DETAILED ACTION
This Non-Final Office action is in response to Applicant’s RCE filing on 03/16/2025. Claims 1-20 are pending; claims 16-20 are withdrawn; and, claims 1-15 are examined below. The effective date of the claimed invention is 02/17/2023.
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 .
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 1-15 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.
Claim 1 (and similarly claim 10) recites “a unique network address of the network interface” in line 15; “the unique network address of the first circuit board” in line 17-18; “circuit boards of the plurality of racks” in line 33; and, “the unique network address associated with the rack” in lines 36-37.
For “the unique network address of the first circuit board” in line 17-18, this renders the claim indefinite for lack of proper antecedent basis as a unique network address of the first circuit board has not been recited prior to this, rendering the claim indefinite. Appropriate correction is required.
For “circuit boards of the plurality of racks” in line 33, there is a lack of antecedent basis back to the “a separate circuit board located at each rack (claim 1, line 5), so it is unclear if these are the same or not. This renders the claim indefinite. Appropriate correction is required.
For “the unique network address associated with the rack” line 36-37, there is a lack of proper antecedent basis, thereby rendering the claim indefinite. This has not been recited in the claims. Appropriate correction is required.
Claims 7 and 15 recites “a plurality of racks” in line 2 and “a master controller” in line 3. There is a lack of antecedent basis as these limitations have been recited in claims 1 and 10, respectively. This renders the claim indefinite. Appropriate correction is required.
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 nonobviousness.
Claims 1-5 and 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2011/0102144 to Okina et al. (“Okina”) in view of U.S. Pat. Pub. No. 2013/0130622 to Yang et al. (“Yang”) in view of U.S. Pat. Pub. No. 2018/0027995 to Vieville (“Vieville”).
With regard to claims 1, 8, and 10, Okina discloses the claimed system, comprising:
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a rack of a plurality of racks, where each rack stores a plurality of packs of cigarettes/items1 (see e.g. Fig. 5, various racks that are configured to hold items such as items that resemble a pack of items, shown to the right; [0068] the electronic shelf label terminal 1 is installed at a position identified by the product shelf number “101”, the row (vertical direction) “1”, and the column (lateral direction) “1”. As for the electronic shelf label terminal 1 identified by the ESL code 1013, there is stored information indicating that the electronic shelf label terminal 1 is installed at a position identified by the product shelf number “102”, the row (vertical direction) “1”, and the column (lateral direction) “1”; the examiner finds that the claimed “rack” is the identified column in Okina, i.e. the vertical rack, that goes from the front of the display to the back, and holds items);
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a display device associated with each rack of the plurality of racks and positioned in front of the rack (see e.g. Fig. 12, electronic shelf label; see Fig. 5 with various display devices on each rack, display devices are e.g. ESLs 1-11, 1-12, 1-23, etc.); and
a separate circuit board located at each rack of the plurality of racks, a first circuit board associated with the rack (see e.g. [0044] ESL server 2 - With this configuration, the electronic shelf label terminals 1 and the ESL server 2 are capable of performing data communication with each other. Further, the ESL server 2 and the handy terminal 5 are capable of performing data communication with each other. It should be noted that, by using the near field wireless scheme for the wireless network between the electronic shelf label terminals 1 and the repeaters 4-1 to 4-3, the electronic shelf label terminals 1 may be downsized, and battery lives thereof may be extended. In addition, communication rates between the electronic shelf label terminals 1 and the repeaters 4-1 to 4-3 may be made higher. For the claimed “separate circuit board located at each rack” the examiner refers to Okina, e.g., Fig. 5, shown here:
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The examiner notes that Okina Fig. 5 shows that each rack (such as 1-1 column, or 1-2 column), is associated with a separate circuit board (shown in Okina as ESL such as 1-1, 1-2, etc.) for each column) and comprising:
a memory that stores information relating to the rack (see e.g. [0008] a management-device storage unit for storing information indicating the position at which the second information display device is installed; [0009]; Fig. 6; [0087]), wherein the information comprises a rack number of the rack (see e.g. Fig. 7, column (lateral direction indicator, such as 1, 2, 3, . . . n), a number of packs stored in the rack and a first universal product code (UPC) associated with a type of the packs stored in the rack (see Fig. 7:
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where the number of items is one, or at least one; Fig. 14 207-217, where the product information such as (1 pack of specific cigarettes) is associated with a rack), wherein the display device displays a code associated with the information relating to the rack (see e.g. Fig. 9, [0076] On the front of the electronic shelf label terminal 1, the display unit 12 and a barcode 17 are provided);
a network interface (see e.g. [0044]); and
a processor communicatively coupled to the memory, the network interface, and the display device, wherein the processor is configured to (see e.g. Fig 1, ESL server 2):
receive using the network interface, an indication that a scanner has scanned the code associated with the rack (see e.g. [0089] The operator causes the barcode reader included in the input unit 56 of the handy terminal 5 to read the barcode 17 of the electronic shelf label terminal 1 serving as the reference shelf label. The control unit 51 of the handy terminal 5 acquires the ESL code of the electronic shelf label terminal 1 from the read barcode 17. The wireless communication unit 54 of the handy terminal 5 transmits the acquired ESL code to the ESL server 2);
in response to receiving the indication, establish communication with the scanner using the network interface (see e.g. [0089] The wireless communication unit 54 of the handy terminal 5 transmits the acquired ESL code to the ESL server 2.);
transmit to the scanner at least a portion of the information relating to the rack (see e.g. [0089] The control unit 51 of the handy terminal 5 acquires the ESL code of the electronic shelf label terminal 1 from the read barcode 17.);
receive from the scanner a second UPC associated with a pack of cigarettes/items scanned by the scanner for loading into the rack (see e.g. [0091] (Step S203) The operator causes the barcode reader included in the input unit 56 of the handy terminal 5 to read a barcode attached to a product whose product information is to be displayed on the electronic shelf label terminal 1 from which the barcode has been read in Step S201.);
map the rack number of the rack to the second UPC received from the scanner (see e.g. [0093] (Step S205) The management-device control unit 21 of the ESL server 2 stores, in the management information database stored in the management-device storage unit 23, the product information acquired in Step S204 in association with the ESL code received in Step S201. After that, the ESL server 2 proceeds to processing of Step S206. (emphasis added)); and
transform the information relating to the rack by adding to the information the second UPC mapped to the rack number, wherein the code is associated with the transformed information (see e.g. [0094] (Step S206) The management-device control unit 21 of the ESL server 2 causes the electronic shelf label terminal 1 identified by the ESL code received in Step S201 to display the mark 121 indicating that the electronic shelf label terminal 1 is the reference shelf label and the product information acquired in Step S204. After that, the ESL server 2 proceeds to processing of Step S207. At this time, the screen displayed on the electronic shelf label terminal 1 is, for example, the screen illustrated in FIG. 11.);
after adding the second UPC to the information associated with the rack, transmit an updated information associated with the rack to a master controller (see Okina, e.g. [0101] management-device control unit 21 of ESP server receives data relating to “adding 1 to the value of the column of the electronic shelf label terminal 1 for which the product information has been associated with last time.”; [0118]);
circuit boards of the plurality of racks are connected to the master controller in a daisy chain (Okina is silent regarding the “circuit boards of the plurality of racks are connected to the master controller in a daisy chain.” As shown above, Okina does disclose where the ESL are connected to the master controller. The only aspect of the claim is the capability to be connected in a “daisy chain.” This was known at the time of filing. See Vieville at e.g. [0006], [0027]. To be clear, Vieville is entitled, Electronic Smart Shelf Display. The concept of daisy chaining computer elements and management module together is taught at these section of Vieville. Therefore, it would have been obvious to one of ordinary skill in the smart shelf display art before the effective filing date of the claimed invention to modify Okina’s ESL with management module system to include the ability to “daisy chain” the devices together so that “[e]ach tier row electronic controller can be daisy chained to its next row electronic controller thereby simplifying assembly and allowing all rows to be driven by a single power source. See Vieville, [0006]);
the processor is configured to transmit the updated information to the master controller along with the unique network address associated with the rack (in this limitation, these system claims require that the processor is configured to transmit data to the master controller. If the processor is thereby configured, it could send any known data including the known data recited in the claim. See Okina [0101] (Step S213) The management-device control unit 21 of the ESL server 2 identifies the position information of the electronic shelf label terminal 1 identified by the ESL code received in Step S212. [0029] FIG. 14 is a flow chart illustrating operation procedures of the ESL server according to the first embodiment of the present invention).
As shown above, Okina is a solid reference for ESL/rack/handheld scanner context, but appears to be silent regarding code including unique network address of the ESL board, and receiving, at that network address, an indication that the scanner scanned the code. See also the “daisy chain” aspect that Okina is silent on, and Vieville supplements. Yang teaches a device has an identification code that includes a network address, where the code can be a QR code or barcode, and a mobile device obtains/captures the code to enable pairing/communication using that network address. See Yang’s published claims 1-3. See Yang at [0011] “A method and system in accordance with the present invention allows for a wireless sensor device [such as Okina’s ESL board] to be seamlessly paired with a user mobile device [see Okina’s barcode reader/scanner]. By implementing an application within a mobile device, an efficient and cost-effective wireless sensor device pairing system is achieved that can support a significant number of users and devices. One of ordinary skill in the art readily recognizes that a variety of wireless sensor devices may be utilized and that would be within the spirit and scope of the present invention.” Further, see Yang at [0020] “As above described, the method and system allow for an automated pairing of a wireless sensor device to a user to improve the efficiency of wireless sensor device tracking and registration. By implementing an application within a mobile device, an efficient and cost-effective wireless sensor device pairing system is achieved that can support a significant number of users and devices.” The process of pairing not only facilitates communications between the two devices, but the process of pairing itself requires the exchanging of data between the two devices in order to “pair” such as in Bluetooth protocol.
Okina is silent regarding claim 8, Yang teaches this at e.g. published claim 3 (QR code).
Therefore, it would have been obvious to one of ordinary skill in the barcode presenting art before the effective filing date of the claimed invention to modify Okina’s ESL terminal “barcode indicating information” so that the displayed code also includes the ESLs terminal’s unique network address (as taught by Yang), and to configure the system such that, upon scanning, the handy terminal initiates communicates directed to that unique network address to notify/communicate with the addressed ESL terminal (i.e “receive at a unique network address . . . an indication that a scanner has scanned the code”). Yang explains in the Background section the problem that, to register/pair devices, the unique network address must otherwise by “readily known and manually registered,” which is inefficient and time consuming, and states a need for a solution that pairs without having to already know the unique network address, and by providing an identification code that includes a network address which can be captured by the mobile device. Yang [0002-3]. The advantage of such a modification is therefore efficiency, direct and reliable address communication, and ease of use.
With regard to claims 2 and 11, Okina further discloses where the processor is further configured to: after the information relating to the rack is transformed, receive using the network interface a second indication that a second scanner has scanned the code; in response to receiving the second indication, establish communication with the second scanner using the network interface; and transmit to the second scanner at least a portion of the transformed information relating to the rack (see e.g. [0042] multiple handy terminals 5).
With regard to claims 3 and 12, Okina further discloses where the portion of the information relating to the rack transmitted to the scanner comprises the rack number of the rack (see e.g. [0061]).
With regard to claims 4 and 13, Okina further discloses where the portion of the information relating to the rack transmitted to the scanner further comprises the number of the packs currently stored in the rack and the first UPC of the packs stored in the rack (see Fig. 7:
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where the number of items is one, or at least one).
With regard to claims 5 and 14, Okina further discloses where the processor is further configured to: detect that a pack of cigarettes has been loaded in the rack; and transform the information relating to the rack by updating the number of packs stored in the rack, wherein the code is associated with the transformed information (see e.g. [0118-122]).
With regard to claim 7, 15, Okina further discloses: a plurality of racks including the rack (see e.g. Fig. 5); and a master controller communicatively coupled to the plurality of racks, wherein the processor is further configured to transmit to the master controller the transformed information relating to the rack (see e.g. Figs. 2-4).
With regard to claim 9, Okina further discloses where the scanner includes a handheld scanner (see e.g. [0042] handy terminals 5; [0095]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Okina, Yang,c Vieville, in view of U.S. Pat. Pub. No. 2016/0134930 to Swafford (“Swafford”).
With regard to claim 6, Okina does not disclose the limitations of claim 6. Swafford teaches at e.g. [0071-84] Fig. 1b, 1a that it would have been obvious to detect that a shoe has moved (forward or reverse), such as the shoe in Fig. 1b:
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measuring the amount of items when moved (Swafford e.g. [0077]), and transform the information based on the updated number of packs (Swafford e.g. [0082]), where this is beneficial in that it allows the system “to precisely calculate the amount of product in a facing.” Therefore, it would have been obvious to one of ordinary skill in the retail shelf art before the effective filing date of the claimed invention to modify Okina to include the shoe(s) of Swafford, and the detection and transform, so that the system can “precisely calculate the amount of product in a facing.”
Response to Arguments
Applicant's arguments filed 03/16/2026 have been fully considered but they are not persuasive.
Applicant argues that the references operate in fundamentally different technological domains and solve different problems. The examiner respectfully disagrees. Primary reference, Okina, refers to a system of electronic shelf labels that are connected to a management server that receives data and sends data to said ESLs at each row. See Okina’s system at Fig. 5:
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As for Yang, Yang relates to a method and system for pairing a sensor device to a user. This is what Yang was referred to for. See above. The examiner finds the sensor of Yang to be similar to the ESL of Okina. They are both devices that sit in spots and perform automated functioning. The examiner finds the combination of Okina with Yang to be proper for the reasons that Yang was combined with Okina, identified above.
Applicant argues that the examiner’s motivation to combine is logically flawed. The examiner respectfully disagrees. The examiner merely refers to Yang to show the limitation that is not taught by Okina. The examiner also does not agree with that argument that the proposed combination changes the principle of operation of Okina.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter Ludwig whose telephone number is (571)270-5599. The examiner can normally be reached Mon-Fri 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd Obeid can be reached at 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER LUDWIG/Primary Examiner, Art Unit 3627
1 See MPEP 2114(II) II. MANNER OF OPERATING THE DEVICE DOES NOT DIFFERENTIATE APPARATUS CLAIM FROM THE PRIOR ART. In other words, the apparatus is the system that is configured to stores items, and/or configured to store items like a pack of cigarettes, but the pack of cigarettes are not required in the claimed apparatus claim, as the pack of cigarettes relates to the manner of operating the device instead of the apparatus itself.
Prosecution Insights