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 .
Response to Amendment
Applicant’s “Amendment” filed on 03/10/2026 has been considered.
Claims 1, 5, 8, 10, 13, and 14 are amended. Claims 1-6 and 8-14 remain pending in this application and an action on the merits follow.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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, 3, 6, 8, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2010/0053329 to Flickner et al., in view of U.S. Patent No. 7,516,888 to Kundu et al., and further in view of International Patent Application Publication No. WO 2018/074627 to Kim et al.
With regard to claims 1 and 8, Flickner discloses a system for detecting unpaid items, the system comprising:
a local database disposed at a retail store (paragraph 39); and
a local control circuit disposed at the retail store and communicatively coupled to the local database via an electronic network and communicatively coupled to a central control circuit and a central database via the electronic network, wherein the central control circuit and the central database are disposed at a central processing center remote from the retail store, the local control circuit configured to (paragraphs 39-40):
receive images from a camera deployed at a checkout area of the retail store at the start of the transaction, the image depicting items in a shopping cart and a checkout register deployed at the checkout area, the image including time information (paragraphs 6, 7 and 27, Regardless, at the time of or after checking-out, a first "receptacle" image will be taken of the shopping receptacle (e.g., cart, basket, etc), and the path the receptacle follows will be tracked);
analyze the images to identify the items in the shopping cart (paragraph 31, extract at least one visual feature of item 12 and determine the identity based on those visual features.);
generate a computer vision (CV) profile listing the transaction identifier generated by the POS device (paragraphs 5 and 33, an item image of at least one of the item(s) will be taken and a receipt will be generated (e.g., after items are scanned and the transaction is completed. Examiner notes that the receipt with the unique, machine-readable identifier is generated by a POS/check out station, which is considered as “a computer vision (CV) profile listing the transaction identifier generated by the POS device”);
wherein analysis of the images ends at the end of the transaction (paragraph 31, simultaneous to the scan of the barcode, an image (23 in FIG. 2) of item 12 will be captured by image capture device 22, and processed to determine an appearance of the item 12 (which should be consistent with the identity as determined based on the scan of barcode 14). Examiner notes that an image of items is analyzed simultaneously to determine the identity of the scanned items, which is considered as “analysis of the images ends at the end of the transaction”);
wherein the CV profile is stored in the central database (paragraphs 6, 10,33, 34, and 35, Under broadest reasonable interpretation, digital data, such as receptacle images can be transmitted/stored in the server side which includes central control circuits. );
obtain electronic transaction records, wherein the electronic transaction records include the transaction identifier stored in the CV profile and a transaction number distinct from the transaction identifier (paragraph 5-6, 10, and 33, a receipt 44 (FIG. 5) will be generated with a unique, machine-readable identifier 46 (FIG. 5) pursuant to checkout. Specifically, as a set (one or more) of items are scanned at a shopping checkout station, an item image of at least one of the item(s) will be taken and a receipt will be generated (e.g., after items are scanned and the transaction is completed). Under the present invention, individual "item" images can be captured. It’s well known a paper receipt includes transaction number, items purchased, and transaction time. The present invention provides an exit security method, comprising: receiving an item image for at least one of a set of items at a shopping checkout station; providing a receipt corresponding to the set of items; receiving a first receptacle image of a shopping receptacle holding the set of items. Examiner notes that the unique, machine readable identifier 46 on receipt 44 is considered as “a transaction number”. Examiner notes that obtain a checkout transaction record thru a receipt, which includes a transaction number and a transaction identifier can be considered as “the electronic transaction records include the transaction identifier stored in the CV profile and a transaction number distinct from the transaction identifier”. Examiner notes that it’s obvious that transaction record/receipt can store a transaction identifier and a distinct transaction number.), the transaction identifier being generated by the POS device and used for associating the CV profile with the electronic transaction records (paragraphs 5 and 35, a receipt will be generated. Specifically, unique, machine readable identifier 46 will be checked against a log or the like of valid identifiers to ensure it is authentic and has not been tampered with.); and
transmit the electronic transaction records obtained to the central control circuit, (paragraph 5-6, 10, and 33, Based on Wikipedia definition, a cloud storage is a model of computer data storage in which the digital data is stored in logical pools, said to be on “the cloud”. Therefore, a central database/center/circuit deployed at the central processor is a well-known cloud storage model to store digital data, such as transaction records received from local locations/retail stores),
retrieves the CV profile using the transaction identifier of the CV profile obtained from the first electronic transaction from the electronic transaction records (paragraphs 6 and 35, Specifically, unique, machine readable identifier 46 will be checked against a log or the like of valid identifiers to ensure it is authentic and has not been tampered with. In addition, before the shopper(s) leaves the store, it will be determined whether all items leaving the store have been scanned and paid for appropriately (i.e., properly accounted for). This can be accomplished in any number of ways such as: (b) comparing the second receptacle image of the shopping receptacle to the first for any differences, (c) comparing of goods to the receipt (automatically using images of the goods as compared with the receipt),
wherein the local control circuit compares the items identified in the CV profile to sales transaction items in the first electronic transaction record, determines a discrepancy between the items identified in the CV profile and the sales transaction items in the first electronic transaction record, and responsive to a determination of the discrepancy, transmits a signal to control an action at the retail store (paragraphs 6, 31-35, and 41, In addition, before the shopper(s) leaves the store, it will be determined whether all items leaving the store have been scanned and paid for appropriately (i.e., properly accounted for). This can be accomplished in any number of ways such as: (a) determining whether the identity (as determined from the scanning of their barcodes) of the item(s) whose image(s) were captured is consistent with their appearance as determined by the image(s), (b) comparing the second receptacle image of the shopping receptacle to the first for any differences, (c) comparing of goods to the receipt (automatically using images of the goods as compared with the receipt and/or manual efforts). Based on the image comparison and/or receipt integrity verification, it will be determined whether a discrepancy exists. If so, an alarm can be generated.).
However, Flickner does not disclose receive a transaction initiation signal from a point-of-sale (POS) device disposed at a checkout register of the retail store at a start of a transaction, the transaction initiation signal triggering an initiation of image capture and analysis processes by the local control circuit, the transaction initiation signal including a transaction identifier generated by the POS device; analyze the images to identify a checkout register identifier of the checkout register; generate a computer vision (CV) profile listing the items identified, the checkout register identifier, and the time information of the images, receive a stop signal from the POS device at an end of the transaction, wherein receiving the images, wherein the time information in the CV profile includes a start time corresponding to the transaction initiation signal and a stop time corresponding to a transaction completion signal from the POS device associated with image capture of the image; obtain electronic transaction records associated with the checkout register identifier; wherein the central control circuit analyzes a first electronic transaction record from the electronic transaction records.
However, Kundu teaches analyze the image to identify a checkout register identifier of the checkout register (The process begins with the transaction data extraction process (20) which extracts the transaction details (22) for an individual transaction from the transaction data source (2). The transaction details (22) may be comprised of transaction-level information such information as store, time, date, register, tender type, etc., as well as item-level information such as individual item SKU's, prices, quantities, etc. Examiner notes that location with the image (e.g., register 5) is considered as “a checkout register identifier”, col. 6, lines 62- col. 7, line 15); generate a computer vision (CV) profile listing the items identified, the checkout register identifier, and the time information of the images (The transaction-specific criteria description (26) includes a list of visual criteria and constraint details such as camera number, location with the image (e.g., register 5) and the time ranges within the video during which the criteria are to be assessed. The specific criteria details assignment process (58) then takes the generic criteria (56) and adds the relevant details from the transaction details (22) to produce a set of detailed criteria (60). The relevant details may include such information as the date, time, register number, number of items, list of item SKU's in the transaction, etc. col. 7 ,lines 10-15, col. 7, lines 62-67), wherein the time information in the CV profile includes a start time and a stop time associated with image capture of the image (Likewise the data may be provided from a transaction log of POS transactions, report of transaction activity from an exception reporting system, or other similar information source. there are different ways to select the particular frames to be incorporated into the image. In one embodiment, the frames may be chosen on the basis of their times relative to the transaction's start time, end time, or both. Examiner notes that the time ranges associated with the transaction's start time, end time, or both is considered as “the time information in the CV profile includes a start time and a stop time associated with image capture of the image “, col. 2, lines 15-25 and col. 21, lines 7-9,).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Flickner to include, analyze the image to identify a checkout register identifier of the checkout register; generate a computer vision (CV) profile listing the items identified, the checkout register identifier, and the time information of the images; obtain electronic transaction records associated with the checkout register identifier; and wherein the central control circuit analyzes a first electronic transaction record from the electronic transaction records, wherein the time information in the CV profile includes a start time and a stop time associated with image capture of the image, as taught in Kundu, in order to visually audit transactions for individual transaction-specific indicators of fraud (Kundu, col. 2, lines 3-4).
However, Kim teaches receive a transaction initiation signal from a point-of-sale (POS) device disposed at a checkout register of the retail store at a start of a transaction, the transaction initiation signal triggering an initiation of image capture and analysis processes by the local control circuit, the transaction initiation signal including a transaction identifier generated by the POS device (the step of receiving transaction information from the user to the POS device; Transmitting, by the POS device, the received transaction information to a camera management device; Transmitting, by the camera management apparatus, the received transaction information to a camera; Capturing, by the camera, the image of the surveillance area corresponding to the transmitted transaction information from when the order information is input. And a communication unit configured to transmit the captured image to the camera management apparatus so that the camera management apparatus stores the corresponding transaction information together with the corresponding transaction information, page 3, lines 4-10 and 21-26); receive a stop signal from the POS device at an end of the transaction, wherein receiving the images (the user inputs the completed transaction information to the POS device 1 input unit 12. The camera 2 receives the completed transaction information and ends the monitoring of the corresponding surveillance area (S60). the monitoring may be terminated by causing the camera 22 to stop cutting and transmitting an image of the corresponding area or by storing the end time of the monitoring time of the corresponding area. page 11, line 37-Page 12, lines 16); and a start time corresponding to the transaction initiation signal and a stop time corresponding to a transaction completion signal from the POS device (If the customer ends the transaction after completing the business, the transaction is terminated at the POS device 1 (S40), so that the user inputs the completed transaction information to the POS device 1 input unit 12. The camera 2 receives the completed transaction information and ends the monitoring of the corresponding surveillance area (S60). the monitoring may be terminated by causing the camera 22 to stop cutting and transmitting an image of the corresponding area or by storing the end time of the monitoring time of the corresponding area. The user may input the start time of the situation to be searched through the start time input unit 81, and input the end time through the end time input unit 82 to search for monitoring contents within a corresponding time range. Examiner notes that the start/end time is recorded/transmitted corresponding to the camera operation, which is considered as “a start time corresponding to the transaction initiation signal and a stop time corresponding to a transaction completion signal from the POS device”, page 11, line 37-Page 12, lines 16).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Flickner to include, receive a transaction initiation signal from a point-of-sale (POS) device disposed at a checkout register of the retail store, the transaction initiation signal triggering an initiation of image capture and analysis processes by the local control circuit, the transaction initiation signal including a transaction identifier generated by the POS device; receive a stop signal from the POS device at an end of the transaction, wherein receiving the images; and a start time corresponding to the transaction initiation signal and a stop time corresponding to a transaction completion signal from the POS device, as taught in Kim, in order to monitor a corresponding area according to an order history input to a POS device (Kim, technical-field).
With regard to claim 3, Flickner discloses the action at the retail store is at least one of: receiving an electronic alert at a user device associated with a retail employee, receiving electronic information to an electronic device at the checkout register showing the discrepancy, receiving a control signal to activate a warning indicator at an exit of the retail store, or receiving the control signal to instruct an automated vehicle to retrieve an unpaid item from the shopping cart and return the unpaid item to the retail store (paragraph 6).
With regard to claims 6 and 14, Flickner discloses the checkout register identifier identifies the POS device (paragraphs 4 and 38, computer system/register 104 could also include I/O interfaces that communicate with: one or more external devices such as a kiosk, a checkout station, a keyboard, a pointing device, a display, etc.)).
Claims 2, 5, 9, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2010/0053329 to Flickner et al., U.S. Patent No. 7,516,888 to Kundu et al., and International Patent Application Publication No. WO 2018/074627 to Kim et al., and further in view of International Patent Application Publication No. WO 2019/062018 to Chen et al.
With regard to claims 2 and 9, the combination of references substantially discloses the claimed invention, however, the combination of references does not disclose the discrepancy indicates an unpaid item in the shopping cart.
However, Chen teaches the discrepancy indicates an unpaid item in the shopping cart (Optionally, after the step of detecting the undecoded anti-theft code is detected, the type and quantity of the current item are identified by the surveillance camera, and compared with the type and quantity of the product that is successfully paid, and the type and quantity of the unpaid item are displayed. page 7, lines 17-19 and page 5 line 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of references to include, the discrepancy indicates an unpaid item in the shopping cart, as taught in Chen, in order to improve recognition accuracy (Chen, abstract).
With regard to claims 5 and 13, the combination of references substantially discloses the claimed invention, however, the combination of references does not disclose the local control circuit analyzes the images using one or more convolutional neural networks (CNNs).
However, Chen teaches the local control circuit analyzes the image using one or more convolutional neural networks (CNNs) (inputting images of the goods into a neural network-based recognition system and outputting goods information based on the neural network-based recognition system. abstract).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of references to include, the local control circuit analyzes the image using one or more convolutional neural networks (CNNs), as taught in Chen, in order to improve recognition accuracy (Chen, abstract).
With regard to claim 10, the combination of references substantially discloses the claimed invention, however, the combination of references does not disclose the local control circuit determines a probability that the images include a predetermined item.
However, Chen teaches the local control circuit determines a probability that the images include a predetermined item (Optionally, the second neural network has an accuracy rate of 80% or more for the identification of the commodity. The automatic product settlement method provided by the invention fully utilizes the neural network to identify the commodity, and judges the commodity information obtained from the obtained plurality of images, thereby avoiding the excessive recognition of the image recognition in the existing image recognition field, resulting in the recognition error. Rate, which improves recognition accuracy. Examiner notes that determining a probability of an item in the image analysis is well-known in the image recognition technique, page 5, lines 4-5 and page 8line 30-33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of references to include, the local control circuit determines a probability that the images include a predetermined item, as taught in Chen, in order to improve recognition accuracy (Chen, abstract).
Claims 4, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2010/0053329 to Flickner et al., U.S. Patent No. 7,516,888 to Kundu et al., and International Patent Application Publication No. WO 2018/074627 to Kim et al., and further in view of China Patent No. CN 105741412 to Jiang et al.
With regard to claims 4 and 11, the combination of references substantially discloses the claimed invention, however, the combination of references does not disclose the local control circuit is further configured to: receive a message from the POS device, the message indicating a beginning of a sales transaction at the checkout register; responsive to receiving the message, control the camera to begin image capture at the checkout register; receive a second message from the POS device, the other second message indicating an end of the sales transaction; and responsive to receiving the second message, control the camera to end the image capture at the checkout register.
However, Jiang teaches the local control circuit is further configured to: receive a message from the POS device, the message indicating a beginning of a sales transaction at the checkout register; responsive to receiving the message, control the camera to begin image capture at the checkout register; receive a second message from the POS device, the other second message indicating an end of the sales transaction; and responsive to receiving the second message, control the camera to end the image capture at the checkout register (detecting whether there is a first trigger signal, wherein the first trigger signal is used for expressing signal beginning use of self-service transaction device, if the first triggering signal; then controlling the self-service transaction device to start memory monitoring video, detecting whether there is the second triggering signal, wherein the second trigger signal is used for representing the self-service transaction device end signal; if the second trigger signal is detected, controlling the self-service transaction device to end the storage monitoring video., abstract).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of references to include, the local control circuit is further configured to: receive a message from the POS device, the message indicating a beginning of a sales transaction at the checkout register; responsive to receiving the message, control the camera to begin image capture at the checkout register; receive a second message from the POS device, the other second message indicating an end of the sales transaction; and responsive to receiving the second message, control the camera to end the image capture at the checkout register, as taught in Jiang, in order to effectively prolong the monitoring video storage time (Jiang, abstract).
With regard to claim 12, the combination of references discloses from the POS device indicating the beginning of the sales transaction at the checkout register is triggered by a membership card scan at the POS device (Jiang, abstract, Examiner notes that it’s a well-known process to indicate the beginning of the sales transactions by scanning/swiping a membership card. It’s not an inventive step.).
Response to Arguments
Applicants' arguments filed on 03/10/2026 have been fully considered but they are not fully persuasive especially in light of the previously references applied in the rejections.
Applicants remark that the combination of references fails to teach or suggest “receive a stop signal from the POS device at an end of the transaction, wherein receiving the images and analysis of the images ends at the end of the transaction; wherein the CV profile is stored in the central database; wherein the electronic transaction records include the transaction identifier stored in the CV profile and a transaction number distinct from the transaction identifier) the transaction identifier being generated by the POS device and used for associating the CV profile with the electronic transaction records; using the transaction identifier of the CV profile obtained from the first electronic transaction from the electronic transaction records”.
Examiner directs Applicants' attention to the office action above.
Conclusion
Please refer to form 892 for cited references.
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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication from the examiner should be directed to Ariel Yu whose telephone number is 571-270-3312. The examiner can normally be reached on Monday-Friday 9:00am-5:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Obeid Fahd A 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.
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/ARIEL J YU/Primary Examiner, Art Unit 3627
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