DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in reply to communication filed on 11/15/2023.
Claims 1-20 are currently pending and have been examined.
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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1:
Claims 1-13 recite a method, which is directed to a process.
Claims 14-19 recite a material storage container, which is directed to a machine.
Claim 20 is recite a non-transitory computer-readable storage medium, which is directed to a manufacture.
Therefore, each claim falls within one of the four statutory categories.
Step 2A, Prong 1 (Is a judicial exception recited?):
The independent claims 1, 14 and 20 recite the abstract idea of inventory management. This idea is described by the steps of
authorizing a user to access a material storage container;
receiving, from the user, a manufacturing lot identifier for manufacturing a part;
determining, based on authorizing the user, a manufacturing material for manufacturing the part associated with the manufacturing lot identifier;
selecting, from a plurality of storage compartments storing different manufacturing materials, a storage compartment with the manufacturing material for withdrawal based on one or more criteria; and
indicating the storage compartment with the manufacturing material for withdrawal
These claims recite a certain method of organizing human activity. The claims recite to a certain method of organizing human activity as the above abstract idea limitations are directed to managing personal behavior or relationships or interactions between people. The examiner finds the claims to simply recites steps of following rules or instructions to manage inventory of materials removed and/or placed in compartments. The Examiner additionally finds the claims to be similar to an example the courts have identified as being a certain method of organizing human activity: intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 115 USPQ2d 1636 (Fed. Cir. 2015). The patentee in this case claimed methods comprising storing user-selected pre-set limits on spending in a database, and when one of the limits is reached, communicating a notification to the user via a device. 792 F.3d. at 1367, 115 USPQ2d at 1639-40. The Federal Circuit determined that the claims were directed to the abstract idea of "tracking financial transactions to determine whether they exceed a pre-set spending limit (i.e., budgeting)", which "is not meaningfully different from the ideas found to be abstract in other cases before the Supreme Court and our court involving methods of organizing human activity." 792 F.3d. at 1367-68, 115 USPQ2d at 1640. filtering content, BASCOM Global Internet v. AT&T Mobility, LLC, 827 F.3d 1341, 1345-46, 119 USPQ2d 1236, 1239 (Fed. Cir. 2016) (finding that filtering content was an abstract idea under step 2A, but reversing an invalidity judgment of ineligibility due to an inadequate step 2B analysis). considering historical usage information while inputting data, BSG Tech. LLC v. Buyseasons, Inc., 899 F.3d 1281, 1286, 127 USPQ2d 1688, 1691 (Fed. Cir. 2018).
Step 2A, Prong 2 (Is the exception integrated into a practical application?):
This judicial exception is not integrated into a practical application because the claims satisfy the following criteria, which indicate that the claims do not integrate the abstract idea into practical application:
The claimed additional limitations are:
Claim 14: a processor,
Claim 20: a non-transitory computer-readable medium storing code comprising instructions which, when executed by a processor of a material storage container, cause the material storage container
The additional limitations are directed to using a generic computer to process information and perform the abstract idea. Therefore, the limitations merely amount to adding the words “apply it” (or an equivalent) to 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, as discussed in MPEP 2106.05(f).
Step 2B (Does the claim recite additional elements that amount to significantly more that the judicial exception?):
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As for Step 2B analysis, knowing the consideration is overlapping with Step 2A, Prong 2. The Step 2B considerations have already been substantially addressed under Step 2A Prong 2, see Step 2A Prong 2 analysis above. As discussed above, the additional imitations amount to 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, as discussed in MPEP 2106.05(f).
In addition, the dependent claims recite:
Step 2A, Prong 1 (Is a judicial exception recited?):
Dependent claims 2-13 and 15-19 recitations further narrowing the abstract idea recited in the independent claims 1, 14 and 20 and therefore directed towards the same abstract idea.
Step 2A, Prong 2 and Step 2B:
The dependent claims 2-13 and 15-19 further narrow the abstract idea recited in the independent claims 1, 14 and 20 and are therefore directed towards the same abstract idea.
The dependent claims recite the following additional limitations:
Claims 15-19: the processor,
However, the examiner finds each of these additional elements to be directed to merely “apply it” or applying a generic technology to perform the recited abstract idea of managing inventory of materials removed and/or placed in compartments, the recitation to the generic computer technology that is being used as a tool to execute the steps that define the abstract idea do not provide for integration at the 2nd prong and do not provide for significantly more at step 2B.
Therefore, the limitations on the invention of claims 1-20, when viewed individually and in ordered combination are directed to in-eligible subject matter.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C 103 as being unpatentable over CHAMBERS ALISDAIR (WO2016023081A1, hereinafter “CHAMBERS”) in view of Bossi et al. (US 20210125440 A1, hereinafter “Bossi”).
Regarding claims 1, 14 and 20. CHAMBERS discloses a method, comprising:
authorizing a user to access a material storage container; (CHAMBERS, [0056-0058]; “receive user identity information such that removal/replacement of items from/to the device can be assigned to a particular user … the processing system is configured to receive user identity information from the input device and validate it against a stored database of authorized user identity information before permitting access to the container”)
selecting, from a plurality of storage compartments storing different manufacturing materials, a storage compartment with the manufacturing material for withdrawal based on one or more criteria; and indicating the storage compartment with the manufacturing material for withdrawal. (CHAMBERS, [0058-0059]; “the storage device may take the form of a cabinet with multiple closable drawers, each drawer to storing a range of items … A locking mechanism controllable by the processing system would typically be included to lock the one or more compartments (e.g. drawers) in the closed configuration. Thus to access/unlock the compartments, the identity of a user would first need to be validated as an authorized user … confirm the items that are to be borrowed, the locking mechanism is reengaged and the removed items assigned to that particular user”)
CHAMBERS substantially discloses the claimed invention; however, CHAMBERS fails to explicitly disclose the “receiving, from the user, a manufacturing lot identifier for manufacturing a part; determining, based on authorizing the user, a manufacturing material for manufacturing the part associated with the manufacturing lot identifier”. However, Bossi teaches:
receiving, from the user, a manufacturing lot identifier for manufacturing a part; (Bossi, [0067]; “If a registered user account is identified that matches the authentication credentials supplied by the user, then, in step 308, the remote medication management system 102 may receive (e.g., via an input device 244) a medication order (i.e., the claimed manufacturing lot identifier) … a medication identifier associated with medication that is requested”)
determining, based on authorizing the user, a manufacturing material for manufacturing the part associated with the manufacturing lot identifier; (Bossi, [0067]; “In step 310, the querying module 222 of the remote medication management system 102 may execute a query on the container database 210 to identify a container record 212 that includes an inventory data entry that includes the medication identifier for the requested medication”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify CHAMBERS to include receiving, from the user, a manufacturing lot identifier for manufacturing a part; determining, based on authorizing the user, a manufacturing material for manufacturing the part associated with the manufacturing lot identifier, as taught by Bossi, where this would be performed in order to enable access to several physical containers while auditing such access to ensure compliance with appropriate standards and accountability regarding access to the storge device. See Bossi [0001].
Regarding claims 2 and 15. claims 2 and 15 recites operations that are no more than a predictable variation or duplication of the operations recited in claims 1, 14 and 20, albeit with receiving so-called “a second manufacturing material”, “second storage compartment” Such features would have been an obvious product of ordinary skill in art and common sense, not innovation. That is, the claimed subject matter is no more than a predictable combination of known elements according to their established purposes. See KSR Int’l. Co. v. Teleflex, Inc., 550 U.S. 398, 418421 (2007); see also MPEP § 2144.04 VI, B.
Regarding claims 3 and 16. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, further comprising:
determining a second manufacturing material for disposal based on one or more disposal criteria; and indicating the storage compartment with the second manufacturing material for disposal. (CHAMBERS, [0058-0059]; “the storage device may take the form of a cabinet with multiple closable drawers, each drawer to storing a range of items … A locking mechanism controllable by the processing system would typically be included to lock the one or more compartments (e.g. drawers) in the closed configuration. Thus to access/unlock the compartments, the identity of a user would first need to be validated as an authorized user … confirm the items that are to be borrowed, the locking mechanism is reengaged and the removed items assigned to that particular user”)
Regarding claims 4 and 17. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, further comprising:
receiving a manufacturing material identifier for a second manufacturing material; selecting, from a set of the plurality of storage compartments available to receive the second manufacturing material, a second storage compartment for depositing the second manufacturing material based on the manufacturing material identifier; and indicating the second storage compartment for depositing the second manufacturing material. (CHAMBERS, [0084-0087]; “From Home Screen, user will present ID to open cabinet and returns tools. When unlocked, the screen displays "Welcome John - Open Cabinet". While drawer is opened … As tools are replaced, a double bleep will sound if it is the correct user, tool and location … Returned tools and outstanding tools will then be displayed on the screen (see example)”)
Regarding claims 5 and 18. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, further comprising:
determining, based on the manufacturing lot identifier, a second manufacturing material for manufacturing the part associated with the manufacturing lot identifier; and transmitting an indication that the second manufacturing material is absent from the material storage container. (CHAMBERS, [0068]; “The tool cabinet (1) has a plurality of drawers (2) for storing tools/parts (3). Each tool/part has a specific storage location formed by a recess (4) in the drawer (2) shaped to fit the particular tool/part. An infrared or visual light sensor is positioned within each recess (4) such that when a tool is in place, light/infrared radiation is blocked from hitting the sensor and when the tool is removed light is permitted to hit the sensor … display a mirror of each drawer of the cabinet which visually indicates to a user where tools are missing from the cabinet”)
Regarding claims 6 and 19. The combination of CHAMBERS in view of Bossi disclose the method of claim 5, further comprising:
receiving, based on transmitting the indication, an indication of a second material storage container that has the second manufacturing material; and indicating the second material storage container to the user. (CHAMBERS, [0027]; “based on the status determination process, the display screen is configured to display device status information or item transaction log information”, [0054]; “the processing system can process information received from the sensors and generate, for example, transaction log information and status information. Generated information may be displayed on a display (106)”)
Regarding claim 7. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, further comprising:
CHAMBERS substantially discloses the claimed invention; however, CHAMBERS fails to explicitly disclose the “receiving an indication of the manufacturing material based on transmitting the manufacturing lot identifier, wherein the manufacturing material is determined based on receiving the indication of the manufacturing material”. However, Bossi teaches
receiving an indication of the manufacturing material based on transmitting the manufacturing lot identifier, wherein the manufacturing material is determined based on receiving the indication of the manufacturing material. (Bossi, [0067]; “If a registered user account is identified that matches the authentication credentials supplied by the user, then, in step 308, the remote medication management system 102 may receive (e.g., via an input device 244) a medication order … a medication identifier associated with medication that is requested … In step 310, the querying module 222 of the remote medication management system 102 may execute a query on the container database 210 to identify a container record 212 that includes an inventory data entry that includes the medication identifier for the requested medication”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify CHAMBERS to include receiving an indication of the manufacturing material based on transmitting the manufacturing lot identifier, wherein the manufacturing material is determined based on receiving the indication of the manufacturing material, as taught by Bossi, where this would be performed in order to enable access to several physical containers while auditing such access to ensure compliance with appropriate standards and accountability regarding access to the storge device. See Bossi [0001].
Regarding claim 8. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, further comprising:
detecting withdrawal of a second manufacturing material from a second storage compartment different than the manufacturing material indicated for withdrawal based on sensor information from a sensor of the material storage container; and triggering an alarm based on detecting withdrawal of the second manufacturing material. (CHAMBERS, [0071]; “As the user is typically authenticated before any tools are removed, each transaction (e.g. tool withdrawal) can be assigned to a particular user … once a user has taken the tools they require … a confirm input button on the cabinet may be used to confirm the tools withdrawn are to be assigned to user. Pressing the confirm input button may also reengage the locking mechanism”)
Regarding claim 9. The combination of CHAMBERS in view of Bossi disclose the method of claim 8, further comprising:
CHAMBERS substantially discloses the claimed invention; however, CHAMBERS fails to explicitly disclose the “capturing an image of the user based on detecting withdrawal of the second manufacturing material”. However, Bossi teaches
capturing an image of the user based on detecting withdrawal of the second manufacturing material. (Bossi, [0045]; “The event log entry may include data associated with the user, such as the user's supplied authentication credentials or other data associated therewith (e.g., provided when registering, such as a name), as well as data associated with the inventory of the unauthorized physical container … if the medication dispensing apparatus 104 is interfaced with a video capture device, an image of the user accessing the unauthorized physical container”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify CHAMBERS to include capturing an image of the user based on detecting withdrawal of the second manufacturing material, as taught by Bossi, where this would be performed in order to enable access to several physical containers while auditing such access to ensure compliance with appropriate standards and accountability regarding access to the storge device. See Bossi [0001].
Regarding claim 10. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, further comprising:
detecting deposition of a second manufacturing material into a second storage compartment based on sensor information from a sensor of the material storage container; and triggering an alarm based on detecting deposition of the second manufacturing material. (CHAMBERS, [0047]; “The at least one indicator may also include a sound indicator, such as a speaker, which may, for example, play a sound when an item is removed or replaced from the storage device”)
Regarding claim 11. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, further comprising:
granting access to the material storage container based at least in part authorizing the user to access the material storage container. (CHAMBERS, [0056-0058]; “receive user identity information such that removal/replacement of items from/to the device can be assigned to a particular user … the processing system is configured to receive user identity information from the input device and validate it against a stored database of authorized user identity information before permitting access to the container”)
Regarding claim 12. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, wherein indicating the storage compartment comprises: activating a light-emitting component associated with the storage compartment (CHAMBERS, [0060]; “the display screen may display a first status indication (e.g. green colour band) when all items are present and a second status indication (red colour band) when one or more items are missing from the storage device. The storage device may also be configured to display other types of alerts”); or displaying an indication of the storage compartment on an electronic display. (CHAMBERS, [0071]; “As the user is typically authenticated before any tools are removed, each transaction (e.g. tool withdrawal) can be assigned to a particular user … once a user has taken the tools they require … a confirm input button on the cabinet may be used to confirm the tools withdrawn are to be assigned to user. Pressing the confirm input button may also reengage the locking mechanism”)
Regarding claim 13. The combination of CHAMBERS in view of Bossi disclose the method of claim 1, wherein
CHAMBERS substantially discloses the claimed invention; however, CHAMBERS fails to explicitly disclose the “the one or more criteria comprises an expiration date for the manufacturing material, an order in which the manufacturing material was deposited in the material storage container, a quantity of the manufacturing material in the storage compartment, or any combination thereof”. However, Bossi teaches
the one or more criteria comprises an expiration date for the manufacturing material, an order in which the manufacturing material was deposited in the material storage container, a quantity of the manufacturing material in the storage compartment, or any combination thereof. (Bossi, [0039]; “The remote medication management system 102 may be configured to store an inventory of the physical containers stored in the medication dispensing apparatus 104. The inventory may be comprised of a plurality of container records … Such data may include a medication identifier (e.g., serial number, Universal Product Code, National Drug Code, registration number, medication name, etc.), quantity”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify CHAMBERS to include the one or more criteria comprises an expiration date for the manufacturing material, an order in which the manufacturing material was deposited in the material storage container, a quantity of the manufacturing material in the storage compartment, or any combination thereof, as taught by Bossi, where this would be performed in order to enable access to several physical containers while auditing such access to ensure compliance with appropriate standards and accountability regarding access to the storge device. See Bossi [0001].
Conclusion
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/AVIA SALMAN/Primary Patent Examiner, Art Unit 3627