Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to 18425805 filed on January 29, 2024.
Claims 1-20 are pending.
Information Disclosure Statement
As required by M.P.E.P. 609(C), the applicant’s submissions of the Information Disclosure Statements dated April 18, 2024 and July 16, 2025 are acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P 609, a copy of the PTOL-1449 initialed and dated by the examiner is attached to the office action.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 8-11, 14, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US20190186817A1) in further view of H et al., (US20130091873A1).
Regarding claim 1, Hwang teaches a method for controlling one or more environmental parameters of a food storage area … the method comprising:
capturing video of a food storage area … using a video camera (the system 300 includes a refrigerator 302 ... camera 310, a controller 311 … for taking pictures, videos … As shown in FIG. 4, operation 402 of method 400 includes actively scanning for food items … operation 404 includes detecting a first type of food item added to a first compartment of a refrigerator)([0037], [0039], [0048], and [0050]);
identifying a food item in the captured video of the food storage area (operation 404 includes detecting a first type of food item added to a first compartment of a refrigerator ... image recognition software may be used to evaluate a feed (e.g., input) from the digital camera such that certain food items may be detected)([0050] and [0052]);
identifying one or more ideal food storage environmental parameters for the identified food item (operation 406 includes determining an ideal storage temperature associated with the type of food item added to the first compartment … ideal storage temperature may be determined by accessing a lookup table in memory of the refrigerator)([0053]);
controlling the environmental … in accordance with the one or more ideal food storage environmental parameters … (method 400 further includes adjusting an ambient storage temperature in the first compartment to substantially match the ideal storage temperature associated with the first type of food item. See operation 408 ... the temperature is actually adjusted in each of the compartments may vary depending on the approach, and may implement using baffling, fans, multiple cooling units, etc.)([0056]).
Although Hwang discloses processing (i.e., identifying) occurs at the video camera (i.e., processor) (the method 400 may be partially or entirely performed by a controller, a processor, etc.)([0047]). Hwang differs from the claim in that Hwang fails to teach controlling in a food storage area of a facility by transmitting identified storage parameters from a processor to an environmental control system.
However, controlling environmental parameters in a food storage area of a facility by transmitting identified storage parameters from a processor to an environmental control system is taught by H (FIG. 1 shows a typical cold chain 100 for an exemplary good ... The warehouse 120 can be integrated with the factory 125 or separate ...Throughout the entire cold chain 100, each container ... provide the proper environment for the goods ... FIG. 2 shows a construction of an environmentally-controlled environment 200 ... e.g., a walk-in cooler ... an environment controller (EC) 220 ... and an environment implementation system (EIS) 230 (e.g., a refrigeration unit, a humidor, a heater, etc.) ... Based on the information obtained ... the environment controller 220 controls the environment implementation system 230 ... FIG. 3 shows an embodiment of the operation 300 of an environmentally-controlled environment 200 for goods entering and leaving the environment)([0013], [0015], [0016], [0018], and [0021]; Figure 4 – a controlling environmental parameters in a food storage area of a facility based on transmissions of identified storage parameters is shown).
The examiner notes Hwang and H teach controlling storage environmental parameters. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang to include the controlling of H such that environmental parameters in a food storage area of a facility are controlled by transmission of identified storage parameters from a processor to an environmental control system. One would be motivated to make such a combination to provide the advantage of maintaining proper environment for goods as they are transported along a cold chain.
Regarding claim 2, Hwang-H teach the method of claim 1, wherein the one or more ideal food storage environmental parameters for the identified food item comprise one of a temperature setpoint and a relative humidity setpoint for the environmental control system (Hwang - The lookup table may associate a number of different types of food items with their ideal storage temperature)([0054]).
Regarding claim 3, Hwang-H teach the method of claim 1, wherein the one or more ideal food storage environmental parameters for the identified food item comprise a temperature setpoint and a relative humidity setpoint for the environmental control system (although Hwang discloses of an identified temperature setpoint for a food item (The lookup table may associate a number of different types of food items with their ideal storage temperature)([0054]), Hwang does not disclose identifying a humidity. However, said identifying is taught by H (Many goods require climate controlled environments to preserve the goods (e.g., to prevent spoilage). Table 1 below shows typical storage temperatures ... In addition, some goods require levels of humidity or other environmental factors to be maintained)([0012] and [0013]). The examiner notes Hwang and H teach controlling storage environmental parameters. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang to include the identifying of H such that humidity setpoint is identified. One would be motivated to make such a combination to provide the advantage of maintaining proper environment for goods as they are transported along a cold chain).
Regarding claim 4, Hwang-H teach the method of claim 1, wherein the environmental control system comprises an HVAC system and/or a refrigeration system of the facility that services the food storage area of the facility (H - The environment 200 includes an environment containment structure 205 (e.g., a walk-in cooler, a refrigerated merchandiser, a marine container, another container, a warehouse, a refrigerated truck, etc.))([0016]).
Regarding claim 8, Hwang-H teach the method of claim 1, further comprising receiving one or more measured environmental parameters for the food storage area by the video camera (Hwang - determining an outcome for decision 604 may include using one or more thermal sensors (or thermal cameras) ... The thermal sensors may measure a current temperature of the food item)([0069]).
Regarding claim 9, Hwang teaches a video camera for use in a food storage area, comprising:
a camera housing (the system 300 includes a refrigerator 302 ... camera 310)([0037]; a camera is enclosed in a refrigerator);
a camera housed by the camera housing, the camera providing a video stream of a food storage area (for taking pictures, videos … As shown in FIG. 4, operation 402 of method 400 includes actively scanning for food items … operation 404 includes detecting a first type of food item added to a first compartment of a refrigerator)([0039], [0048], and [0050]);
a controller housed by the camera housing and operatively coupled to the camera (the system 300 includes a refrigerator 302 ... a controller 311)([0037]; the refrigerator also includes a controller), the controller configured to (the method 400 may be partially or entirely performed by a controller, a processor, etc.)([0047]):
analyze the video stream captured by the camera to identify a food item in the food storage area (operation 404 includes detecting a first type of food item added to a first compartment of a refrigerator ... image recognition software may be used to evaluate a feed (e.g., input) from the digital camera such that certain food items may be detected)([0050] and [0052]);
obtain one or more ideal food storage environmental parameters for the identified food item (operation 406 includes determining an ideal storage temperature associated with the type of food item added to the first compartment … ideal storage temperature may be determined by accessing a lookup table in memory of the refrigerator)([0053]).
Although Hwang discloses of controlling the environment based on identified storage parameters (method 400 further includes adjusting an ambient storage temperature in the first compartment to substantially match the ideal storage temperature associated with the first type of food item. See operation 408 ... the temperature is actually adjusted in each of the compartments may vary depending on the approach, and may implement using baffling, fans, multiple cooling units, etc.)([0056]). Hwang differs from the claim in that Hwang fails to teach transmitting identified storage parameters from a processor to an environmental control system.
However, transmitting identified storage parameters from a processor to an environmental control system for controlling storage environment is taught by H (FIG. 1 shows a typical cold chain 100 for an exemplary good ... The warehouse 120 can be integrated with the factory 125 or separate ...Throughout the entire cold chain 100, each container ... provide the proper environment for the goods ... FIG. 2 shows a construction of an environmentally-controlled environment 200 ... e.g., a walk-in cooler ... an environment controller (EC) 220 ... and an environment implementation system (EIS) 230 (e.g., a refrigeration unit, a humidor, a heater, etc.) ... Based on the information obtained ... the environment controller 220 controls the environment implementation system 230 ... FIG. 3 shows an embodiment of the operation 300 of an environmentally-controlled environment 200 for goods entering and leaving the environment)([0013], [0015], [0016], [0018], and [0021]; Figure 4 – a controlling environmental parameters in a food storage area of a facility based on transmissions of identified storage parameters is shown).
The examiner notes Hwang and H teach controlling storage environmental parameters. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang to include the transmitting of H such that identified storage parameters are transmitted from a processor to an environmental control system. One would be motivated to make such a combination to provide the advantage of maintaining proper environment for goods as they are transported along a cold chain.
Regarding claim 10, Hwang-H teach the video camera of claim 9, further comprising an RFID scanner housed by the camera housing (Hwang - the antenna 312 may additionally or alternatively serve as a wireless tag reader, e.g., such as ... a radio-frequency identification (RFID) tag reader)([0041]).
Regarding claim 11, Hwang-H teach the video camera of claim 9, wherein the one or more ideal food storage environmental parameters for the identified food item comprise one of a temperature setpoint and a relative humidity setpoint for the environmental control system (Hwang - The lookup table may associate a number of different types of food items with their ideal storage temperature)([0054]).
Regarding claim 14, Hwang-H teach the video camera of claim 9, wherein the controller comprises a database that identifies one or more ideal food storage environmental parameters for each of a plurality of food items (Hwang - The lookup table may associate a number of different types of food items with their ideal storage temperature)([0054]).
Regarding claim 17, Hwang teach a video-based system for controlling one or more environmental parameters of a food storage area … comprising:
a video camera including: a camera housing (the system 300 includes a refrigerator 302 ... camera 310)([0037]; a camera is enclosed in a refrigerator);
a camera housed by the camera housing for providing a video stream of the food storage area (for taking pictures, videos … As shown in FIG. 4, operation 402 of method 400 includes actively scanning for food items … operation 404 includes detecting a first type of food item added to a first compartment of a refrigerator)([0039], [0048], and [0050]);
a controller housed by the camera housing and operatively coupled to the camera (the system 300 includes a refrigerator 302 ... a controller 311)([0037]; the refrigerator also includes a controller) … the controller configured to (the method 400 may be partially or entirely performed by a controller, a processor, etc.)([0047]):
analyze the video stream captured by the camera to identify a food item in the food storage area (operation 404 includes detecting a first type of food item added to a first compartment of a refrigerator ... image recognition software may be used to evaluate a feed (e.g., input) from the digital camera such that certain food items may be detected)([0050] and [0052]);
identify one or more ideal food storage environmental parameters for the identified food item (operation 406 includes determining an ideal storage temperature associated with the type of food item added to the first compartment … ideal storage temperature may be determined by accessing a lookup table in memory of the refrigerator)([0053]).
Although Hwang discloses of controlling the environment based on identified storage parameters (method 400 further includes adjusting an ambient storage temperature in the first compartment to substantially match the ideal storage temperature associated with the first type of food item. See operation 408 ... the temperature is actually adjusted in each of the compartments may vary depending on the approach, and may implement using baffling, fans, multiple cooling units, etc.)([0056]). Hwang differs from the claim in that Hwang fails to teach controlling in a food storage area of a facility by transmitting identified storage parameters from a processor to an environmental control system via a communication port.
However, controlling environmental parameters in a food storage area of a facility by transmitting identified storage parameters from a processor to an environmental control system via a communication port is taught by H (FIG. 1 shows a typical cold chain 100 for an exemplary good ... The warehouse 120 can be integrated with the factory 125 or separate ...Throughout the entire cold chain 100, each container ... provide the proper environment for the goods ... FIG. 2 shows a construction of an environmentally-controlled environment 200 ... e.g., a walk-in cooler ... an environment controller (EC) 220 ... and an environment implementation system (EIS) 230 (e.g., a refrigeration unit, a humidor, a heater, etc.) ... The controller 220 also includes other circuits, such as input/output circuits and communication circuits … provides signals to, receives signals from and/or … the environment controller 220 … and the environment implementation system 230 via wires or wirelessly … Based on the information obtained ... the environment controller 220 controls the environment implementation system 230 ... FIG. 3 shows an embodiment of the operation 300 of an environmentally-controlled environment 200 for goods entering and leaving the environment)([0013], [0015], [0016], [0017], [0018], and [0021]; Figure 4 – a controlling environmental parameters in a food storage area of a facility based on transmissions of identified storage parameters is shown).
The examiner notes Hwang and H teach controlling storage environmental parameters. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang to include the controlling of H such that environmental parameters in a food storage area of a facility are controlled by transmission of identified storage parameters from a processor to an environmental control system via a communication port. One would be motivated to make such a combination to provide the advantage of maintaining proper environment for goods as they are transported along a cold chain.
Regarding claim 18, Hwang-H teach the video-based system of claim 17, wherein the environmental control system comprises an HVAC system and/or a refrigeration system that services the food storage area of the facility (H - The environment 200 includes an environment containment structure 205 (e.g., a walk-in cooler, a refrigerated merchandiser, a marine container, another container, a warehouse, a refrigerated truck, etc.))([0016]).
Regarding claim 19, Hwang-H teach the video-based system of claim 17, wherein the environmental control system is configured to control one or more environmental parameters in the food storage area based on the one or more ideal food storage environmental parameters transmitted by the controller of the video camera (H - the environment controller 220 controls the environment implementation system 230 to ensure the environment inside the environment containment structure 205 is correct for the goods entering the structure 205)([0018]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang, H, and in further view of Powers et al. (US20110068173A1).
Regarding claim 5, Hwang-H teach identifying the food item by identifying and decoding a barcode for the food item (Hwang - The barcode scanner 308 may be used to scan barcodes of food items and/or other items as they are added to the interior of the refrigerator 302 ... may determine a type of food item as it is being added to the refrigerator in response to a user positioning the food item relative to the barcode scanner of the refrigerator such that a barcode of the food item may be scanned, and the corresponding food item information looked up)([0038] and [0051]).
Hwang-H differs from the claim in that Hwang-H fails to teach identifying a barcode in captured video. However, identifying a barcode in captured video is taught by Powers (to recognize a deformed linear barcode from varied-focus video frames are disclosed. A processor-implemented camera module may receive a stream of video frames. The stream of video frames may include a barcode ... A processor-implemented barcode decoder module may decode the barcode)([0020]).
The examiner notes Hwang, H, and Powers teach identifying objects. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang-H to include the identifying of Powers such that a barcode is identified in captured video. One would be motivated to make such a combination to provide the advantage of recognizing deformed barcodes.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang, H, and in further view of Naparstek (US20230168028A1).
Regarding claim 6, Hwang-H teach the method as applied above, Hwang-H teach differs from the claim in that Hwang-H teach fails to teach identifying a food item by identifying a label of the food item and comparing the label information to a database.
However, identifying a food item by identifying a label of the food item and comparing the label information to a database is taught by Naparstek (the cameras 122, 124, 126 can be operated to determine information about the items, such as the type or item ... and automatically implement operations to control the operation of the refrigeration system 100 based on the detected information ... the image processing operations can include ... label detection ... character and/or image recognition, to scan, for example, lettering and images of a label ... information 225 can be determined by a remote computer, server or service ... Subsequent OCR and image analysis can be used to determine additional information ... The additional information can identify a type of beverage ... sub-categories of the item ... and manufacturer or brand)([0030], [0056], [0067], and [0084]).
The examiner notes Hwang, H, and Naparstek teach controlling storage environmental parameters. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang-H to include the identifying and comparing of Naparstek such that a food item is identified by identifying a label of the food item and comparing the label information to a database. One would be motivated to make such a combination to provide the advantage of retrieving additional information for an item.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang, H, and in further view of Angel et al. (US11138901B1).
Regarding claim 7, Hwang-H teach the method as applied above, Hwang-H differs from the claim in that Hwang-H fails to teach identifying a food item by identifying a shape of the food item and comparing the shape to a database.
However, identifying a food item by identifying a shape of the food item and comparing the shape to a database is taught by Angel (At block 1004, the process 1000 may include identifying, based at least in part on analysis of the image data with respect to reference image data of food items, a food item ... Identifying the food item may include comparing the image data received ... with reference image data stored in a database. The comparison may include identifying similarities between ... shapes of objects ... sizes of objects ... and other image-related characteristics)(column 19 lines 61-67 and column 20 lines 1-5)).
The examiner notes Hwang, H, and Angel teach identifying objects. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang-H to include the identifying and comparing of Angel such that a food item is identified by identifying a size of the food item and comparing the size to a database. One would be motivated to make such a combination to provide the advantage of increasing accuracy in identifying objects.
Regarding claim 16, Hwang-H teach the video camera as applied above, Hwang-H differs from the claim in that Hwang-H fails to teach identifying a food item by identifying a shape of the food item and comparing the shape to a database.
However, identifying a food item by identifying a shape of the food item and comparing the shape to a database is taught by Angel (At block 1004, the process 1000 may include identifying, based at least in part on analysis of the image data with respect to reference image data of food items, a food item ... Identifying the food item may include comparing the image data received ... with reference image data stored in a database. The comparison may include identifying similarities between ... shapes of objects ... sizes of objects ... and other image-related characteristics)(column 19 lines 61-67 and column 20 lines 1-5)).
The examiner notes Hwang, H, and Angel teach identifying objects. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang-H to include the identifying and comparing of Angel such that a food item is identified by identifying a size of the food item and comparing the size to a database. One would be motivated to make such a combination to provide the advantage of increasing accuracy in identifying objects.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang, H, and in further view of Dieter (DE102018202631A1).
Regarding claim 12, Hwang-H teach video camera as applied above, Hwang-H differs from the claim in that Hwang-H fails to teach identifying an amount of space occupied by a food item.
However, identifying an amount of space occupied by a food item is taught by Dieter (provide a simple and inexpensive way to precisely determine the free space in a cooling compartment of a refrigeration unit … Fig. 2 shows a flowchart of a procedure for determining the free volume ... In a fifth step S5, the volumes V1 and V2 of goods G1 and G2 are determined based on the measured dimensions)([0007], [0048], and [0053]).
The examiner notes Hwang, H, and Dieter teach identifying objects. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang-H to include the identifying of Dieter such that an amount of space occupied by a food item is identified. One would be motivated to make such a combination to provide the advantage of determining free space in an inexpensive way.
Regarding claim 13, Hwang-H teach video camera as applied above, Hwang-H differs from the claim in that Hwang-H fails to teach identifying an amount of unoccupied space in a storage area.
However, identifying an amount of unoccupied space in a storage area is taught by Dieter (provide a simple and inexpensive way to precisely determine the free space in a cooling compartment of a refrigeration unit … Fig. 2 shows a flowchart of a procedure for determining the free volume ... In a fifth step S5, the volumes V1 and V2 of goods G1 and G2 are determined based on the measured dimensions … In a seventh step S7, a free volume Vf of the cooling room 4 is determined as the difference between the empty volume VL and the volumes V1 and V2)([0007], [0048], [0053], and [0055]).
The examiner notes Hwang, H, and Dieter teach identifying objects. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang-H to include the identifying of Dieter such that an amount of unoccupied space in a storage area is identified. One would be motivated to make such a combination to provide the advantage of determining free space in an inexpensive way.
Claims 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang, H, and in further view of Han et al. (US20210199371A1).
Regarding claim 15, Hwang-H teach the video camera as applied above, Hwang-H differs from the claim in that Hwang-H fails to teach identifying a food item using trained artificial intelligence.
However, identifying a food item using trained artificial intelligence is taught by Han (the learning unit 130 may create an artificial neural network by using learning data. The learning data constituting the artificial neural network may be called a model ... Referring to FIG. 10, the controller 360 may deduce that the type of the food to be put into the container 320 is fruit, and, more specifically, apple, as a result of analysis of the first image it using the image recognition model)([0187] and [0401]).
The examiner notes Hwang, H, and Han teach identifying objects. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang-H to include the identifying of Han such that a food item is identified using trained artificial intelligence. One would be motivated to make such a combination to provide the advantage of increasing accuracy in identifying objects.
Regarding claim 20, Hwang-H teach the system as applied above, Hwang-H differs from the claim in that Hwang-H fails to teach identifying a food item using trained artificial intelligence.
However, identifying a food item using trained artificial intelligence is taught by Han (the learning unit 130 may create an artificial neural network by using learning data. The learning data constituting the artificial neural network may be called a model ... Referring to FIG. 10, the controller 360 may deduce that the type of the food to be put into the container 320 is fruit, and, more specifically, apple, as a result of analysis of the first image it using the image recognition model)([0187] and [0401]).
The examiner notes Hwang, H, and Han teach identifying objects. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang-H to include the identifying of Han such that a food item is identified using trained artificial intelligence. One would be motivated to make such a combination to provide the advantage of increasing accuracy in identifying objects.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider the reference fully when responding to this action. The document cited therein and enumerated below teaches a method and apparatus for identifying food and controlling food storage parameters.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yongjia Pan whose telephone number is (571)270-1177. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman can be reached at 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YONGJIA PAN/Primary Examiner, Art Unit 2118