresponding grooves of one or more mobile power sources to slidably secure the one or more power sources to the retail shelving unit, wherein the one or more mobile power sources are different from and connectable to the at least one image capture device via at least one control unit.
Peng discloses that the devices 150, 160, 170 may be powered by an integrated battery (¶40). The devices of Peng are disclosed as being slidably secured to an arm. Because, in general, cameras are well-known to include a battery, it would be obvious to one of ordinary skill in the art to provide the camera of Deng with an integrated battery, or power source, that would travel with the camera eliminating the restriction of a cable, as taught by the sliding pickers/movers/pushers of Peng. Thus, the claims remain rejected over Deng in view of Peng.
Peng discloses a first rail arm extending from the base, the first rail arm including a first rail protruding from the first rail arm (as illustrated in reproduced and annotated FIG. 6B below) and extending in a longitudinal direction along the first rail arm (at least a portion of the rail extends in a longitudinal direction along the arm); and
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Peng discloses a second rail arm extending from the base, the second rail arm (as illustrated in reproduced and annotated FIG. 6B above) including a second rail protruding from the second rail arm in a direction toward the first rail arm (as illustrated above, the rail extends toward the first rail arm) and extending in a longitudinal direction along the second rail arm (at least a portion of the rail extends in a longitudinal direction along the arm) .
Peng discloses that the first and second rails are configured to engage with corresponding grooves of one or more accessories (connected to 627B) to slidably secure the accessories to the unit (620B).
It would be obvious to one of ordinary skill in the art to apply the rail system as taught by Peng to the system of Deng in order to transport the device along a track system.
Peng does not explicitly teach that the one or more mobile power sources are different from and connectable to the at least one image capture device via at least one control unit.
Wong discloses that the one or more mobile power sources (11) are different from and connectable to the at least one image capture device (17) (FIG. 6 – power supply 11 is separate from the image capture device enclosure 16) via at least one control unit (FIG. 6; ¶63 – the second power supply 6 within enclosure 16 includes voltage regulation circuitry, thus having a controller).
It would be obvious to a person of ordinary skill in the art to provide the image capture device with a voltage regulator in order to avoid overcharging from the power supply and prevent damage to the unit.
Regarding claim 137, Deng discloses that the camera is mounted on a side of the retail shelving unit facing another retail shelving unit (FIG. 2).
Deng does not explicitly teach that the apparatus is configured support two or more mobile power sources configured to power a plurality of image capture devices located in separate housings.
Peng discloses the apparatus is configured support two or more mobile power sources (1545 in FIG. 15) configured to power a plurality of image capture devices (1580) (¶85 – there is at least one scanner/camera meaning that under the broadest reasonable interpretation there is a plurality) and located in separate housings (FIG. 15).
It would be obvious to one of ordinary skill in the art to apply the rail system as taught by Peng to the system of Deng in order to transport the device along a track system.
Regarding claim 139, Although Deng and Peng does not explicitly disclose a distance between the two opposing protrusions is between 45mm to 85mm, it should be noted that there is no indication within the specification of the specific range having criticality to the invention. It would be obvious to a person of ordinary skill to provide a distance between protrusions significant enough to hold onto a device to be held.
Claim 136 is rejected under 35 U.S.C. 103 as being unpatentable over Deng et al. CN108833857B in view of Peng US20160355339A1 and Wong et al. US20140055611A1 in further view of Chiu US20140253016A1.
Regarding claim 136, Deng discloses that the slide rail (11) is connected to a mobile power source, or a camera 12.
Deng does not explicitly teach that the first rail and the second rail are configured to direct a first electrical connector of a first mobile power source to a second electrical connector of a second mobile power source, thereby allowing the first mobile power source to mate with the second mobile power source slidably positioned adjacent the first mobile power source along the track.
Wong teaches the mobile power sources being slidably positioned along the track (FIG. 6).
It would be obvious to one of ordinary skill in the art to apply the rail system as taught by Wong to the system of Deng in order to power and transport the device along a track system without the need of wires which cause interference with the transport.
However Wong does not explicitly teach a first electrical connector of a first mobile power source to a second electrical connector of a second mobile power source, thereby allowing the first mobile power source to mate with the second mobile power source slidably positioned adjacent the first mobile power source along the track.
Chiu discloses a first electrical connector (31a) of a first mobile power source (10a) to a second electrical connector (32b) of a second mobile power source (10b), thereby allowing the first mobile power source to mate with the second mobile power source (FIG. 2) positioned adjacent the first mobile power source (because the power sources are directly connected they are thus adjacent to each other).
It would be obvious to one of ordinary skill in the art to provide power sources connected in series to the device of Deng and the power source of Wong in order to provide higher power which will provide the benefit of reducing the charging time and enabling the power sources to power a wider variety of devices (Chiu; ¶4 and 6).
Claim 138 is rejected under 35 U.S.C. 103 as being unpatentable over Deng et al. CN108833857B in view of Peng US20160355339A1 and Wong et al. US20140055611A1 in further view of Mchatet US8667818B1.
Regarding claim 138, Deng is silent as to the apparatus includes a locking mechanism that allows for toolless engagement of a power source with the rails, but requires a tool to disengage the power source from the rails.
Mchatet discloses that the apparatus includes a locking mechanism (20) that allows for toolless engagement of an accessory with the rails (130), but requires a tool (key assembly 160) to disengage the power source from the rails (column 6, lines 24-28).
It would be obvious to one of ordinary skill in the art to apply a lock to the assembly in order to prevent theft and provide security for merchandise (Mchatet; columns 1-4).
Claim 140 is rejected under 35 U.S.C. 103 as being unpatentable over Deng et al. CN108833857B in view of Peng US20160355339A1 and Wong et al. US20140055611A1 in further view of Burgess et al. US20100025348A1.
Regarding claim 140, Deng discloses mounting the apparatus to the first surface of the retail shelving unit (FIG. 2).
Deng does not explicitly disclose that the base includes an adhesive layer for mounting the apparatus (¶30).
Burgess discloses that the base of the track 22 includes an adhesive layer (30) for mounting the apparatus.
It would be obvious to one of ordinary skill in the art to use the adhesive of Burgess to mount the track of Deng in order to provide a secure mount to the shelf (Burgess; ¶30).
Claim 141 is rejected under 35 U.S.C. 103 as being unpatentable over Deng et al. CN108833857B in view of Peng US20160355339A1 and Wong et al. US20140055611A1 in further view of Gosling et al. USRE48722E1.
Regarding claim 141, Deng does not explicitly disclose that the base is an integral part of the retail shelving unit.
Gosling illustrates integrating the track into a panel (Fig. 11).
Although this is a wall oriented in a vertical direction, a person of ordinary skill in the art would understand that if a track system could be integrated into a wall it could likewise be integrated in the same manner into the shelf of Deng in order to reduce materials.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA JEPPSON whose telephone number is (571)272-4094. The examiner can normally be reached Monday-Friday 7:30 AM - 5:00 PM..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached on 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAMELA J JEPPSON/Examiner, Art Unit 2859
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859