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 .
Response to Amendment
This communication is filed in response to the action filed on 03/16/2026.
Claims 1, 4, and 5 are currently amended. Claims 1-14 are pending.
Response to Arguments
Applicant’s arguments filed on 03/16/2026 on pages 8-11, under REMARKS with respect to 35 U.S.C. 103 have been fully considered but they are not persuasive. Regarding claims 1-14 applicants on page 9 state that:
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The examiner respectfully disagrees. The examiner would like to point to the primary reference of record US 2021/0124937 A1 to MIRZA, particularly paragraphs [0061], [0065-0066], and [0166]. These paragraphs go on to state at paragraph [0061] that “Position tracking systems are used to track the physical positions of people and/or objects in a physical space (e.g., a store). These systems typically use a sensor (e.g., a camera) to detect the presence of a person and/or object and a computer to determine the physical position of the person and/or object based on signals from the sensor. In a store setting, other types of sensors can be installed to track the movement of inventory within the store. For example, weight sensors can be installed on racks and shelves to determine when items have been removed from those racks and shelves. By tracking both the positions of persons in a store and when items have been removed from shelves, it is possible for the computer to determine which person in the
store removed the item and to charge that person for the item without needing to ring up the item at a register”, and clearly describes and inventory management system for managing non-human objects for sale. Further stating at [0065-0066] that “FIG. 1, the space 102 is a store that comprises a plurality of items that are available for purchase. The tracking system 100 may be installed in the store so that shoppers need not engage in the conventional checkout process to purchase items from the store”, clearly showing the system is used to track items for purchase not people. Finally at paragraph [0166]} it is stated that “The digital cart 1410 comprises information about items 1306 the shopper has picked up for purchase. In one embodiment, the digital cart 1410 comprises item identifiers and a quantity associated with each item in the digital cart 1410. For example, when the shopper picks up a canned beverage, an item identifier for the beverage is added to their digital cart 1410”, which clearly shows an object which as described in the specification [0062-0063] and REMARKS is a stocked food item or household good which is non-human and for sale being registered with an item identifier not a RFID tag or something substantially similar as argued to be put into the customer cart based on removal from shelf determined via the computer vision system. Please see full rejection to the claims 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-14 are rejected under 35 § U.S.C. 103 as being obvious over US 2021/0124937 A1 to MIRZA et al (hereinafter “MIRZA”) in view of US 2021/0082031 A1 to LIU et al (hereinafter “LIU”).
As per claim 1, MIRZA discloses a management apparatus comprising (an inventory management system and method resident in a space like a store front or gas station; abstract; fig 1-2 and 38; paragraphs [0065-0066], [0402]): a processor configured to perform a procedure including (the computing system includes a processor component; abstract; fig 1-2 and 38; paragraphs [0065-0066], [0402-0403]), assigning unique sequence numbers respectively to objects existing in a real space (within the store the computing systems adapted to assign object information to each object to track the objects position in the store and if the customer has moved said object, the object is tracked using tracking information which includes an object identifier; paragraphs [0061], [0066-0067], [0074], [0086]), wherein the objects are non-human store inventory for sale (the computing system is an inventory management system to manage inventory items that may be purchased by a user and are therefore for sale non-human objects; figs 1 and 12; paragraphs [0004], [0061], [0065-0066], [0166]), setting relative position coordinates for each unit space of a virtual space formed by dividing the real space by preset units (in order to track objects within store space 102 a coordinate space is provide using a global plane to define such that an x-axis and a y-axis are parallel with a floor of the space 102 defined as a meter by meter square for each space of the plane such that positions of objects and people can be set as coordinate points “(x,y)”; paragraphs [0070-0072], [0077], [0092]), issuing numbers identifying the position coordinates (the position coordinates are displayed to the user as “(x,y)” to represent positions within the store; fig 15; paragraphs [0070-0072], [0077]), based on information obtained by capturing an image of an individual object arranged in the real space (based on markers relating to objects detected in image frames 302 within the store space 102 being observed via the tracking system 100; fig2-3; paragraphs [0095-0097], [0231]), determining a number identifying position coordinates indicating a place of the individual object in the virtual space (the tracking system 100 receives “(x,y)” coordinates 306 for markers 304 in the space 102 in fig 3, each marker 304 is an object that identifies a known physical location within the space 102; fig 3; paragraphs [0093-0094]), and registering first information linking range information of position coordinates the object occupies and a sequence number of the object to each other (the tracking system 100 is adapted to track positions according to the coordinate plane of people and products/objects in the store space 102 within a field of view (range) of a camera sensor for capturing image frames of which to use to perform the tracking process in which each person and object have been assigned identifier information; fig 10-11; paragraphs [0086], [0152], [0154], [0398]), registering second information indicating whether movement of the object out of the real space has been performed (the tracking system is adapted to determine if the user and user selected objects have exited the space and will send the user and exit notification and stop tracking of the objects and the user once objects are paid for via the users contactless payment account; fig 10-11; paragraphs [0086], [0152], [0154], [0166], [0303]), and updating, upon detecting that the movement of the object has been performed (an exit notification is only sent to the person after there is high confidence level that the person has exited this level is compared to a threshold confidence levels to make this determination; figs 10-11; paragraphs [0166], [0303]), the second information corresponding to the sequence number of the object so as to indicate that the movement of the object has been performed (where each exit confidence level of the objects and people in the space 102 is associated with each person’s respective unique identifier information used for tracking the specific person; fig 10-11; paragraphs [0086], [0152], [0154], [0303]); and a memory coupled to the processor and configured to hold the first information and the second information (the computing system comprises memory storage components to store data and program instructions related to the inventory tracking computing system and its methods performed; fig 1-2 and 38; paragraphs [0065-0066], [0402-0403]). MIRZA fails to disclose dividing a size of an object existing in the virtual space by the preset units.
LIU discloses dividing a size of an object existing in the virtual space by the preset units (the volume of accommodation in a location can be divided by a historical maximum storage quantity of the items in the location to determine an actual volume (unit of volume of the item) of the item within the turnover box of a defined volume in order to determine number of units that may fit in the space; figures 3, 7, and 8, paragraphs [0045], [0047], [0134]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify MIRZA to have the ability to define volume in the space by dividing by an object/product size of LIU reference. The Suggestion/motivation for doing so would have been to provide a computer-based way to track and visualize an upper limit of a location space volume of the shelf that can be occupied when a single item with the current SKU is used on the stacking location as suggested by LIU at paragraph [0134]. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine LIU with MIRZA to obtain the invention as specified in claim 1.
As per claim 2, MIRZA in view of LIU discloses the management apparatus according to claim 1. Modified MIRZA further discloses wherein the procedure further includes generating, upon detecting that the object no longer exists at the position coordinates of the object, holder information associating a holder holding the object (the tracking system is adapted to track object location using object tracking information which includes a rack placement for the object on rack 112 and determines the object has been removed from rack 112 by sensor 108 if the position of the object overlaps at least a threshold amount with an auto-exclusion zone 1910, 1914, the object may not be tracked; paragraphs [0236-0237], [0304-0305]), which no longer exists at the position coordinates of the object, and identification information of the object with each other (if a rack 112, sign, product display, or other furniture or object in space 102 is added, removed, or moved all activities which occur frequently and occur without warning/unintentionally, in those cases one or more of the sensors 108 require recalibration or adjustment; paragraphs [0232], [0236-0237]).
As per claim 3, MIRZA in view of LIU discloses the management apparatus according to claim 2. Modified MIRZA further discloses wherein the procedure further includes comparing the identification information of the object registered in the holder information with identification information of the object presented by the holder and determining whether the process of permitting the movement of the object held by the holder out of the virtual space has been performed (the tracking system is adapted to determine object removal by an identified person from the rack 112 the item 1306 was present on the system also tracks if items 1306 was returned to the rack 112 if removed and not returned the items are assigned to the identified users digital cart 1410 and if returned to the rack the items are removed from the cart this occurs even if view of the items is obscured; paragraphs [0223-0225], [0230]).
As per claim 4, MIRZA discloses a management method comprising (an inventory management system and method resident in a space like a store front or gas station; abstract; fig 1-2 and 38; paragraphs [0065-0066], [0402]): assigning, by a computer, unique sequence numbers respectively to objects existing in a real space (within the store the computing systems adapted to assign object information to each object to track the objects position in the store and if the customer has moved said object, the object is tracked using tracking information which includes an object identifier; paragraphs [0061], [0066-0067], [0074], [0086]); wherein the objects are non-human store inventory for sale (the computing system is an inventory management system to manage inventory items that may be purchased by a user and are therefore for sale non-human objects; figs 1 and 12; paragraphs [0004], [0061], [0065-0066], [0166]), setting, by the computer, relative position coordinates for each unit space of a virtual space formed by dividing the real space by preset units (in order to track objects within store space 102 a coordinate space is provide using a global plane to define such that an x-axis and a y-axis are parallel with a floor of the space 102 defined as a meter by meter square for each space of the plane such that positions of objects and people can be set as coordinate points “(x,y)”; paragraphs [0070-0072], [0077], [0092]); issuing, by the computer, numbers identifying the position coordinates (the position coordinates are displayed to the user as “(x,y)” to represent positions within the store; fig 15; paragraphs [0070-0072], [0077]); based on information obtained by capturing an image of an individual object arranged in the real space (based on markers relating to objects detected in image frames 302 within the store space 102 being observed via the tracking system 100; fig2-3; paragraphs [0095-0097], [0231]), determining, by the computer, a number identifying position coordinates indicating a place of the individual object in the virtual space (the tracking system 100 receives “(x,y)” coordinates 306 for markers 304 in the space 102 in fig 3, each marker 304 is an object that identifies a known physical location within the space 102; fig 3; paragraphs [0093-0094]), and registering first information linking range information of position coordinates the object occupies and a sequence number of the object to each other (the tracking system 100 is adapted to track positions according to the coordinate plane of people and products/objects in the store space 102 within a field of view (range) of a camera sensor for capturing image frames of which to use to perform the tracking process in which each person and object have been assigned identifier information; fig 10-11; paragraphs [0086], [0152], [0154], [0398]); registering, by the computer, second information indicating whether movement of the object out of the real space has been performed (the tracking system is adapted to determine if the user and user selected objects have exited the space and will send the user and exit notification and stop tracking of the objects and the user once objects are paid for via the users contactless payment account; fig 10-11; paragraphs [0086], [0152], [0154], [0166], [0303]); and updating, by the computer, upon detecting that the movement of the object has been performed (an exit notification is only sent to the person after there is high confidence level that the person has exited this level is compared to a threshold confidence levels to make this determination; figs 10-11; paragraphs [0166], [0303]), the second information corresponding to the sequence number of the object so as to indicate that the movement of the object has been performed (where each exit confidence level of the objects and people in the space 102 is associated with each person’s respective unique identifier information used for tracking the specific person; fig 10-11; paragraphs [0086], [0152], [0154], [0303]). MIRZA fails to disclose dividing a size of an object existing in the virtual space by the preset units.
LIU discloses dividing a size of an object existing in the virtual space by the preset units (the volume of accommodation in a location can be divided by a historical maximum storage quantity of the items in the location to determine an actual volume (unit of volume of the item) of the item within the turnover box of a defined volume in order to determine number of units that may fit in the space; figures 3, 7, and 8, paragraphs [0045], [0047], [0134]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify MIRZA to have the ability to define volume in the space by dividing by an object/product size of LIU reference. The Suggestion/motivation for doing so would have been to provide a computer-based way to track and visualize an upper limit of a location space volume of the shelf that can be occupied when a single item with the current SKU is used on the stacking location as suggested by LIU at paragraph [0134]. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine LIU with MIRZA to obtain the invention as specified in claim 4.
As per claim 5, MIRZA discloses a non-transitory computer-readable storage medium storing therein a computer program that causes a computer to perform a procedure comprising (an inventory management system and method resident in a space like a store front or gas station; abstract; fig 1-2 and 38, the computing system includes a processor component and memory component to store and execute instructions to perform the inventory management procedure; paragraphs [0065-0066], [0402]): assigning unique sequence numbers respectively to objects existing in a real space (within the store the computing systems adapted to assign object information to each object to track the objects position in the store and if the customer has moved said object, the object is tracked using tracking information which includes an object identifier; paragraphs [0061], [0066-0067], [0074], [0086]); wherein the objects are non-human store inventory for sale (the computing system is an inventory management system to manage inventory items that may be purchased by a user and are therefore for sale non-human objects; figs 1 and 12; paragraphs [0004], [0061], [0065-0066], [0166]), setting relative position coordinates for each unit space of a virtual space formed by dividing the real space by preset units (in order to track objects within store space 102 a coordinate space is provide using a global plane to define such that an x-axis and a y-axis are parallel with a floor of the space 102 defined as a meter by meter square for each space of the plane such that positions of objects and people can be set as coordinate points “(x,y)”; paragraphs [0070-0072], [0077], [0092]); issuing numbers identifying the position coordinates (the position coordinates are displayed to the user as “(x,y)” to represent positions within the store; fig 15; paragraphs [0070-0072], [0077]); based on information obtained by capturing an image of an individual object arranged in the real space (based on markers relating to objects detected in image frames 302 within the store space 102 being observed via the tracking system 100; fig2-3; paragraphs [0095-0097], [0231]), determining a number identifying position coordinates indicating a place of the individual object in the virtual space (the tracking system 100 receives “(x,y)” coordinates 306 for markers 304 in the space 102 in fig 3, each marker 304 is an object that identifies a known physical location within the space 102; fig 3; paragraphs [0093-0094]), and registering first information linking range information of position coordinates the object occupies and a sequence number of the object to each other (the tracking system 100 is adapted to track positions according to the coordinate plane of people and products/objects in the store space 102 within a field of view (range) of a camera sensor for capturing image frames of which to use to perform the tracking process in which each person and object have been assigned identifier information; fig 10-11; paragraphs [0086], [0152], [0154], [0398]); registering second information indicating whether movement of the object out of the real space has been performed (the tracking system is adapted to determine if the user and user selected objects have exited the space and will send the user and exit notification and stop tracking of the objects and the user once objects are paid for via the users contactless payment account; fig 10-11; paragraphs [0086], [0152], [0154], [0166], [0303]); and updating, upon detecting the movement of the object has been performed (an exit notification is only sent to the person after there is high confidence level that the person has exited this level is compared to a threshold confidence levels to make this determination; figs 10-11; paragraphs [0166], [0303]), the second information corresponding to the sequence number of the object so as to indicate that the movement of the object has been performed (where each exit confidence level of the objects and people in the space 102 is associated with each person’s respective unique identifier information used for tracking the specific person; fig 10-11; paragraphs [0086], [0152], [0154], [0303]). MIRZA fails to disclose dividing a size of an object existing in the virtual space by the preset units.
LIU discloses dividing a size of an object existing in the virtual space by the preset units (the volume of accommodation in a location can be divided by a historical maximum storage quantity of the items in the location to determine an actual volume (unit of volume of the item) of the item within the turnover box of a defined volume in order to determine number of units that may fit in the space; figures 3, 7, and 8, paragraphs [0045], [0047], [0134]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify MIRZA to have the ability to define volume in the space by dividing by an object/product size of LIU reference. The Suggestion/motivation for doing so would have been to provide a computer-based way to track and visualize an upper limit of a location space volume of the shelf that can be occupied when a single item with the current SKU is used on the stacking location as suggested by LIU at paragraph [0134]. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine LIU with MIRZA to obtain the invention as specified in claim 5.
As per claim 6, MIRZA in view of LIU discloses the management apparatus of claim 1. Modified MIRZA further discloses wherein the second information is generated based on detecting absence of the image of the object at the position coordinates (tracking system 100 uses a second predefined zone to detect that the person's 1802 hand reaches for an item 1306 before detecting the weight decrease on the weight sensor 110 of the rack 112 the items was resident on the second predefined zone is used to alert the tracking system 100 that an item 1306 is about to be picked up from the rack 112 which triggers the sensor 108 to capture a frame 302 that includes the item 1306 being removed from the rack 112; paragraph [0205]).
As per claim 7, MIRZA in view of LIU discloses the management apparatus of claim 6. Modified MIRZA further discloses wherein the processor is further configured to, associate the sequence number of the object with a visitor sequence number for a visitor performing the movement of the object (each person that enters the store space 102 is assigned identification information including customer identifiers 1118 as they enter the store space; paragraph [0152]).
As per claim 8, MIRZA in view of LIU discloses the management apparatus of claim 7. Modified MIRZA further discloses wherein the processor is further configured to, determine whether payment for the object has been completed by the associated visitor, and if payment has been completed, update a stock table in the memory with a date of the completion and a flag indicating the object is out of stock (the associated visitor with associated customer identifier is assigned a cart and any objects/items placed in the cart and exited with the customer will be charged to the customers contactless payment account for purchase and the quantity of items are tracked for inventory purposes; fig 14; paragraphs [0166], [0186]).
As per claim 9, MIRZA in view of LIU discloses the method of claim 4. Modified MIRZA further discloses wherein the second information is generated based on the detecting absence of the image of the object at the position coordinates (tracking system 100 uses a second predefined zone to detect that the person's 1802 hand reaches for an item 1306 before detecting the weight decrease on the weight sensor 110 of the rack 112 the items was resident on the second predefined zone is used to alert the tracking system 100 that an item 1306 is about to be picked up from the rack 112 which triggers the sensor 108 to capture a frame 302 that includes the item 1306 being removed from the rack 112; paragraph [0205]).
As per claim 10, MIRZA in view of LIU discloses the method of claim 9. Modified MIRZA further discloses further comprising: associating, by the computer, the sequence number of the object with a visitor sequence number for a visitor performing the movement of the object (each person that enters the store space 102 is assigned identification information including customer identifiers 1118 as they enter the store space; paragraph [0152]).
As per claim 11, MIRZA in view of LIU discloses the method of claim 10. Modified MIRZA further discloses further comprising: determining, by the computer, whether payment for the object has been completed by the associated visitor, and if payment has been completed, updating a stock table with a date of the completion and a flag indicating the object is out of stock (the associated visitor with associated customer identifier is assigned a cart and any objects/items placed in the cart and exited with the customer will be charged to the customers contactless payment account for purchase and the quantity of items are tracked for inventory purposes; fig 14; paragraphs [0166], [0186]).
As per claim 12, MIRZA in view of LIU discloses the medium of claim 5. Modified MIRZA further discloses wherein the second information is generated based on detecting absence of the image of the object at the position coordinates (tracking system 100 uses a second predefined zone to detect that the person's 1802 hand reaches for an item 1306 before detecting the weight decrease on the weight sensor 110 of the rack 112 the items was resident on the second predefined zone is used to alert the tracking system 100 that an item 1306 is about to be picked up from the rack 112 which triggers the sensor 108 to capture a frame 302 that includes the item 1306 being removed from the rack 112; paragraph [0205]).
As per claim 13, MIRZA in view of LIU discloses the medium of claim 12. Modified MIRZA further discloses wherein the procedure further comprises: associating the sequence number of the object with a visitor sequence number for a visitor performing the movement of the object (each person that enters the store space 102 is assigned identification information including customer identifiers 1118 as they enter the store space; paragraph [0152]).
As per claim 14, MIRZA in view of LIU discloses the method of claim 13. Modified MIRZA further discloses wherein the procedure further comprises: determining whether payment for the object has been completed by the associated visitor, and if payment has been completed, updating a stock table with a date of the completion and a flag indicating the object is out of stock (the associated visitor with associated customer identifier is assigned a cart and any objects/items placed in the cart and exited with the customer will be charged to the customers contactless payment account for purchase and the quantity of items are tracked for inventory purposes; fig 14; paragraphs [0166], [0186]).
Conclusion
Examiner's Note: Examiner has cited figures, and paragraphs in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested for the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Examiner has also cited references in PTO892 but not relied on, which are relevant and pertinent to the applicant’s disclosure, and may also be reading (anticipatory/obvious) on the claims and claimed limitations. Applicant is advised to consider the references in preparing the response/amendments in-order to expedite the prosecution.
THIS ACTION IS MADE FINAL. 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 DEVIN JACOB DHOOGE whose telephone number is (571) 270-0999. The examiner can normally be reached 7:30-5:00.
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, Andrew Bee can be reached on (571) 270-5183. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800- 786-9199 (IN USA OR CANADA) or 571-272-1000.
/Devin Dhooge/
USPTO Patent Examiner
Art Unit 2677
/Jonathan S Lee/Primary Examiner, Art Unit 2677
Prosecution Insights