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 .
DETAILED ACTION
This communication is in response to Applicant’s amendment filed 25 September 2025. Claims 1-22 are currently pending. Examiner withdraws the rejections of claims 1-22 under 35 USC § 101 directed to non-statutory subject matter is maintained. The rejections are as stated below.
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 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.
Claims 1-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stansell et al. (Patent No. US 20190244436 A1), hereinafter “Stansell” as discussed in the previous office action mailed on 28 May 2025. Further:
Regarding Claims 1, 11, 21 and 22, Stansell discloses:
receive, from an application executing on a mobile device operated by a user, information encoded by fiducial markers associated with the inventory items located in the storage area ([0025, 0029, 0057 and 0190]), “In the example of FIG. 1, the computing device 102 represents any device executing computer-executable instructions 104 (e.g., as application programs, operating system functionality, or both) to implement the operations and functionality associated with the computing device 102”, [0190], “In an exemplary illustration, a user opens the filter application on a user device as the user enters a store. A customized AR filter component on a server or other computing device receives sensor data from the user device to determine a location of the user. The customized AR filter component identifies a plurality of items assigned to the area within a predetermined range of the user. The customized AR filter component obtains the user's selection criteria/search terms and item data, including item attributes for the user. The customized AR filter component obtains image data from the user device. The image data is analyzes using image recognition to identify items in the FOV of the user or user device to determine which items the user is looking at using markers/item recognition, etc.”;
after presenting the real-world view of the storage area, read, using an electronic reader associated with the mobile device, the fiducial markers associated with the inventory items in the real-world view of the storage area; [0051], “An AR generator device 136 outputs an AR display 138 of a portion of an item selection area within a field of view (FOV) 140 of the user 128, including the plurality of items 130. The AR display 138 is a three-dimensional image including real-world elements as well as virtual/graphical elements generated by the AR generator device 136. The AR display 138 includes the AR overlay 132 superimposed over the real-world image of the items in the FOV of the user 128”); [0061]), “The computing device 102 optionally includes a set of sensor devices 145 for generating sensor data 146. The set of sensor devices 145 includes one or more image capture devices, one or more scanner devices, a robotic scanner device, one or more RFID tag readers, or any other type of sensor device. The set of sensor devices 145 generate sensor data 146 such as, but not limited to, image data associated with one or more items in the plurality of items 130. The computing device 102 optionally analyzes the sensor data 146 using image recognition and item data to determine a location of the user 128 and/or identify items in the plurality of items 130”; [0064], “Sensor device(s) 206 generates sensor data associated with a plurality of items 130. The sensor data can include image data (camera images) of the item, the set of shelves 220, marker(s) 218 on the items, marker(s) 218 on the set of shelves, or any other identifying marks within the item selection area”; [0066], “The system analyzes sensor data associated with the marker (s) 218 with item data, planogram, and/or aisle location data to identify one or more items within a FOV or other range of the user or user device”; the sensor devices 206 may be cameras on the user device 116); obtain, from the control circuit (102), the identification of the inventory item (130) having the specified attribute.”;
when the user contacts the first indication displayed on the user interface, and
display on the user interface a second indication over the inventory item to indicate that the item has been attended to; [0108] “The overlay component 614 in other examples can include an item status update 624. The item status update 624 is an update changing a negative item indicator to a positive item indicator in response to receipt of a new promotional offer 626 associated with the item and/or receipt of new user input indicating interest in the item, type of item, and/or classification of an item”; [0201] “a set of virtual signs within the AR display, the set of virtual signs comprising information associated with at least one item in the set of high-interest items or at least one item in the set of un-stocked virtual items”; [0202] an un-stocked virtual items manager, implemented on the at least one processor, wherein the graphical representation of each item in the set of un-stocked virtual items comprises a status indicator; [0203] “wherein the status indicator comprises at least one of an alternate location indicator associated with items currently available in another display at a different location within the item selection area”; [0204] “a re-stock indicator associated with items available in current inventory for re-stocking an empty item display upon request”; [0205] “an order indicator associated with items available for order from a remote location for pick-up by the user or delivery to the user at a future date”; [0206] “a pop-up generator, implemented on the at least one processor, that outputs additional information associated with at least one item in the set of high-interest items within the AR display in response to receiving a user input associated with the at least one item, the additional information comprising at least one or item data, online purchase information, or a link to a website associated with at least one item”.
Response to Arguments
Applicant's arguments filed 25 September 2025 have been fully considered. Applicant’s amendments and arguments with respect to 35 USC § 101 are deemed to be persuasive and the rejections of claims 1-22 under 35 USC § 101 directed to non-statutory subject matter is withdrawn. Furthermore, the additional elements in the claims provide meaningful limitations that transforms an abstract idea into patent eligible. The claim as a whole amount to significantly more than the abstract idea itself. This is because the claim as a whole effect an improvement to another technology or technical field. These limitations in combination provide meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. These limitations, when taken as an ordered combination, provide unconventional steps that confines the abstract idea to a particular application. Therefore, the claim recites patent eligible subject matter. For these reasons claims 1-22 are deemed to be statutory.
Applicant’s amendments/arguments with respect to 35 USC § 102 rejection are non-persuasive and the rejection under 35 USC § 102 is maintained. The response to Applicant’s arguments with respect to the 35 USC § 102 rejections is addressed above.
Conclusion
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 Hani Kazimi whose telephone number is (571) 272-6745. The examiner can normally be reached Monday-Friday from 8:30 AM to 5:00 PM.
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Respectfully Submitted
/HANI M KAZIMI/
Primary Examiner, Art Unit 3691