DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim(s) 1-8 and 31-51 are pending for examination. Claim(s) 1-4 and 6-8 have been amended. Claim(s) 31-51 have been newly added. This action is FINAL.
Response to Arguments
The claim objection(s) to claim(s) 1 and 8 are withdrawn as the claim(s) have be amended.
Applicant's arguments filed 2/12/2026 with respect to the 35 U.S.C. 101 rejection have been fully considered but they are not persuasive.
Applicant Argues: The Office Action asserts that the claims are directed to an abstract idea. Applicant respectfully disagrees.
Step 2A - Prong One
The claims are not directed to an abstract idea.
As amended, independent claim 1 recites a specific RF sensor condition monitoring and inference architecture comprising:
[...]
These limitations integrate any alleged abstract concept into a concrete technological system that operates through RF hardware, sensor modules, movement detection, memory storage, and database communication.
The claims therefore are directed to a specific technological implementation of movement- responsive shelf-life inference using temperature-dependent spoilage models, not to a mental process or fundamental economic practice.
Accordingly, claim 1 is not directed to an abstract idea under Step 2A, Prong One.
Examiner’s Response: The examiner respectfully disagrees. Applicant’s Remarks, p. 12, describes the abstract idea a high level - senses temperature at defined intervals, calculates shelf-life-used and shelf-life-left as percentages using kinetic spoilage models, stores shelf-life status in RF transponder memory and sensor history logs, detects exit/return movement events, and infers shelf-life-used during unmonitored intervals using stored model parameters and sensed temperatures. This abstract idea is enumerated under Certain Methods of Organizing Human Activity as they recite commercial interactions in the form of sales activities or behaviors and./or business relations. and/or Mental Processes as they encompasses steps that a user can manually perform in the human mind or by a human using a pen and paper. The examiner notes the machine and architecture as claimed and as argued are noted to be additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration These elements in the steps are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component and merely invoke such additional elements as a tool to perform the abstract idea. See MPEP 2106.05(f). Therefore, the examiner finds this argument not pensive.
Applicant Argues: Step 2A - Prong Two
Even if considered to recite a judicial exception, the claims integrate the exception into a practical application. The claimed system applies temperature-dependent spoilage kinetics (e.g., Arrhenius models) within a distributed RF sensing architecture that:
[...]
Thus, even if an abstract concept were implicated, it is integrated into a practical technological application under Step 2A, Prong Two.
Examiner’s Response: The examiner respectfully disagrees. As noted above the specific hardware as claimed are noted to be additional elements (i.e., specific hardware, memory and RF and database) are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration These elements in the steps are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component and merely invoke such additional elements as a tool to perform the abstract idea (i.e., updates shelf-life status..., pauses and resumes monitoring, infers, writes status, specific movement triggered status updates and specific temperature-based spoilage modeling). See MPEP 2106.05(f). Therefore, the examiner finds this argument not pensive.
Applicant Argues: Step 2B
The claims recite significantly more than any alleged abstract idea.
The ordered combination of:
[...]
Claim 1 requires a specific interaction between RF hardware, sensor modules, spoilage models, and movement-responsive logic. This arrangement is neither routine nor conventional and addresses a technological problem arising in intermittent environmental monitoring of perishables.
Dependent claims 2-8 further limit the system by specifying particular shelf-life models, container structures, RF reader functionality, shelf-life calculation representations, and confidence factor calculations. These additional limitations further integrate any alleged abstract concept into a concrete RF-based sensing architecture.
Accordingly, claims 1-8 recite significantly more than any alleged abstract idea and satisfy Step 2B. Withdrawal of the §101 rejection is respectfully requested.
Examiner’s Response: The examiner respectfully disagrees. The additional elements as argued amounts to no more than mere instructions to apply the exception (i.e., labeling, temperature sensing, kinetic poilage modeling, movement triggered pause/resume, and inference), using a generic computer component (i.e., RF sensor condition monitoring device, memory storage in RF transponder modules, and communication with a remote database) and do not add anything that is not already present when they are considered individually or in combination. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, under Step 2B, there are no meaningful limitations that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. Therefore, the examiner finds this argument not pensive.
Applicant's arguments filed 2/12/2026 with respect to the 35 U.S.C. 103 rejection have been considered but are moot in view of new grounds of rejection.
Applicant's arguments filed 2/12/2026 with respect to the Double Patenting rejection have been noted. The examiner maintains the Double Patenting Rejection.
Information Disclosure Statement
The information disclosure statement filed 2/26/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-8 and 31-51 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, and similarly Claim(s) 7, 35, 49 and 51, term “optionally” in claim(s) is a relative term which renders the claim indefinite. The term “optionally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The examiner respectfully notes that the metes and bounds of the term “optionally” are unknown.
Dependent Claim(s) 2-8 inherit the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph of Claim 1.
Regarding Claim(s) 8, 38, 40, and 50; these claims recite the limitation "the Internet cloud". There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 31, term “preferably” in claim 31 is a relative term which renders the claim indefinite. The term “preferably” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The examiner respectfully notes that the metes and bounds of the term “preferably” are unknown.
Regarding Claim 31; these claims recite two instances of "a remote and/or Internet database". There is insufficient antecedent basis for this limitation in the claim.
Dependent Claim(s) 32-44 inherit the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph of Claim 31.
Regarding Claim(s) 36, 46, and 47, these claim(s) are noted to be indefinite. The claims must be self-contained and clearly define the bounders of the invention within the scope of the current application. These claim(s) appear to refer to different patents and attempts incorporation by reference within the claims.
Regarding Claim 45; these claims recite two instances of "a remote and/or Internet database". There is insufficient antecedent basis for this limitation in the claim.
Dependent Claim(s) 46-51 inherit the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph of Claim 45.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-8 and 31-51 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: claim(s) 1-8 and 31-51 are directed to a machine. Therefore, the claims are directed to statutory subject matter under Step 1 (Step 1: YES). See MPEP 2106.03.
Prong 1, Step 2A: Claim 1 taken as representative, recites at least the following limitations that recite an abstract idea:
an ID label attached to each of said perishables,
calculate shelf-life-used status, of one of said plurality of perishables, expressed as a percentage of shelf-life-used, using the freshness determining tables based on Arrhenius kinetics, linear or exponential shelf-life models of said perishables, the sensing interval set up in said device and the current sensed temperature;
calculate shelf-life-left status, expressed as percentage of shelf-life-left, subtracting current percentage of shelf-life-used from a previously stored percentage of shelf-life-left and optionally expressed in day and hours remaining at the sensed temperature;
store shelf-life status in
sense and store temperature and date-time of perishable exit or return
infer, upon return, the percentage of shelf-life-used by perishable while away, using percentage of shelf-life-left at exit, temperature at exit, temperature at return, elapsed time away, shelf-life model of the perishable, and
infer percentage of shelf-life-left by subtracting inferred percentage of shelf-life-used from the percentage of shelf-life left at exit calculated, store said inferred shelf-life status data
Claim 31 taken as representative, recites at least the following limitations that recite an abstract idea:
An
a perishable item having an attached barcode, or RFID ID label, preferably with an associated batchlot number,
Claim 45 taken as representative, recites at least the following limitations that recite an abstract idea:
An percentage of shelf-life-used and percentage of shelf-life-left for said one or more perishables for a sensor interval monitored, and wherein when temperature sensing has paused, shelf-life is inferred for the time durations when the perishable is not monitored,
one or more perishables having an attached barcode or RFID labels,
The above limitations, under their broadest reasonable interpretation, fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106.04(a)(2)(II), in that they recite "commercial interactions" or "legal interactions" include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. The broadest reasonable interpretation of these limitations includes for claim 1, and similarly claim(s) 31 and 45, includes use of an ID label attached to a perishable and freshness state of each of plurality of each of a plurality of perishables, thus, the claim 1, and similarly claim(s) 31 and 45, falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas as they recite commercial interactions in the form of sales activities or behaviors and./or business relations.
The above limitations, under their broadest reasonable interpretation, fall within the “Mental Processes” grouping of abstract ideas, enumerated in MPEP 2106.04(a)(2)(III), in that they recite as concepts performed in the human mind, including observations, evaluations, judgments, and opinions. That is, other than reciting for claim 1, and similarly claim(s) 31 and 45, i.e., a system w/ RF sensor monitoring device/transponder/reader tracking device/database/software; nothing in these claim element(s) precludes the step(s) from practically being performed in the mind. For example, the broadest reasonable interpretation of these limitations for claim 1, includes a user manually performing such steps using pencil/paper by manually tracking a specific perishable freshness state based on the time away/temperate from the container, thus, encompasses steps that a user can manually perform in the human mind or by a human using a pen and paper. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “mental processes” grouping of abstract ideas.
Accordingly, these claims recite an abstract idea. (Prong 1, Step 2A: YES). The types of identified abstract ideas are considered together as a single abstract idea for analysis purposes.
Prong 2, Step 2A: Limitations that are not indicative of integration into a practical application include: (1) Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (MPEP 2106.05(f)), (2) Adding insignificant extra-solution activity to the judicial exception (MPEP 2106.05(g)), (3) Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05(h)). Claim 1, and similarly claim(s) 31 and 45, recites i.e., a system w/ RF sensor monitoring device/transponder/reader tracking device/database/software. These additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration (see Applicant’s Specification, ⁋⁋ [0021]-[0022]). These elements in the steps are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component and merely invoke such additional elements as a tool to perform the abstract idea. See MPEP 2106.05(f). Accordingly, these additional elements, even in combination, do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the limitations of claim 1, and similarly claim(s) 31 and 45, are not indicative of integration into a practical application (Prong 2, Step 2A: NO). See MPEP 2106.04(d).
Since claim 1, and similarly claim(s) 31 and 45 recites an abstract idea and fails to integrate the abstract idea into a practical application, claim 1 and similarly claim(s) 31 and 45 are “directed to” an abstract idea under Step 2A (Step 2A: YES). See MPEP 2106.04(d).
Step 2B: The recitation of the additional elements is acknowledged, as identified above with respect to Prong 2 of Step 2A. These additional elements do not add significantly more to the abstract idea for the same reasons as addressed above with respect to Prong 2 of Step 2A.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of for claim 1, and similarly claim(s) 31 and 45, i.e., a system w/ RF sensor monitoring device/transponder/reader tracking device/database/software; amounts to no more than mere instructions to apply the exception using a generic computer component and do not add anything that is not already present when they are considered individually or in combination. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, under Step 2B, there are no meaningful limitations in claim 1, and similarly claim(s) 31 and 45 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (Step 2B: NO). See MPEP 2106.05.
Accordingly, under the Subject Matter Eligibility test, claim 1, and similarly claim(s) 31 and 45 is ineligible.
Regarding Claims 2-8, 32-44, and 46-51, further defines the abstract idea that is present in their respective independent claims and hence are abstract for at least the reasons presented above w/ respect to “Certain Methods of Organizing Human Activity” as the claims recite further commercial interactions" or "legal interactions" include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations i.e., further features related to tracking freshness state and/or further recite “Mental Processes” as the claims recite further concepts that can be performed in the human mind, including observations, evaluations, judgments, and opinions. These dependent claim does not include any additional elements that integrate the abstract idea into a practical application (i.e., claim 4 describe the container, claim 32 describes the device/module, claim 36 and 46-47 describes the device, claim 37 describes a liner, claim 41 describes communication, claim 42, describes an interface protocol, and claim 43 describes output); as such elements are recited at a high level of generality such that it amounts not more than mere instructions to apply the exception using a generic computer component. Even in combination, these additional elements do not integrate the abstract idea into a practical application and do no not amount to significantly more than the abstract idea itself. Thus, the aforementioned claims are not patent-eligible.
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 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim(s) 1-8, 31-33, 35, 36, 38-40, 43, and 45-51 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lowenstein (US 2010/0275625 A1) in view of Bodin et al. (US 2008/0047282 A1) and Pope et al. (US 2005/0248455 A1).
Regarding Claim 1;
Lowenstein discloses a system for tracking the freshness state of each of a plurality of perishables associated with a container ([0008]-[0009] - More specifically, embodiments of the invention automatically retrieve from a local or remote database a variety of details associated with the pharmaceutical product containers and their contents, such as manufacturing data, expiration dates, time out of refrigeration, inventory levels, safety information, usage statistics, and known contraindications and warnings. If the set of details indicates that there is a problem with a particular pharmaceutical (e.g., that it is counterfeit, expired, suspect, spoiled, recalled or almost depleted), then a message or warning may be automatically delivered to a human operator via an attached output device, such as a display screen, speaker or printer), comprising:
an ID label attached to each of said perishables (FIG. 1 and [0012] and [0034] - ... one or more pharmaceutical product containers (shown in FIG. 1 as vaccine vials 102A and 102B) embedded with transponders configured to transmit self-identifying signals),
one or more RF sensor condition monitoring devices, comprising RF transponder and sensor modules, each with memory, communicatively coupled, for monitoring one or more perishables in the container, and RF reader tracking device, comprising a computing device, memory, and RF reader, operative to comminate with said RF transponder under software control (FIG. 1 and [0012] - In some embodiments of the invention, for instance, an RFID reader and antenna are used to detect and decode a unique identifier (called a "tag") transmitted from a transponder embedded in the pharmaceutical product container and [0034] - Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0034]- Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0036]), and a database for storing perishable data (FIG. 1 and [0010]-[0011]), said RF sensor condition monitoring device and RF reader tracking device being response to the movement of an ID label exiting or entering a container for updating the shelf life status data for the perishable corresponding to said ID label ([0018] - In this case, the event manager will record the current time the pharmaceutical product container was added to the refrigerator, calculate a time out of refrigeration value for the pharmaceutical product container based on the current time and a removal time value stored in the local database, and increment a counter or database item configured to track the total accumulated time out of refrigeration for the container and [0034] - Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0036] - Processor compartment 114 comprises a reader 136, event monitor 138, event manager 140, local database 144, re-ordering file 142 and network interface 146. Reader 136 is an event-driven RFID reader, whose primary function is to collect, decode and pass on information transmitted to the antennas 105A and 105B by the transponders embedded in vials 102A and 102B and [0037] - Thus, in some embodiments of the present invention, event monitor 138 will generate an event-identifying code in response to the reader 136 detecting that a tagged pharmaceutical product container (such as vial 102A) is currently located inside or has been added to or removed from cold storage compartment 110), said RF sensor condition monitoring device operative to:
calculate shelf-life-used status... ([0018] - In this case, the event manager will record the current time the pharmaceutical product container was added to the refrigerator, calculate a time out of refrigeration value for the pharmaceutical product container based on the current time and a removal time value stored in the local database, and increment a counter or database item configured to track the total accumulated time out of refrigeration for the container).
calculate shelf-life-left status ([0019] - One of the items in the set of details in the local database contains a maximum time out of refrigeration value for the pharmaceutical product container. Typically, this maximum time out of refrigeration value will be supplied by the manufacturer. If the total accumulated time out of refrigeration counter exceeds the specified maximum time out of refrigeration, then the event manager will transmit a warning message to the human operator, via the output device, indicating this fact);
store shelf-life status in RF transponder memory of said RF sensor condition monitoring device for reading or sending to remote or Internet database by RF reader tracking device and store status in sensor module history log ([0018]-[0019] - In this case, the event manager will record the current time the pharmaceutical product container was added to the refrigerator, calculate a time out of refrigeration value for the pharmaceutical product container based on the current time and a removal time value stored in the local database, and increment a counter or database item configured to track the total accumulated time out of refrigeration for the container);
sense and store ...date-time of perishable exit or return in memory of RF sensor condition monitoring device and send exit/return status data to the [database] when the RF sensor condition monitoring device receives notification from RF reader tracking device or determines that a perishable is leaving or returning to the container ([0018]-[0019] - In this case, the event manager will record the current time the pharmaceutical product container was added to the refrigerator, calculate a time out of refrigeration value for the pharmaceutical product container based on the current time and a removal time value stored in the local database, and increment a counter or database item configured to track the total accumulated time out of refrigeration for the container. and [0034]-[0037] - Thus, in some embodiments of the present invention, event monitor 138 will generate an event-identifying code in response to the reader 136 detecting that a tagged pharmaceutical product container (such as vial 102A) is currently located inside or has been added to or removed from cold storage compartment 110);
infer, upon return, the ... shelf-life-used by perishable while away, using ... at exist... elapsed time away, shelf-life model of the perishable ([0018]-[0019]); and
infer ... shelf-life-left by subtracting inferred percentage of shelf-life-used from the percentage of shelf-life left at exit calculated... ([0018]-[0019]); and
Lowenstein fails to explicitly disclose:
[...] a remote or Internet database for storing perishable data [...];
calculate shelf-life-used status, of one of said plurality of perishables, expressed as a percentage of shelf-life-used, using the freshness determining tables based on Arrhenius kinetics, linear or exponential shelf-life models of said perishables, the sensing interval set up in said device and the current sensed temperature,
calculate shelf-life-left status, expressed as percentage of shelf-life-left, subtracting current percentage of shelf-life-used from a previously stored percentage of shelf-life-left and optionally expressed in day and hours remaining at the sensed temperature;
store shelf-life status in RF transponder memory of said RF sensor condition monitoring device for reading or sending to remote or Internet database by RF reader tracking device and store status in sensor module history log;
[...]
infer, upon return, the percentage of shelf-life-used by perishable while away, using percentage of shelf-life-left at exit, temperature at exit, temperature at return, elapsed time away, shelf-life model of the perishable, and optionally RF reader tracking device notification that additional away data is stored in remote or Internet database of said perishable, and
infer percentage of shelf-life-left by subtracting inferred percentage of shelf-life-used from the percentage of shelf-life left at exit calculated, store said inferred shelf-life status data in RF sensor condition monitoring device memory, and send to remote or Internet database
However, in an analogous art, Bodin teaches [...] a remote or Internet database for storing perishable data [...] ([0048] - Control application 220 stores mass footprint data, mass sensor data, item identification data, and meta information for each item stored in storage unit 200 in a local database 235 and/or remote databases , such as remote databases) 140 in FIG. 1) [and] “shelf life” ...using ... temperature at exit, temperature at return... ([0105] - In another example, temperature sensors are automatically activated to obtain and transmit temperature readings in a predetermined period of time after a door to refrigerator 400 has been opened and closed and [0163]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Bodin to the [database] of Lowenstein to include [...] a remote or Internet database for storing perishable data [...] and ...using ... temperature at exit, temperature at return....
One would have been motivated to combine the teachings of Bodin to Lowenstein to do so as it provides / allows to determine an optimal temperature for storing perishable items in order to prevent/slow spoilage and decay of those perishable items (Bodin, [0007]).
Further, in an analogous art, Pope teaches
calculate shelf-life-used status, of one of said plurality of perishables, expressed as a percentage of shelf-life-used, using the freshness determining tables based on Arrhenius kinetics, linear or exponential shelf-life models of said perishables, the sensing interval set up in said device and the current sensed temperature ([0036] - The use of data tables in the preferred embodiment enable the shelf life calculations that are linear, exponential or do not conform at all to Arrhenius equations, for example for products such as bio-medical and industrial adhesives, whose spoilage rates are different at frozen temperature ranges, whose shelf life is influenced by prior temperature history or whose shelf life spoilage rates are different at different humidity ranges. Additionally the data tables allow user fine-tuning of selected temperature ranges);
calculate shelf-life-left status, expressed as percentage of shelf-life-left, subtracting current percentage of shelf-life-used from a previously stored percentage of shelf-life-left and optionally expressed in day and hours remaining at the sensed temperature ([0036] - Additionally the data tables allow user fine-tuning of selected temperature ranges and [0053] - The system is preferably configured to sense, then summarize data in the sensor memory (shelf life % left, hi/lo temperature thresholds exceeded, time elapse exceeded), then look for exceptions by comparing the summary to conditions preconfigured by the user and finally to alert user that all is ok or not);
store shelf-life status in RF transponder memory of said RF sensor condition monitoring device for reading or sending to remote or Internet database by RF reader tracking device and store status in sensor module history log ([0074] - However, when temperature loggers using RF as their communication interface are used as tags on perishable items, cases or pallets, the amount of data to be sent from the tag to the RF reader and system databases is massive);
sense and store temperature (Abstract and [0055] - The sensor 16 periodically measures time and temperature and determines freshness based on past history and calculation based on spoilage rate tables or formulas. The freshness status is updated and stored in a memory location that is accessible by a RFID reader communicating with the RFID chip 14 independent of the sensor 16.)
infer, upon return, the percentage of shelf-life-used by perishable while away, using percentage of shelf-life-left ... shelf-life model of the perishable, and optionally RF reader tracking device notification that additional away data is stored in remote or Internet database of said perishable, ([0036] - The use of data tables in the preferred embodiment enable the shelf life calculations that are linear, exponential or do not conform at all to Arrhenius equations, for example for products such as bio-medical and industrial adhesives, whose spoilage rates are different at frozen temperature ranges, whose shelf life is influenced by prior temperature history or whose shelf life spoilage rates are different at different humidity ranges. Additionally the data tables allow user fine-tuning of selected temperature ranges and ([0074] - However, when temperature loggers using RF as their communication interface are used as tags on perishable items, cases or pallets, the amount of data to be sent from the tag to the RF reader and system databases is massive); and
infer percentage of shelf-life-left by subtracting inferred percentage of shelf-life-used from the percentage of shelf-life left at exit calculated, store said inferred shelf-life status data in RF sensor condition monitoring device memory, and send to remote or Internet database ([0036] - Additionally the data tables allow user fine-tuning of selected temperature ranges and [0053] - The system is preferably configured to sense, then summarize data in the sensor memory (shelf life % left, hi/lo temperature thresholds exceeded, time elapse exceeded), then look for exceptions by comparing the summary to conditions preconfigured by the user and finally to alert user that all is ok or not and [0074] - However, when temperature loggers using RF as their communication interface are used as tags on perishable items, cases or pallets, the amount of data to be sent from the tag to the RF reader and system databases is massive)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Pope to the system of Lowenstein and Bodin to include calculate shelf-life-used status, of one of said plurality of perishables, expressed as a percentage of shelf-life-used, using the freshness determining tables based on Arrhenius kinetics, linear or exponential shelf-life models of said perishables, the sensing interval set up in said device and the current sensed temperature; calculate shelf-life-left status, expressed as percentage of shelf-life-left, subtracting current percentage of shelf-life-used from a previously stored percentage of shelf-life-left and optionally expressed in day and hours remaining at the sensed temperature; store shelf-life status in RF transponder memory of said RF sensor condition monitoring device for reading or sending to remote or Internet database by RF reader tracking device and store status in sensor module history log; sense and store temperature... ; infer, upon return, the percentage of shelf-life-used by perishable while away, using percentage of shelf-life-left ... shelf-life model of the perishable, and optionally RF reader tracking device notification that additional away data is stored in remote or Internet database of said perishable; and infer percentage of shelf-life-left by subtracting inferred percentage of shelf-life-used from the percentage of shelf-life left at exit calculated, store said inferred shelf-life status data in RF sensor condition monitoring device memory, and send to remote or Internet database.
One would have been motivated to combine the teachings of Pope to Lowenstein in view of Bodin to do so as it provides / allows RF technology for the communication of precision, temperature-dependent shelf-life and other time-dependent sensor monitoring of perishable products (Pope, [0009]).
Regarding Claim 2;
Lowenstein in view of Bodin and Pope discloses the system to Claim 1.
Pope further teaches wherein said shelf-life model comprises a perishable condition model that is an Arrhenius, liner, exponential or experiential self-life model ([0036] - The use of data tables in the preferred embodiment enable the shelf life calculations that are linear, exponential or do not conform at all to Arrhenius equations, for example for products such as bio-medical and industrial adhesives, whose spoilage rates are different at frozen temperature ranges, whose shelf life is influenced by prior temperature history or whose shelf life spoilage rates are different at different humidity ranges. Additionally the data tables allow user fine-tuning of selected temperature ranges).
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 1, above.
Regarding Claim 3;
Lowenstein in view of Bodin and Pope discloses the system to Claim 1.
Bodin further teaches wherein RF reader tracking device updates to said ID label and/or said remote or Internet database of said perishable with shelf-life status data ([0048] - Control application 220 stores mass footprint data, mass sensor data, item identification data, and meta information for each item stored in storage unit 200 in a local database 235 and/or remote databases, such as remote databases) 140 in FIG. 1).
Similar rational is noted for the combination of Bodin to Lowenstein in view of Bodin and Pope, as per claim 1, above.
Regarding Claim 4;
Lowenstein in view of Bodin and Pope discloses the system to Claim 1.
Lowenstein further discloses wherein said container is a shelf, case, pallet, vat, reefer, refrigerator, display case, room. Dispensing container, cosmetics case, medicine cabinet, or other temperature sensitive space. (FIG. 1 and FIG. 11 and [0008] - refrigerators and [0070] – door).
Regarding Claim 5;
Lowenstein in view of Bodin and Pope discloses the system to Claim 1.
Lowenstein further discloses wherein shelf life monitoring of perishables inside of the container is by zone location ([0034] – Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B.)
Regarding Claim 6;
Lowenstein in view of Bodin and Pope discloses the system to Claim 1.
Lowenstein further discloses wherein said RF reader tracking device comprises a computing device, and RF reader, RF communications software and RF condition monitoring and interference software ([0018]-[0019] and [0034]-[0037]).
Regarding Claim 7;
Lowenstein in view of Bodin and Pope discloses the system to Claim 1.
Pope further teaches wherein shelf-life calculation for each of the plurality of perishables is represented as a percentage of life "-left" and "-used" and is based upon the life of the perishable as starting at 100 and ending at 0,the perishable quality use-by end of life, of the perishable and wherein shelf-life is calculated by the RF sensor condition monitoring device at each periodic sensing interval using said perishable shelf-life model and sensed temperature, and wherein calculated shelf-life at each sensing interval represents a percentage of shelf-life-used for the sensing interval and a percentage of shelf-life-left from sensing interval to perishable end-of-life, said percentage of shelf-life-left optionally converted to number of days and hours left at the status temperature ([0036] - Additionally the data tables allow user fine-tuning of selected temperature ranges and [0053] - The system is preferably configured to sense, then summarize data in the sensor memory (shelf life % left, hi/lo temperature thresholds exceeded, time elapse exceeded), then look for exceptions by comparing the summary to conditions preconfigured by the user and finally to alert user that all is ok or not).
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 1, above.
Regarding Claim 8;
Lowenstein in view of Bodin and Pope discloses the system to Claim 1.
Lowestein discloses wherein a confidence factor for the... inferred shelf life used is calculated during time away is calculated using time duration away... shelf-life left at exit, and date times that were saved in the ID label of the perishable or sent to the [database] whiel the perishables was away. ([0018]-[0019]).
Bodin further teaches “shelf life” ...using ... temperature at exit and return... and Internet cloud ([0048] and [0105] - In another example, temperature sensors are automatically activated to obtain and transmit temperature readings in a predetermined period of time after a door to refrigerator 400 has been opened and closed and [0163]).
Similar rational is noted for the combination of Bodin to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Pope further teaches wherein a confidence factor for percentage of inferred shelf life used... is calculated using... the number of temperature sensing and date and times saved in the ID label... (Abstract and [0055] - The sensor 16 periodically measures time and temperature and determines freshness based on past history and calculation based on spoilage rate tables or formulas. The freshness status is updated and stored in a memory location that is accessible by a RFID reader communicating with the RFID chip 14 independent of the sensor 16 and Table 1)
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Regarding Claim 31;
Lowenstein discloses an RF sensor condition monitoring and inference system configured to track the shelf-life of a perishable or of one or more perishables associated with a group, batchlot, or container of perishables, and to infer the ... shelf-life-used for a perishable whose monitoring has paused and subsequently resumed, or for a perishable which has moved away and returns to the group or container, or returns to another group or container ([0018] - In this case, the event manager will record the current time the pharmaceutical product container was added to the refrigerator, calculate a time out of refrigeration value for the pharmaceutical product container based on the current time and a removal time value stored in the local database, and increment a counter or database item configured to track the total accumulated time out of refrigeration for the container , the system comprising:
a perishable item having an attached barcode, or RFID ID label, preferably with an associated batchlot number, an RF sensor condition monitoring device (FIG. 1 and [0012] and [0034] - ... one or more pharmaceutical product containers (shown in FIG. 1 as vaccine vials 102A and 102B) embedded with transponders configured to transmit self-identifying signals),
comprising RF transponder and sensor modules, each with memory, communicatively coupled, for identifying, sensing, monitoring and inferring shelf-life (FIG. 1 and [0012] - In some embodiments of the invention, for instance, an RFID reader and antenna are used to detect and decode a unique identifier (called a "tag") transmitted from a transponder embedded in the pharmaceutical product container and [0034] - Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0034]- Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0036]), and
a RF reader tracking device, comprising a computing device, memory, and RF reader, for communicating with said barcode, or RFID labels, said RF sensor condition monitoring devices, and a database (FIG. 1 and [0010]-[0011] and [0012] - In some embodiments of the invention, for instance, an RFID reader and antenna are used to detect and decode a unique identifier (called a "tag") transmitted from a transponder embedded in the pharmaceutical product container and [0034] - Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0034]- Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0036]).
Lowestein fails to explicitly disclose
...the percentage of shelf-life used...
...a remote or Internet database...
However, in an analogous art, Bodin teaches a remote or Internet database ([0048] - Control application 220 stores mass footprint data, mass sensor data, item identification data, and meta information for each item stored in storage unit 200 in a local database 235 and/or remote databases , such as remote databases) 140 in FIG. 1)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Bodin to the system of Lowenstein to include a remote or Internet database.
One would have been motivated to combine the teachings of Bodin to Lowenstein to do so as it provides / allows to determine an optimal temperature for storing perishable items in order to prevent/slow spoilage and decay of those perishable items (Bodin, [0007]).
Further, in an analogous art, Pope teaches the percentage of shelf life used ([0036] - Additionally the data tables allow user fine-tuning of selected temperature ranges and [0053] - The system is preferably configured to sense, then summarize data in the sensor memory (shelf life % left, hi/lo temperature thresholds exceeded, time elapse exceeded), then look for exceptions by comparing the summary to conditions preconfigured by the user and finally to alert user that all is ok or not).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Pope to the system of Lowenstein and Bodin to include the percentage of shelf life used.
One would have been motivated to combine the teachings of Pope to Lowenstein in view of Bodin to do so as it provides / allows RF technology for the communication of precision, temperature-dependent shelf-life and other time-dependent sensor monitoring of perishable products (Pope, [0009]).
Regarding Claim 32;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Lowenstein further discloses wherein the RF sensor condition monitoring device is an RF condition monitoring tag having a RF transponder module, a sensor module comprising one or more sensors, an optional battery, visual, light, or audio indicator ([0017] - Some embodiments of the invention will also send a message to this effect to an output device, such as a display screen, speaker or printer and [0034]-[0037] - antenna), and a two-way communications interface for communicating to and from RF transponder and sensor modules and RF reader, said RF reader capable of communicating to RF sensor condition monitoring devices, RFID labels and [database] (FIG. 1 and [0010]-[0011]
Bodin further teaches internet cloud ([0048] - Control application 220 stores mass footprint data, mass sensor data, item identification data, and meta information for each item stored in storage unit 200 in a local database 235 and/or remote databases , such as remote databases) 140 in FIG. 1).
Similar rational is noted for the combination of Bodin to Lowenstein in view of Bodin and Pope, as per claim 1, above.
Regarding Claim 33;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Pope further teaches wherein the RF condition monitoring device comprises a freshness determining module comprising one or more shelf-life determining tables, algorithms or equations for calculating shelf-life of one or more perishables at a user specified sensing interval, said shelf-life expressed as percentage of shelf-life-used for the sensing interval and percentage of shelf-life-left until perishable end-of-life, said shelf-life determining table or algorithm using an Arrhenius, linear, exponential, or experiential shelf-life spoilage model for calculating shelf-life of said one or more perishables ([0036] - The use of data tables in the preferred embodiment enable the shelf life calculations that are linear, exponential or do not conform at all to Arrhenius equations, for example for products such as bio-medical and industrial adhesives, whose spoilage rates are different at frozen temperature ranges, whose shelf life is influenced by prior temperature history or whose shelf life spoilage rates are different at different humidity ranges. Additionally the data tables allow user fine-tuning of selected temperature ranges);
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Regarding Claim 35;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Pope further teaches wherein shelf-life calculation for each of the plurality of perishables is represented as a percentage of life "-left" and "-used" and is based upon the life of the perishable as starting at 100 and ending at 0, the perishable quality end of life, and wherein shelf-life is calculated by the RF sensor condition monitoring device at each periodic sensing interval using said perishable shelf-life model and sensed temperature, and wherein calculated shelf-life at each sensing interval represents the percentage of shelf-life-used for the sensing interval and percentage of shelf-life-left from sensing interval to perishable end- of-life, said percentage of shelf-life-left optionally converted to number of days and hours left at the status temperature ([0036] - Additionally the data tables allow user fine-tuning of selected temperature ranges and [0053] - The system is preferably configured to sense, then summarize data in the sensor memory (shelf life % left, hi/lo temperature thresholds exceeded, time elapse exceeded), then look for exceptions by comparing the summary to conditions preconfigured by the user and finally to alert user that all is ok or not);
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 1, above.
Regarding Claim 36;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Lowenstein further discloses wherein the RF sensor condition monitoring device is a long tag as described in Burchell 622 in which one or more sensors are physically apart from said tag's RF transponder, optional battery and indicator, said separation used for monitoring one or more perishables inside a container ([0035]-[0037] - Processor compartment 114 comprises a reader 136, event monitor 138, event manager 140, local database 144, re-ordering file 142 and network interface 146. Reader 136 is an event-driven RFID reader, whose primary function is to collect, decode and pass on information transmitted to the antennas 105A and 105B by the transponders embedded in vials 102A and 102B. RFID readers and antennas suitable for these purposes may be obtained, for example, from Tagsys, USA (www.tagsysrfid.com), located in Doylestown, Pa.) and for RF transponder located on the outside of container used for communicating to RF reader ([0042] - The embodiment of the invention shown in FIG. 1 also includes an external reader 160, external antennas 146 and 148, and disposal 150. External reader 160 and antenna 146 will detect and read self-identifying signals produced by transponders attached to pharmaceutical product containers that are located outside of cold storage compartment 110, but which are still within the read zone of antenna 146. External reader 160 and external antenna 146 are provided so that a human operator can easily obtain pertinent details concerning individual product containers without putting those individual product containers into cold storage compartment 110).
Regarding Claim 38;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Lowenstein further discloses comprising shelf-life monitoring and inference software running in one or more of said RF sensor condition monitoring devices, said RF reader tracking devices, or said Internet cloud for reading ID and data from or writing ID and data to RFID labels and for writing perishable ID, sensor setup data, shelf-life models, and other data about the perishable into and for reading perishable status, history and other data about the perishable from an RF sensor condition monitoring device ([0018]-[0019] and [0034]-[0037]).
Regarding Claim 39;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Pope further teaches wherein the RF sensor condition monitoring device updates temperature and shelf-life status at each sensing interval, said temperature and shelf-life status comprising the value of last temperature sensed, percentage of shelf-life-left, time, temperature and life alerts, and other data for each of said perishables monitored, and wherein temperature and shelf-life status updates halt when sensing is halted and status updates resume when sensing resume ([0036] - Additionally the data tables allow user fine-tuning of selected temperature ranges and [0053] - The system is preferably configured to sense, then summarize data in the sensor memory (shelf life % left, hi/lo temperature thresholds exceeded, time elapse exceeded), then look for exceptions by comparing the summary to conditions preconfigured by the user and finally to alert user that all is ok or not and [0049] - The sensor 16 preferably performs its sensing operations at intervals specified by the user. As illustrated at FIGS. 3-7, the sensor is battery operated. To conserve battery power, the sensor 16 sleeps between sensing intervals. At the predetermined sensor interval, the sensor wakes up, acquires the sensor data and analyzes the sensor data to determine exception conditions. For example it preferably calculates the percentage of product life used for the time interval);
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Regarding Claim 40;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Lowestein discloses wherein a confidence factor for the inferred shelf life used is calculated using time away, shelf-life left at exit by a RF reader tracking device, ... timestamp saved as status in said RFID labels of said one or multiple perishables or sent to the [database] while the perishables were away or sensing was paused ([0018]-[0019]).
Bodin further teaches “shelf life” ...using ... temperature at exit and return... and internet cloud ([0048] and [0105] - In another example, temperature sensors are automatically activated to obtain and transmit temperature readings in a predetermined period of time after a door to refrigerator 400 has been opened and closed and [0163]).
Similar rational is noted for the combination of Bodin to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Pope further teaches wherein a confidence factor for the inferred shelf life used is calculated using... the number of temperature sensings taken by a RF reader tracking device... said temperature readings and timestamp saved as status in said RFID labels (Abstract and [0055] - The sensor 16 periodically measures time and temperature and determines freshness based on past history and calculation based on spoilage rate tables or formulas. The freshness status is updated and stored in a memory location that is accessible by a RFID reader communicating with the RFID chip 14 independent of the sensor 16 and Table 1)
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Regarding Claim 43;
Lowenstein in view of Bodin and Pope discloses the system to Claim 32.
Lowestein discloses where the visual, light and audio indicator is an LED, LCD, OLED, audio sounds, photo detector, pattern detector, luminance detector or sound detector ([0017]- Some embodiments of the invention will also send a message to this effect to an output device, such as a display screen, speaker or printer)
Regarding Claim 45;
Lowenstein discloses an RF sensor condition monitoring and inference system for tracking shelf-life of one or more perishables that are intermittently monitored throughout their respective lives, wherein [data] sensed is used by shelf-life model of said one or more perishables to calculate ... shelf-life-used and ... of shelf-life-left for said one or more perishables for a sensor interval monitored, and wherein when [data] sensing has paused, shelf-life is inferred for the time durations when the perishable is not monitored, said system comprising ([0018] - In this case, the event manager will record the current time the pharmaceutical product container was added to the refrigerator, calculate a time out of refrigeration value for the pharmaceutical product container based on the current time and a removal time value stored in the local database, and increment a counter or database item configured to track the total accumulated time out of refrigeration for the container , the system comprising:
one or more perishables having an attached barcode or RFID labels (FIG. 1 and [0012] and [0034] - ... one or more pharmaceutical product containers (shown in FIG. 1 as vaccine vials 102A and 102B) embedded with transponders configured to transmit self-identifying signals),
one or more RF sensor condition monitoring devices sensing, monitoring and inferring shelf-life comprising
a RF reader tracking device, comprising a computing device, memory, and RF reader, for communicating with said barcode, or RFID labels, said RF sensor condition monitoring devices, and a database (FIG. 1 and [0010]-[0011] and [0012] - In some embodiments of the invention, for instance, an RFID reader and antenna are used to detect and decode a unique identifier (called a "tag") transmitted from a transponder embedded in the pharmaceutical product container and [0034] - Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0034]- Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0036]).
Lowestein fails to explicitly disclose
wherein temperature sensed is used by shelf-life model of said one or more perishables to calculate percentage of shelf-life-used and percentage of shelf-life-left for said one or more perishables for a sensor interval monitored, and wherein when temperature sensing has paused, shelf-life is inferred for the time durations when the perishable is not monitored...;
...a remote or Internet database...
However, in an analogous art, Bodin teaches a remote or Internet database ([0048] - Control application 220 stores mass footprint data, mass sensor data, item identification data, and meta information for each item stored in storage unit 200 in a local database 235 and/or remote databases , such as remote databases) 140 in FIG. 1)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Bodin to the system of Lowenstein to include a remote or Internet database.
One would have been motivated to combine the teachings of Bodin to Lowenstein to do so as it provides / allows to determine an optimal temperature for storing perishable items in order to prevent/slow spoilage and decay of those perishable items (Bodin, [0007]).
Further, in an analogous art, Pope teaches wherein temperature sensed is used by shelf-life model of said one or more perishables to calculate percentage of shelf-life-used and percentage of shelf-life-left for said one or more perishables for a sensor interval monitored and use of temperature ([0036] and [0038] - FIG. 3 schematically illustrates an active RF/sensor sensor including a battery in accordance with a first embodiment. A chip 6 having RFID and sensor components is energized by a battery 8 that is resident on the sensor. In each of the embodiments described with reference to FIGS. 1-12, the sensor is provided preferably in a substantially planer label attached to affected or perishable products that monitor the product integrity, usability and safety of a product or an environment in conjunction with a RF transponder or other radio frequency identification (RFID) system used to track and trace products or monitor an environment or in conjunction with an RF communication interface such as Bluetooth or Zigbee. In the case of perishable products, the sensors may include temperature, shelf life (the integration of time and temperature), humidity, vibration, shock and other sensors that determine how well the quality of a perishable has been maintained. In the case of non-perishable products, sensors may include the above mentioned sensors plus product specific sensors that monitor the wear and tear on a particular product).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Pope to the [data] sensed is used by shelf-life model of said one or more perishables to calculate ... shelf-life-used and ... of shelf-life-left for said one or more perishables for a sensor interval monitored, and wherein when [data] sensing has paused, shelf-life is inferred for the time durations when the perishable is not monitored of Lowenstein and Bodin to include use of temperature for wherein temperature sensed is used by shelf-life model of said one or more perishables to calculate percentage of shelf-life-used and percentage of shelf-life-left for said one or more perishables for a sensor interval monitored.
One would have been motivated to combine the teachings of Pope to Lowenstein in view of Bodin to do so as it provides / allows RF technology for the communication of precision, temperature-dependent shelf-life and other time-dependent sensor monitoring of perishable products (Pope, [0009]).
Regarding Claim 46;
Lowenstein in view of Bodin and Pope discloses the system to Claim 45.
Lowestein further discloses wherein the RF sensor condition monitoring device is an RF condition monitoring tag as described in Medin 669, Pope 558 and Burchell 622, having a RF transponder module, a sensor module comprising one or more sensors, an optional battery and visual or audio indicator ([0017] - Some embodiments of the invention will also send a message to this effect to an output device, such as a display screen, speaker or printer and [0034]-[0037] - antenna), and a two-way communications interface for communicating to and from RF transponder and sensor modules and RF reader, said RF reader capable of communicating to RF sensor condition monitoring devices, RFID labels and [database] (FIG. 1 and [0010]-[0011]
Bodin further teaches internet cloud ([0048] - Control application 220 stores mass footprint data, mass sensor data, item identification data, and meta information for each item stored in storage unit 200 in a local database 235 and/or remote databases , such as remote databases) 140 in FIG. 1).
Similar rational is noted for the combination of Bodin to Lowenstein in view of Bodin and Pope, as per claim 1, above.
Regarding Claim 47;
Lowenstein in view of Bodin and Pope discloses the system to Claim 45.
Lowestein further discloses wherein the RF sensor condition monitoring device is a long tag as described in Burchell 622 in which one or more sensors are physically apart from said tag's RF transponder, optional battery and indicator, said separation used for monitoring one or more perishables inside a container ([0035]-[0037] - Processor compartment 114 comprises a reader 136, event monitor 138, event manager 140, local database 144, re-ordering file 142 and network interface 146. Reader 136 is an event-driven RFID reader, whose primary function is to collect, decode and pass on information transmitted to the antennas 105A and 105B by the transponders embedded in vials 102A and 102B. RFID readers and antennas suitable for these purposes may be obtained, for example, from Tagsys, USA (www.tagsysrfid.com), located in Doylestown, Pa.) and for RF transponder located on the outside of container used for communicating to RF reader ([0042] - The embodiment of the invention shown in FIG. 1 also includes an external reader 160, external antennas 146 and 148, and disposal 150. External reader 160 and antenna 146 will detect and read self-identifying signals produced by transponders attached to pharmaceutical product containers that are located outside of cold storage compartment 110, but which are still within the read zone of antenna 146. External reader 160 and external antenna 146 are provided so that a human operator can easily obtain pertinent details concerning individual product containers without putting those individual product containers into cold storage compartment 110).
Regarding Claim 48;
Lowenstein in view of Bodin and Pope discloses the system to Claim 45.
Pope further teaches wherein the RF condition monitoring device comprises a freshness determining module comprising one or more shelf-life determining tables, algorithms or equations for calculating shelf-life of one or more perishables at a user specified sensing interval, said shelf-life expressed as percentage of shelf-life-used for the sensing interval and percentage of shelf-life-left until perishable end-of-life, said shelf-life determining table or algorithm using an Arrhenius, linear, expontial-linear or experiential shelf-life spoilage model for calculating shelf-life of said one or more perishables ([0036] - The use of data tables in the preferred embodiment enable the shelf life calculations that are linear, exponential or do not conform at all to Arrhenius equations, for example for products such as bio-medical and industrial adhesives, whose spoilage rates are different at frozen temperature ranges, whose shelf life is influenced by prior temperature history or whose shelf life spoilage rates are different at different humidity ranges. Additionally the data tables allow user fine-tuning of selected temperature ranges).
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 1, above.
Regarding Claim 49;
Lowenstein in view of Bodin and Pope discloses the system to Claim 45.
Pope further teaches wherein shelf-life calculation for each of the plurality of perishables is represented as a percentage of life "-left" and "-used" and is based upon the life of the perishable as starting at 100 and ending at 0, the perishable quality end of life, and wherein shelf-life is calculated by the RF sensor condition monitoring device at each periodic sensing interval using said perishable shelf-life model and sensed temperature, and wherein calculated shelf-life at each sensing interval represents the percentage of shelf-life-used for the sensing interval and percentage of shelf-life-left from sensing interval to perishable end- of-life, said percentage of shelf-life-left optionally converted to number of days and hours left at the status temperature ([0036] - Additionally the data tables allow user fine-tuning of selected temperature ranges and [0053] - The system is preferably configured to sense, then summarize data in the sensor memory (shelf life % left, hi/lo temperature thresholds exceeded, time elapse exceeded), then look for exceptions by comparing the summary to conditions preconfigured by the user and finally to alert user that all is ok or not);
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 1, above.
Regarding Claim 50;
Lowenstein in view of Bodin and Pope discloses the system to Claim 45.
Lowestein discloses wherein a confidence factor for the inferred shelf life used is calculated using time away, shelf-life left at exit by a RF reader tracking device, ... timestamp saved as status in said RFID labels of said one or multiple perishables or sent to the [database] while the perishables were away or sensing was paused ([0018]-[0019]).
Bodin further teaches “shelf life” ...using ... temperature at exit and return... and internet cloud ([0048] and [0105] - In another example, temperature sensors are automatically activated to obtain and transmit temperature readings in a predetermined period of time after a door to refrigerator 400 has been opened and closed and [0163]).
Similar rational is noted for the combination of Bodin to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Pope further teaches wherein a confidence factor for the inferred shelf life used is calculated using... the number of temperature sensings taken by a RF reader tracking device... said temperature readings and timestamp saved as status in said RFID labels (Abstract and [0055] - The sensor 16 periodically measures time and temperature and determines freshness based on past history and calculation based on spoilage rate tables or formulas. The freshness status is updated and stored in a memory location that is accessible by a RFID reader communicating with the RFID chip 14 independent of the sensor 16 and Table 1)
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Regarding Claim 51;
Lowenstein in view of Bodin and Pope discloses the [sic] method to Claim 31.
Lowestein further disclose the method ... for tracking shelf-life of one or more perishables that are intermittently monitored throughout their respective lives, the method comprising (Abstract): attaching an identification (ID) label to a perishable or one or more perishables in a group of perishables (FIG. 1 and [0012] and [0034] - ... one or more pharmaceutical product containers (shown in FIG. 1 as vaccine vials 102A and 102B) embedded with transponders configured to transmit self-identifying signals); attaching an RF sensor condition monitoring device to a perishable or one or more RF sensor condition monitoring devices to one or more perishables in a group or container of perishables, wherein said ID and shelf-life models for each of a plurality of the perishables are stored in the RF- sensor condition monitoring device and in a [database] (FIG. 1 and [0010]-[0011] and [0012] - In some embodiments of the invention, for instance, an RFID reader and antenna are used to detect and decode a unique identifier (called a "tag") transmitted from a transponder embedded in the pharmaceutical product container and [0034] - Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0034]- Positioned on, near or within the shelves are RFID antennas 105A and 105B, which are configured so that their radio-frequency reception ranges (or "read zones") encompass any tagged containers placed on shelves 116A and 116B. Consequently, when vials 102A and 102B are placed on shelves 116A and 116B, antennas 105A and 105B will detect the self-identifying radio frequency signals generated by the transponders attached to or embedded in vials 102A and 102B and [0036]), starting the sensing of said one or more RF-sensor condition monitoring devices ([0018]-[0019]); when RF-sensor condition monitoring device sensing is paused, shelf life calculations are paused until sensing is resumed and [data] is taken, time is verified and inferred ... shelf-life-used and -left, and inferred shelf-life confidence factor are calculated, and written into RF transponder memory as inferred status and stored in device history ([0018]-[0019] - In this case, the event manager will record the current time the pharmaceutical product container was added to the refrigerator, calculate a time out of refrigeration value for the pharmaceutical product container based on the current time and a removal time value stored in the local database, and increment a counter or database item configured to track the total accumulated time out of refrigeration for the container. and [0034]-[0037] - Thus, in some embodiments of the present invention, event monitor 138 will generate an event-identifying code in response to the reader 136 detecting that a tagged pharmaceutical product container (such as vial 102A) is currently located inside or has been added to or removed from cold storage compartment 110); when perishable with ID label moves out of a group or container, RF reader tracking device sends command to RF-sensor condition monitoring device to pause shelf life calculations for perishable ID until notified that perishable is returned to group or container and to indicate in shelf- life status that perishable ID is away ([0018]-[0019] - In this case, the event manager will record the current time the pharmaceutical product container was added to the refrigerator, calculate a time out of refrigeration value for the pharmaceutical product container based on the current time and a removal time value stored in the local database, and increment a counter or database item configured to track the total accumulated time out of refrigeration for the container. and [0034]-[0037] - Thus, in some embodiments of the present invention, event monitor 138 will generate an event-identifying code in response to the reader 136 detecting that a tagged pharmaceutical product container (such as vial 102A) is currently located inside or has been added to or removed from cold storage compartment 110); when RF-sensor condition monitoring device status is read by RF reader, inferred status data is transmitted to said [database] and optionally written into RFID ID labels of said perishables ([0018]-[0019])
Bodin further teaches remote or Internet database ([0048] and [0105] - In another example, temperature sensors are automatically activated to obtain and transmit temperature readings in a predetermined period of time after a door to refrigerator 400 has been opened and closed and [0163]).
Similar rational is noted for the combination of Bodin to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Pope further teaches [concepts of percentage of shelf-life-used and -left status] and furhter at user defined sensing intervals, said RF-sensor condition monitoring device, senses temperature and calculates percentage of shelf-life-used and -left status and stores status in RF transponder memory and in sensor history ([0036] - Additionally the data tables allow user fine-tuning of selected temperature ranges and [0053] - The system is preferably configured to sense, then summarize data in the sensor memory (shelf life % left, hi/lo temperature thresholds exceeded, time elapse exceeded), then look for exceptions by comparing the summary to conditions preconfigured by the user and finally to alert user that all is ok or not and [0049] - The sensor 16 preferably performs its sensing operations at intervals specified by the user. As illustrated at FIGS. 3-7, the sensor is battery operated. To conserve battery power, the sensor 16 sleeps between sensing intervals. At the predetermined sensor interval, the sensor wakes up, acquires the sensor data and analyzes the sensor data to determine exception conditions. For example it preferably calculates the percentage of product life used for the time interval); when temperature and shelf-life status is read by an RF reader tracking device, status data is transmitted to remote or Internet database and optionally written into RFID ID labels of said perishables ([0036] and [0038] - FIG. 3 schematically illustrates an active RF/sensor sensor including a battery in accordance with a first embodiment. A chip 6 having RFID and sensor components is energized by a battery 8 that is resident on the sensor. In each of the embodiments described with reference to FIGS. 1-12, the sensor is provided preferably in a substantially planer label attached to affected or perishable products that monitor the product integrity, usability and safety of a product or an environment in conjunction with a RF transponder or other radio frequency identification (RFID) system used to track and trace products or monitor an environment or in conjunction with an RF communication interface such as Bluetooth or Zigbee. In the case of perishable products, the sensors may include temperature, shelf life (the integration of time and temperature), humidity, vibration, shock and other sensors that determine how well the quality of a perishable has been maintained. In the case of non-perishable products, sensors may include the above mentioned sensors plus product specific sensors that monitor the wear and tear on a particular product)
Similar rational is noted for the combination of Pope to Lowenstein in view of Bodin and Pope, as per claim 31, above.
Claim(s) 34 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lowenstein (US 2010/0275625 A1) in view of Bodin et al. (US 2008/0047282 A1) and Pope et al. (US 2005/0248455 A1) and further in view of Higgins (WO 2011/092461 A2).
Regarding Claim 34;
Lowenstein in view of Bodin and Pope discloses the system to Claim 33.
Lowestein further teaches ... wherein the RF reader tracking device notifies the RF sensor condition monitoring ([0034]-[0037]).
Lowenstein in view of Bodin and Pope wherein the monitored perishable has two shelf-life modules, a first model calculating shelf-life-used prior to the perishable being opened, and a second model calculating shelf-life-used after the item has been opened, and [notifies] that said perishable item has been opened.
However, in an analogous art, Higgins teaches wherein the monitored perishable has two shelf-life modules, a first model calculating shelf-life-used prior to the perishable being opened, and a second model calculating shelf-life-used after the item has been opened, and [notifies] that said perishable item has been opened (pg. 1, lines 10-20).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Higgins to the RF reader tracking device notifies the RF sensor condition monitoring of Lowenstein in view of Bodin and Pope to include the concept of wherein the monitored perishable has two shelf-life modules, a first model calculating shelf-life-used prior to the perishable being opened, and a second model calculating shelf-life-used after the item has been opened, and [notifies] that said perishable item has been opened
One would have been motivated to combine the teachings of Higgins to Lowenstein in view of Bodin and Pope to do so as it provides / allows to provide an elapsed time indicator (p 1, lines 4-6).
Claim(s) 37 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lowenstein (US 2010/0275625 A1) in view of Bodin et al. (US 2008/0047282 A1) and Pope et al. (US 2005/0248455 A1) and further in view of Beer et al. (US 2008/0121724 A1).
Regarding Claim 37;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Lowenstein in view of Bodin and Pope fail to exactly disclose wherein the RF sensor condition monitoring is a liner.
However, in an analogous art, Beer teaches wherein the RF sensor condition monitoring is a liner ([0039] - One particular aspect of the invention relates to the use of these devices for lifting off and mounting RF TAG chips with an integrated RF antenna on a liner).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Beer to the system of Lowenstein in view of Bodin and Pope to include wherein the RF sensor condition monitoring is a liner
One would have been motivated to combine the teachings of Beer to Lowenstein in view of Bodin and Pope to do so as it provides / allows to introduce semiconductor chips cost effectively in liners in a reliable manner at a high throughput rate and a mounting method using a device of this type (Beer, [0013]).
Claim(s) 41 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lowenstein (US 2010/0275625 A1) in view of Bodin et al. (US 2008/0047282 A1) and Pope et al. (US 2005/0248455 A1) and further in view of Lyons et al. (US 2012/0130889 A1).
Regarding Claim 41;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Lowenstein further discloses sensor shelf-life monitoring device (FIG. 1 and Abstract).
Lowenstein in view of Bodin and Pope fail to explicitly disclose wherein the RF reader tracking device is a smartphone configured to communicate with the RFID label and the RF ... via NFC.
However, in an analogous art, Lyons teaches wherein the RF reader tracking device is a smartphone configured to communicate with the RFID label and the RF ... via NFC ([0045]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Lyons to the system of Lowenstein in view of Bodin and Pope to include wherein the RF reader tracking device is a smartphone configured to communicate with the RFID label and the RF ... via NFC.
One would have been motivated to combine the teachings of Lyons to Lowenstein in view of Bodin and Pope to do so as it provides / allows to quickly and easily initiate a ... transaction (Lyons, [0004]).
Claim(s) 42 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lowenstein (US 2010/0275625 A1) in view of Bodin et al. (US 2008/0047282 A1) and Pope et al. (US 2005/0248455 A1) and further in view of Reznik (US 2007/02217274 A1).
Regarding Claim 42;
Lowenstein in view of Bodin and Pope discloses the system to Claim 31.
Lowenstein in view of Bodin and Pope fail to explicitly disclose wherein the RF air interface protocol of the RFID label, RF sensor condition monitoring device and the RF reader is ultra high frequency (UHF), high frequency (HF), near field communication (NFC) or Bluetooth (BLE).
However, in an analogous art, Reznik teaches wherein the RF air interface protocol of the RFID label, RF sensor condition monitoring device and the RF reader is ultra high frequency (UHF), high frequency (HF), near field communication (NFC) or Bluetooth (BLE) ([0036]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Reznik to the system of Lowenstein in view of Bodin and Pope to include wherein the RF air interface protocol of the RFID label, RF sensor condition monitoring device and the RF reader is ultra high frequency (UHF), high frequency (HF), near field communication (NFC) or Bluetooth (BLE)
One would have been motivated to combine the teachings of Reznik to Lowenstein in view of Bodin and Pope to do so as it provides / allows to provide short, mid and long reading ranges (Reznik, [0032]).
Claim(s) 44 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lowenstein (US 2010/0275625 A1) in view of Bodin et al. (US 2008/0047282 A1) and Pope et al. (US 2005/0248455 A1) and further in view of Merchan et al. (US 2010/0026461 A1).
Regarding Claim 44;
Lowenstein in view of Bodin and Pope discloses the system to Claim 32.
Lowestein discloses, ... status and data about the perishable... (Abstract).
Lowenstein in view of Bodin and Pope fail to explicitly disclose wherein a parent RF sensor condition monitoring device is configured to inherit ... data ... to at least one of a daughter RF sensor condition monitoring device and/or ID label.
However, in an analogous art, Merchan teaches wherein a parent RF sensor condition monitoring device is configured to inherit ... data ... to at least one of a daughter RF sensor condition monitoring device and/or ID label ([0040]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Merhcant to the system of Lowenstein in view of Bodin and Pope to include wherein a parent RF sensor condition monitoring device is configured to inherit ... data ... to at least one of a daughter RF sensor condition monitoring device and/or ID label
One would have been motivated to combine the teachings of Merchan to Lowenstein in view of Bodin and Pope to do so as it provides / allows to uniquely identify items (Merchan, [0004]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1, 31, and 45 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 9,710,754. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 U.S. Patent No. 9,710,754 recites a system for tracking the shelf life status of one or more perishables removed from and/or returned to a container, containing a plurality of perishables, said system comprising: an ID label associated with each of said plurality of perishables; one or more sensors in the container operative at periodic sensing periods to sense the temperature of each of said plurality of perishables in a container; a tracking device, communicatively coupled to said container operative to calculate and/or record at each periodic sensing the shelf life status of said plurality of perishables in the container using the sensed temperature and responsive to the movement of a perishable exiting said container to calculate and/or record the exit shelf life status for the associated perishable based upon the exit temperature of the perishable, the elapsed time since last sensing and spoilage characteristics of said perishable; said perishable being moved to a position where there is no temperature monitoring; said tracking device being operative to sense the temperature of said perishable entering a container, calculate the shelf life, using the temperature sensed and the spoilage characteristics of the perishable for the time that the perishable was not temperature monitored, and subtract an away freshness shelf life status, which is defined by the time the perishable was not temperature monitored, from said exiting shelf life status, wherein the difference identifies the amount of remaining shelf life if greater than zero. The examiner notes the emphasized features noted, above, anticipate the limitations found in Claim 1, 31, and 45 of the instant Application. Therefore, claim(s) 1, 31, and 45 is/are rejected on the ground of nonstatutory double patenting
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 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 ASFAND M SHEIKH whose telephone number is (571)272-1466. The examiner can normally be reached Mon-Fri: 7a-3p (MDT).
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/ASFAND M SHEIKH/ Primary Examiner, Art Unit 3626
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