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 .
Drawings
The drawings as submitted by Applicant on 01/10/2024 have been accepted.
Disposition of Claims
Claims 1-21 are pending in the instant application. Claims 20 and 21 have been added. Claims 19 has been cancelled. Claim 2 has been amended. Claims 11-19 are withdrawn herein. Claims 1-10 stand rejected. The rejection is hereby made final.
Response to Remarks
Applicant’s arguments regarding the rejection of the pending claims under 35 USC 103 in view of the applied prior art of record have been considered by the examiner and are found to be moot in view of the grounds of rejection presented below.
Applicant’s arguments regarding the rejection of pending claims under 35 USC 112 in view of being indefinite has been considered by the examiner and is found to be persuasive. The rejection of the pending claims under 35 USC 112 is hereby withdrawn.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2017/0069150) in view of Alexis et al (US 2008/0186174).
Regarding claim 1, the prior art discloses a product monitoring system including: at least one Near Field Communication (NFC) reader associated with a storage device (see at least paragraph [0170] to Kim et al, wherein the wine sensor 164 may recognize the information on the wine by reading the tag); and a control system including a processor, a memory, and a communication interface, the control system being in communication with each NFC reader see at least paragraph [0170] to Kim et al, wherein the wine sensor 164 may recognize the information on the wine by reading the tag. The recognized information may be transmitted to the control unit 140), wherein the memory has stored therein executable instructions, wherein the processor is configured, without human intervention and via execution of the executable instructions, to: control each NFC reader to read one or more NFC labels associated with one or more products stored by the storage device (see at least paragraph [0090] to Kim et al, wherein the control unit 140 may include a program for performing the operations described above and operations to be described below, a memory which stores data necessary for executing the program, and a processor which executes the stored program); receive, from each NFC reader, product identification data identifying the one or more products stored by the storage device (see at least paragraph [0171] to Kim et al, wherein The tag may be embodied in the forms of a one-dimensional bar code, a two-dimensional bar code (QR code), etc. or may be embodied as an RFID tag or an NFC tag. The tag may be attached to the bottom of the wine bottle); wherein the control system includes a primary controller in communication with each NFC reader a plurality of product locations each having an associated product sensor such that in response to a product sensor detecting insertion or removal of a product from a product location to determine at least one product which has been removed from the storage device (see at least paragraph [0167] to Kim et al, wherein the wine sensor 164 may be installed at each of the positions capable of storing the wine bottles 10 to sense a position at which each of the wine bottles 10 is stored or whether the wine bottle 10 exists at each storage position. Hereinafter, a space which stores one wine bottle will be referred to as a cell) product details from tag associated therewith whereby product identification data collectively represent the identification data which is compared by the processor to the inventory data to determine the at least one product which has been removed from the storage device (see at least paragraph [0166] to Kim et al, wherein it may be determined based on the strength of the IR rays received by the reception unit 164b whether the wine bottle 10 is stored at the assigned position. The wine sensor 164 may transmit signals which indicate existence/nonexistence of wine to the control unit 140, or the control unit 140 may determine the existence/nonexistence of wine based on an output value of the reception unit 164b).
Kim et al does not appear to explicitly disclose: compar[ing] the product identification data to inventory data, stored in the memory, wherein the inventory data is indicative of a most recently determined inventory of the storage device (see at least paragraph [0030] to Alexis et al, wherein inventory information, which may be provided real-time or updated automatically (e.g., periodically performing interrogation of a plurality of RFID tags); and transfer, via the communication interface, order data to a server processing system to order at least one new product to replace the at least one product which had been removed from the storage device (see at least paragraph [0032] to Alexis et al, wherein the item level inventory is completed at 114. The item information acquired may then be communication, for example, to an inventory management program, an item reordering system, a statistics system, etc.);
an antenna switch and at least one antenna array such that each antenna is selectively detonable (see at least paragraph [0040] to Alexis et al, wherein each of the local antennas is separately activated and an identification of items having responding RFID tags in the range of the local antenna is made);
[wherein] each antenna has associated a plurality of product locations therewith (see at least paragraph [0051] to Alexis et al, wherein he items located during the inventory round, for example, the items located at controller 1, antenna 1, are stored in a database. This may include storing item information, such as a UPC or EPC, an item description, the location of the item based on the interrogating controller and antenna, etc.); and
[wherein] all antenna not associated with that product location are detuned or deactivated such that the associated antenna records (see at least paragraph [0066] to Alexis et al, wherein the RFID interrogator also may wirelessly activate selected local antennas to perform RFID inventory operations to identify, for example, item IDs and location (e.g., location within a rack or shelf unit).
However, Alexis discloses an item level inventory with radio frequency identification system and method with the aforementioned limitations, as outlined above.
The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The examiner submits that the combination of the teaching of the food storage system and method, as disclosed by Kim et al and the item level inventory with radio frequency identification system and method as taught by Alexis et al, in order to enable the system to wirelessly monitor inventory without the need to create a wired infrastructure (see at least paragraph [0005] to Alexis et al), could have been readily and easily implemented, with a reasonable expectation of success. As such, the aforementioned combination is found to be obvious to try, given the state of the art at the time of filing.
Regarding claim 2, the prior art discloses a product monitoring system according to claim 1 including at least one secondary controller in communication with the primary controller and being controlled thereby (see at least paragraph [0087] to Kim et al, control unit), each secondary controller being configured to control a plurality of antennas (see at least paragraph [0113] to Kim et all antenna) and product sensors (see at least paragraph [0153] to Kim et al, wine sensor) associate therewith.
Regarding claim 3, the prior art discloses the product monitoring system according to claim 1, wherein an antenna matrix formed from a plurality of associated antennas, the matrix being integrated with a rack or shelves supporting the one or more products, wherein the rack or shelves include a plurality of support members defining a plurality of storage locations, each storage location being configured to store a single product, wherein the antenna matrix is integrated with the plurality of support members (see at least paragraph [0066] to Alexis et al, wherein various embodiments of the invention may acquire inventory information, and allow for a perpetual RFID shelf inventory wherein communication to perform the inventory is provided wirelessly. It should be noted that the power for the controllers, such as the multiplexers, to interrogate the RFID tags may be supplied by the RF signal from the RFID interrogator. The RFID interrogator also may wirelessly activate selected local antennas to perform RFID inventory operations to identify, for example, item IDs and location (e.g., location within a rack or shelf unit).
Regarding claim 4, the prior art discloses the product monitoring system according to claim 1, wherein the plurality of support members include a plurality of substantially vertical support members and a plurality of substantially horizontal support members (see at least paragraph [0024] to Kim et al, wherein a rack is formed in the body to store food and a wine sensor installed on the rack to sense whether the food is stored may be further included).
Regarding claim 5, the prior art discloses the product monitoring system according to claim 4, wherein to control the one or more NFC readers to read one or more NFC product labels (see at least paragraphs [0170]-[0171], to Kim et al), the processor is configured to: sequentially control different portions of the antenna matrix to read any products located within a respective location of the storage device, wherein the memory of the control system has stored therein position data indicative of a location for each different portion of the antenna matrix (see at least paragraph [0066] to Alexis et al, wherein the RFID interrogator also may wirelessly activate selected local antennas to perform RFID inventory operations to identify, for example, item IDs and location (e.g., location within a rack or shelf unit)); receive a plurality of product identification data portions in response to the sequential control of the different portions of the antenna matrix, wherein the plurality of product identification data portions collectively represent the identification data (see at least paragraph [0040] to Alexis et al, wherein after identifying and storing a list of available antenna arrays as determined by the multiplexers responding to the ID request command, an inventory acquisition process may be initiated to determine an inventory of items associated with each local antenna); and determine, using the plurality of product identification data portions and the position data, a position of each identified product stored within the storage device (see at least paragraph [0051] to Alexis et al, wherein the items located during the inventory round, for example, the items located at controller 1, antenna 1, are stored in a database. This may include storing item information, such as a UPC or EPC, an item description, the location of the item based on the interrogating controller and antenna, etc.).
Regarding claim 6, the prior art discloses the product monitoring system according to claim 5, wherein the processor is further configured to: receive, via the communication interface, a product location request; and transfer, via a communication interface, the position of each identified product stored within the storage device (see at least paragraph [0119] to Kim et al, wherein when the user selects the current state checking icon 211a, information such as current temperature and locked state of the refrigerator 100, the number of wine bottles kept, a list of wine bottles kept, positions of wine bottles kept, etc. may be displayed on the display unit 210).
Regarding claim 7, the prior art discloses the product monitoring system according to claim 1, wherein the processor is further configured to update the inventory data based on the identified at least one identified product removed from the storage device (see at least paragraph [0030] to Alexis et al, wherein inventory information, which may be provided real-time or updated automatically (e.g., periodically performing interrogation of a plurality of RFID tags)).
Regarding claim 8, the prior art discloses the product monitoring system according to claim 1, wherein the processor is further configured to: identify one or more new products stored in the storage device based on the comparison of the product identification data to the inventory data; and update the inventory data stored in the memory to be indicative of the one or more new products (see at least paragraph [0033] to Alexis et al, wherein the RF interrogator 52 (shown in FIGS. 1 and 2) may perform an inventory information acquisition process on a pallet 140, as shown in FIG. 7, as follows: [0034] 1. Read each of the unique IDs from the multiplexer 84 associated with each of a plurality of interface devices 122.).
Regarding claim 9, the prior art discloses the product monitoring system according to claim 1, wherein the processor is further configured to periodically control the one or more NFC readers to read the one or more NFC labels associated with one or more products stored by the storage device (see at least paragraphs [0170]-[0171] to Kim et al, wherein the wine sensor 164 may recognize information on the wine bottle 10. For example, when a wine bottle 10 with a tag including information on the wine is stored on the rack 105, the wine sensor 164 may recognize the information on the wine by reading the tag. The recognized information may be transmitted to the control unit 140 and wherein the tag may be an NFC tag).
Regarding claim 10, the prior art discloses the product monitoring system according to claim 1, wherein in response to determining that the at least one product has been removed from the storage device, the processor is further configured to transfer, via the communication interface, a notification indicative of the at least one product having been removed from the storage device (see at least paragraph [0188] to Kim et al, wherein it may be further included when a wine bottle is taken out to determine information on the wine bottle taken out based on output data of the wine sensor 164 and transmit, to the terminal 200, the information on the wine bottle taken out).
Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2017/0069150) in view of Alexis et al (US 2008/0186174), further in view of Linton et al (US 2003/0034390).
Regarding claim 20, the prior art discloses the system according to claim 1, wherein the processor is further configured, without human intervention and via execution of the executable instructions, to: in response to the product sensor detecting insertion or removal of the product, determine the product location where the product is inserted or removed; and determine the associated antenna in an antenna array based on the determined product location (see at least paragraph [0031] to Linton et al, wherein once the carton of products 80 is empty, the delivery employee then closes the door 37, and removes the carton, if necessary. The proximity sensor 40 senses the closing of the door 37. The client controller 45 senses the status of the sensor. Preferably, the lock 39 (if used) resets automatically after being unlocked for a predetermined time, for example five (5) seconds. The user has that predetermined time to open the door. The RFDC inventory interface 66 is disabled once the door 37 opens. When the door 37 closes, the RFDC inventory interface 66 is enabled and initiates a scan of the products placed within the MW 35. Upon completing the scan, the client controller 45 sends a change-in-inventory message 100 to the commerce server 12).
Regarding claim 21, the prior art discloses the system according to claim 1, wherein all antenna that are detuned or deactivated are in the same antenna array as the associated antenna (see at least paragraph [0022] to Linton et al, wherein The MW 35 may take the form of a refrigerated cabinet, a freezer, or other storage container. A secured storeroom, similar location, or other defined area could also be outfitted with a client controller and other components, as described herein, and be used to store products. As shown, the MW 35 includes a door 37, an electric actuated lock 39 and/or a proximity sensor 40, and an output device that may take the form of audio device or light 41. Other output devices such as a voice synthesis device, a display screen, and the like may also be used. The MW 35 is configured with an antenna array 43. The antenna array 43 is coupled to a client controller 45. In one embodiment, the invention may include an antenna with two vertically polarized array antennas. The antenna 43 is an RF receive and transmit device which communicates with a transponder device or tag (discussed in greater detail below). In one embodiment, the tag is a passive tag and powered by energy from the antenna).
The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The examiner submits that the combination of the teaching of the food storage system and method, as disclosed by Kim et al and the item level inventory with radio frequency identification system and method as taught by Alexis et al, further in view of the radio frequency identification method and system of distributing products, as taught by Linton et al, in order to enable the system to wirelessly monitor inventory without the need to create a wired infrastructure (see at least paragraph [0005] to Alexis et al), could have been readily and easily implemented, with a reasonable expectation of success. As such, the aforementioned combination is found to be obvious to try, given the state of the art at the time of filing.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The examiner has considered all references listed on the Notice of References Cited, PTO-892.
The examiner has considered all references cited on the Information Disclosure Statement submitted by Applicant, PTO-1449.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALIA F CRAWLEY whose telephone number is (571)270-5397. The examiner can normally be reached on Monday thru Thursday; 8:30 AM-4:30 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd A Obeid can be reached on 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a). Proper use of this procedure will result in such communication being considered as timely if the established date is within the required period for reply. The Certificate should be signed by the individual actually depositing or transmitting the correspondence or by an individual who, upon information and belief, expects the correspondence to be mailed or transmitted in the normal course of business by another no later than the date indicated.
Certificate of Mailing
I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to:
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
on __________.
(Date)
Typed or printed name of person signing this certificate:
________________________________________________________
Signature: ______________________________________
Certificate of Transmission by Facsimile
I hereby certify that this correspondence is being facsimile transmitted to the United States Patent and Trademark Office, Fax No. (___)_____ -_________ on _____________. (Date)
Typed or printed name of person signing this certificate:
_________________________________________
Signature: ________________________________________
Certificate of Transmission via USPTO Patent Electronic Filing System
I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office (USPTO) patent electronic filing system to the USPTO
on _____________.
(Date)
Typed or printed name of person signing this certificate:
_________________________________________
Signature: ________________________________________
Please refer to 37 CFR 1.6(a)(4), 1.6(d) and 1.8(a)(2) for filing limitations concerning transmissions via the USPTO patent electronic filing system, facsimile transmissions and mailing, respectively.
/TALIA F CRAWLEY/ Primary Examiner, Art Unit 3627
Prosecution Insights