DETAILED ACTION
Status of Claims
Claims 1 and 8-16 submitted on 07/31/2025 are pending and have been examined. Claims 1, 10-13, 15, and 16 have been amended. Claims 2-7 have been cancelled.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for National Stage entry from a PCT application under 35
U.S.C. 371. The certified copy has been filed in parent Application No. PCT/JP2021/035769, filed on
09/29/2021.
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 and 8-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. The claims recite an abstract idea. This judicial exception is not integrated into a practical application. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Step 1
Claims 1 and 8-14 are directed to a machine, claim 15 is directed to a process, and claim 16 is directed to an article of manufacture (see MPEP 2106.03).
Step 2A, Prong 1
Claim 1, taken as representative, recites at least the following limitations that recite an abstract idea:
a reporting system comprising:
acquire a customer image obtained by capturing an image of a customer in a shop;
estimate an age of the customer from the customer image;
detect an action related to retrieval of an age-restricted product from a fixture displaying the age-restricted product in the shop, by at least one of:
analyzing image data of a posture of the customer around the fixture to detect a movement of the customer reaching into the fixture or a movement of the age-restricted product,
processing an output of a door of the fixture that displays the age-restricted product to detect an opening action of the door, and
processing an output that detects pressure received from the age-restricted product to detect a change in pressure on a display position of the age-restricted product;
determine that the age-restricted product has been retrieved from the fixture when at least one of:
the image data shows the age-restricted product being removed from the display position,
the opening/closing sensor indicated that the door has been opened, and
the pressure sensor indicates a decrease in pressure at the display position of the age-restricted product; and
report, depending on whether or not the estimated age of the customer satisfies a purchase target age, the retrieval of the age-restricted product by the customer based on the estimated age of the customer and a result of detecting the action.
The above limitation, under its broadest reasonable interpretation, falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106.04(a)(2)(II), in that it recites a commercial interaction. Claims 15 and 16 recites similar limitations as claim 1.
Thus, under Prong 1 of Step 2A, claims 1, 15, and 16 recite an abstract idea.
Step 2A, Prong 2
Claim 1 includes the following additional elements that are bolded:
a reporting system comprising:
at least one memory configured to store instructions; and
at least one processor configured to execute the instructions to:
acquire a customer image obtained by capturing an image of a customer in a shop;
estimate an age of the customer from the customer image;
detect an action related to retrieval of an age-restricted product from a fixture displaying the age-restricted product in the shop, by at least one of:
analyzing image data captured by a camera that captures image data of a posture of the customer around the fixture to detect a movement of the customer reaching into the fixture or a movement of the age-restricted product,
processing an output of at least one of an opening/closing sensor of a door of the fixture that displays the age-restricted product to detect an opening action of the door, and
processing an output of a pressure sensor provided in the fixture that detects pressure received from the age-restricted product to detect a change in pressure on a display position of the age-restricted product;
determine that the age-restricted product has been retrieved from the fixture when at least one of:
the image data shows the age-restricted product being removed from the display position,
the opening/closing sensor indicated that the door has been opened, and
the pressure sensor indicates a decrease in pressure at the display position of the age-restricted product; and
report, by controlling a loudspeaker mounted on or near the fixture to output different notification sounds in the shop depending on whether or not the estimated age of the customer satisfies a purchase target age, the retrieval of the age-restricted product by the customer based on the estimated age of the customer and a result of detecting the action.
Claim 15 includes the same additional elements as claim 1.
Claim 16 includes the same additional elements as claim 1. In addition, claim 16 includes additional elements such as a non-transitory recording medium that records a program for causing a computer to execute.
The additional elements recited in claims 1, 15, and 16 merely invoke such elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment of sensors, cameras and computers (see MPEP 2106.05(f) and MPEP 2106.05(h). These additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration (see Fig. 6 and ¶0073).
As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the additional elements do not integrate the judicial exception into a practical application and, thus, claims 1, 15, and 16 are directed to an abstract idea.
Step 2B
As noted above, while the recitation of the additional elements in independent claims 1, 15, and 16 are acknowledged, claims 1, 15, and 16 merely invoke such additional elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment (see MPEP 2106.05(f) and MPEP 2106.05(h)).
Even when considered as an ordered combination, the additional elements of claim 1, 15, and 16 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1, 15, and 16 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (see MPEP 2106.05).
As such, independent claims 1, 15, and 16 are ineligible.
Dependent claims 8-12 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 8-12 merely further define the abstract limitations of claims 1, 15, and 16 or provide further embellishments of the limitations recited in independent claims 1, 15, and 16. Claims 8-12 do not introduce any further additional elements. Thus, dependent claims 8-12 are ineligible.
Furthermore, it is noted that certain dependent claims recite additional elements supplemental to those recited in independent claims 1, 15, and 16: device (claim 13), and terminal (claim 14). However, these elements do not integrate the abstract idea into a practical application because they merely amount to using a computer to apply the abstract idea to a particular technological environment or field of use and thus do not act to integrate the abstract idea into a practical application of the abstract idea. Additionally, the additional elements do not amount to significantly more because they merely amount to using a computer to apply the abstract idea and amount to no more than a general link of the use of the abstract idea to a particular technological environment.
Thus, dependent claims 13 and 14 are ineligible.
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, 8, 10, 11, 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garcia et al. (US 2021/0117656 A1 [previously cited]) in view of Yamato et al. (US 2021/0134103 A1 [previously cited]) in further view of Powell et al. (US 2016/0275284 A1).
Regarding Claim 1, Garcia discloses a reporting system comprising (Fig. 1; Abstract):
at least one memory configured to store instructions (¶0026[a computer program product comprising computer-executable code embodied on a computer-readable storage medium]); and
at least one processor configured to execute the instructions to (¶0026[executed by one or more processing units to perform any of the steps disclosed herein.]):
acquire a customer image obtained by capturing an image of a customer in a shop (Fig. 1; ¶0038[A camera 121 is provided (mounted on the self-checkout 120 in this example) for capturing an image of the customer 110. For example, the camera 121 may be arranged to capture images of the face of the customer 110. One or more captured images captured by the camera 121 may be a static image or a video image. In either case, at least one captured image is used to perform an age detection process]);
estimate an age of the customer from the customer image (Fig. 2; ¶0043[The age detection module 210 is configured to receive image data of the at least one image and perform an age detection process on the at least one image to determine an estimated age of the customer 110.]);
detect an action related to retrieval of an age-restricted product from a fixture that scans the age-restricted product in the shop, by at least one of (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.] in view of ¶0031[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process.]; Examiner notes that scanning and adding of an item is comparable to detecting retrieval of that item):
analyzing image data captured by a camera that captures image data of a posture of the customer around the fixture to detect a movement of the customer reaching into the fixture or a movement of the age-restricted product,
processing an output of at least one of an sensor of the fixture that the age-restricted product (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.]), and
processing an output of a pressure sensor provided in the fixture that detects pressure data received from the age-restricted product to detect a change in pressure on a display position of the age-restricted product;
determine that the age-restricted product has been retrieved from the fixture when at least one of (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.] in view of ¶¶0031-0033[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process... a camera mounted at or on a computer terminal may capture an image of a person attempting to purchase an age-restricted product]; Examiner notes that scanning and adding of an item is comparable to detecting the action of a customer and a retrieval sensor provided in the fixture):
the image data shows the age-restricted product being removed from the display position,
the sensor indicated (Fig. 1; ¶¶0031-0033), and
the pressure sensor indicates a decrease in pressure at the display position of the age-restricted product; and
report, notification sounds in the shop depending on whether or not the estimated age of the customer satisfies a purchase target age, the retrieval of the age-restricted product by the customer based on the estimated age of the customer and a result of detecting the action (Fig. 2; ¶¶0052-0062[The output module 140 receives both the estimated age from the age detection module 210 and the liveness indication from the liveness detection module 220… Firstly, the output module 140 compares the estimated age with a threshold age and determines, therefrom, if the customer 110 is younger than the threshold age… That is, the customer 110 may or may not be old enough… this means that the customer 110 may or may not be legally allowed to purchase the item, and so further verification is required… The output module 140 may generate an alert (e.g. via a visual or auditory alarm) in response to determining that further verification is required]; Examiner notes that generating an alert is comparable to reporting retrieval).
Although Garcia discloses detecting a retrieval of an item, Garcia does not explicitly disclose a fixture that is displaying the item.
However, Yamato et al., hereinafter, Yamato, teaches a fixture that displays products (Fig. 2[element 13]; ¶0031[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1.]).
Although Garcia discloses processing an output of a sensor, Garcia does not explicitly disclose an opening/closing sensor of a door of a fixture that displays a product to detect an opening action of the door.
However, Yamato teaches a fixture that displays products and an opening and closing sensor of a door (Fig. 2[element 13]; ¶¶0031-0033[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1… The door open/close detection sensor 18a is configured to detect opening/closing of the door 12 of the vending machine 1.]).
Although Garcia discloses a sensor indicating information, Garcia does not explicitly disclose the opening/closing sensor indicating that the door has been opened.
However, Yamato teaches a fixture that displays products and an opening and closing sensor of a door (Fig. 2[element 13]; ¶¶0031-0033[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1… The door open/close detection sensor 18a is configured to detect opening/closing of the door 12 of the vending machine 1.]).
The system of Yamato is applicable to the system of Garcia as they share characteristics and capabilities, namely, they are both targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fixture that scans an age-restricted product and image acquisition as disclosed by Garcia to include an opening/closing sensor of a door of a container that displays products as taught by Yamato. One of ordinary skill in the art would have been motivated to expand the system of Garcia in order to safely complete the settlement process and to flexibly cope with a case that, for example, the user temporarily moves away (¶0074).
Although Garcia discloses reporting retrieval of items, Garcia in view of Yamato does not explicitly teach reporting by controlling a loudspeaker mounted on or near the fixture to output different sounds.
However, Powell et al., hereinafter, Powell, teaches a speaker mounted on a fixture to output different sounds based on verification (Fig. 1; ¶0094[If the ID card has not expired, the barcode reader 13 verifies the age of the individual at step 612… The different signals (the approve signal, the deny signal, and the signal requesting manual entry of date of birth information) may be rendered by different sound patterns or indication lights.]).
The system of Powell is applicable to the system of Garcia in view of Yamato as they share characteristics and capabilities, namely, they are both targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the reporting of the retrieval of items as taught by Garcia in view of Yamato to include a speaker that outputs different sounds depending on the verification results as taught by Powell. One of ordinary skill in the art would have been motivated to expand the system of Garcia in view of Yamato in order to verify an age of the individual from the date of birth information, and provide either: an approve signal if it is verified that the age of the individual is greater than a high threshold; or a deny signal if it is verified that the age of the individual is less than a low threshold, the low threshold being distinct from, and less than, the high threshold (¶0003).
Regarding Claim 8, Garcia in view of Yamato in further view of Powell teaches the reporting system according to claim 1, Garcia further discloses wherein the at least one processor is further configured to execute the instructions to:
display information regarding the retrieval of the age-restricted product by the customer (¶0062[The output module 140 may generate an alert (e.g. via a visual or auditory alarm) in response to determining that further verification is required. For example, the alert may be to an employee of the retailer to perform a manual age verification process, e.g. by checking a photographic identity card of the customer 110.] in view of ¶¶0036-0037 which discloses retrieving a product).
Regarding Claim 10, Garcia in view of Yamato in further view of Powell teaches the reporting system according to claim 8, Garcia further discloses wherein
information regarding the retrieval of the age-restricted product include the image of the customer performing the retrieval (Figs. 1 and 2; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so] in view of ¶¶0031-0033[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process… a camera mounted at or on a computer terminal may capture an image of a person attempting to purchase an age-restricted product.]).
Regarding Claim 11, Garcia in view of Yamato in further view of Powell teaches the reporting system according to claim 8, Garcia further discloses wherein
information regarding the retrieval of the age-restricted product include the estimated age of the customer who has performed the retrieval (Figs. 1 and 2; ¶¶0038-0043[A camera 121 is provided (mounted on the self-checkout 120 in this example) for capturing an image of the customer 110. For example, the camera 121 may be arranged to capture images of the face of the customer 110… The age detection module 210 is configured to receive image data of the at least one image and perform an age detection process on the at least one image to determine an estimated age of the customer 110… the age detection module 210 generates, using the age detection process, an estimated age for the customer 110. The estimated age may be associated with an error value, e.g. “22 years old±2 years”]).
Regarding Claim 13, Garcia in view of Yamato in further view of Powell teaches the reporting system according to claim 1, Garcia further discloses wherein the at least one processor is further configured to execute the instructions to:
cause a reporting device provided around the fixture that scans the age- restricted product to report the retrieval of the age-restricted product (Fig. 2; ¶¶0052-0062[The output module 140 receives both the estimated age from the age detection module 210 and the liveness indication from the liveness detection module 220… Firstly, the output module 140 compares the estimated age with a threshold age and determines, therefrom, if the customer 110 is younger than the threshold age… That is, the customer 110 may or may not be old enough… this means that the customer 110 may or may not be legally allowed to purchase the item, and so further verification is required… The output module 140 may generate an alert (e.g. via a visual or auditory alarm) in response to determining that further verification is required]; Examiner notes that generating an alert is comparable to reporting retrieval).
Although Garcia discloses causing a reporting device to report retrieval, Garcia does not explicitly disclose a reporting device provided around a fixture that displays a product.
However, Yamato teaches a fixture that displays products (Fig. 2[element 13]; ¶0031[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1.]).
The system of Yamato is applicable to the system of Garcia as they share characteristics and capabilities, namely, they are both targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fixture that scans an age-restricted product and image acquisition as disclosed by Garcia to include an opening/closing sensor of a door of a container that displays products as taught by Yamato. One of ordinary skill in the art would have been motivated to expand the system of Garcia in order to safely complete the settlement process and to flexibly cope with a case that, for example, the user temporarily moves away (¶0074).
Regarding Claim 14, Garcia in view of Yamato in further view of Powell teaches the reporting system according to claim 1, Garcia further discloses wherein the at least one processor is further configured to execute the instructions to:
report a terminal used by a clerk about the retrieval of the age-restricted product (Fig. 1[Examiner notes that the self-checkout terminal is comparable to a terminal used by a clerk]; ¶0062[The output module 140 may generate an alert (e.g. via a visual or auditory alarm) in response to determining that further verification is required. For example, the alert may be to an employee of the retailer to perform a manual age verification process, e.g. by checking a photographic identity card of the customer 110.]).
Regarding Claim 15, Garcia discloses a method comprising:
acquiring a customer image obtained by capturing an image of a customer in a shop (Fig. 1; ¶0038[A camera 121 is provided (mounted on the self-checkout 120 in this example) for capturing an image of the customer 110. For example, the camera 121 may be arranged to capture images of the face of the customer 110. One or more captured images captured by the camera 121 may be a static image or a video image. In either case, at least one captured image is used to perform an age detection process]);
estimating an age of the customer from the customer image (Fig. 2; ¶0043[The age detection module 210 is configured to receive image data of the at least one image and perform an age detection process on the at least one image to determine an estimated age of the customer 110.]);
detecting an action related to retrieval of an age-restricted product from a fixture that scans the age-restricted product in the shop, by at least one of (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.] in view of ¶0031[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process.]; Examiner notes that scanning and adding of an item is comparable to detecting retrieval of that item):
analyzing image data captured by a camera that captures image data of a posture of the customer around the fixture to detect a movement of the customer reaching into the fixture or a movement of an age-restricted product,
processing an output of at least one of an sensor of the fixture that an age-restricted product (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.]), and
processing an output of a pressure sensor provided in the fixture that detects pressure received from the age-restricted product to detect a change in pressure on a display position of the age-restricted product;
determining that the age-restricted product has been retrieved from the fixture when at least one of (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.] in view of ¶¶0031-0033[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process... a camera mounted at or on a computer terminal may capture an image of a person attempting to purchase an age-restricted product]; Examiner notes that scanning and adding of an item is comparable to detecting the action of a customer and a retrieval sensor provided in the fixture):
the image data shows the age-restricted product being removed from the display position,
the sensor indicated (Fig. 1; ¶¶0031-0033), and
the pressure sensor indicates a decrease in pressure at the display position of the age-restricted product; and
reporting, notification sounds in the shop depending on whether or not the estimated age of the customer satisfies a purchase target age, the retrieval of the age-restricted product by the customer based on the estimated age of the customer and a result of the detection (Fig. 2; ¶¶0052-0062[The output module 140 receives both the estimated age from the age detection module 210 and the liveness indication from the liveness detection module 220… Firstly, the output module 140 compares the estimated age with a threshold age and determines, therefrom, if the customer 110 is younger than the threshold age… That is, the customer 110 may or may not be old enough… this means that the customer 110 may or may not be legally allowed to purchase the item, and so further verification is required… The output module 140 may generate an alert (e.g. via a visual or auditory alarm) in response to determining that further verification is required]; Examiner notes that generating an alert is comparable to reporting retrieval).
Although Garcia discloses detecting a retrieval of an item, Garcia does not explicitly disclose a fixture that is displaying the item.
However, Yamato teaches a fixture that displays products (Fig. 2[element 13]; ¶0031[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1.]).
Although Garcia discloses processing an output of a sensor, Garcia does not explicitly disclose an opening/closing sensor of a door of a fixture that displays a product to detect an opening action of the door.
However, Yamato teaches a fixture that displays products and an opening and closing sensor of a door (Fig. 2[element 13]; ¶¶0031-0033[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1… The door open/close detection sensor 18a is configured to detect opening/closing of the door 12 of the vending machine 1.]).
Although Garcia discloses a sensor indicating information, Garcia does not explicitly disclose the opening/closing sensor indicating that the door has been opened.
However, Yamato teaches a fixture that displays products and an opening and closing sensor of a door (Fig. 2[element 13]; ¶¶0031-0033[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1… The door open/close detection sensor 18a is configured to detect opening/closing of the door 12 of the vending machine 1.]).
The method of Yamato is applicable to the method of Garcia as they share characteristics and capabilities, namely, they are both targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fixture that scans an age-restricted product and image acquisition as disclosed by Garcia to include an opening/closing sensor of a door of a container that displays products as taught by Yamato. One of ordinary skill in the art would have been motivated to expand the method of Garcia in order to safely complete the settlement process and to flexibly cope with a case that, for example, the user temporarily moves away (¶0074).
Although Garcia discloses reporting retrieval of items, Garcia in view of Yamato does not explicitly teach reporting by controlling a loudspeaker mounted on or near the fixture to output different sounds.
However, Powell teaches a speaker mounted on a fixture to output different sounds based on verification (Fig. 1; ¶0094[If the ID card has not expired, the barcode reader 13 verifies the age of the individual at step 612… The different signals (the approve signal, the deny signal, and the signal requesting manual entry of date of birth information) may be rendered by different sound patterns or indication lights.]).
The method of Powell is applicable to the method of Garcia in view of Yamato as they share characteristics and capabilities, namely, they are both targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the reporting of the retrieval of items as taught by Garcia in view of Yamato to include a speaker that outputs different sounds depending on the verification results as taught by Powell. One of ordinary skill in the art would have been motivated to expand the method of Garcia in view of Yamato in order to verify an age of the individual from the date of birth information, and provide either: an approve signal if it is verified that the age of the individual is greater than a high threshold; or a deny signal if it is verified that the age of the individual is less than a low threshold, the low threshold being distinct from, and less than, the high threshold (¶0003).
Regarding Claim 16, Garcia discloses a non-transitory recording medium that records a program for causing a computer to execute (Claim 19):
acquiring a customer image obtained by capturing an image of a customer in a shop (Fig. 1; ¶0038[A camera 121 is provided (mounted on the self-checkout 120 in this example) for capturing an image of the customer 110. For example, the camera 121 may be arranged to capture images of the face of the customer 110. One or more captured images captured by the camera 121 may be a static image or a video image. In either case, at least one captured image is used to perform an age detection process]);
estimating an age of the customer from the customer image (Fig. 2; ¶0043[The age detection module 210 is configured to receive image data of the at least one image and perform an age detection process on the at least one image to determine an estimated age of the customer 110.]);
detecting an action related to retrieval of an age-restricted product from a fixture that scans the age-restricted product in the shop, by at least one of (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.] in view of ¶0031[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process.]; Examiner notes that scanning and adding of an item is comparable to detecting retrieval of that item):
analyzing image data captured by a camera that captures image data of a posture of the customer around the fixture to detect a movement of the customer reaching into the fixture or a movement of an age-restricted product,
processing an output of at least one of an sensor of the fixture that an age-restricted product (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.]), and
processing an output of a pressure sensor provided in the fixture that detects pressure received from the age-restricted product to detect a change in pressure on a display position of the age-restricted product;
determining that the age-restricted product has been retrieved from the fixture when at least one of (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.] in view of ¶¶0031-0033[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process... a camera mounted at or on a computer terminal may capture an image of a person attempting to purchase an age-restricted product]; Examiner notes that scanning and adding of an item is comparable to detecting the action of a customer and a retrieval sensor provided in the fixture):
the image data shows the age-restricted product being removed from the display position,
the sensor indicated (Fig. 1; ¶¶0031-0033), and
the pressure sensor indicates a decrease in pressure at the display position of the age-restricted product; and
reporting, notification sounds in the shop depending on whether or not the estimated age of the customer satisfies a purchase target age, the retrieval of the age-restricted product by the customer based on the estimated age of the customer and a result of detecting the action (Fig. 2; ¶¶0052-0062[The output module 140 receives both the estimated age from the age detection module 210 and the liveness indication from the liveness detection module 220… Firstly, the output module 140 compares the estimated age with a threshold age and determines, therefrom, if the customer 110 is younger than the threshold age… That is, the customer 110 may or may not be old enough… this means that the customer 110 may or may not be legally allowed to purchase the item, and so further verification is required… The output module 140 may generate an alert (e.g. via a visual or auditory alarm) in response to determining that further verification is required]; Examiner notes that generating an alert is comparable to reporting retrieval).
Although Garcia discloses detecting a retrieval of an item, Garcia does not explicitly disclose a fixture that is displaying the item.
However, Yamato teaches a fixture that displays products (Fig. 2[element 13]; ¶0031[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1.]).
Although Garcia discloses processing an output of a sensor, Garcia does not explicitly disclose an opening/closing sensor of a door of a fixture that displays a product to detect an opening action of the door.
However, Yamato teaches a fixture that displays products and an opening and closing sensor of a door (Fig. 2[element 13]; ¶¶0031-0033[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1… The door open/close detection sensor 18a is configured to detect opening/closing of the door 12 of the vending machine 1.]).
Although Garcia discloses a sensor indicating information, Garcia does not explicitly disclose the opening/closing sensor indicating that the door has been opened.
However, Yamato teaches a fixture that displays products and an opening and closing sensor of a door (Fig. 2[element 13]; ¶¶0031-0033[The display 15 is mounted to, for example, an inside (e.g., a glass surface) of the door 12 of the vending machine 1. The display 15 is configured to display a name, a sales price, and others of the product picked up by the user from the storing chamber 13. Incidentally, while not illustrated, the vending machine 1 may include, outside the door 12, a display or the like to display a two-dimensional code such as a QR code (registered trademark) having a vending machine ID (identification information of the vending machine 1) of the vending machine 1… The door open/close detection sensor 18a is configured to detect opening/closing of the door 12 of the vending machine 1.]).
The system of Yamato is applicable to the system of Garcia as they share characteristics and capabilities, namely, they are both targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fixture that scans an age-restricted product and image acquisition as disclosed by Garcia to include an opening/closing sensor of a door of a container that displays products as taught by Yamato. One of ordinary skill in the art would have been motivated to expand the system of Garcia in order to safely complete the settlement process and to flexibly cope with a case that, for example, the user temporarily moves away (¶0074).
Although Garcia discloses reporting retrieval of items, Garcia in view of Yamato does not explicitly teach reporting by controlling a loudspeaker mounted on or near the fixture to output different sounds.
However, Powell teaches a speaker mounted on a fixture to output different sounds based on verification (Fig. 1; ¶0094[If the ID card has not expired, the barcode reader 13 verifies the age of the individual at step 612… The different signals (the approve signal, the deny signal, and the signal requesting manual entry of date of birth information) may be rendered by different sound patterns or indication lights.]).
The system of Powell is applicable to the system of Garcia in view of Yamato as they share characteristics and capabilities, namely, they are both targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the reporting of the retrieval of items as taught by Garcia in view of Yamato to include a speaker that outputs different sounds depending on the verification results as taught by Powell. One of ordinary skill in the art would have been motivated to expand the system of Garcia in view of Yamato in order to verify an age of the individual from the date of birth information, and provide either: an approve signal if it is verified that the age of the individual is greater than a high threshold; or a deny signal if it is verified that the age of the individual is less than a low threshold, the low threshold being distinct from, and less than, the high threshold (¶0003).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garcia in view of Yamato in view of Powell in further view of Fujimoto et al. (US 6,856,966 B1 [previously cited]).
Regarding Claim 9, Garcia in view of Yamato in further view of Powell teaches the reporting system according to claim 8, Garcia further discloses wherein
information regarding the retrieval of the age-restricted product include the retrieval (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.] in view of ¶0031[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process.]; Examiner notes that scanning and adding of an item is comparable to retrieval of that item).
Although Garcia discloses information regarding the retrieval of an age-restricted product, Garcia in view of Yamato in view of Powell does not explicitly teach the retrieval including a time of the retrieval.
However, Fujimoto et al., hereinafter, Fujimoto, teaches a time of purchase (Col. 5, lines 40-50[the purchase history data includes data representing a title of the product, a price of the product, a name of a shop at which a purchaser has bought the product (namely, a name of a shop that has sold the product), a date and time at which the product is purchased, and the number of a write machine.]).
The system of Fujimoto is applicable to the system of Garcia in view of Yamato in view of Powell as they share characteristics and capabilities, namely, they are all targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the information regarding an age-restricted product as taught by Garcia in view of Yamato in view of Powell to include an information regarding a time of the retrieval as taught by Fujimoto. One of ordinary skill in the art would have been motivated to expand the system of Garcia in view of Yamato in view of Powell so that products can be delivered more safely (Col. 5, lines 50-60).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garcia in view of Yamato in view of Powell in further view of Patel et al. (US 2021/0232811 A1 [previously cited]).
Regarding Claim 12, Garcia in view of Yamato in further view of Powell teaches the reporting system according to claim 8, Garcia further discloses wherein the at least one processor is further configured to execute the instructions to:
detect the retrieval of the age-restricted product (Fig. 1; ¶0031), and wherein
information regarding the retrieval include the age-restricted product retrieved (Fig. 1; ¶¶0036-0037[The product 130 in this example is an age-restricted product such as alcohol, tobacco, etc. meaning that the retailer must verify that the customer 110 is old enough to purchase the product 130 before allowing the customer 110 to do so… The self-checkout 120 may be provided with a touchscreen 122 as shown in FIG. 1 which allows the customer 110 to interact with the self-checkout 120. A scanner is also provided (not shown in FIG. 1) to allow the customer 110 to scan products to add them to a shopping basket, as known in the art.] in view of ¶0031[if one or more of the products is an age-restricted product, the self-checkout will identify this when the product is scanned and prompt the customer to participate in an automated age-verification process.]; Examiner notes according to ¶0028 of the instant specification, The reporting device may be a terminal).
Although Garcia discloses detecting the retrieval of a product, and information regarding the retrieval, Garcia in view of Yamato in view of Powell does not explicitly teach detecting movement of the age-restricted product accompanying the retrieval and information specifying the product.
However, Patel et al., hereinafter, Patel, teaches detecting a movement of a product accompanying retrieval and information specifying the product (Figs. 1-3; ¶¶0085-0087[At S412, processing system 112 tracks the one or more products 108 detected and identified at S406. In one example, such tracking may be based on building a visual model (e.g., a 2-dimensional model) of the one or more products detected and identified at S406. Such tracking may be performed in real-time for purposes of determining whether the one or more products will ultimately be purchased by user 102 or not. Furthermore, the visual model is not necessarily limited to a 2-dimensional model but can be a 3-dimensional model, a 1-dimensional model such as a visual pointer or identifier for the corresponding product, etc... Such calibration is important in order to harmonize and create consensus among captured images of the one or more products 108 by all relevant cameras 110, which is needed to determine a sequence of events (movement of the one or more products 108) throughout facility 100)]).
The system of Patel is applicable to the system of Garcia in view of Yamato in further view of Powell as they share characteristics and capabilities, namely, they are all targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the self-checkout system as taught by Garcia in view of Yamato in further view of Powell to include detecting a movement of a customer or a movement of a product as taught by Patel. One of ordinary skill in the art would have been motivated to expand the system of Garcia in view of Yamato in further view of Powell to improve the time consuming and costly adjudication process (¶0130).
Response to Arguments
Applicant’s arguments on pages 8-10 of the remarks filed 07/31/2025, with respect to the previous 35 USC § 101 rejections have been fully considered but are not persuasive.
Applicant argues on pages 8-9 of the remarks that the claims integrate the abstract idea into a practical application. Examiner respectfully disagrees. According to the MPEP 2106.04(II)(a)(2), Examiner will evaluate whether the claim as a whole integrates the exception into a practical application of that exception. If the additional elements in the claim integrate the recited exception into a practical application of the exception, then the claim is not directed to the judicial exception. Reporting, depending on whether or not the estimated age of the customer satisfies a purchase target age, the retrieval of the product by the customer based on the estimated age of the customer and a result of detecting the action are all part of the abstract idea. Mere execution of the abstract idea on generic loudspeakers and computers does not make a claim eligible according to the MPEP 2106(a)(2)(III)(c). These components are described as generic and at a high level in the instant specification, see Figs. 3 and 6, and ¶0027.
Applicant argues on pages 9-10 of the remarks that the claims provide a technological improvement. Examiner respectfully disagrees. The additional elements of Applicant’s claims do not pertain to an improvement to the functioning of a computer or to another technology (see MPEP 2106.04(a) and 2106.05(a)). The argued additional components of the “door open/close sensors”, “pressure sensors”, “imaging cameras”, and a “speaker” are generic and high-level and are described as such in the instant specification, see Figs. 1, 3, and 6, and ¶0027, ¶0047, and ¶0073. The mere execution of the abstract idea on the generic computing components is not directed to improving the existing technological process requiring the generic components to operate in an unconventional manner to achieve an improvement in computer functionality or requiring the non-conventional and non-generic arrangement of known, conventional pieces to improve a technical process. The additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) applies or uses the judicial exception in some other meaningful way beyond linking the use of the judicial exception to a particular technological environment. As currently recited, the instant claims are directed to improving the argued business task of a reporting system, acquiring a customer image, estimating an age of the customer, detecting an action related to retrieval of a product, analyzing image data, processing an output of a door to detect an opening action, processing an output to detect a change in pressure, determining that a product has been retrieved, and reporting the retrieval as recited in amended claim 1 or more simply, business relations (i.e., the abstract idea).
Accordingly, Examiner maintains that the invention is directed to a judicial exception without significantly more. The claims recite an abstract idea. This judicial exception is not integrated into a practical application. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Thus the 35 USC §101 rejections are maintained.
Applicant’s arguments on pages 10-11 of the remarks filed 07/31/2025, with respect to the previous 35 USC § 102/103 rejections have been fully considered but are mostly moot in view of the new 103 rejection of the amended claims. Reference Powell has been newly applied as necessitated by the new amendments.
Applicant argues on page 10 of the remarks that reference Garcia does not disclose “… report, by controlling a loudspeaker mounted on or near the fixture to output different notification sounds in the shop depending on whether or not the estimated age of the customer satisfies a purchase target age, the retrieval of the age-restricted product by the customer based on the estimated age of the customer and a result of detecting the action.” Examiner respectfully disagrees. Garcia ¶¶0052-0062 discloses an output module that receives an estimated age which then subsequently compares the estimated age of the customer with a threshold for the item and determines if the customer meets that threshold. Furthermore, Garcia discloses that the output module may “generate an alert (e.g., via a visual or auditory alarm” in response to determining that the estimated age is below the threshold in ¶0062. Examiner notes that auditory alarms are comparable to notification sounds and that the aforementioned system is comparable to report, notification sounds in the shop depending on whether or not the estimated age of the customer satisfies a purchase target age, the retrieval of the age-restricted product by the customer based on the estimated age of the customer and a result of detecting the action.
As noted previously, Garcia does not explicitly disclose, report “by controlling a loudspeaker mounted on or near the fixture to output different” notification sounds. However, the newly cited reference Powell teaches a speaker mounted on a fixture to output different sounds based on verification results. Fig. 1 and ¶0094 of Powell teach that different signals are rendered by different sound patterns which is comparable to controlling a loudspeaker to output different sounds. The system of Powell is applicable to the system of Garcia as they share characteristics and capabilities, namely, they are both targeted to tracking customers and their actions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the reporting of the retrieval of items as disclosed by Garcia to include a speaker that outputs different sounds depending on the verification results as taught by Powell.
Accordingly, references Garcia, Yamato, Fujimoto, and Patel have been maintained and reference Powell has been added in view of the claim amendments.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHOORA LADONI whose email is Ahoora.Ladoni@uspto.gov and telephone number is (703) 756-5617. The examiner can normally be reached M-F 0900–1700 ET.
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/AHOORA LADONI/ Examiner, Art Unit 3688
/VICTORIA E. FRUNZI/Primary Examiner, Art Unit 3689 9/18/2025
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