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 .
Status of the Claims
This Office Action is in response to Applicants reply dated 5/13/2026. Claims 1, 10, and 14 have been amended and claims 1-20 are currently pending and being examined in this reply.
Response to Arguments
Applicants arguments regarding the 103 rejection have been considered but are moot in view of new grounds of rejection found below.
Applicant has argued that the cited references do not teach “a self-deactivating security tag…”, “transmit, via the pad…”, and “energize, via the pad….” as taught by the amended instant claims. The Examiner has provided below, Trivelpiece to teach a self checkout/kiosk that sends commands for unlocking and energizing of tags via the kiosk and MFG stations (pad), and Wike is provided to show that a pad used for deactivation of tags can be included in the kiosk for customer convenience, further provided is US 5,990,794 to Alicot which teaches combining both a deactivation coil and a transponder antenna into a pad that is used to interrogate a tag and send information to and from the tag
Applicant further argues that it is not old and well known to use a bin for placement of security type tags. The Examiner provides US 2016/0364969 A1 (¶ 0075 “The removed security tag may be placed in a collection bin for later use”) as evidence as it being old and well known in the art to use a collection bin associated with a power removal station that is integrated or coupled to a POS/Kiosk device at a retail store.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. US 2016/0351034 A1 to Trivelpiece et al. (“Trivelpiece”), in view of United States Patent Application Publication No. US 2003/0075602 A1 to Wike et al. (“Wike”), in view of Official Notice, in view of United States Patent No. 9,460,597 B1 to Clark et al. (“Clark”)
In regards to claim 1, Trivelpiece discloses the following limitations:
A self-checkout system in a retail environment, the self-checkout system comprising: a security tag self-deactivating security tag attached to a product, the self-deactivating security tag comprising an electronic article surveillance (EAS) component and a communication component; and (see at least Trivelpiece ¶ 0033: “EAS security tags 108 are securely coupled to articles (e.g., clothing, toys, and other merchandise) offered for sale by the retail store”; ¶ 0036: “the EAS security tag 108 is a self-detaching security tag which can be detached from the article 120 by a store employee, customer or other individual”; ¶ 0043, disclosing the EAS security tag 300 comprises a magnetostrictive active EAS element 320 (EAS component) and an antenna structure 306 with processing unit 304 (communication component); see also FIG. 1 and FIG. 3.)
a kiosk comprising: (Trivelpiece discloses a POS terminal 102 functioning as a self-checkout kiosk. See at least ¶ 0037: “the POS terminal 102 can include… a self-checkout kiosk.” See also ¶ 0036.)
a memory storing computer-executable instructions and at least one processor coupled with the memory and configured to: verify, via communications with a server device, payment for the product using an electronic device; and (see at least Trivelpiece ¶¶ 0038 and 0040: “Data network 200 comprises a host computing device 204 which stores data concerning at least one of merchandise identification, inventory, and pricing. A first data signal path 220 allows for two-way data communication between the host computing device 204 and the POS terminal 102”; and ¶ 0038: “the POS terminal 102 determines: (1) whether the received identifier(s) is(are) valid for an EAS security tag of the retail store; (2) whether the article has been accepted for a purchase transaction; and/or (3) whether the article has been successfully purchased.”)
transmit, via the pad, to the self-deactivating security tag, a command including an identifier of the self-deactivating security tag and/or the product, the command approving unlocking of the self-deactivating security tag; and (see at least Trivelpiece ¶¶ 0010, 0038, 0061; FIG. 5A, steps 514–524: the POS terminal transmits a detaching/deactivating signal (command) to the EAS security tag subsequent to verifying the tag identifier and purchase, the command approving unlocking of the self-deactivating tag.)
energize, via the pad, the self-deactivating security tag, wherein energy harvested during energization of the self-deactivating security tag is utilized by the self-deactivating security tag to unlock, via the pad, the security self-deactivating security tag from the product based at least in part on the command and confirmation of the payment for the product. (see at least Trivelpiece ¶¶ 0039, 0047, 0048, 0060–0062; FIG. 5A–5B, steps 504–530: the MFG station generates an inductive/magnetic field that induces current through magnetic loop 316, charging capacitor 318 (energy harvesting); upon receipt of the detaching command and confirmation of payment, the capacitor supplies stored energy to detaching unit 312 to unlock the tag from the article.)
Trivelpiece discloses MFG stations 122 that generate magnetic fields to charge the energy storage component of the EAS security tag when the tag is placed within their field (see ¶ 0039), however, Trivelpiece does not appear to specifically disclose the following limitations:
a pad for placement of security tags and products; and
The Examiner provides Wike to teach the following limitations:
a pad for placement of security tags and products; and (Wike discloses a self-checkout terminal (SCOT) comprising an EAS deactivation area or deactivator 18 provided at a set-aside shelf 34 within the SCOT. The set-aside shelf 34 is a surface — i.e., a pad — at the kiosk upon which a customer places scanned items (products with attached security tags) for deactivation of the EAS tag. See ¶ 0039: “the SCOT 12 includes… an EAS deactivation area 18.” See also ¶ 0045: “An EAS or security deactivation area, device or deactivator 18 is provided at the set-aside shelf 34. The EAS deactivation device 18 is operative to deactivate or otherwise disable EAS or security tags… The security deactivation device 18 is utilized to deactivate such electronic tags after scanning.” See also ¶ 0046 and FIG. 2.)
Further, the Examiner takes Official Notice as evidenced by US 5,990,794 to Alicot, that it is old and well known in the art to combine both a deactivation coil and a transponder antenna into a pad that is used to interrogate a tag and send information to and from the tag. See at least Alicot Figure 4 and Col. 3 ll 18-63.
The Examiner provides Clark to teach the following limitations:
a command including an identifier of the self-deactivating security tag (see at least Clark Col. 7 ll 58-65)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the self-checkout kiosk and self-detaching tag system with MFG stations as taught by Trivelpiece, the dedicated deactivation surface (pad/shelf 34) integrated into a kiosk to place tagged products for EAS deactivation as taught by Wike and the targeted tag detachment using a unique identifier as taught by Clark and the teachings of Official Notice, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
In regards to claim 2, The combination of Trivelpiece, Wike, and Official Notice disclose the following limitations:
wherein the pad is configured to energize the security tag to cause the security tag to harvest energy and unlock from the product. (Trivelpiece discloses the MFG station 122 (pad) generating an inductive/magnetic field, causing current to be induced through the magnetic loop 316 of the EAS security tag, thereby charging the internal capacitor 318 (energy harvesting). Upon receipt of the RFID detaching command, stored energy from the capacitor is used to actuate the detaching unit 312 to unlock the tag from the article. See ¶¶ 0039, 0047, 0048; FIG. 5A–5B, steps 504–530. Wike teaches that the deactivation surface/pad at the self-checkout kiosk is the area through which the EAS tag is deactivated. See ¶ 0045.)
In regards to claim 3, The combination of Trivelpiece, Wike, and Official Notice disclose the following limitations:
wherein to unlock the security tag from the product, the at least one processor is further configured to: transmit, to the security tag, a command including an identifier of the security tag and/or the product, the command causing the security tag to unlock when energized by the pad. (see at least Trivelpiece ¶¶ 0010, 0038, 0048, 0061; FIG. 5A–5B, steps 514–530. The RFID detaching/deactivating signal (command) includes identifier information and causes the EAS security tag to actuate its detaching unit (unlock) in response to the capacitor supplying energy upon being energized by the pad.)
In regards to claim 4, the combination of Trivelpiece, Wike, and Official Notice does not appear to specifically disclose the following limitations:
wherein the kiosk further comprises: a first transmitter configured to detect the security tag placed on the pad; and a second transmitter configured to transmit and receive the communications verifying the payment for the product in response to the first transmitter detecting the security tag.
The Examiner provides Clark to teach the following limitations:
wherein the kiosk further comprises: a first transmitter configured to detect the security tag placed on the pad; and a second transmitter configured to transmit and receive the communications verifying the payment for the product in response to the first transmitter detecting the security tag. (Clark discloses a self-checkout station ("SCS") comprising an RFID reader/transmitter (first transmitter) used to scan and detect the security tag attached to the product, and a separate network communications interface (second transmitter) for communicating article and payment information with the Remote Transaction Server ("RTS") 118 via a public network to verify payment, the communications to the RTS being triggered in response to the initial tag detection. See Clark, col. 4, ll. 44–65; col. 6, ll. 36–55; FIG. 1 Wike further teaches that the EAS detector is proximate the deactivation pad/set-aside shelf at the kiosk (first transmitter detecting the tag placed on the pad). See Wike ¶¶ 0043–0045.)
Therefore it would have been obvious to incorporate the two-transmitter detection and verification architecture of Clark into the combined self-checkout kiosk system of Trivelpiece, Wike, and Official Notice, since both Trivelpiece and Wike already disclose a POS/SCOT terminal communicating with a server to verify purchase, and Clark teaches that it is known and desirable to use a first transmitter to detect the tag and a separate communications interface to transmit payment verification to a server, and since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
In regards to claim 5, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
wherein the first transmitter is further configured to transmit a command to the pad to unlock the security tag in response to receipt of the communications verifying the payment for the product. (Trivelpiece discloses the POS terminal 102 sending the detaching/deactivating signal (command) to the EAS security tag after confirming successful purchase. See ¶ 0038. Clark teaches that such a command is transmitted in response to receipt of authorization confirming payment from the server. See Clark, col. 6, ll. 36–55; col. 7, ll. 11–45 (steps 224–232))
In regards to claim 6, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
further comprising the electronic device configured to: scan the security tag attached to the product; receive payment for the product; and indicate receipt of payment for the product to the server device. (Clark discloses a Mobile POS ("MPOS") device or self-checkout station that: (1) scans the security tag/product to obtain the UPC/EPC; (2) obtains payment information; and (3) communicates article and payment information to the Remote Transaction Server (RTS) 118. See Clark, col. 4, ll. 44–67; col. 5, ll. 1–16; col. 7, ll. 1–20 (steps 202–220)
Trivelpiece also discloses the POS terminal 102 performing these functions. See Trivelpiece ¶¶ 0037–0038.)
In regards to claim 7, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
wherein the at least one processor is further configured to: receive payment for the product via an electronic device. (Trivelpiece discloses the POS terminal 102 facilitating a purchase transaction including processing payment. See ¶ 0037. Clark further expressly discloses the MPOS/SCS receiving payment including card information. See Clark, col. 4, ll. 44–67; col. 5, ll. 1–16; col. 7, ll. 1–20 (steps 202–220))
In regards to claim 8, The combination of Trivelpiece, Wike, and Official Notice disclose the following limitations:
further comprising a catch bin for receiving the security tag after the security tag has been unlocked from the product. (Trivelpiece discloses that upon actuation of the detaching unit, the EAS security tag is detached from the article in a self-checkout kiosk environment. See ¶ 0062, step 532. Wike further discloses the EAS deactivation area 18 at the set-aside shelf 34 as a distinct area within the kiosk for handling deactivated tags, which corresponds to a catch bin or receptacle for receiving security tags after they have been unlocked from the product. See ¶¶ 0039, 0045–0046; FIG. 2.)
Further, the Examiner takes Official Notice as evidenced by US 2016/0364969 A1 to Casanova, that it is old and well known in the art to keep a bin/basket/bucket/drawer etc at a POS/Kiosk to hold commonly collected items. (See at least Casanova ¶ 0075 “the security tag is removed from the article that has been successfully purchased. The removed security tag may be placed in a collection bin for later use”)
In regards to claims 9, 13, and 17, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
wherein the security tag is a first security tag, the product is a first product, the communications are first communications, and the at least one processor is further configured to: determine that a second security tag attached to a second product and a third security tag attached a third product have been placed on the pad; verify, via second communications with the server device, payment for the second product and non-payment for the third product; transmit, to a second security tag attached to the second product in response to the second communications, a command including an identifier of the second security tag and/or the second product; and energize the second security tag and the third security tag, the energizing causing the second security tag to harvest energy and unlock from the second product and causing the third security tag to harvest energy and remain locked to the third product. (Clark discloses that authorization is provided for “detaching or deactivating only the security tags that are attached to the article[s]” that were successfully purchased, using an authorization code that identifies the purchased articles via their EPC. If a security tag’s EPC is not associated with a purchased article, it does not receive authorization to detach/deactivate and remains locked. See Clark, col. 4, ll. 44–67; col. 5, ll. 1–16; col. 7, ll. 1–67 (steps 202–220))
In regards to claim 10, the combination of Trivelpiece, Wike, and Official Notice discloses the following limitations:
A non-transitory computer-readable medium for managing access to a secured area, the non-transitory computer-readable medium having instructions thereon that, when executed by at least one computing device, causes the at least one computing device to perform operations comprising: verifying, by a kiosk, via communications with a server device, payment for a product scanned by an electronic device; (see at least Trivelpiece ¶¶ 0038, 0043, 0061; FIG. 5A, steps 510–518, as cited above with respect to claim 1.)
transmitting, by the kiosk, via a pad of the kiosk, to a security self-deactivating security tag attached to the product based at least in part on the verifying, a command including an identifier of the security self-deactivating security tag and/or the product, the command approving unlocking of the security self-deactivating security tag; and (see at least Trivelpiece ¶¶ 0010, 0038, 0061; FIG. 5A, steps 514–524, as cited above with respect to claim 1; Wike ¶¶ 0039, 0045–0046 for the pad/deactivation surface of the kiosk.)
energizing, by the kiosk, via the pad, the self-deactivating security tag, wherein energy harvested during energization of the self-deactivating security tag is utilized by the self- deactivating security tag to unlocking, by the kiosk, the security tag the self-deactivating security tag from the product based at least in part on the command and confirmation of the payment for the product. (see at least Trivelpiece ¶¶ 0039, 0047, 0048, 0060–0062; FIG. 5A–5B, steps 504–530, as cited above with respect to claim 1; Wike ¶¶ 0039, 0045–0046 for the pad/deactivation surface.)
Further, the Examiner takes Official Notice as evidenced by US 5,990,794 to Alicot, that it is old and well known in the art to combine both a deactivation coil and a transponder antenna into a pad that is used to interrogate a tag and send information to and from the tag. See at least Alicot Figure 4 and Col. 3 ll 18-63.
The Examiner provides Clark to teach the following limitations:
a command including an identifier of the self-deactivating security tag (see at least Clark Col. 7 ll 58-65)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the self-checkout kiosk and self-detaching tag system with MFG stations as taught by Trivelpiece, the dedicated deactivation surface (pad/shelf 34) integrated into a kiosk to place tagged products for EAS deactivation as taught by Wike and the targeted tag detachment using a unique identifier as taught by Clark and the teachings of Official Notice, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
In regards to claim 11, the combination of Trivelpiece, Wike, and Official Notice disclose the following limitations:
wherein unlocking the security tag comprises: energizing the security tag in response to the verifying, wherein energy harvested during energization of the security tag is utilized by the security tag to unlock the security tag from the product based at least in part on the command. (see at least Trivelpiece ¶¶ 0039, 0047, 0048, 0060–0062; FIG. 5A–5B, steps 504–530, as cited above with respect to claims 1 and 2.)
In regards to claim 12, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
wherein the operations further comprise: detecting, via a first transmitter of the kiosk, that the security tag has been placed on a pad of the kiosk; and transmitting and receiving, via a second transmitter of the kiosk, the communications verifying the payment for the product in response to first transmitter detecting the security tag. (see at least Clark, col. 4, ll. 44–65; col. 6, ll. 36–55; FIG. 1; Trivelpiece ¶¶ 0038, 0040; Wike ¶¶ 0043–0045)
In regards to claim 14, Trivelpiece discloses the following limitations:
A method for self-checkout for a user within a retail environment, the method comprising: scanning, by an electronic device, a product attached to a self-deactivating security tag, the self-deactivating security tag comprising an electronic article surveillance (EAS) component and a communication component; (see at least Trivelpiece ¶¶ 0038, 0043, 0061; FIG. 5A, steps 510–518)
receiving payment for the product via the electronic device; and (see at least Trivelpiece ¶¶ 0037–0038; FIG. 2)
transmitting, to the self-deactivating security tag, a command including an identifier of the self-deactivating security tag and/or the product, the command approving unlocking of the self- deactivating security tag; and (see at least Trivelpiece ¶¶ 0010, 0038, 0061; FIG. 5A–5B, steps 514–524)
energizing the self-deactivating security tag in response to verification of the payment of the product associated with the self-deactivating security tag wherein energy harvested during energization is utilized by the self-deactivating security tag to unlock the self-deactivating security tag from the product based at least in part on the command. (see at least Trivelpiece ¶¶ 0039, 0047, 0048, 0060–0062; FIG. 5A–5B, steps 504–530)
The Examiner provides Clark to teach the following limitations:
a command including an identifier of the self-deactivating security tag (see at least Clark Col. 7 ll 58-65)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the self-checkout kiosk and self-detaching tag system with MFG stations as taught by Trivelpiece, the dedicated deactivation surface (pad/shelf 34) integrated into a kiosk to place tagged products for EAS deactivation as taught by Wike and the targeted tag detachment using a unique identifier as taught by Clark and the teachings of Official Notice, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
In regards to claim 15, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
further comprising: sending, to a server device, identification information identifying the product; and receiving, from the server device, the verification of the payment of the product. (Clark discloses sending product identification information (UPC/EPC) to the Remote Transaction Server (RTS) 118 and receiving a response from the RTS authorizing detachment. See Clark, col. 5, ll. 1–16; col. 7, ll. 34–47 (steps 204–220, communicating UPC/EPC to purchase sub-system 116 and authorization sub-system 114))
In regards to claim 16, Trivelpiece discloses the following limitations:
further comprising: transmitting a command including an identifier of the security tag and/or the product, the command causing the security tag to unlock in response to being energized. (see at least Trivelpiece ¶¶ 0010, 0028, 0048, 0061–0062; FIG. 5B, steps 524–530)
In regards to claim 18, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
wherein energizing the security tag in response to verification of the payment for the product associated with the security tag comprises energizing the security tag via the electronic device. (Trivelpiece discloses that the POS terminal 102 can be “a Mobile Point Of Sale (‘MPOS’) checkout device (e.g., a software application running on a smart phone),” i.e., a mobile electronic device that itself provides the energizing field. See ¶ 0037)
In regards to claim 19, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
wherein energizing the security tag in response to verification of the payment for the product associated with the security tag comprises energizing the security tag via a kiosk device. (Trivelpiece discloses the self-checkout kiosk embodiment in which the MFG station 122 associated with the kiosk/POS terminal 102 energizes the tag. See ¶¶ 0036–0037, 0039. See also Wike ¶¶ 0039, 0045–0046.)
In regards to claim 20, The combination of Trivelpiece, Wike, Official Notice, and Clark discloses the following limitations:
further comprising: detecting, via a first transmitter of the kiosk, the security tag being placed on a pad of the kiosk; and transmitting and receiving, via a second transmitter, communications verifying the payment for the product in response to the first transmitter detecting the security tag. (see at least Clark, col. 4, ll. 44–65; col. 6, ll. 36–55; FIG. 1; Trivelpiece ¶¶ 0038, 0040; Wike ¶¶ 0043–0045)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOSEPH M MUTSCHLER whose telephone number is (313)446-6603. The examiner can normally be reached 0600-1430.
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, Florian Zeender can be reached at (571)272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M MUTSCHLER/ Examiner, Art Unit 3627
/A. Hunter Wilder/ Primary Examiner, Art Unit 3627
Prosecution Insights