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
Claims 1-18 are currently pending in application 18/582,378.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-33 of U.S. Patent No. 10,634,547, over claims 1-26 of U.S. Patent No. 11,287,304, over claims 1-18 of U.S. Patent No. 11,940,319. Although the claims at issue are not identical, they are not patentably distinct from each other because all inventions disclose equivalent elements for a truck scale management system/ methods, to include scales with customizable web-based kiosk interfaces.
18/582,378
US 10,634,547
Independent Claims 1, 17, and 18
A truck scale management system (method, apparatus) comprising: a server including: a processor, and a memory having executable instructions stored thereon that when executed by the processor cause the processor to:
connect to a truck scale system through a communication interface via a virtual scale, the virtual scale comprising a data connection to a physical truck scale in the truck scale system and including attributes of the physical truck scale;
retrieve a given virtual kiosk associated with the virtual scale from a database, the given virtual kiosk communicatively accessible from a client device and including one or more customizable functionalities and workflows that interact with the truck scale system; and
facilitate communication between the client device and the truck scale system via the given virtual kiosk.
Independent Claims 1, 23, and 24
A truck scale management system (method, apparatus) comprising: at least one server including: a processor, and a memory having executable instructions stored thereon that when executed by the processor cause the processor to:
connect to each of a plurality of truck scale systems through a communication interface via at least one virtual scale associated with a truck scale system of the plurality of the truck scale systems, the truck scale system comprising at least one physical truck scale and a plurality of other items of site machinery, a first of the at least one virtual scale comprising a data connection to the at least one physical truck scale in the truck scale system, wherein the first virtual scale includes attributes of the at least one physical truck scale and wherein the first virtual scale defines site machinery of the truck scale system to be controlled using a client device, wherein the plurality of other items of site machinery comprises at least one sensor and wherein the first virtual scale allows control of the physical truck scale and the at least one sensor using the client device;
retrieve, in response to a request from the client device, a given one of a plurality of virtual kiosks that are associated with the first virtual scale from a database, the given virtual kiosk communicatively accessible from the client device and including one or more workflows that interact with the truck scale system for controlling the site machinery of the truck scale system; cause the given virtual kiosk to be loaded onto the client device; and
facilitate communication between the client device and the truck scale system via the given virtual kiosk for controlling the site machinery of the truck scale system.
18/582,378
US 11,287,304
Independent Claims 1, 17, and 18
A truck scale management system (method, apparatus) comprising: a server including: a processor, and a memory having executable instructions stored thereon that when executed by the processor cause the processor to:
connect to a truck scale system through a communication interface via a virtual scale, the virtual scale comprising a data connection to a physical truck scale in the truck scale system and including attributes of the physical truck scale;
retrieve a given virtual kiosk associated with the virtual scale from a database, the given virtual kiosk communicatively accessible from a client device and including one or more customizable functionalities and workflows that interact with the truck scale system; and
facilitate communication between the client device and the truck scale system via the given virtual kiosk.
Independent Claims 1, 24, and 26
A truck scale management system (method, apparatus) comprising: at least one server including: a processor, and a memory having executable instructions stored thereon that when executed by the processor cause the processor to: connect to a truck scale system through a communication interface via at least one virtual scale associated with the truck scale system, the truck scale system comprising at least one physical truck scale and at least one other item of site machinery, the at least one virtual scale comprising a software representation of the at least one physical truck scale including first data defining how the at least one physical truck scale operates and a data connection to the at least one physical truck scale in the truck scale system, wherein the first virtual scale defines site machinery of the truck scale system to be controlled using a client device;
retrieve, in response to a request from the client device, a virtual kiosk based on the at least one first virtual scale, the virtual kiosk associating one or more workflows with the truck scale system, the one or more workflows being editable through a truck scale management system and communicatively accessible from the client device, and the one or more workflows controlling the at least one physical truck scale and the site machinery of the truck scale system via the client device; and
facilitate communication between the client device and the truck scale system via the virtual kiosk for controlling the at least one physical truck scale and the site machinery of the truck scale system.
18/582,378
US 11,940,319
Independent Claims 1, 17, and 18
A truck scale management system (method, apparatus) comprising: a server including: a processor, and a memory having executable instructions stored thereon that when executed by the processor cause the processor to:
connect to a truck scale system through a communication interface via a virtual scale, the virtual scale comprising a data connection to a physical truck scale in the truck scale system and including attributes of the physical truck scale;
retrieve a given virtual kiosk associated with the virtual scale from a database, the given virtual kiosk communicatively accessible from a client device and including one or more customizable functionalities and workflows that interact with the truck scale system; and
facilitate communication between the client device and the truck scale system via the given virtual kiosk.
Independent Claims 1, 17, and 18
A truck scale management system (method, apparatus) comprising: a server including: a processor, and a memory having executable instructions stored thereon that when executed by the processor cause the processor to:
connect to a truck scale system through a communication interface via a virtual scale, the virtual scale comprising a data connection to a physical truck scale in the truck scale system and a software representation of the physical truck scale, wherein hardware specifications of the physical truck scale are defined via the virtual scale;
retrieve a given virtual kiosk associated with the virtual scale from a database, the given virtual kiosk communicatively accessible from a client device and including one or more customizable functionalities and workflows that interact with the truck scale system; and
facilitate communication between the client device and the truck scale system via the given virtual kiosk.
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.
Claims 1-11 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Rudd et al (US 9,830,644).
As per independent claim 1, Rudd discloses a truck scale management system comprising:
a server (See Col. 5, lines 51-57, server 3, see also Col. 6, lines 6-16, webserver) including:
a processor (See Col. 6, lines 47-55, processor 302), and
a memory having executable instructions stored thereon that when executed by the processor cause the processor to (See Col. 6, lines 40-55, memory 200):
connect to a truck scale system through a communication interface via a virtual scale, the virtual scale comprising a data connection to a physical truck scale in the truck scale system and including attributes of the physical truck scale (See Fig. 3, Fig. 4);
retrieve a given “virtual kiosk” associated with the virtual scale from a database, the given virtual kiosk communicatively accessible from a client device and including one or more customizable functionalities and workflows that interact with the truck scale system (See Col. 5, lines 46-50, “the customer may also utilize a wireless device 2, such as a cell phone, having a mobile application according to the present invention configured to perform the weighment process;” See also Col. 5, lines 51-66. The Examiner is interpreting the mobile application on the wireless device as the “virtual kiosk;” See Col. 9, lines 56-62, software application is downloaded to the wireless device; See Col. 9, lines 35-47, customizable settings); and
facilitate communication between the client device and the truck scale system via the given “virtual kiosk” (See at least Col. 12, lines 46-65 and Fig. 15 and associated text, software application is launched and communicates with weigh scale 26 that truck is on for weight; See also Fig. 18).
The sole difference between the claimed invention and the prior art is that the Rudd reference does not label its software application a “virtual kiosk.”
However, these differences are only found in the nonfunctional descriptive material label and are not functionally involved in the steps recited. The retrieval and facilitation of communication steps would be performed the same regardless of what the software is called- be that a virtual kiosk or another software application such as a CAT Scale Company ‘Weigh My Truck.’ Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to label a software application a virtual kiosk, because such data does not functionally relate to the steps in the claimed invention and because the subjective interpretation of the label does not patentably distinguish the claimed invention.
As per claim 2, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the virtual kiosk includes instructions associated with at least one of: logistics, weighing method, payments, and billing (See Fig. 16a, instructions, See Figs. 17a-19e, weighing method instructions).
As per claim 3, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the virtual scale is associated with a plurality of virtual kiosks. While Rudd does not expressly recite the virtual scale is associated with a plurality of virtual kiosks, Rudd does teach a user can download the software application (i.e. virtual kiosk) on their iPhone or Android device from many listed sources for obtaining software applications (See Col. 8, lines 56-67). The Examiner interprets this as enabling any user with an iPhone or Android device to download the software application (i.e. virtual kiosk), and thus a plurality of software applications being capable of association with the virtual scale upon launch of the downloaded application on their wireless devices when they arrive at a weight scale 26 (See Col. 12, lines 46-65). Courts have held duplication of parts has no patentable significance unless a new and unexpected result is product (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
As per claim 4, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the given virtual kiosk is associated with a plurality of virtual scales (See Fig. 16a and Col. 12, line 56 – Col. 13, line 11, the software application can be associated with a plurality of scale locations stored in a memory of the wireless device).
As per claim 5, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the processor further provides a web interface that includes functionality to create and modify the virtual scale and the given virtual kiosk (See Col. 9, line 35 – Col. 10 line 47, web interface that includes functionality to create and modify the software application i.e. virtual kiosk; See Fig. 17a-3 and 19a-3, creation/modification of “virtual scale”).
As per claim 6, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the processor further provides access to and rendering of the given virtual kiosk on the client device (See at least Col. 12, lines 48-60).
As per claim 7, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the attributes of the physical truck scale include at least one of: make and model number, scale type, weighing capability, behavior of the scale, service set identifier, and port number (See Fig. 1 and Col. 5, lines 9-20).
As per claim 8, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the processor further connects to the truck scale system via a service set identifier and a port number (See at least Fig. 16a-b and associated text, See also Fig. 17c, CAT Scale location # and tractor/trailer numbers).
As per claim 9, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the processor further retrieves the given virtual kiosk based on a desired utilization of the truck scale system and authorization given to the client device (See at least Col. 9, lines 1-26 and Col. 16, lines 1-19).
As per claim 10, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the virtual scale is associated with a company name and location (See Fig. 16a, scale is associated with CAT Scale Company, location # 0003).
As per claim 11, Rudd discloses the system of claim 10. Furthermore, Rudd discloses wherein the processor further connects to the virtual scale based on the location associated with the virtual scale being nearest to a location of the client device (See Col. 8, lines 47-51 and Col. 12, lin3 57 – Col. 13, line 36, using the GPS module to connect the wireless device to the nearest scale).
As per claim 13, Rudd discloses the system of claim 1. Furthermore, Rudd discloses the given virtual kiosk includes pages, user interface elements, and billing options that are created manually or selected from pre-created templates (See at least Fig. 17a-e and 19a-e, see also Col. 14, lines 22-37).
As per claim 14, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the given virtual kiosk includes pay-to-weigh and company-owned operating modes (See Fig. 17d and 19d and associated text, virtual kiosk displays fee and accepting options for CAT Scale Company ‘Weigh My Truck’).
As per claim 15, Rudd discloses the system of claim 1. Furthermore, Rudd discloses the given virtual kiosk includes tare-then-gross weight, gross-then-tare weight, or gross-weight only weighing methods (See at least Col. 5, lines 21-37, weighing methods).
As per claim 16, Rudd discloses the system of claim 1. Furthermore, Rudd discloses wherein the processor further retrieves a string comprising axle weights of a truck including steer, drive, trailer, and gross weight from the truck scale system in a given multi-port stream according to a user-indicated format (See Fig. 2 and associated text and Col. 5, lines 18-31).
As per claims 17 and 18, claims 17 and 18 recite substantially similar subject matter as claim 1 and are therefore rejected using the same art and rationale set forth in the rejections above. Furthermore, Rudd discloses non-transitory computer-readable media comprising program code that when executed by a programmable processor causes execution of a method for managing truck scale systems (See Col. 16, lines 39-54).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Rudd et al (US 9,830,644), in view of Heath et al (US 2013/0018705).
As per claim 12, Rudd discloses the limitations of claim 10. Rudd does not expressly disclose wherein the processor further creates a geo-fence that specifies a distance that the client device is permitted to be away from to make a valid connection based on the location associated with the virtual scale. However, the use of geo-fences is known in the art.
Heath, which is analogous in art to Rudd, related to a vehicle traffic and vehicle related transaction control system, teaches a processor being programmed to determine a geofence and when the device enters a specific geographic area such as a vehicle weigh station so as to make a connection to the weigh station (See at least [0025]; [0028]- [0030]; [0041]- [0044]; [0056]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have included in Rudd’s truck scale management system, the ability to create a geo-fence that specifies a distance that the client device is permitted to be away from to make a valid connection based on the location associated with the scale, as taught by Heath, for the motivation of providing improvements in system providing control, screening and tolling of traffic flow using GPS enabled smart phones (See [0003]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 Notice of References Cited. The Examiner suggests the applicant review all of these documents before submitting any amendments, especially the follow:
Rasen et al. (US 2019/0079291 A1) – Discloses a system and apparatus for an automated truck scale (See at least Figs. 6-9).
LaFollette et al. (US 7,432,456) – Discloses a system and method for providing certified weighing services at remotely attended scales.
Hall et al. (US 2018/0120147) - Discloses mobile vehicle weight determination
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
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September 24, 2025
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629