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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/5/2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yanai et al. (JP H11349114 A) in view of Chavez et al. (US 10,549,928). Yanai discloses a data collection method implemented by one or more processors (10 and see para. 007, “the read barcode is decoded into identification information”) connected to a sorting machine sorting articles to different sorting destinations (see “Field of the Invention”), the method comprising: acquiring, by the one or more processors, an identification code (“bar code”) of an article from a reader (6) provided on the sorting machine for identifying the article being loaded into the sorting machine; acquiring, by the one or more processors, after the article has been read by the reader, image data of the article identified by the identification code from a camera (16), at the time when the article identified by the identification code enters angles of view of the camera; and storing, by the one or more processors, the acquired image data so as to be associated with the acquired identification code that is acquired before the image data is acquired (see at least “the image may be stored only when a trigger signal is input from a barcode reader”). The camera is disposed on a downstream side of the reader in the sorting machine (see Fig. 1). Yanai discloses all the limitations of the claims, but it does not disclose acquiring image data from a plurality of cameras that are attached so as to image the same article at different angles. Rather, Yanai discloses utilizing only one camera. However, Chavez discloses a similar method which includes acquiring image data from a plurality of cameras (114, 1126) that are attached so as to image the same article at different angles (see Fig. 1) for the purpose of ensuring that an article is properly identified. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Yanai by acquiring image data from a plurality of cameras that are attached so as to image the same article at different angles, as disclosed by Chavez, for the purpose of ensuring that an article is properly identified.
Allowable Subject Matter
Claims 7-11 and 13-16 are allowed.
Response to Arguments
Applicant's arguments filed 5/5/2026 have been fully considered but they are not persuasive.
The applicant states that Yanai does not disclose acquiring the identification code before acquiring the image data as required by the claims. The examiner disagrees with the applicant. Page 7, the seventh paragraph of the translation provided by the Office, states, “The bar code reader reads the bar code of the article sent . . .Then, when the visual sensor 14 detects that the article is at a position suitable for imaging . . .the image of the article . . .is stored on the video tape.” In other words, the identification code is acquired before the image data is acquired. These are the exact same steps the applicant points out in the Supplemental Response filed 5/20/2026.
The applicant states that Yanai stores the identification information separately from the captured image of the article. The examiner does not appreciate the relevance to patentability of the claims of the statement. However, the examiner notes that Yanai discloses a system in which all the information is stored in the same system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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, Michael McCullough can be reached at 571-272-7805. 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.
/PATRICK H MACKEY/Primary Examiner, Art Unit 3653
Prosecution Insights