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 .
Claim Objections
Claims 41 and 48 is objected to because of the following informalities:
Claim 41 – Please change the phrase “the first level sensors comprises” to “the first level sensor comprises.”
Claim 48 – In the second element, please amend the language to read “the load volume comprises a first-level sensor.”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 38-42, 44, 45, and 48-57 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Millhouse (US 20190195695 A1).
Regarding Claims 38 and 48, Millhouse discloses a system (and corresponding computer-implemented method) for monitoring a load of perishable products [Abstract – “Described in detail herein is a system for the detection and notification of abnormal pallet temperature fluctuation. An exemplary system includes a pallet, an ambient air temperature sensor, an item temperature sensor, an indicator light, and an electronic device. The electronic device receives temperature readings from both the ambient air temperature sensor and the item temperature sensor and compares the temperature readings against a known set of temperature thresholds corresponding to the items on the pallet.”], the load comprising a plurality of products in respective packages [Paragraph [0023] – “Alternatively, the temperature reading may be taken from an item temperature sensor located internally to the packaging of an item or internal to the item itself.”], the load being located in a load volume of a storage unit [The area of and around the plurality of items on the pallet comprising a “load volume.” See the language “a cold room when the pallet is being stored” in Paragraph [0022].] or of a conveyor, wherein:
the load volume comprises a first level sensor configured to detect a first parameter relative to an environment of the load volume [Paragraph [0016] – “Also associated with the pallet 108 is an ambient air temperature sensor 106. The ambient air temperature sensor 106 may be affixed to the pallet 108 in a manner that allows it to monitor the temperature of the ambient air surrounding the pallet, which may be different from the temperature of the item 102. Alternatively, the air temperature sensor 106 may be physically separate but located so as to monitor the temperature of the ambient air surrounding the pallet 108.”],
the load volume comprises subgroups of the plurality of products present in the load volume, wherein each of the subgroups comprises products which represent a fraction of the plurality of products in the load volume [Paragraph [0024] – “The set of thresholds may be included in an item database or multiple databases that include all products applicable to be shipped in the items. Each entry in the database may include an item identifier as well as information regarding the item dimensions, item description, and corresponding temperature thresholds at which a user may be notified to take action.”Paragraph [0034] – “The alert 424 may include the relevant escalation level, affected item descriptions, containing pallet location, and steps to remedy. Steps to remedy may include instructions to the recipient to move the pallet to a more suitable area or discard products or items off the pallet.”Different types of items are present and individually tracked by item temperature sensor 104.],
each of the respective packages is associated with a second level sensor configured to sense an alteration of a second parameter relative to an environment adjacent to or inside of the respective package [Paragraph [0015] – “Associated with the item 102 is an item temperature sensor 104. The item temperature sensor 104 may be affixed to, or otherwise in contact with the item 102. The affixation/contact may be internal to the item itself or to the item 102 packaging.”];
the system comprises a controller [Fig. 1 – electronic device 116] configured to execute a first level procedure [Paragraph [0021] – “FIG. 3 is a flow chart 300 illustrating a process for the detection and notification of abnormal pallet temperature fluctuation according to an exemplary embodiment.”], wherein, during execution of the first level procedure, the controller causes the system to:
determine, based on signals emitted by the first level sensor, values of the first parameter over time based on detections of the first parameter by the first level sensor [Paragraph [0022] – “The sequence begins at block 302 as a first temperature value is received from the ambient air temperature sensor 106. The first temperature value may be periodically received based on a schedule or randomly. In one embodiment, the first temperature value is received following a request from the electronic device 116 to the ambient air temperature sensor 106. In another embodiment, the first temperature value is received by the electronic device 116 based on the data being sent by the ambient air temperature sensor 106 without a request.”],
determine whether the values of the first parameter comply with a predetermined first level acceptability criterion [Paragraph [0024] – “At block 306, a set of threshold values is retrieved for the items on the pallet. The set of threshold values may correspond to varying degrees of spoilage for the items.”Paragraph [0025] – “At block 308, the set of threshold values for an item is compared to the first temperature value and the second temperature value.”], and
if the values of the first parameter comply with the predetermined first level acceptability criterion [Paragraph [0027] – “At block 312, an alert is transmitted based on the applying of the set of escalation rules. As mentioned above in describing the escalation rules, an alert may take various forms based on which escalation rule is applied. In one embodiment, any level of alert may include an intuitive display of lights by the indicator light 112. For example, no alert may include the display of a solid non-flashing green light indicating no temperature fluctuation over a threshold.”], repeat the execution of the first level procedure [It is inherent that the monitoring continues in this scenario, Paragraph [0022] – “The first temperature value may be periodically received based on a schedule or randomly.”];
wherein the controller is further configured to execute a second level procedure if the values of the first parameter do not comply with the predetermined first level acceptability criterion [Paragraph [0025] – “The threshold values may take a number of forms. For example, the threshold values may include an ambient air temperature threshold and an item temperature threshold. A threshold may be provided with respect to both types of values (e.g. if the ambient air temperature is x then the item temperature must be at least y or the two temperature values cannot be separated by more than x degrees). There may be a number of different thresholds for each item with each threshold associated with an escalation rule indicating an action to be taken in the event the threshold is met or exceeded. For example, a dairy item may have a first temperature value of 30 degrees Fahrenheit, which is associated with the item temperature threshold. The dairy item may also have a second temperature value of 40 degrees Fahrenheit, which is associated with the ambient air temperature. In this example, a crossing of the second temperature value corresponding to ambient air temperature would be worrisome, but not catastrophic. If not the ambient air temperature is not addressed, the first temperature value associated to the item temperature may rise to the point of crossing the threshold. As this value is associated with the item, the crossing of this threshold is more serious.”], wherein, during execution of the second level procedure, the controller causes the system to:
determine, based at least in part on indications relative to the alteration of the second parameter present in each respective subgroup detected by the second level sensor, which subgroups comply with a predetermined second level acceptability criterion [Paragraph [0025] – “The threshold values may take a number of forms. For example, the threshold values may include an ambient air temperature threshold and an item temperature threshold. A threshold may be provided with respect to both types of values (e.g. if the ambient air temperature is x then the item temperature must be at least y or the two temperature values cannot be separated by more than x degrees). There may be a number of different thresholds for each item with each threshold associated with an escalation rule indicating an action to be taken in the event the threshold is met or exceeded. For example, a dairy item may have a first temperature value of 30 degrees Fahrenheit, which is associated with the item temperature threshold. The dairy item may also have a second temperature value of 40 degrees Fahrenheit, which is associated with the ambient air temperature. In this example, a crossing of the second temperature value corresponding to ambient air temperature would be worrisome, but not catastrophic. If not the ambient air temperature is not addressed, the first temperature value associated to the item temperature may rise to the point of crossing the threshold. As this value is associated with the item, the crossing of this threshold is more serious.”Paragraph [0026] – “At block 310, based on the comparing, a set of escalation rules whose applicability is determined by a variance between the set of threshold values and at least one of the first temperature values and the second temperature value is applied. In one embodiment, a threshold violation by the first temperature value alone may prompt the execution of an escalation rule. In another embodiment, a threshold violation by the second temperature value alone may prompt the execution of an escalation rule. In another embodiment, a threshold violation by both the first and second temperature values will prompt the execution of an escalation rule.”Paragraph [0034] – “The server 202 utilizes the received temperature value and the second temperature value as well as the data received from the database 206 to execute the process displayed in FIG. 3. Upon completing the process described in FIG. 3, the server 202 sends an alert 424 to a mobile device 204. The alert 424 may take a digital form including but not limited to an email, text message, instant message, or a notification in an application. The alert 424 may include the relevant escalation level, affected item descriptions, containing pallet location, and steps to remedy. Steps to remedy may include instructions to the recipient to move the pallet to a more suitable area or discard products or items off the pallet.”].
Regarding Claim 39, Millhouse discloses that the first and second level sensors are different types of sensors [ambient air temperature sensor 106 and item temperature sensor 104];
wherein, during execution of the second level procedure, the controller is configured to: communicate with the first level sensor directly [Paragraph [0015] – “The item temperature sensor 104 may be communicatively coupled to the electronic device 116. The communicative coupling may take the form of a wired or wireless connection between the item temperature sensor 104 and the electronic device 116. Wireless connection may be supported by underlying wireless telecommunication protocols including but not limited Wi-Fi®, Bluetooth®, Near-field Communication (NFC), and Zigbee®.”Paragraph [0016] – “Similar to the item temperature sensor 104, the ambient air temperature sensor 106 may be communicatively coupled to the electronic device 116 by means of wireless or wired communication.”] or indirectly via an intermediate transmission unit (7) communicatively interposed between the controller and the first level sensor [Paragraph [0015] – “The item temperature sensor 104 may be communicatively coupled to the electronic device 116. The communicative coupling may take the form of a wired or wireless connection between the item temperature sensor 104 and the electronic device 116. Wireless connection may be supported by underlying wireless telecommunication protocols including but not limited Wi-Fi®, Bluetooth®, Near-field Communication (NFC), and Zigbee®.” The wire being an “intermediate transmission unit.”Paragraph [0016] – “Similar to the item temperature sensor 104, the ambient air temperature sensor 106 may be communicatively coupled to the electronic device 116 by means of wireless or wired communication.”],
receive either the signals emitted by the first level sensor or the values of the first parameter over time [Paragraph [0022] – “The sequence begins at block 302 as a first temperature value is received from the ambient air temperature sensor 106. The first temperature value may be periodically received based on a schedule or randomly. In one embodiment, the first temperature value is received following a request from the electronic device 116 to the ambient air temperature sensor 106. In another embodiment, the first temperature value is received by the electronic device 116 based on the data being sent by the ambient air temperature sensor 106 without a request.”],
communicate with the second level sensor [Paragraph [0023] – “At block 304, a second temperature value is received from the item temperature sensor. The second temperature value may be received independently of the first temperature value, or alternatively the second temperature may be received based on the value of the first temperature value. The second temperature value corresponds to a temperature reading taken from physical contact with an item on the pallet. In one embodiment a temperature reading taken from physical contact may include a reading taken from the item temperature sensor affixed to the exterior of packaging package. Alternatively, the temperature reading may be taken from an item temperature sensor located internally to the packaging of an item or internal to the item itself.”] directly or indirectly via a detector configured to read the indications emitted by the second level sensor [Paragraph [0015] – “The item temperature sensor 104 may be communicatively coupled to the electronic device 116. The communicative coupling may take the form of a wired or wireless connection between the item temperature sensor 104 and the electronic device 116. Wireless connection may be supported by underlying wireless telecommunication protocols including but not limited Wi-Fi®, Bluetooth®, Near-field Communication (NFC), and Zigbee®.”], and
receive, from either directly from the second level sensor or indirectly via the detector, the indications relative to the alteration of the second parameter [Paragraph [0023] – “At block 304, a second temperature value is received from the item temperature sensor. The second temperature value may be received independently of the first temperature value, or alternatively the second temperature may be received based on the value of the first temperature value. The second temperature value corresponds to a temperature reading taken from physical contact with an item on the pallet. In one embodiment a temperature reading taken from physical contact may include a reading taken from the item temperature sensor affixed to the exterior of packaging package. Alternatively, the temperature reading may be taken from an item temperature sensor located internally to the packaging of an item or internal to the item itself.”].
Regarding Claims 40, 51, and 52, Millhouse discloses that the controller is configured to cause the system to certify [Paragraph [0027] – “At block 312, an alert is transmitted based on the applying of the set of escalation rules. As mentioned above in describing the escalation rules, an alert may take various forms based on which escalation rule is applied. In one embodiment, any level of alert may include an intuitive display of lights by the indicator light 112. For example, no alert may include the display of a solid non-flashing green light indicating no temperature fluctuation over a threshold.”] that the products in the load volume comply with a predetermined quality standard if, in a reference time interval during which the first level procedure is executed a plurality of times [The inherent monitoring period], one or more of the following conditions are met:
the values of the first parameter comply with the predetermined first level acceptability criterion during each execution of the first level procedure [Paragraph [0026] – “At block 310, based on the comparing, a set of escalation rules whose applicability is determined by a variance between the set of threshold values and at least one of the first temperature values and the second temperature value is applied. In one embodiment, a threshold violation by the first temperature value alone may prompt the execution of an escalation rule.”],
the second level procedure is never executed, or
if the second level procedure is executed, the subgroups comply with the predetermined second level acceptability criterion [Paragraph [0026] – “At block 310, based on the comparing, a set of escalation rules whose applicability is determined by a variance between the set of threshold values and at least one of the first temperature values and the second temperature value is applied. … In another embodiment, a threshold violation by the second temperature value alone may prompt the execution of an escalation rule.”].
Regarding Claim 41, Millhouse discloses that the first level sensors comprises a control unit (9), a memory (10) and a transmitter (11) that are communicatively coupled to each other either directly or indirectly, wherein the control unit is configured to cause: the memory to store values assumed over time by the first parameter, and the transmitter to transmit the values to the controller [Paragraph [0015] – “The item temperature sensor 104 may be communicatively coupled to the electronic device 116. The communicative coupling may take the form of a wired or wireless connection between the item temperature sensor 104 and the electronic device 116. Wireless connection may be supported by underlying wireless telecommunication protocols including but not limited Wi-Fi®, Bluetooth®, Near-field Communication (NFC), and Zigbee®.”Paragraph [0016] – “Similar to the item temperature sensor 104, the ambient air temperature sensor 106 may be communicatively coupled to the electronic device 116 by means of wireless or wired communication.”The control unit, a memory, and a transmitter are inherent per the use of the disclosed communication protocols being in play. It is also inherent that parameter values are stored in memory to facilitate the transmission of those values.] before the controller executes the first level procedure [Fig. 3, data collection happens first in the process at step 302].
Regarding Claim 42, Millhouse discloses that the first parameter is detected at the position in the load volume in which the first level sensor operates and the first parameter is at least one of the following:
temperature [Paragraph [0016] – “Also associated with the pallet 108 is an ambient air temperature sensor 106. The ambient air temperature sensor 106 may be affixed to the pallet 108 in a manner that allows it to monitor the temperature of the ambient air surrounding the pallet, which may be different from the temperature of the item 102. Alternatively, the air temperature sensor 106 may be physically separate but located so as to monitor the temperature of the ambient air surrounding the pallet 108.”],
a parameter that is a function of temperature,
a concentration of a predetermined gas or gas mixture, or
a variation of concentration of a predetermined gas or gas mixture,
wherein said predetermined first level acceptability criterion [Paragraph [0025] – “The threshold values may take a number of forms. For example, the threshold values may include an ambient air temperature threshold and an item temperature threshold. A threshold may be provided with respect to both types of values (e.g. if the ambient air temperature is x then the item temperature must be at least y or the two temperature values cannot be separated by more than x degrees). There may be a number of different thresholds for each item with each threshold associated with an escalation rule indicating an action to be taken in the event the threshold is met or exceeded. For example, a dairy item may have a first temperature value of 30 degrees Fahrenheit, which is associated with the item temperature threshold. The dairy item may also have a second temperature value of 40 degrees Fahrenheit, which is associated with the ambient air temperature. In this example, a crossing of the second temperature value corresponding to ambient air temperature would be worrisome, but not catastrophic. If not the ambient air temperature is not addressed, the first temperature value associated to the item temperature may rise to the point of crossing the threshold. As this value is associated with the item, the crossing of this threshold is more serious.”] is respectively defined by at least one of:
a temperature interval [Temperature thresholds during the monitoring period],
an interval of values of the parameter that is a function of the temperature,
a concentration interval of a predetermined gas or gas mixture, or
an interval in the concentration variation of a predetermined gas or gas mixture.
Regarding Claim 44, Millhouse discloses that the second parameter is at least one of the following:
temperature of an environment inside the package [Paragraph [0015] – “Associated with the item 102 is an item temperature sensor 104. The item temperature sensor 104 may be affixed to, or otherwise in contact with the item 102. The affixation/contact may be internal to the item itself or to the item 102 packaging.”],
a parameter that is a function of temperature of an environment inside the package,
temperature of an external surface of the package [Paragraph [0015] – “Associated with the item 102 is an item temperature sensor 104. The item temperature sensor 104 may be affixed to, or otherwise in contact with the item 102. The affixation/contact may be internal to the item itself or to the item 102 packaging.”],
a parameter that is a function of the temperature of an external surface of the package,
a concentration of a predetermined gas or of a predetermined substance inside the package,
a concentration variation of a predetermined gas or substance inside the package,
a concentration of a predetermined gas or of a predetermined substance on an external surface of the package,
a concentration variation of a predetermined gas or substance on an external surface of the package,
a degree of acidity present inside the package, or
a variation of the degree of acidity inside the package.
Regarding Claim 45, Millhouse discloses that the second level sensor comprises at least one of the following:
a component sensitive to a temperature or to a parameter proportional to a temperature carried by the package of the product [Paragraph [0015] – “Associated with the item 102 is an item temperature sensor 104. The item temperature sensor 104 may be affixed to, or otherwise in contact with the item 102. The affixation/contact may be internal to the item itself or to the item 102 packaging.”],
a component sensitive to a temperature or to a parameter proportional to a temperature inserted inside the package [Paragraph [0015] – “Associated with the item 102 is an item temperature sensor 104. The item temperature sensor 104 may be affixed to, or otherwise in contact with the item 102. The affixation/contact may be internal to the item itself or to the item 102 packaging.”],
a component inserted inside the package, wherein the component is sensitive to a concentration or to a concentration variation of a predetermined gas,
a component inserted inside the package, wherein the component is sensitive to a concentration of a predetermined substance or to a variation of a predetermined substance,
a component carried by the package, wherein the component is sensitive to a concentration or to a concentration variation of a predetermined gas,
a component carried by the package, wherein the component is sensitive to a concentration of a predetermined substance or to a variation of a predetermined substance, or
a component sensitive to a pH level or to pH level variation of the environment inside the package.
Regarding Claim 49, Millhouse discloses that the first and second level sensors are different types of sensors [ambient air temperature sensor 106 and item temperature sensor 104].
Regarding Claim 50, Millhouse discloses that the load volume comprises a plurality of subgroups of products, each subgroup being identifiable and distinct from the other subgroups [Paragraph [0024] – “The set of thresholds may be included in an item database or multiple databases that include all products applicable to be shipped in the items. Each entry in the database may include an item identifier as well as information regarding the item dimensions, item description, and corresponding temperature thresholds at which a user may be notified to take action.”Paragraph [0034] – “The alert 424 may include the relevant escalation level, affected item descriptions, containing pallet location, and steps to remedy. Steps to remedy may include instructions to the recipient to move the pallet to a more suitable area or discard products or items off the pallet.”Different types of items are present and individually tracked by item temperature sensor 104.].
Regarding Claim 53, Millhouse discloses that the second level procedure further includes reporting subgroups that do not comply with the predetermined second level acceptability criterion [Paragraph [0034] – “The server 202 utilizes the received temperature value and the second temperature value as well as the data received from the database 206 to execute the process displayed in FIG. 3. Upon completing the process described in FIG. 3, the server 202 sends an alert 424 to a mobile device 204. The alert 424 may take a digital form including but not limited to an email, text message, instant message, or a notification in an application. The alert 424 may include the relevant escalation level, affected item descriptions, containing pallet location, and steps to remedy. Steps to remedy may include instructions to the recipient to move the pallet to a more suitable area or discard products or items off the pallet.”].
Regarding Claim 54, Millhouse discloses that the first parameter is detected at the position inside the load volume in which the first level sensor operates [Paragraph [0016] – “Also associated with the pallet 108 is an ambient air temperature sensor 106. The ambient air temperature sensor 106 may be affixed to the pallet 108 in a manner that allows it to monitor the temperature of the ambient air surrounding the pallet, which may be different from the temperature of the item 102. Alternatively, the air temperature sensor 106 may be physically separate but located so as to monitor the temperature of the ambient air surrounding the pallet 108.”].
Regarding Claim 55, Millhouse discloses that either:
the predetermined first level acceptability criterion is defined by a range of temperatures, or by a range of parameter acceptability values as a function of temperature or temperature variation [Paragraph [0025], the use of the 30 degree and 40 degree thresholds]; or
the predetermined first level acceptability criterion is defined by a concentration range or concentration variation of a prefixed gas or gas mixture.
Regarding Claim 56, Millhouse discloses that the second parameter is at least one of:
a temperature or a temperature-dependent parameter, of each package or of an environment inside each package [Paragraph [0015] – “Associated with the item 102 is an item temperature sensor 104. The item temperature sensor 104 may be affixed to, or otherwise in contact with the item 102. The affixation/contact may be internal to the item itself or to the item 102 packaging.”];
a temperature of an outer surface of the package [Paragraph [0015] – “Associated with the item 102 is an item temperature sensor 104. The item temperature sensor 104 may be affixed to, or otherwise in contact with the item 102. The affixation/contact may be internal to the item itself or to the item 102 packaging.”];
a temperature inside each package [Paragraph [0015] – “Associated with the item 102 is an item temperature sensor 104. The item temperature sensor 104 may be affixed to, or otherwise in contact with the item 102. The affixation/contact may be internal to the item itself or to the item 102 packaging.”];
a concentration or a concentration variation of a predetermined gas inside the package;
a concentration or a concentration variation of a predetermined substance inside the package; or
a degree of acidity present inside the package or a variation of the degree of acidity in each package.
Regarding Claim 57, Millhouse discloses that the second level sensor provides that the predetermined second level acceptability criterion is considered to be complied with for a given subgroup (13)[Paragraph [0027] – “At block 312, an alert is transmitted based on the applying of the set of escalation rules. As mentioned above in describing the escalation rules, an alert may take various forms based on which escalation rule is applied. In one embodiment, any level of alert may include an intuitive display of lights by the indicator light 112. For example, no alert may include the display of a solid non-flashing green light indicating no temperature fluctuation over a threshold.”] only if the indication provided by the second level sensor used in the second level procedure for that subgroup complies with a respective verification test [Paragraph [0026] – “At block 310, based on the comparing, a set of escalation rules whose applicability is determined by a variance between the set of threshold values and at least one of the first temperature values and the second temperature value is applied. … In another embodiment, a threshold violation by both the first and second temperature values will prompt the execution of an escalation rule.”].
Claim Rejections - 35 USC § 103
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) 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Millhouse (US 20190195695 A1) and Huat (US 20110221573 A1).
Regarding Claim 43, Millhouse fails to disclose that the first level sensor is one of a plurality of first level sensors that are distributed in the load volume. However, Huat discloses a shipping container with a plurality of ambient temperature sensors for measuring the ambient temperature within the container [Paragraph [0053] – “At minimum, the container portion 102(c) may be equipped with temperature sensors to measure the ambient temperature within the container portion.”]. It would have been obvious to extend the teachings of Millhouse to such a context in order to monitor products stored on pallets within such a shipping container. It would have been obvious to use a plurality of ambient temperature sensors in such a context to properly measure ambient temperature within such a shipping container.
The combination would disclose that each of the plurality of first level sensors is associated with a unique identification code; wherein each of the plurality of first level sensors is configured to transmit, to the controller, values assumed over time of the first parameter with the unique identification code associating the respective one of the plurality of first sensors, and wherein the controller is configured to identify the values assumed over time of the first parameter detected by each of the plurality of first sensors [Paragraph [0015] of Millhouse – “The item temperature sensor 104 may be communicatively coupled to the electronic device 116. The communicative coupling may take the form of a wired or wireless connection between the item temperature sensor 104 and the electronic device 116. Wireless connection may be supported by underlying wireless telecommunication protocols including but not limited Wi-Fi®, Bluetooth®, Near-field Communication (NFC), and Zigbee®.”Paragraph [0016] of Millhouse – “Similar to the item temperature sensor 104, the ambient air temperature sensor 106 may be communicatively coupled to the electronic device 116 by means of wireless or wired communication.”The recited identification codes are inherently disclosed through the use of the disclosed device communication protocols.].
Claim(s) 46 and 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Millhouse (US 20190195695 A1) and Eckman et al. (US 20210133666 A1)[hereinafter “Eckman”].
Regarding Claim 46, Millhouse fails to disclose that, wherein during execution of the second level procedure, the controller is configured to cause the system to determine which subgroups comply with the predetermined second level acceptability criterion by:
receiving an identification, for each subgroup, of a predetermined number of sample packages, wherein a number of the sample packages is lower than a total number of packages in each subgroup, and
establishing that a subgroup complies with the predetermined second level acceptability criterion based on a plurality of second level sensors that are associated with the sample packages, or with products contained in the sample packages, present in the respective subgroup;
wherein the sample packages of each subgroup are placed in an external peripheral zone of the subgroup.
However, Eckman discloses the monitoring of the temperatures of items on a pallet where an external item temperature measurement is used to characterize internal item temperatures [Paragraph [0067] – “For example, the server 110 may prioritize information that indicates whether a pallet contains frozen foods, and at what time the pallet was unloaded from the truck. Based on this information, for example, the server 110 can determine that the key parameters to detect may include text, which can indicate at what temperature and/or date the food will spoil and what temperature the pallet should be stored at, and temperature readings (e.g., external temperature readings obtained through, for example, a thermal image of the pallet, internal temperature readings inferred from external temperature determinations, internal temperature readings from the use of temperature probes). Focusing on detecting key parameters, for example, can increase efficiency in scanning the pallet and can enhance decisions made regarding storage and placement of the pallet in the warehouse environment.”].
It would have been obvious to apply such a process to the scenario of Millhouse by using item temperature sensor readings from items in an external peripheral zone of the pallet to evaluate the temperature compliance of items lying on the interior of the pallet items because doing so would have reduced the amount of data processing needed for evaluating all of the items.
Regarding Claim 47, the combination would disclose that the controller or the detector is configured to identify, in each subgroup, the sample packages based on an interrogation protocol that comprises a list of unique identification codes of the packages, and wherein the controller or the detector is configured to select as sample packages among those belonging to the list present in the interrogation protocol [Paragraph [0015] of Millhouse – “The item temperature sensor 104 may be communicatively coupled to the electronic device 116. The communicative coupling may take the form of a wired or wireless connection between the item temperature sensor 104 and the electronic device 116. Wireless connection may be supported by underlying wireless telecommunication protocols including but not limited Wi-Fi®, Bluetooth®, Near-field Communication (NFC), and Zigbee®.”The recited identification codes and item sensor identification are inherently disclosed through the use of the disclosed device communication protocols.].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bhattacharyya et al., RFID Tag Antenna Based Temperature Sensing, IEEE, 2010
US 20040156958 A1 – Package Of Food Product
US 20130020309 A1 – Carton And Temperature Control System
US 20180114415 A1 – SYSTEMS AND METHODS OF TRACKING PRODUCTS DURING TRANSPORT
US 20090293524 A1 – Method And Apparatus For Protecting Temperature Sensitive Products
US 20120210677 A1 – METHOD AND SYSTEM FOR TEMPERATURE CONTROLLED TRANSPORT
US 20190250653 A1 – MONITORING AND ENSURING PROPER AMBIENT CONDITIONS, INCLUDING CHEMICAL BALANCE, WITHIN A SHIPPING MEDIUM USED FOR TRANSPORTING AMBIENT-CONDITION SENSITIVE GOODS
US 20090222235 A1 – DEVICE FOR MONITORING A PRODUCT DEGRADATION
US 6397163 B1 – Method For Determining Thermal Exposure Of A Product
US 9846086 B1 – System And Method For Time-temperature Monitoring Of Transportable Goods
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT QUIGLEY whose telephone number is (313)446-4879. The examiner can normally be reached 9AM-5PM EST.
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, Arleen Vazquez can be reached at (571) 272-2619. 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.
/KYLE R QUIGLEY/Primary Examiner, Art Unit 2857