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 .
Summary
This Final Office Action in response to the communication received on November 13, 2025.
Claims 1-2 and 4-5 have 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Claims 6-20 are withdrawn.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 Claims 1-2 and 4-5 are 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:
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
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:
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));
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 track inventory information associated with the first location based on the first data set, 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 track inventory information associated with the second location based on the first dataset, 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).
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.
Claim(s) 1-2, 4-5, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2019/0236527 “Bhaumik”, in view of US Pat Pub 2017/0147966 “Aversa”, in view of US Pat Pub 2019/0148170 “Hussain”.
As per Claim 1, Bhaumik discloses a flexible polymer first package and a flexible polymer second package, comprising:
a first package located in a first location (Bhaumik: [0017] the disclosure enable one or more smart containers to control or manage inventory. A master node, or smart container device, may manage local inventory within a network. The smart container device may monitor inventory status for a plurality of inventory items, make and execute inventory decisions, and facilitate communication between other smart containers on the network.), comprising:
a first sensor device located within the interior of the first location (Bhaumik: [0028] Computing device 104 may also include sensor array 126. Sensor array 126 may be a set of one or more sensors configured to monitor a container. The one or more sensors may include, without limitation, optical sensors, image capture devices, hyperspectral imaging sensors, weight sensors, thermometers, barometers, hygrometers, lasers, lidar, ultrasonic sensors, infrared sensors, photoionization detectors, gas sensors, electrochemical gas sensors, scanner devices, or any other suitable sensor, for example. As used herein, a container may be any area, enclosure, surface, or space capable of including physical items. For example, a container may include, without limitation, a shelf, a display, a case, a unit, a structure, a cabinet, a room, an enclosure, a surface, a counter, a stand, or any other suitable means of storing items. Sensor array 126 may be configured to monitor an associated container for inventory status of an associated inventory item);
a first processor communicatively coupled to the first sensor device (Bhaumik: [0028] Computing device 104 may also include sensor array 126. Sensor array 126 may be a set of one or more sensors configured to monitor a container. The one or more sensors may include, without limitation, optical sensors, image capture devices, hyperspectral imaging sensors, weight sensors, thermometers, barometers, hygrometers, lasers, lidar, ultrasonic sensors, infrared sensors, photoionization detectors, gas sensors, electrochemical gas sensors, scanner devices, or any other suitable sensor, for example. As used herein, a container may be any area, enclosure, surface, or space capable of including physical items. For example, a container may include, without limitation, a shelf, a display, a case, a unit, a structure, a cabinet, a room, an enclosure, a surface, a counter, a stand, or any other suitable means of storing items. Sensor array 126 may be configured to monitor an associated container for inventory status of an associated inventory item) to:
receive first signaling from the first sensor (Bhaumik: [0047], sensor data obtained by/from set of sensors 222 may be used by container module 212 to identify a container assignment, such as container location, associated inventory item(s), and the like, in order to generate container data 218.); 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 (Bhaumik: [0047], sensor data obtained by/from set of sensors 222 may be used by container module 212 to identify a container assignment, such as container location, associated inventory item(s), and the like, in order to generate container data 218.); and
a first controller coupled to the first processor (Bhaumik: [0023] Memory 114 stores and/or maintains, among other data, one or more applications. The applications, when executed by the processor 112, operate to perform one or more operations and/or provide functionality on the computing device 104. Example applications include smart container component 116 and inventory management component 117, which may represent applications for facilitating smart container inventory management) and configured to:
track inventory information associated with the first location based at least in part on the first data set written to the storage device (Bhaumik: [0029] Smart container component 116 may associate or otherwise assign a container, such as container-A 128, to computing device 104. In this example, sensor array 126 may be configured to monitor container-A 128 for inventory status of an associated inventory item during a period in which computing device 104 is assigned to container-A 128. In some examples, computing device 104 may be configured for a particular container, such as container-A 128.); and
communicate the inventory information associated with the first location to a second package (Bhaumik: [0030] Computing device 106, computing device 108, and computing device 110 may be assigned to other containers, and may communicate via communication network(s) 124 to perform inventory management operations within environment 100.);
the second package located in a second location, communicatively coupled to the first package (Bhaumik: [0017] the disclosure enable one or more smart containers to control or manage inventory. A master node, or smart container device, may manage local inventory within a network. The smart container device may monitor inventory status for a plurality of inventory items, make and execute inventory decisions, and facilitate communication between other smart containers on the network. The smart container may aggregate communication of the local network into a consolidated communication for a distributed network), and comprising:
a second sensor device located within the interior of the second location (Bhaumik: [0028] Computing device 104 may also include sensor array 126. Sensor array 126 may be a set of one or more sensors configured to monitor a container. The one or more sensors may include, without limitation, optical sensors, image capture devices, hyperspectral imaging sensors, weight sensors, thermometers, barometers, hygrometers, lasers, lidar, ultrasonic sensors, infrared sensors, photoionization detectors, gas sensors, electrochemical gas sensors, scanner devices, or any other suitable sensor, for example. As used herein, a container may be any area, enclosure, surface, or space capable of including physical items. For example, a container may include, without limitation, a shelf, a display, a case, a unit, a structure, a cabinet, a room, an enclosure, a surface, a counter, a stand, or any other suitable means of storing items. Sensor array 126 may be configured to monitor an associated container for inventory status of an associated inventory item); and
a second processor communicatively coupled to the second sensor device (Bhaumik: [0028] Computing device 104 may also include sensor array 126. Sensor array 126 may be a set of one or more sensors configured to monitor a container. The one or more sensors may include, without limitation, optical sensors, image capture devices, hyperspectral imaging sensors, weight sensors, thermometers, barometers, hygrometers, lasers, lidar, ultrasonic sensors, infrared sensors, photoionization detectors, gas sensors, electrochemical gas sensors, scanner devices, or any other suitable sensor, for example. As used herein, a container may be any area, enclosure, surface, or space capable of including physical items. For example, a container may include, without limitation, a shelf, a display, a case, a unit, a structure, a cabinet, a room, an enclosure, a surface, a counter, a stand, or any other suitable means of storing items. Sensor array 126 may be configured to monitor an associated container for inventory status of an associated inventory item) to:
receive second signaling from the second sensor device (Bhaumik: [0047], sensor data obtained by/from set of sensors 222 may be used by container module 212 to identify a container assignment, such as container location, associated inventory item(s), and the like, in order to generate container data 218.); 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 (Bhaumik: [0047], sensor data obtained by/from set of sensors 222 may be used by container module 212 to identify a container assignment, such as container location, associated inventory item(s), and the like, in order to generate container data 218.); and
a second controller coupled to the second processor (Bhaumik: [0023] Memory 114 stores and/or maintains, among other data, one or more applications. The applications, when executed by the processor 112, operate to perform one or more operations and/or provide functionality on the computing device 104. Example applications include smart container component 116 and inventory management component 117, which may represent applications for facilitating smart container inventory management) and configured to:
track inventory information associated with the second location based at least in part on the first data set written to the storage device (Bhaumik: [0029] Smart container component 116 may associate or otherwise assign a container, such as container-A 128, to computing device 104. In this example, sensor array 126 may be configured to monitor container-A 128 for inventory status of an associated inventory item during a period in which computing device 104 is assigned to container-A 128. In some examples, computing device 104 may be configured for a particular container, such as container-A 128.); and
request inventory from the first location based on the communicated inventory information associated with the first location and the second location (Bhaumik: [0051] analysis module determines whether to initiate a local inventory query based on the identified inventory status and the set of rules corresponding to the monitored container. [0052] the network inventory status and a set of rules determines whether to initiate a network inventory action. [0053] a network inventory action may include generating a relocation instruction, generating a replenishment order, generating an inventory alert or notification, generating an order request for user verification, and or any other suitable inventory management action. Thus, managing the inventory of the first enclosure and the second enclosure),
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 (Bhaumik: [0037] Plurality of container data 150 may be dynamically updated as computing devices are assigned and/or reassigned to containers within the network. In some examples, smart container component 116 uses plurality of container data 150 to identify one or more other network containers that are associated with a same item as that of the container assigned to smart container component 116, in order to send inventory status queries for the given inventory item to the computing devices corresponding to the containers associated with that inventory item.).
.
Bhaumik fails to disclose a flexible polymer first package and a flexible polymer second package, comprising:
communicate the inventory information associated with the second location to the first package, 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.
Aversa teaches a flexible polymer first package and a flexible polymer second package, comprising:
communicate the inventory information associated with the second location to the first package (Aversa: [0018] A group of shelf inventory sensor devices 102 may be attached to (or include) a shelf controller 106 that reads shelf inventory sensor data from the shelf inventory sensor devices 102 (i.e., distance sensors and cameras) and transmits the shelf inventory sensor data via the wireless network 130/140 to inventory management server 110 and/or user devices 120.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bhaumik to include communicating inventory information from a second location to a first package as taught by Aversa, with the inventory management system as taught by Bhaumik with the motivation to prevent underutilization of allocated shelf space, increase customer acquisition and/or ensure higher levels of customer retention (Aversa: [0002]).
Bhaumik and Aversa fail to disclose a flexible polymer first package and a flexible polymer second package:
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.
Hussain teaches flexible polymer first package and a flexible polymer second package (Hussain: [0061], sensors comprise layers of flexible polymer).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Bhaumik and Aversa to include a flexible polymer material as taught by Hussain, with the inventory sensing device at each container as taught by Bhaumik and Aversa with the motivation of providing devices with greater durability and resilience and allow for applications that necessitate enhanced flexibility (Hussain: [0006]).
Bhaumik, Aversa, and Hussain fail to disclose:
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.
Bohling teaches:
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 (Bohling: [0025], training data may be generated for the system to train a machine learning component of the system to calculate freshness indicator values and shelf life predictions. The training data may be generated using a retention sampling application, in some examples. The retention sampling application may inspect a sample sub-set of a product as described for initial inspection stage 106, to generate a freshness score or freshness indicator value. The sample sub-set may then be maintained at the distribution center, in this example, at the preferred storage conditions and monitored by the system to identify data points of the products life cycle, such as a duration of time that the item remains at various freshness points, a duration of time at which the item reaches the end of shelf life, and the like. These data points obtained by the system from the retention sampling application may be used to refine models for freshness indicators, shelf life prediction, and obtain data points on optimal environmental conditions for shelf life extension, for example. The system may combine the data points obtained on optimal environmental conditions with real-time data associated with actual environmental factors corresponding to a product to calculate differentials used for adjusting calculations, for example.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Bhaumik, Aversa, and Hussain to use artificial intelligence (AI) to provide an inventory recommendation associated with at least one item as taught by Bohling, with the inventory sensing device at each container as taught by Bhaumik, Aversa, and Hussain with the motivation of appropriately predicting shelf life prevents waste and minimizes the chances of customers dissatisfaction with the produce (Bohling: [0013]).
As per Claim 2, Bhaumik discloses a first package and second package, further comprising the first controller configured to track inventory information associated with the first location using a camera device (Bhaumik: [0025]).
As per Claim 4, Bhaumik discloses a first package and second package, further comprising the first processor configured to identify a quantity or amount of at least one item in the first location and the second processor configured to identify a quantity or amount of the at least one item in the second location (Bhaumik: [0033]).
As per Claim 5, Bhaumik discloses a first package and second package, wherein at least one of the first package and the second package further comprises an access device, a storage device, or a combination thereof (Bhaumik: [0183]).
As per Claim 21, Bhaumik fails to disclose but Aversa teaches a first package and second package, wherein the first package comprises a temperature sensor located within the interior of the first location and configured to monitor the interior of the first location (Aversa: [0016]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bhaumik to include communicating inventory information from a second location to a first package as taught by Aversa, with the inventory management system as taught by Bhaumik with the motivation to prevent underutilization of allocated shelf space, increase customer acquisition and/or ensure higher levels of customer retention (Aversa: [0002]).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2019/0236527 “Bhaumik”, in view of US Pat Pub 2017/0147966 “Aversa”, in view of US Pat Pub 2019/0148170 “Hussain”, in view of US Pat Pub 2019/0147396 “Bohling”, in view of US Pat Pub 2018/0058739 “Zou”.
As per Claim 22, Bhaumik, Aversa, Hussain and Bohling fail to disclose, but Zou teaches a first package and second package, wherein the first package is coupled to a thermostat in the first location, and the first package automatically turns down the thermostat responsive to the temperature sensors detecting a temperature within the first location above a threshold temperature (Zou: [0061] In 415, the computing environment 115 may utilize data collected from the sensors 172 and 183 to determine whether a temperature of the refrigeration unit 35 has fallen below a predetermined threshold. For instance, item data 149 for an item 30 purchased in the order 109 may be accessed to identify a storage temperature for the item 30. If an internal temperature of the refrigeration unit 35 indicates that the item 30 is not being stored at the storage temperature (or within a predefined range), the process may proceed to 418 where a remedial action may be performed. Remedial actions in this instance may include, for example, adjusting temperature settings for the refrigeration unit 35 in an attempt to restore the internal temperature to the storage temperature for the item 30.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Bhaumik, Aversa, Hussain, and Bohling to include adjusting the temperature at the package when the detected temperature is above a threshold as taught by Zou, with the inventory sensing device at each container as taught by Bhaumik, Aversa, Hussain, and Bohling with the motivation of maintaining a temperature of an inventory item 30 at a predetermined temperature, such as a temperature at or below room temperature (Zou: [0018]).
Response to Arguments
35 USC 101
Applicant's arguments filed November 13, 2025 have been fully considered but they are not persuasive.
First, Applicant argues that an improvement to the technological field of improving communication between different locations associated with the inventory management. While improved communication devices can be considered a technological field, the act of communicating is NOT a technological field. Communicating can be performed by a human or using pen and paper. MPEP 2106.04(a)(2)(III)-Mental Processes states “The courts consider a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper” to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, “methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’” 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 (2012) (“‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’” (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same).”
The additional elements of flexible polymer material packages, locations, sensor devices, processors communicatively coupled to the sensor devices, storage devices, controllers, and artificial intelligence (AI) 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). Because the claims are not making an improvement to any of these computer elements, the claims are NOT found to be an improvement to a technological field, but instead, recite an improvement to the abstract idea.
Second, Applicant argues that the determined managed inventory information may be shared with a computing device at a different location and is used to inventory updates, which are indicative of integration into a practical application by sharing and requesting of inventory updates, and the learning of inventory patterns using artificial intelligence (AI) to provide an inventory recommendation. Patent Eligibility Guideline Example 47, Claim 2 explains that using an artificial neural network to detect information and analyze the detected information, encompasses mental processes practically performed in the human mind by observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III. The limitations “(a) receiving, at a computer, continuous training data” and “(f) outputting the anomaly data from the trained ANN” are mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and output, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05. This analysis is found to be analogous to the current claims.
35 USC 103
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed November 13, 2025, with respect to the rejection(s) of claim(s) 1-2, 4-5, and 21-22 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US Pat Pub 2019/0236527 “Bhaumik”, in view of US Pat Pub 2017/0147966 “Aversa”, in view of US Pat Pub 2019/0148170 “Hussain”, in view of US Pat Pub 2019/0147396 “Bohling”, in view of US Pat Pub 2018/0058739 “Zou”.
Conclusion
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 REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
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, 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.
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.
/REVA R MOORE/Examiner, Art Unit 3627
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627