DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-15 are presented for examination on the merits.
Claim Rejections - 35 USC § 102
2. 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 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.
3. 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.
4. Claims 1-4, 7, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murofushi (US 20180053022 A1).
As to claim 1, Murofushi discloses in reading device and control program for reading device method having claimed:
a. a reading device for reading information from an RF tag attached to an article, an antenna read on ¶ (as illustrated in FIG. 2, the reading device 2 includes an RFID antenna 22 of a linearly polarized wave type. As indicated by the upward arrow in FIG. 2, the antenna 22 is provided so that a traveling direction of a linearly polarized RFID radio wave emitted from the antenna 22 is directed to the top board of the check-out counter 10);
b. a moving device connected to the antenna such that the antenna moves relative to the RF tag; and a reading unit that includes the antenna and reads information from the RF tag while the antenna is moving read on ¶ 0030, (in the reading device 2, the antenna 22 of RFID is attached to a rotation axis 222 of a stepping motor 13. The upward arrow in FIG. 2 is a traveling direction of a linearly polarized wave of RFID. The antenna 22 is rotatable about an axis parallel to the traveling direction of the linearly polarized wave. The stepping motor 13 is provided on a moving stage 20 horizontally (in a direction perpendicular to the traveling direction of the linearly polarized wave) moved by a moving mechanism 24. The antenna 22 on the stepping motor 13 reads the RFID tag while moving in the directions indicated by the arrows M1 and M2 in FIG. 2).
As to claim 2, Murofushi further discloses:
a. wherein the moving device moves the antenna in a first moving mode and in a second moving mode different from the first moving mode read on ¶ 0030, (The antenna 22 on the stepping motor 13 reads the RFID tag while moving in the directions indicated by the arrows M1 and M2 in FIG. 2).
As to claim 3, Murofushi further discloses:
a. a detection section configured to detect the article, and in response to a detection of the article, the moving device moves the antenna read on ¶ 0024, (The POS terminal 1 queries the store controller for information associated with a merchandise code read by the bar-code reader 6 or a merchandise code read by the reading device 2 and can thus obtain merchandise information such as a merchandise name, a merchandise image, and a merchandise unit price corresponding to the merchandise code. The POS terminal 1 performs sales registration processing of the merchandise using the merchandise information).
As to claim 4, Murofushi further discloses:
a. an antenna used for the reading device according to claim 1 read on ¶ 0029, (s illustrated in FIG. 2, the reading device 2 includes an RFID antenna 22 of a linearly polarized wave type. As indicated by the upward arrow in FIG. 2, the antenna 22 is provided so that a traveling direction of a linearly polarized RFID radio wave emitted from the antenna 22 is directed to the top board of the check-out counter 10).
As to claim 9, Murofushi further discloses:
a. an antenna for the reading device according to claim 2 read on ¶ 0022, (As illustrated in FIG. 2, the reading device 2 includes an RFID antenna 22 of a linearly polarized wave type. As indicated by the upward arrow in FIG. 2, the antenna 22 is provided so that a traveling direction of a linearly polarized RFID radio wave emitted from the antenna 22 is directed to the top board of the check-out counter 10).
As to claim 10, Murofushi further discloses:
a. an antenna for the reading device according to claim 3 read on ¶ 0029, (As illustrated in FIG. 2, the reading device 2 includes an RFID antenna 22 of a linearly polarized wave type. As indicated by the upward arrow in FIG. 2, the antenna 22 is provided so that a traveling direction of a linearly polarized RFID radio wave emitted from the antenna 22 is directed to the top board of the check-out counter 10).
Claim Rejections - 35 USC § 103
5. 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 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.
6. 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 of this title, 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.
7. Claims 5-7 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Murofushi in view of Roth (CA 3163305 A1).
As to claim 5, Murofushi further discloses:
a. a reading stand comprising: a counter configured to accommodate the article; and the reading device according to claim 1, the antenna disposed to emit radio waves toward the container read on ¶ 0026, (The reading device 2 may be embedded in the check-out counter 10 or may be placed in a drawer or on a shelf board, or the like of the check-out counter 10. By providing the reading device 2 inside the check-out counter 10 as described, it is possible to use a wider surface area on the check-out counter 10. That is, it is possible to improve comfort when a customer places merchandise on the upper surface of the counter 10 or when a salesperson performs a registration operation and a packing operation. A top board of the check-out counter 10 is made of a material through which radio waves penetrate and may be made of, for example, a wooden material). Murofushi does not explicitly recite the rfid system is inside a container.
However, Routh in automatic teller machine safety verification cures deficiency by teaching that it may be beneficial wherein a rfid reading system is inside a container ¶ 0021, (The system 10 includes a chamber 14 sized and configured to receive a shopping cart 12 and/or basket. As will be described in greater detail, a radio frequency field is created within an interior of the chamber 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the shopping cart/basket reader systems and methods of Ruth into Murofushi in order to provide a chamber which is prevents signals traveling within the chamber from exiting the chamber by reflecting the signals traveling within the chamber, and simply preventing the signals from exiting the chamber.
As to claim 6, Roth further teaches:
a. a shelf having a container configured to accommodate the article to be stored: and the reading device according to claim 1, the reading device being configured to emit radio waves toward the container read on ¶ 0027-28, (this may include one or more antennas positioned at or adjacent to a floor or bottom surface of the chamber 14 to ensure that merchandise positioned on the lower shelf of a shopping cart 12 (e.g., cases of beverages or other bulk items) is exposed to radio frequency signals. When a shopping cart 12 or basket is properly positioned within the chamber 14 (e.g., as determined by a sensor 20) and all of the closures 18 are in their closed conditions, the RFID reader 24 may be actuated to cause the associated antenna(s) 22 to generate a radio frequency field within the chamber 14. If a sensor 20 is provided, this may include the RFID reader 24 being automatically actuated; otherwise, it is also within the scope of the present disclosure for the RFID reader 24 to be manually actuated (e.g., by a shopper or store employee pressing a button to activate the RFID reader 24).
As to claim 7, Roth further discloses:
a. reading gate comprising: a gate body placed above a conveyance path, on which the article is conveyed; and the reading device according to claim 1, the reading device being disposed at the gate body, and including the antenna disposed to emit radio waves toward the conveyance path read on ¶ 0027, (the system 10 further includes at least one antenna
22a, which is coupled to an RFID reader 24, as shown in Fig. 2. The antenna 22a is associated with the interior of the chamber 14 and oriented to send radio frequency signals to and receive radio signals from RFID tags or labels on merchandise in a shopping cart 12 or basket within the chamber 14. Fig. 2 shows a pair of antennas 22a and 22b coupled to the RFID reader 24 (by cables, for example), and it may be advantageous for a plurality of antennas to be associated with the interior of the chamber 14 to create a more complete radio frequency field within the chamber 14 and better ensure that all of the RFID tags or labels on merchandise in a shopping cart 12 or basket within the chamber 14 are scanned).
As to claim 11, Roth further teaches:
a. storage shelf comprising: a shelf having a container configured to accommodate the article to be stored; and the reading device according to claim 2, the reading device being configured to emit radio waves toward the container read on ¶ 0027-0028, (this may include one or more antennas positioned at or adjacent to a floor or bottom surface of the chamber 14 to ensure that merchandise positioned on the lower shelf of a shopping cart 12 (e.g., cases of beverages or other bulk items) is exposed to radio frequency signals. When a shopping cart 12 or basket is properly positioned within the chamber 14 (e.g., as determined by a sensor 20) and all of the closures 18 are in their closed conditions, the RFID reader 24 may be actuated to cause the associated antenna(s) 22 to generate a radio frequency field within the chamber 14. If a sensor 20 is provided, this may include the RFID reader 24 being automatically actuated; otherwise, it is also within the scope of the present disclosure for the RFID reader 24 to be manually actuated (e.g., by a shopper or store employee pressing a button to activate the RFID reader 24).
As to claim 12, Roth further teaches:
a. a storage shelf comprising: a shelf having a container configured to accommodate the article to be stored: and the reading device according to claim 3, the reading device being configured to emit radio waves toward the container read on ¶ 0027-28, (this may include one or more antennas positioned at or adjacent to a floor or bottom surface of the chamber 14 to ensure that merchandise positioned on the lower shelf of a shopping cart 12 (e.g., cases of beverages or other bulk items) is exposed to radio frequency signals. When a shopping cart 12 or basket is properly positioned within the chamber 14 (e.g., as determined by a sensor 20) and all of the closures 18 are in their closed conditions, the RFID reader 24 may be actuated to cause the associated antenna(s) 22 to generate a radio frequency field within the chamber 14. If a sensor 20 is provided, this may include the RFID reader 24 being automatically actuated; otherwise, it is also within the scope of the present disclosure for the RFID reader 24 to be manually actuated (e.g., by a shopper or store employee pressing a button to activate the RFID reader 24).
As to claim 13, Roth further discloses:
a. a reading gate comprising: a gate body placed above a conveyance path, on which the article is conveyed; and the reading device according to claim 3, the reading device being disposed at the gate body, and including the antenna disposed to emit radio waves toward the conveyance path read on ¶ 0027, (the system 10 further includes at least one antenna
22a, which is coupled to an RFID reader 24, as shown in Fig. 2. The antenna 22a is associated with the interior of the chamber 14 and oriented to send radio frequency signals to and receive radio signals from RFID tags or labels on merchandise in a shopping cart 12 or basket within the chamber 14. Fig. 2 shows a pair of antennas 22a and 22b coupled to the RFID reader 24 (by cables, for example), and it may be advantageous for a plurality of antennas to be associated with the interior of the chamber 14 to create a more complete radio frequency field within the chamber 14 and better ensure that all of the RFID tags or labels on merchandise in a shopping cart 12 or basket within the chamber 14 are scanned).
As to claim 14, Roth further discloses:
a. a reading gate comprising: a gate body placed above a conveyance path, on which the article is conveyed; and the reading device according to claim 3, the reading device being disposed at the gate body, and including the antenna disposed to emit radio waves toward the conveyance path read on ¶ 0027, (the system 10 further includes at least one antenna
22a, which is coupled to an RFID reader 24, as shown in Fig. 2. The antenna 22a is associated with the interior of the chamber 14 and oriented to send radio frequency signals to and receive radio signals from RFID tags or labels on merchandise in a shopping cart 12 or basket within the chamber 14. Fig. 2 shows a pair of antennas 22a and 22b coupled to the RFID reader 24 (by cables, for example), and it may be advantageous for a plurality of antennas to be associated with the interior of the chamber 14 to create a more complete radio frequency field within the chamber 14 and better ensure that all of the RFID tags or labels on merchandise in a shopping cart 12 or basket within the chamber 14 are scanned).
As to claim 15, the claim is interpreted and rejected as to claims 1 & 6.
6. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Murofushi in view of Roth in view of Wang (CN 111493541 A).
As to claim 8, Murofushi in view of Roth does not explicitly recite wherein a detection section configured to detect the article, and in response to a detection of the article, the moving section is configured to move the antenna.
However, Wang in a file box pushing device and using method thereof cures this deficiency by teaching that it may be beneficial wherein a detection section configured to detect the article, and in response to a detection of the article, the moving section is configured to move the antenna read on Col. 6, Lines 34-53, (the processing center receives the signal of the file box to be taken; and the instruction is sent out to control the transverse motor to work; the transverse motor drives the electric push rod installed on the sliding mounting seat through the synchronous wheel gear box and the screw rod in the track, a push plate and an RFID antenna mounting plate to move; when the RFID antenna detects the RFID tag corresponding to the file box, the push plate is located in the file groove of the file box; then stopping moving motor to move and controlling the electric push rod to work, the electric push rod drives the push plate through the through groove to push the file box out of the file groove; the electric push rod recontrols the push plate to return to the original position).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the a file box pushing device and using method thereof of Wang into Murofushi in view of Roth in order to provide a transverse moving assembly drives the electric push rod and RFID antenna to move on the back of the file frame, through RFID antenna and RFID tag communication identification, the processing center control processing pushes the needed file box by the push plate, more intuitively knowing the position of the file, it is more convenient to take, which greatly saves the file box searching time and improves the efficiency.
Response to Arguments
8. Applicant's arguments with respect to claims 1-15 have been considered but are moot in view of the new ground(s) of rejection that was necessitated by Applicant's amendment.
Citation of pertinent Prior Arts
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Conclusion
10. 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 Fekadeselassie Girma whose telephone number is (571)270-5886. The examiner can normally be reached on M-F 8:30am - 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W. Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Fekadeselassie Girma/
Primary Examiner Art Unit 2689