DETAILED ACTION
Status of Claims
The following is a Final office action in response to the communications received on July 17, 2026.
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 and 14 have been amended.
Claims 1-20 are pending and have been examined.
Response to Amendments
Applicant amendments to claim 1 and 14 are acknowledged.
Response to Arguments
Applicant's arguments regarding 101 rejections have been considered and found persuasive. Claims 1 and 14 as a whole, when viewed as an ordered combination of computer elements and functions, encompasses a practical application of any abstract idea. 101 rejections have been withdrawn. Applicant’s arguments regarding 103 rejections have been considered but are moot in view of the new ground(s) of rejection.
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.
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) 1-8 and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 2019/0362135) A1 in view of Vise (WO 2021/184122 A1).
Claim 1
Chan discloses the following limitations:
A system for collecting demographic information and associating the demographic information with a purchase by a consumer, the system comprising:
RF tag having identification information associated with the purchase by the consumer at the time of the purchase and configured to move in unison with the consumer after the purchase of the product by the consumer; (see at least paragraphs 0029-RFID tags on each product to detect the movement of the product though the store; paragraphs 0030-0033-customers may have membership cards that include RFID tags that can be read by the RFID sensors; the person can be detected by using cameras and the presence of an item on the person can be detected using RFID sensors, cameras or other type of sensors; paragraph 0035-detecting the person leaving the store and identifying items in possession of the person. The system charges the person for items in their possession).
a first RF antenna configured to record a location of the RF tag via wireless electronic reception of the identification information from the RF tag in response to the RF tag being within range of the first RF antenna; (see at least figure 1-RFID system to track products and customers).
a camera configured to collected video data including the consumer simultaneous with the recordation of the location of the RF tag by the first RF antenna; (see at least paragraphs 0030-0033- the person can be detected by using cameras and the presence of an item on the person can be detected using RFID sensors, cameras or other type of sensors).
a computer processor configured to receive, from the first RF antenna via the RF tag, location information of the product and the identification information associated with the purchase (see at least paragraphs 0030-0033-customers may have membership cards that include RFID tags that can be read by the RFID sensors; the person can be detected by using cameras and the presence of an item on the person can be detected using RFID sensors, cameras or other type of sensors; 0035-the system charges the person for items in their possession).
receive information regarding the purchase, and receive video data from the camera, the computer processor configured to associate the RF tag with the identification information regarding the purchase (see at least paragraphs 0030-0033-customers may have membership cards that include RFID tags that can be read by the RFID sensors; the person can be detected by using cameras and the presence of an item on the person can be detected using RFID sensors, cameras or other type of sensors; 0035-the system charges the person for items in their possession).
Chan does not explicitly disclose the following limitations, however, Vise does:
and configured to determine demographic information of the consumer from the video data by enlarging a head or face of the consumer in the video data and analyzing a plurality of frames of the video data that show different views of the consumer, the different views including a front view and a side view of the consumer, and associate the demographic information with the identification information regarding the purchase (see at least paragraph 0012-the image of each customer is analyzed to identify characteristics to build a profile with demographic data; demographic data is generated based on the image captured for that customer; the system correlates purchase data with demographic data).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings in Chan and Vise in order to improve marketing and placement of products in a retail establishment (Vise paragraph 0012). A person of ordinary skill in the art would have conceived the idea of creating such configuration. Moreover, the claimed subject matter would have been no more than a predictable combination of known techniques according to their respective purposes within routine skill and creativity.
Claim 2
Furthermore, Chan discloses the following limitations:
further comprising: a purchase terminal at which the purchase is made by the consumer and at which the identification information of the RF tag is associated with information regarding the purchase. (see at least paragraphs 0030-0031 and 0035).
Claim 3
Furthermore, Chan discloses the following limitations:
further comprising:
a second RF antenna at the purchase terminal that associates the identification information of the RF tag with the information regarding the purchase. (see at least figure 1-RFID system to track products and customers).
Claim 4
Furthermore, Chan discloses the following limitations:
further comprising: a second RF antenna in communication with the computer processor and configured to send the identification information of the RF tag and the information regarding the purchase to the computer processor. (see at least figure 1-RFID system to track products and customers; paragraphs 0030-0033-customers may have membership cards that include RFID tags that can be read by the RFID sensors; the person can be detected by using cameras and the presence of an item on the person can be detected using RFID sensors, cameras or other type of sensors; 0035-the system charges the person for items in their possession).
Claim 5
Furthermore, Chan discloses the following limitations:
further comprising: a retail store within which the first RF antenna and the camera are located. (see at least abstract and figure 2).
Claim 6
Furthermore, Chan discloses the following limitations:
wherein the camera collects video data of the consumer within an entrance/exit zone adjacent a door of the retail store (see at least paragraphs 0028 and 0030).
Claim 7
Furthermore, Chan discloses the following limitations:
wherein the first RF antenna is configured to record the location of the RF tag when the RF tag is within the entrance/exit zone (see at least abstract, figure 2 and paragraphs 0028-0029).
Claim 8
Furthermore, Chan discloses the following limitations:
wherein the RF tag is affixed to the product that is the focus of the purchase (see at least paragraph 0029).
Claim 11
Furthermore, Vise discloses the following limitations:
wherein the computer processor uses computer vision to determine the demographic information (see at least paragraph 0012).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings in Chan and Vise in order to improve marketing and placement of products in a retail establishment (Vise paragraph 0012). A person of ordinary skill in the art would have conceived the idea of creating such configuration. Moreover, the claimed subject matter would have been no more than a predictable combination of known techniques according to their respective purposes within routine skill and creativity.
Claim 13
Furthermore, Vise discloses the following limitations:
further comprising: a database in communication with the computer processor, the database storing the information regarding the consumer, the information regarding the purchase, and the demographic information. (see at least paragraph 0012).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings in Chan and Vise in order to improve marketing and placement of products in a retail establishment (Vise paragraph 0012). A person of ordinary skill in the art would have conceived the idea of creating such configuration. Moreover, the claimed subject matter would have been no more than a predictable combination of known techniques according to their respective purposes within routine skill and creativity.
Claim 12
Furthermore, Chan discloses the following limitations:
wherein the computer processor is a separate component from and is in electronic communication with each of the first RF antenna and the camera. (see at least figures 1-2).
Claim 15
Furthermore, Vice discloses the following limitations:
further comprising:
a database in communication with the first computer processor and the second computer processor, the database including the demographic information of the first consumer and the second consumer and information regarding the first purchase and the second purchase, respectively. (see at least paragraph 0012).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings in Chan and Vise in order to improve marketing and placement of products in a retail establishment (Vise paragraph 0012). A person of ordinary skill in the art would have conceived the idea of creating such configuration. Moreover, the claimed subject matter would have been no more than a predictable combination of known techniques according to their respective purposes within routine skill and creativity.
Claim 16
Furthermore, Chan discloses the following limitations:
wherein the first computer processor and the second computer processor are incorporated into one component (see at least figures 1-2).
Claim 17
Furthermore, Chan discloses the following limitations:
wherein the first retail store further comprises: a first purchase terminal at which the first product is purchased by the first consumer and at which the first RF tag is associated with information regarding the first purchase (see at least paragraph 0035).
Claim 18
Furthermore, Chan discloses the following limitations:
wherein the first purchase terminal conveys information regarding the first consumer to the first computer processor and the first computer processor associates the information regarding the first consumer with the information regarding the first purchase. (see at least paragraphs 0030-0031 and 0035).
Claim 19
Furthermore, Chan discloses the following limitations:
wherein the information regarding the first consumer includes at least one of a name of the first consumer, contact information of the first consumer, and purchase history of the first consumer. (see at least paragraph 0030).
Claim 20
Furthermore, Chan discloses the following limitations:
wherein the first computer processor is not at a location of the first retail store and the second computer processor is not at a location of the second retail store (see at least paragraph 0050).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 2019/0362135) A1 in view of Vise (WO 2021/184122 A1), further in view of Claudatos (US 2006/0072787 A1).
Claim 9
Furthermore, Claudatos discloses the following limitations:
wherein the RF tag is affixed to a physical receipt for the purchase. (see at least paragraphs 0017 and 0043).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the combination Chan/Vise with the teachings in Claudatos in order to improve security practices (Claudatos paragraphs 0017 and 0043-0044). A person of ordinary skill in the art would have conceived the idea of creating such configuration. Moreover, the claimed subject matter would have been no more than a predictable combination of known techniques according to their respective purposes within routine skill and creativity.
Claim 10
Furthermore, Claudatos discloses the following limitations:
wherein the RF tag is associated with a bag in which the product that is the focus of the purchase is located. (see at least paragraphs 0043-0044).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the combination Chan/Vise with the teachings in Claudatos in order to improve security practices (Claudatos paragraphs 0017 and 0043-0044). A person of ordinary skill in the art would have conceived the idea of creating such configuration. Moreover, the claimed subject matter would have been no more than a predictable combination of known techniques according to their respective purposes within routine skill and creativity.
As per claim 14, claim 14 recite substantially similar limitations to claim 1 and is therefore rejected using the same art and rationale set forth above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENISSE Y ORTIZ ROMAN whose telephone number is (571)270-5506. The examiner can normally be reached Monday-Thursday 9-7.
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/DENISSE Y ORTIZ ROMAN/Examiner, Art Unit 3627
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627
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