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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chaubard (USPN 11,481,751).
Re claims 1 and 11: Chaubard teaches a system (and corresponding method) comprising: a camera interface (col. 2, lines 5-52; “camera”); and a processor (col. 2, lines 5-52) configured to: acquire a first image of a commodity from a camera via the camera interface (col. 2, lines 5-52); detect a commodity area within the first image, that shows the commodity (col. 2, lines 5-52); attempt to identify the commodity from the commodity area based on a first copy of a data structure that stores data associating commodity codes of a plurality of commodities with previously stored visual features for the commodities (col. 2, lines 5-52; “ library of pre-stored labeled images”; “failing to identify a product by image as noted above”); and in response to the attempt to identify the commodity from the commodity area being unsuccessful (col. 2, lines 5-52), perform the following: acquire a second image of the commodity from the camera via the camera interface, wherein the second image includes a visible code (col. 2, lines 5-52; “new image”; “scan the unidentified item’s barcode or other product code”); generate error identification data that includes the first image and includes a commodity code associated with the visible code (col. 2, lines 5-52; “system may prompt the customer or cashier to reposition the item if it appears stacking or occlusion has occurred”; “new image”); and update the first copy of the previously stored visual features to include visual features of the commodity that are extracted from the first image (col. 2, lines 5-52; “mapping that unrecognized segment of image or images or video or depth video to a label, the label being the barcode or some equivalent method of product classification, and adding that new labeled data to a large master image library held in the cloud or locally”).
See also at least fig. 5, col. 5, line 55 through col. 6, line 2, col. 8, lines 20-53, col. 11, line 36 through col. 12, line 33.
Re claims 2 and 12: Chaubard teaches a shopping terminal that includes the processor; and a point-of-sale (POS) server, wherein the processor is further configured to: transmit the generated error identification data to the POS server, and the POS server is configured to: store the transmitted error identification data (col. 2, lines 5-67).
Re claims 3 and 13: Chaubard teaches wherein the POS server is further configured to: upon the transmitting of the error identification data to the POS server, notify an administrator to update the previously stored visual features (col. 2, lines 5-52).
Re claims 4 and 14: Chaubard teaches wherein the POS server is further configured to: update a second copy of the data structure based on the transmitted error identification data (col. 2, lines 5-52).
Re claims 5 and 15: Chaubard teaches wherein the POS server updates the second copy of the data structure automatically (col. 2, lines 5-67).
Re claims 6 and 16: Chaubard teaches, wherein the processor is further configured to: download the second copy of the previously stored visual features from the POS server; and use the downloaded second copy of the previously stored visual features to update the first copy of the previously stored visual features (col. 2, lines 5-67).
Re claims 7-10 and 17-20: Chaubard teaches wherein the processor is further configured to: in response to the attempt to identify the commodity from the commodity area being unsuccessful, execute a guidance operation by notifying a purchaser to cause the camera to photograph the visible code; wherein the processor notifies the purchaser by prompting the purchaser to hold the visible code in front of the camera; wherein the processor prompts the purchaser to hold the visible code in front of the camera by displaying a text message on a screen of the shopping terminal; wherein the shopping terminal further includes a sound unit, and the processor prompts the purchaser to hold the visible code in front of the camera by outputting a voice message using the sound unit (col. 2, lines 5-67, col. 7, lines 58-67).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Attallah et al. (USPAP 2023/0102876) teaches auto-enrollment for a computer vision recognition system (abstract, figs. 0018-0023).
Packwood et al. (WO 2021/186174) teaches machine-learning data handling (abstract, figs., pg. 17, line 5 through pg. 24, line 12)
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLABODE AKINTOLA whose telephone number is (571)272-3629. The examiner can normally be reached Mon-Fri 8:30a-6:00p.
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/OLABODE AKINTOLA/Primary Examiner, Art Unit 3691