DETAILED ACTION
The Preliminary Amendment 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1-21 are objected to because they do not conform to 37 CFR 1.75(i). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 7, 9-11 and 13-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 5, the term "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Regarding claims 7 and 9, the term "preferably" renders the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claims 10 and 11 recite “a data center”, “an algorithm”, and other limitations previously recited. How many of these limitations do claims 10 and 11 require?
Claims 13-21 are method claims which depend from the apparatus claim 1. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP § 2173.05(p). Limitations in method claims are construed differently than the same limitations in apparatus claims. Therefore, the claims are also indefinite because they are subject to a plurality of plausible claim constructions. Additionally, the claims recite various “double inclusions” of limitations previously recited in claim 1.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elazary et al. (US 2020/0065747). Elazary discloses a system for detecting a number of articles in a placement region of a load carrier in an article storage, comprising an analysis region (see Fig. 1), in which the load carrier (see para. 0013, “container”) can be provisioned, an image capturing system (130,140, see paras. 0025 and 0070) for monitoring the analysis region, and a data processing unit (100), wherein the image capturing system is configured to capture an image of the placement region of the load carrier and to transmit the same to the data processing unit, wherein the data processing unit is configured to evaluate an image transmitted by the image capturing system by means of an algorithm for object recognition, in order to recognize the articles arranged in the placement region of the load carrier as objects (see at least paras. 0017 and 0026) and to ascertain the number of articles in the placement region (see at least paras. 0017, 0039, and 0070) of the load carrier. The system has a control unit (800 or IMS), and the data processing unit generates a transport stipulation for the load carrier based on the number of articles and transmits it to the control unit (see para. 0041). The control unit is configured to control a conveying device (“robot” and see para. 0080) of the article storage, so that the conveying device conveys the load carrier according to the transport stipulation (see para. 0041). The data processing unit is configured to detect article data by means of object recognition and/or to receive article data (see at least paras. 0017, 0026, 0039 and 0070). The image capturing system has a first camera (130, 140), which is arranged for capturing the image from a first angle, in particular 90 degrees to a placement surface of the load carrier. The image capturing system has at least one further camera (130, 140), which is arranged for capturing at least one further image of the placement region from a further angle, wherein the further angle is different from the first angle (see Fig. 1). The system has at least one detection unit (110, 120) for detecting at least one load carrier parameter, preferably a total weight of the load carrier, wherein the detection unit transmits the at least one load carrier parameter to the data processing unit , and the data processing unit is preferably configured to take into account the load carrier parameter when evaluating the image (see at least para. 0022). the data processing unit is connected to a data center (310 or “remote IMIS”) via a communication module. The data processing unit is configured to transmit a data set, preferably comprising an image of the placement region and/or the ascertained number of articles, to the data center and/or to receive a data set from it, wherein the data processing unit optimizes the object recognition on the basis of received data sets (see at least paras. 0033 and 0037). Data sets each comprising at least one image of a placement region of a load carrier and an ascertained number of articles, wherein the ascertained number of articles indicates a number of articles in the placement region, and the data center is connected, via a communication module, to a plurality of systems according for transferring data sets between, in each case, one system and the data center (see at least paras. 0033, 0037, and 0088-0092). An algorithm for machine learning is implemented in the data center, which algorithm can be fed data sets in order to improve an algorithm for object recognition (see at least paras. 0037 and 0046). The load carrier is moved through the analysis region at a constant speed, during which the image is captured (see para. 0080). The image is evaluated in real time, and the transport stipulation is generated in real time (see at least Fig. 2 and paras. 0030 and 0038-0041). The number of articles is compared to a target value, wherein the load carrier is transported to a working area when the target value is undershot or exceeded or is transported to a dispatch area or dispatch area when the number of articles matches the target value (see at least paras. 0038-0042). A total weight of the load carrier is measured by a weighing device and transmitted to the data processing unit, whereupon the number of articles in the placement region of the load carrier is calculated from a known individual weight of the articles and a known tare weight of the load carrier and taken into account in the detection of the number of articles (see paras. 0022-0024). The algorithm for object recognition is optimized in a teaching step by means of machine learning, on the basis of existing article data and/or stored images of placement regions of load carriers, wherein a plurality of images of placement regions or a plurality of images of placement regions and numbers of articles corresponding to the images are fed into a computing unit, on which computing unit the algorithm for object recognition is implemented, whereupon a test run is performed, during which a plurality of images of placement regions are fed into the computing unit, and the corresponding number of articles is ascertained by the computing unit using the algorithm for object recognition (see paras 0024-0025, 0039, and 0070, additionally, the examiner notes that this is inherent in disclosure Elezary). The object recognition of the data processing unit is optimized during ongoing operation by means of machine learning using centrally stored images and numbers of articles corresponding to said images (see at least paras. 0037 and 0046). In case of a deviation of the ascertained number of articles from the target value, an input prompt is directed at a user, and a number of articles manually counted by the user is recorded and fed into the data processing unit, whereupon the ascertained number of articles is compared to the manually counted number of articles by the data processing unit, and the algorithm for object recognition is adapted based on the comparison (see at least paras. 0029, 0046, 0055, 0088, and 0090).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Buibas et al. (US 10,586,208) and Le et al. (US 10,339,656) disclose systems which determine the quantity of items in a location based on images.
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.
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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.
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/PATRICK H MACKEY/Primary Examiner, Art Unit 3653