DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. Claims 1-20 as originally filed are currently pending and are considered below.
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 foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 14, 2023, March 21, 2024 and April 22, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-5, 7-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Flynn, U.S. Patent Application Publication 2003/0122667 in view of Kallakuri et al. U.S. Patent Application 2021/0407131.
As per Claim 1, Flynn discloses a sales data processing apparatus, comprising:
a camera positioned to acquire images of a region in which a user of the sales data processing apparatus operates the sales data processing apparatus (Figure 2, Dome Camera 88);
a user input unit permitting the user to operate the sales data processing apparatus (Figure 1, Consumer Terminal 34); and
a controller (Figure 1, Payment Terminal 38) configured to:
perform registration processing on items in a sales transaction based on item information acquired by the controller (pg.3, ¶ [0022] discusses Consumer terminal 34 displays item data as it is entered through scanner/scale unit 26).
Flynn pg.3-4, ¶ [0027] teaches controller 84 receives alert messages identifying security events occurring at self-checkout stations and controls security devices to enhance image data generation and recording or to attract security officer attention to the incident, thereby performing a countermeasure.
However, Flynn fails to disclose acquire a first image from the camera as a reference image; acquire a second image from the camera after the first image; acquire an image analysis comparing the first image to the second image to determine whether an imaging range of the camera has shifted between the acquisition of the first image and the second image; and perform a countermeasure processing if the image analysis indicates the imaging range has shifted between the acquisition of the first image and the second image.
Kallakuri et al. teaches acquire a first image from the camera as a reference image (Figure 11A, Image from Camera 1 at time t1);
acquire a second image from the camera after the first image (Figure 11A, Image from Camera 1 at time t2);
acquire an image analysis comparing the first image to the second image to determine whether an imaging range of the camera has shifted between the acquisition of the first image and the second image (pg.14, ¶ [0183] discusses the system can then compare the change in the transformation between the new and old image and compare the difference with a threshold (612) to determine whether to apply the transformation to existing calibration data); and
perform an action if the image analysis indicates the imaging range has shifted between the acquisition of the first image and the second image (pg.14, ¶ [0183] discusses If it is determined that the camera has drifted ( or moved) with respect to its previous position, the system applies the transformation for the camera with respect to the store origin).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to detect a camera has drifted as in the improvement discussed in Kallakuri et al., in the system executing the method of Flynn. As in Kallakuri et al., it is within the capabilities of one of ordinary skill in the art to detect when a camera monitoring a retail area has drifted to a monitored self-checkout with the predicted result of adjusting a camera position when a drift is detected as needed in Flynn.
As per Claim 2, Flynn discloses the sales data processing apparatus according to claim 1, wherein the controller is further configured to perform settlement processing for the sales transaction based on the items registered in the registration processing (pg.3, ¶ [0024] discusses Once all of the items are scanned, a consumer may provide payment through payment terminal 38 or currency module 40, receive change from module 44, and a receipt from printer 44. The consumer may then remove the bags from security scale 48 and leave station 10).
As per Claim 4, Flynn discloses the sales data processing apparatus according to claim 2, wherein the countermeasure processing includes transmitting a notification to an external device (pg.3, ¶ [0025] discusses an event message identifying the detected event and station may then be generated by the security agent application for transmission over network 70).
As per Claim 5, Flynn discloses the sales data processing apparatus according to claim 2, further comprising: a motor for positioning the camera (pg.4, ¶ [028] discusses the servo mechanism to which it is mounted rotates the camera towards the station identified by the identifier in the message).
Flynn pg.4, ¶ [0031] further teaches the control actions may be a camera control action…the camera control actions include zoom, pan, tilt (rotate), and focus operations for the camera or cameras controlled during an incident.
However, Flynn fails to explicitly state wherein the countermeasure processing includes controlling the motor to return the camera to a position before the shift.
Kallakuri et al. teaches wherein the countermeasure processing includes controlling the motor to return the camera to a position before the shift (pg.14, ¶ [0183] discusses If it is determined that the camera has drifted ( or moved) withrespect to its previous position, the system applies the transformation for the camera with respect to the store origin).
Therefore it would have been obvious to one of ordinary still in the art to include in the camera control action the ability to apply a transformation to reposition the cameras as taught by Kallakuri et al., since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 7, Flynn discloses the sales data processing apparatus according to claim 1, wherein the countermeasure processing includes transmitting a notification to an external device (pg.4, ¶ [0030] discusses a telephone or paging system (not shown) may be coupled to controller 84 to activate a pager worn by a security officer. The paging message may include data identifying the station generating the event messages being processed as alert messages by controller 84).
As per Claim 8, Flynn discloses the sales data processing apparatus according to claim 1, further comprising: a motor for positioning the camera (pg.4, ¶ [028] discusses the servo mechanism to which it is mounted rotates the camera towards the station identified by the identifier in the message),
Flynn pg.4, ¶ [0031] further teaches the control actions may be a camera control action…the camera control actions include zoom, pan, tilt (rotate), and focus operations for the camera or cameras controlled during an incident.
However, Flynn fails to explicitly state wherein the countermeasure processing includes controlling the motor to return the camera to a position before the shift.
Kallakuri et al. teaches wherein the countermeasure processing includes controlling the motor to return the camera to a position before the shift (pg.14, ¶ [0183] discusses If it is determined that the camera has drifted ( or moved) withrespect to its previous position, the system applies the transformation for the camera with respect to the store origin).
Therefore it would have been obvious to one of ordinary still in the art to include in the camera control action the ability to apply a transformation to reposition the cameras as taught by Kallakuri et al., since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 9, Flynn discloses the sales data processing apparatus according to claim 1, wherein the image analysis is performed by an external device and acquired via a network connection (pg.3, ¶ [0027] discusses the video output of each camera coupled to controller 84 may be switched to provide the video stream of the camera to one of the image data security devices coupled to the controller. Within the back office, controller 84 may be coupled to a VCR 94, a television monitor 96, and a frame grabber 98 or the like for the capture or display of video data).
As per Claim 10, Flynn discloses the sales data processing apparatus according to claim 1, further comprising: an item scanner configured to obtain item information from an item in the sales transaction (pg.2, ¶ [0022] discusses Scanner/scale unit 26 uses a laser shining on a glass or other transparent platen to input data from barcodes applied to products or packages).
As per Claim 11, Flynn discloses the sales data processing apparatus according to claim 10, further comprising: a currency handling unit configured to receive payments for the items registered in the sales transaction (pg.3, ¶ [0023] discusses checkstand 18 also includes upper currency module 40 for receiving currency and coins from a consumer as payment for a transaction while lower currency module 42 returns change to a consumer).
As per Claim 12, Flynn discloses a payment processing apparatus, comprising:
a camera positioned to acquire images of a region in which a user of the sales data processing apparatus operates the sales data processing apparatus (Figure 2, Dome Camera 88);
a user input unit permitting the user to operate the sales data processing apparatus (Figure 1, Consumer Terminal 34); and
a controller (Figure 1, Payment Terminal 38) configured to:
perform registration processing on items in a sales transaction based on item information acquired by the controller (pg.3, ¶ [0022] discusses Consumer terminal 34 displays item data as it is entered through scanner/scale unit 26).
Flynn pg.3-4, ¶ [0027] teaches controller 84 receives alert messages identifying security events occurring at self-checkout stations and controls security devices to enhance image data generation and recording or to attract security officer attention to the incident, thereby performing a countermeasure.
However, Flynn fails to disclose acquire a first image from the camera as a reference image; acquire a second image from the camera after the first image; acquire an image analysis comparing the first image to the second image to determine whether an imaging range of the camera has shifted between the acquisition of the first image and the second image; and perform a countermeasure processing if the image analysis indicates the imaging range has shifted between the acquisition of the first image and the second image.
Kallakuri et al. teaches acquire a first image from the camera as a reference image (Figure 11A, Image from Camera 1 at time t1);
acquire a second image from the camera after the first image (Figure 11A, Image from Camera 1 at time t2);
acquire an image analysis comparing the first image to the second image to determine whether an imaging range of the camera has shifted between the acquisition of the first image and the second image (pg.14, ¶ [0183] discusses the system can then compare the change in the transformation between the new and old image and compare the difference with a threshold (612) to determine whether to apply the transformation to existing calibration data); and
perform an action if the image analysis indicates the imaging range has shifted between the acquisition of the first image and the second image (pg.14, ¶ [0183] discusses If it is determined that the camera has drifted ( or moved) with respect to its previous position, the system applies the transformation for the camera with respect to the store origin).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to detect a camera has drifted as in the improvement discussed in Kallakuri et al., in the system executing the method of Flynn. As in Kallakuri et al., it is within the capabilities of one of ordinary skill in the art to detect when a camera monitoring a retail area has drifted to a monitored self-checkout with the predicted result of adjusting a camera position when a drift is detected as needed in Flynn.
As per Claim 13, Flynn discloses the payment processing apparatus according to claim 12, wherein the controller is further configured to perform registration processing for registering the items in the sales transaction (pg.3, ¶ [0024] discusses Once all of the items are scanned, a consumer may provide payment through payment terminal 38 or currency module 40, receive change from module 44, and a receipt from printer 44. The consumer may then remove the bags from security scale 48 and leave station 10).
As per Claim 15, Flynn discloses the payment processing apparatus according to claim 12, wherein the countermeasure processing includes transmitting a notification to an external device (pg.4, ¶ [0030] discusses a telephone or paging system (not shown) may be coupled to controller 84 to activate a pager worn by a security officer. The paging message may include data identifying the station generating the event messages being processed as alert messages by controller 84).
As per Claim 16, Flynn discloses the payment processing apparatus according to claim 12, further comprising: a motor for positioning the camera (pg.4, ¶ [028] discusses the servo mechanism to which it is mounted rotates the camera towards the station identified by the identifier in the message),
Flynn pg.4, ¶ [0031] further teaches the control actions may be a camera control action…the camera control actions include zoom, pan, tilt (rotate), and focus operations for the camera or cameras controlled during an incident.
However, Flynn fails to explicitly state wherein the countermeasure processing includes controlling the motor to return the camera to a position before the shift.
Kallakuri et al. teaches wherein the countermeasure processing includes controlling the motor to return the camera to a position before the shift (pg.14, ¶ [0183] discusses If it is determined that the camera has drifted ( or moved) withrespect to its previous position, the system applies the transformation for the camera with respect to the store origin).
Therefore it would have been obvious to one of ordinary still in the art to include in the camera control action the ability to apply a transformation to reposition the cameras as taught by Kallakuri et al., since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 17, Flynn discloses the payment processing apparatus according to claim 12, wherein the image analysis is performed by an external device and acquired via a network connection (pg.2, ¶ [0022] discusses Scanner/scale unit 26 uses a laser shining on a glass or other transparent platen to input data from barcodes applied to products or packages).
As per Claim 18, Flynn discloses the payment processing apparatus according to claim 12, further comprising: a currency handling unit configured to receive cash payments for the items registered in the sales transaction (pg.3, ¶ [0023] discusses checkstand 18 also includes upper currency module 40 for receiving currency and coins from a consumer as payment for a transaction while lower currency module 42 returns change to a consumer).
As per Claim 19, Flynn discloses a non-transitory, computer-readable medium storing program instructions which when executed by a sales data processing apparatus causes the apparatus to perform a method comprising:
acquiring item information for items in a sales transaction (pg.2, ¶ [0022] discusses scanner/scale unit 26 uses a laser shining on a glass or other transparent platen to input data from barcodes applied to products or packages…cashier may enter item data using cashier display and keypad when station is configured in the cashier-assisted operational mode);
performing registration processing on the items in a sales transaction based on the acquired item information acquired (pg.3, ¶ [0024] discusses once all of the items are scanned, a consumer may provide payment through payment terminal 38 or currency module 40, receive change from module 44, and a receipt from printer 44. The consumer may then remove the bags from security scale 48 and leave station 10).
Flynn pg.3-4, ¶ [0027] teaches controller 84 receives alert messages identifying security events occurring at self-checkout stations and controls security devices to enhance image data generation and recording or to attract security officer attention to the incident, thereby performing a countermeasure.
However, Flynn fails to disclose:
acquiring a first image from a camera as a reference image;
acquiring a second image from the camera after the first image;
acquiring an image analysis comparing the first image to the second image to determine whether an imaging range of the camera has shifted between the acquisition of the first image and the second image; and performing a countermeasure processing if the image analysis indicates the imaging range has shifted between the acquisition of the first image and the second image.
Kallakuri et al. teaches acquiring a first image from the camera as a reference image (Figure 11A, Image from Camera 1 at time t1);
acquiring a second image from the camera after the first image (Figure 11A, Image from Camera 1 at time t2);
acquiring an image analysis comparing the first image to the second image to determine whether an imaging range of the camera has shifted between the acquisition of the first image and the second image (pg.14, ¶ [0183] discusses the system can then compare the change in the transformation between the new and old image and compare the difference with a threshold (612) to determine whether to apply the transformation to existing calibration data); and
perform an action if the image analysis indicates the imaging range has shifted between the acquisition of the first image and the second image (pg.14, ¶ [0183] discusses If it is determined that the camera has drifted ( or moved) with respect to its previous position, the system applies the transformation for the camera with respect to the store origin).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to detect a camera has drifted as in the improvement discussed in Kallakuri et al., in the system executing the method of Flynn. As in Kallakuri et al., it is within the capabilities of one of ordinary skill in the art to detect when a camera monitoring a retail area has drifted to a monitored self-checkout with the predicted result of adjusting a camera position when a drift is detected as needed in Flynn.
As per Claim 20, Flynn discloses the non-transitory, computer-readable medium according to claim 19, wherein the countermeasure processing includes controlling the motor to return the camera to a position before the shift (pg.4, ¶ [0028] discusses the servo mechanism to which it is mounted rotates the camera towards the station identified by the identifier in the message…¶ [0031] discusses the camera control actions include zoom, pan, tilt (rotate), and focus operations for the camera or cameras controlled during an incident).
Claim(s) 3, 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Flynn, U.S. Patent Application Publication 2003/0122667 in view of Kallakuri et al. U.S. Patent Application 2021/0407131 further in view of Uchimura et al., WO 2020/045196.
As per Claim 3, Flynn and Kallakuri et al. discloses the sales data processing apparatus according to claim 2. However, Flynn and Kallakuri et al. fail to disclose wherein the countermeasure processing stops the settlement processing.
Uchimura teaches wherein the countermeasure processing stops the settlement processing (pg.18, lines 20-25 discusses a suspending operation when the merchandise information of a specific merchandise requiring a check by a clerk or the like in the self-checkout mode of the settlement apparatus 10 and a control method for realizing the operation will be described with reference to FIG. explain. FIG. 7 is a flowchart showing an interruption operation in the self-registration mode of the settlement apparatus 10 according to the present embodiment).
The cited portion of Uchimura teaches a countermeasure that suspends/stops a transaction from being fulfilled when an exception is detected.
Therefore it would have been obvious to one of ordinary still in the art to include in the Flynn-Kallikuri combination the ability to suspend a checkout operation when an exception is detected as taught by Uchimura since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 6, Flynn and Kallakuri et al., discloses the sales data processing apparatus according to claim 1 However, Flynn and Kallakuri et al. fail to disclose wherein the countermeasure processing stops the settlement processing.
Uchimura teaches wherein the countermeasure processing stops the settlement processing (pg.18, lines 20-25 discusses a suspending operation when the merchandise information of a specific merchandise requiring a check by a clerk or the like in the self-checkout mode of the settlement apparatus 10 and a control method for realizing the operation will be described with reference to FIG. explain. FIG. 7 is a flowchart showing an interruption operation in the self-registration mode of the settlement apparatus 10 according to the present embodiment).
The cited portion of Uchimura teaches a countermeasure that suspends/stops a transaction from being fulfilled when an exception is detected.
Therefore it would have been obvious to one of ordinary still in the art to include in the Flynn-Kallikuri combination the ability to suspend a checkout operation when an exception is detected as taught by Uchimura since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 14, Flynn and Kallakuri et al., discloses the payment processing apparatus according to claim 12. However, Flynn and Kallakuri et al. fail to disclose wherein the countermeasure processing stops the settlement processing.
Uchimura teaches wherein the countermeasure processing stops the settlement processing (pg.18, lines 20-25 discusses a suspending operation when the merchandise information of a specific merchandise requiring a check by a clerk or the like in the self-checkout mode of the settlement apparatus 10 and a control method for realizing the operation will be described with reference to FIG. explain. FIG. 7 is a flowchart showing an interruption operation in the self-registration mode of the settlement apparatus 10 according to the present embodiment).
The cited portion of Uchimura teaches a countermeasure that suspends/stops a transaction from being fulfilled when an exception is detected.
Therefore it would have been obvious to one of ordinary still in the art to include in the Flynn-Kallikuri combination the ability to suspend a checkout operation when an exception is detected as taught by Uchimura since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aonuma et al., U.S. Patent Application Publication 2011/0131105 discusses a degree of fraud calculating device, a control method for a degree of fraud calculating device, and a store surveillance system can detect fraudulent activity with a high degree of accuracy. A fraud pattern storage unit 71 that stores a fraud pattern, which sets a basic score that is a weight factor for one or more elements of fraud anticipated in the store; a fraud detection unit 72 that detects if one or more the fraud elements occur; a degree of fraud calculating unit 73 that calculates a degree of fraud by summing the basic scores of the fraud elements detected by the fraud detection unit to have occurred; and a degree of fraud recorder 74 that records the calculated results output by the degree of fraud calculator 73 in a fraud database 23. Abstract
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHFORD S HAYLES whose telephone number is (571)270-5106. The examiner can normally be reached M-F 6AM-4PM with Flex.
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, Fahd Obeid can be reached at 5712703324. 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.
/ASHFORD S HAYLES/Primary Examiner, Art Unit 3627