DETAILED ACTION
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 13, 2026 has been entered.
Claim 1 has been amended.
Claims 6-20 are withdrawn.
Claims 21-22 have been added.
Claim 3 has been cancelled.
Claims 1-2 and 4-22 are pending.
The effective filing date of the claimed invention is September 9, 2023, and claims priority to US Pat 11,763,253 with a filing date of August 19, 2020.
Response to Amendment
Amendments to Claim 1 is acknowledged.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2, 4-5, and 21-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed a judicial exception (i.e., an abstract idea) without significantly more.
Step 1 – Statutory Categories
As indicated in the preamble of the claim, the examiner finds the claim is directed to a process, machine, manufacture, or composition of matter.( Claims 1-2, 4-5, and 21-22 are machines). Accordingly, step 1 is satisfied.
Step 2A – Prong 1: was there a Judicial Exception Recited
Claim 1 recites the following abstract concepts that are found to include “abstract idea.” Any additional elements will be analyzed under Step 2A-Prong 2 and Step 2B:
A flexible polymer material first package and flexible polymer second package, comprising:
a first package located in a first location, comprising:
a first sensor device located within the interior of the first location;
a first processor communicatively coupled to the first sensor device to:
receive first signaling from the first sensor; and
write to a storage device coupled to the first processor a first data set that is based at least in part on the first signaling (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
a first controller coupled to the first processor and configured to:
automatically adjust a first temperature of the first location responsive to detecting the first temperature falling outside of a first temperature falling outside of a first temperature threshold;
track inventory information associated with the first location based at least in part on the first data set written to the storage device (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
share inventory updates associated with the first location with a computing device located in a different location and communicatively coupled to the first package based on the tracked inventory information associated with the first location (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
communicate the inventory information associated with the first location to the second package (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
the second package located in a second location, communicatively coupled to the first package, and comprising:
a second sensor device located within the interior of the second location; and
a second processor communicatively coupled to the second sensor device to:
receive second signaling from the second sensor device; and
write to a storage device coupled to the first processor a second data set that is based at least in part on the second signaling (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
a second controller coupled to the second processor and configured to:
automatically adjust a second temperature of the second location responsive to detecting the second temperature falling outside of a second temperature threshold;
track inventory information associated with the second location based at least in part on the first data set written to the storage device (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
share inventory updates associated with the second location with the computing device located in the different location and communicatively coupled to the second package based on the tracked inventory information associated with the second location (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
communicate the inventory information associated with the second location to the first package (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
request inventory from the first location based on the communicated inventory information associated with the first location and the second location (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)),
wherein the first controller of the first apparatus is configured to share and request inventory updates associated with the first location and the second location with the second apparatus (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)), and
wherein the first controller of the first apparatus is further configured to learn inventory patterns using artificial intelligence (AI) to provide an inventory recommendation associated with at least one item associated with the first location, the second location, or a combination thereof, and to order the at least one item based on the inventory patterns (See MPEP 2106.04(a)(2)(III) mental processes, defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016) and PEG Example 47, Claim 2, Under its broadest reasonable interpretation when read in light of the specification, the “analyzing” encompasses mental processes practically performed in the human mind by observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III.).
Claim 1 is directed to a series of steps for performing actions in monitoring and maintaining inventory information, which mental processes. The mere nominal recitation of packages, locations, sensor devices, processors communicatively coupled to the sensor devices, storage devices, controllers, and artificial intelligence (AI), does not take the claim out of the method of organizing human interactions. Thus, Claim 1 recites an abstract idea.
Step 2A – Prong 2: Can the Judicial Exception Recited be integrated into a practical application
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The identified abstract idea of exemplary Claim 1 is not integrated into a practical application. The additional elements are: flexible polymer material packages, locations, sensor devices, processors communicatively coupled to the sensor devices, storage devices, controllers, and artificial intelligence (AI). These additional elements are broadly recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. Claim 1 is directed to an abstract idea.
Step 2B – Significantly More Analysis
Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and in combination, steps a) a first package located at a first location, comprising: a first sensor device located within the interior of the first location; a first processor communicatively coupled to the first sensor device to receive first signaling form the first sensor and write to a storage device coupled to the first processor a first data set that is based on the first signaling, and a first controller coupled to the first processor configured to automatically adjust a temperature of the first location; track inventory information associated with the first location based on the first data set, share inventory updates associated with the first location; and communicate the inventory information associated with the first location to a second package, b) the second package located in a second location communicatively coupled to the first package, and comprising a second sensor device , a second processor communicatively coupled to the second sensor device to receive second signaling from the second sensor device and write to a storage device coupled to the first processor a second data set based on the second signaling, and a second controller coupled to the second processor configured to automatically adjust a second temperature of the second location, track inventory information associated with the second location based on the first dataset, share inventory updates associated with the second location; communicate the inventory information associated with the second location to the first package, and request inventory from the first location, c) configured to share and request inventory updates associated with the first location and the second location with the second apparatus, and d) learn inventory patterns using artificial intelligence to provide an inventory recommendation associated with the locations, and order at least one item based on the inventory pattern, do not add significantly more to the exception because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Claim 1 is ineligible.
Claim 2 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III). For the additional limitation of a camera device, the examiner refers to the "apply it" rationale of MPEP 2106.05(f).
Claim 4 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 5 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III). For the additional limitation of an access device, and storage device, the examiner refers to the "apply it" rationale of MPEP 2106.05(f).
Claim 21 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III). For the additional limitation of a temperature sensor, the examiner refers to the "apply it" rationale of MPEP 2106.05(f).
Claim 22 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III). For the additional limitation of a thermostat, the examiner refers to the "apply it" rationale of MPEP 2106.05(f).
Prior Art
The prior arts of record fail to teach the overall combination as claimed. Therefore, it would not have been obvious to one of ordinary skill in the art to modify the prior art to meet the combination above without unequivocal hindsight and one of ordinary skill would have no reason to do so. Exemplary claim 1 recites the following:
A flexible polymer material first package and a flexible polymer second package comprising:
the first package located in a first location, comprising:
a first sensor device located within the interior of the first location;
a first processor communicatively coupled to the first sensor device to:
receive first signaling from the first sensor; and
write to a storage device coupled to the first processor a first data set that is based at least in part on the first signaling; and
a first controller coupled to the first processor and configured to:
automatically adjust a first temperature of the first location responsive to detecting the first temperature falling outside of a first temperature threshold;
track inventory information associated with the first location based at least in part on the first data set written to the storage device;
share inventory updates associated with the first location with a computing device located in a different location and communicatively coupled to the first package based on the tracked inventory information associated with the first location; and
communicate the inventory information associated with the first location to the second package;
the second package located in a second location, communicatively coupled to the first package, and comprising:
a second sensor device located within the interior of the second location; and
a second processor communicatively coupled to the second sensor device to:
receive second signaling from the second sensor device; and
write to a storage device coupled to the first processor a second data set that is based at least in part on the second signaling; and
a second controller coupled to the second processor and configured to:
automatically adjust a second temperature of the second location responsive to detecting the second temperature falling outside of a second temperature threshold;
track inventory information associated with the second location based at least in part on the first data set written to the storage device;
share inventory updates associated with the second location with the computing device located in the different location and communicatively coupled to the second package based on the tracked inventory information associated with the second location; and
communicate the inventory information associated with the second location to the first package; and
request inventory from the first location based on the communicated inventory information associated with the first location and the second location,
wherein the first controller of the first apparatus is configured to share and request inventory updates associated with the first location and the second location with the second apparatus, and
wherein the first controller of the first apparatus is further configured to learn inventory patterns using artificial intelligence (Al) to provide an inventory recommendation associated with at least one item associated with the first location, the second location, or a combination thereof, and to order the at least one item based on the inventory patterns. (Emphasis added to highlight features that distinguish over the prior art).
The prior art of record, alone or in combination, neither anticipates, reasonably teaches, nor renders obvious the Applicant’s claimed invention.
US Pat Pub 2019/0236527 “Bhaumik” discloses a computing system obtains, by a smart container component implemented on the computing system, sensor data from a set of sensors associated with a smart container. The computing system identifies an inventory status for the smart container using the obtained sensor data and determines whether to initiate inventory actions for the smart container based on the identified inventory status and a set of rules associated with the smart container. Bhaumik fails to disclose automatically adjusting a temperature of a location responsive to detecting the temperature falling outside of a temperature threshold at at least two locations; track inventory information at the at least two locations; share inventory information of the at least two locations; and request inventory from the first location based on inventory information of the first location and the second location.
US Pat Pub 2017/0147966 “Aversa” teaches an inventory monitoring device and from a system including shelf inventory sensor devices that each include cameras and distance sensors positioned to monitor shelf spaces, camera image data and distance sensor data from the shelf inventory sensor devices. Types of items stored on shelf spaces and a number of items stored on the at shelf spaces are determined based on the camera image data. A current used volume of the shelf spaces is identified based on distance sensor data, and a notification is sent to a device associated with the supplier in response to a determination that the current used volume is lower than a predetermined threshold. Aversa fails to teach automatically adjusting a temperature of a location responsive to detecting the temperature falling outside of a temperature threshold at at least two locations; track inventory information at the at least two locations; share inventory information of the at least two locations; and request inventory from the first location based on inventory information of the first location and the second location.
US Pat Pub 2019/0148170 “Hussain” teaches a sensor, such as a sensor for monitoring an environment around the flexible electronic device or a sensor for monitoring the health of a person wearing the flexible electronic device as a decal. Hussain fails to teach automatically adjusting a temperature of a location responsive to detecting the temperature falling outside of a temperature threshold at at least two locations; track inventory information at the at least two locations; share inventory information of the at least two locations; and request inventory from the first location based on inventory information of the first location and the second location.
US Pat Pub 2019/0147396 “Bohling” teaches product-specific data is obtained for a product and an environment associated with the product from various information sources and sensors. The obtained product-specific data is used to calculate freshness indicator values for a given product. The calculated freshness indicator values are used to calculate a shelf life prediction for the given product. Bohling fails to teach automatically adjusting a temperature of a location responsive to detecting the temperature falling outside of a temperature threshold at at least two locations; track inventory information at the at least two locations; share inventory information of the at least two locations; and request inventory from the first location based on inventory information of the first location and the second location.
US Pat Pub 2018/0058739 “Zou” teaches fulfillment of perishable goods using transportable climate-controlled units. A computing environment may control operation and transportation of network-enabled refrigeration units using mobile drive units capable of navigating a materials handing center or other space. Zou fails to teach automatically adjusting a temperature of a location responsive to detecting the temperature falling outside of a temperature threshold at at least two locations; track inventory information at the at least two locations; share inventory information of the at least two locations; and request inventory from the first location based on inventory information of the first location and the second location.
Response to Arguments
35 USC 101
Applicant's arguments filed April 13, 2026 have been fully considered but they are not persuasive.
Applicant argues that Claim 1 recites elements that integrate the judicial exception into a practical application. More specifically that the limitations of a controller automatically adjusting temperature responsive to detecting a temperature outside of a threshold and the controller sharing inventor updates with a computing device located in a different location, are additional elements rather than generic computer components, and that the limitations are substantially similar to Diamond v. Diehr (450 US 175) “constantly determining the temperature of the mold, constantly recalculating the appropriate cure time through the use of the formula and a digital computer, and automatically opening the press at the proper time.” The limitation lacks a relationship between the claimed temperature detection/temperature adjustment, and the rest of the claim. Accordingly, this limitation is found to be extra-solution activity and well-understood, routine, and conventional. Thermostats in HVAC systems work by turning the HVAC system on when a temperature goes outside of a range.
35 USC 103
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed April 13, 2026, with respect to 35 USC 103 rejection of Claims 1-2, 4-6, and 21-22 have been fully considered and are persuasive. The 35 USC 103 rejection of Claims 1-2, 4-6, and 21-22 has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
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/REVA R MOORE/Examiner, Art Unit 3627
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627
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