DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. Claims 1-10 as elected are currently pending and are considered below.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 22, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a method comprising the following steps of: supplying products; scanning the identification code of the products using a first visual system; identifying the products based on the scanned identification code; applying a label to the product; sorting the products into categories;
wherein when identifying the products on the basis of the scanned identification code, digital product data is retrieved, wherein the digital product data includes at least a publication date and additionally a list price and/or a sale price according to at least one online store, and in that based on the digital product data a sale price is automatically determined for each individual product, which is printed on the label.
The steps of the method, as drafted, provide a process that, under its broadest reasonable
interpretation, covers concepts performed in the human mind, including an observation, evaluation, judgment or opinion by describing an evaluation of products to determine a sale or list price, for example, products are identified using a publication date and online list or sales price and a price for a product based on the identification is determined.
If a claim limitation, under its broadest reasonable interpretation, covers concepts performed in the human mind, including an observation, evaluation, judgment or opinion, then it falls within the “Mental Process” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim does not
recite an additional element. As such, there is nothing recited that can be considered a practical
application or significantly more than the judicial exception.
To the extent that scanning may be interpreted as an additional element (if interpreted as a
barcode scanner), then this additional element would also fail to integrate the abstract idea
into a practical application. If the scanning step is interpreted to include a barcode scanner or reader, then this is recited at a high‐level of generality (i.e., as a generic device performing a generic
function of scanning barcodes) such that it amounts to no more than mere instructions to apply the exception using a generic computer component.
Accordingly, this additional element does not integrate the abstract idea into a practical
application because it does not impose any meaningful limits on practicing the abstract idea. Similarly, a
barcode scanner/reader would not be sufficient to amount to significantly more than the judicial
exception. As discussed above with respect to integration of the abstract idea into a practical
application, the additional element of a barcode scanner amounts to no more than
mere instructions to apply the exception using a generic computer component. Mere instructions to
apply an exception using a generic computer component cannot provide an inventive concept.
The claim is patent ineligible.
The dependent claims also are patent ineligible. For example, claims 2-10 include the steps
of determining a product dimension, comparing the condition, applying a label using a robot, determining the condition of a book spine, sorting products by genre, calculating a total weight and determine a position to apply a label on a product which further describes the evaluation of a product.
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.
The factual inquiries 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.
Claim(s) 1-5, 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Grundy U.S. Patent Application Publication 2020/0184519 in view of Porter, U.S. Patent Application Publication 2014/0333761 further in view of Tse, WIPO Publication WO 2020/084544.
As per Claim 1, Grundy discloses a method for sorting, valuation and labeling of products provided with an identification code (pg.3, ¶ [0031] discusses the e-commerce fulfillment machine 108 is configured to automatically process, list, and package a batch of products for ecommerce sale), comprising the following steps of:
supplying products (pg.3, ¶ [0033] discusses The e-commerce fulfillment machine 108 includes a product feeder 109 which places the plurality of products on a conveyor belt 112);
scanning the identification code of the products using a first visual system (pg.4, ¶ [0041] discusses the barcode scanner 208 is configured to continuously scan barcode provided on each product as they move along the conveyor belt 206 to determine product barcode information associated with each product);
identifying the products based on the scanned identification code (pg.5, ¶ [0050] discusses the barcode scanner may scan a product barcode placed on each product of the plurality of products to identify the product);
sorting the products into categories (pg.3, ¶ [0033] discusses the conveyor belt 112 includes a product scanner 114 which classifies the plurality of products into valuable products 110a and non-valuable products 110b);
wherein when identifying the products on the basis of the scanned identification code, digital product data is retrieved, wherein the digital product data includes a list price and/or a sale price according to at least one online store (pg.5, ¶ [0051] discusses a sales data associated with each product based on the product barcode information associated with each product… sales data API is called by the processor using the product barcode information. The sales data API will return the sales data associated with each product…pg.4, ¶ [0044] discusses the sales data associated with each product includes a current market price of each product, a competitor price of each product, and a product sales rank of each product).
Grundy teaches a system and method that sends instructions to a product feeder to place each product of plurality of products on a conveyor belt after receiving plurality of products. The method includes receiving product barcode information associated with each product of plurality of products from a barcode scanner. The method includes receiving sales data associated with each product based on product barcode information associated with each product. The method includes computing a return on investment (ROI) associated with each product based on a product value of each product obtained from sales data. The method further includes sending an instruction to conveyor belt to channelize product in a first conveyor path of conveyor belt if ROI of a product of plurality of products is more than or equal to a threshold ROI. Abstract
However, Grundy fails to explicitly disclose applying a label to the product and wherein the digital product data includes at least a publication date.
Porter teaches wherein the digital product data includes at least a publication date (pg.2, ¶ [0017] discusses Any characters that may be identified within the photographs may be compared to a list or other registry of authors, titles, publication dates, editions, versions, ISBN s or any other identifying information in order to determine or confirm the identity of the book).
Therefore it would have been obvious to one of ordinary skill in the art of product resale before the effective filing date of the claimed invention to modify the system of Grundy to include the ability to read publication dates on products as taught by Porter to provide a system and method to gather one or more attributes of the item and utilize such attributes to confirm an identity of an item. Abstract
Both Grundy and Porter are directed toward the buyback and resale of media items. Grundy teaches generating and applying a shipment label on a shipment box. pg.6, ¶ [0067]
Porter teaches for applying tape, adhesives, shipping labels or any other covering or tag to an item. pg.6, ¶ [0052]
However, the Grundy-Porter combination fails to disclose applying a label to the product.
Tse teaches applying a label to the product (pgs.8-9, lines 31-32 discusses a robot arm 42 of the robot is formed as the label taking tool for taking up and applying the labels to a surface of the product).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to apply a label on an identified product as in the improvement discussed in Tse in the system executing the method of the Grundy-Porter combination. As in Tse, it is within the capabilities of one of ordinary skill in the art to label identified products to the Grundy-Porter combination with the predicted result of applying labels to identified products as needed in the Grundy-Porter combination.
As per Claim 2, Grundy discloses the method according to claim 1. However, Grundy fails to disclose wherein the method comprises the additional step of automatically determining dimensions of a product using a second visual system.
Porter teaches wherein the method comprises the additional step of automatically determining dimensions of a product using a second visual system (pg.2, ¶ [0016] discusses determine one or more attributes of the item, including a mass or weight of the item; a dimension of the item (e.g., a length, a height or a width of the item)… The attributes may be determined using one or more devices that may be provided within, attached to or otherwise affiliated with the automated return machine, such as a camera, an optical reading device, a scale or any other relevant apparatus).
Therefore it would have been obvious to one of ordinary skill in the art of product resale before the effective filing date of the claimed invention to modify the system of Grundy to include the ability to utilize a camera to determine a product’s dimensions as taught by Porter to provide a system and method to gather one or more attributes of the item and utilize such attributes to confirm an identity of an item. Abstract
As per Claim 3, Grundy discloses the method wherein when determining the sale price, a condition of the product is taken into account (pg.4, ¶ [0045] discusses the image recognition engine 228 is configured to determine condition of each valuable product by comparing the plurality of pictures captured by the plurality of cameras for each valuable product with a plurality of sample pictures stored in a database).
However, Grundy fails to explicitly state wherein the condition of the product is determined by comparing the automatically determined dimensions of the product with dimensions included in the digital product data.
Porter teaches wherein the condition of the product is determined by comparing the automatically determined dimensions of the product with dimensions included in the digital product data (pg.2, ¶ [0018] discusses purchase price for the item may be determined based on a depreciation of a baseline price of the item in its pristine condition, based on the coherence and/or any differences…pg.6, ¶ [0048] discusses a photograph of the book 321A, 321B may reveal faded colors or other forms of discoloration, or one or more missing, malfunctioning or defective elements of the book (e.g., a cracked spine, torn pages, stains) as compared to the baseline photograph, and such a vector or other metric may be used to derive a purchase price for the item).
Therefore it would have been obvious to one of ordinary skill in the art of product resale before the effective filing date of the claimed invention to modify the system of Grundy to include the ability to utilize the retrieved product dimensions to determine a price for the identified product as taught by Porter to provide a system and method to gather one or more attributes of the item and utilize such attributes to confirm an identity of an item. Abstract
As per Claim 4, Grundy and Porter discloses the method according to claim 2. However, the Grundy-Porter combination fails to disclose wherein the label is applied to the product with the aid of a robot, wherein the robot positions the label at a height at least higher than a highest point of the product above the product, after which the robot applies the label to the product.
Tse teaches wherein the label is applied to the product with the aid of a robot (Figure 5, label application robot 41),
wherein the robot positions the label at a height at least higher than a highest point of the product above the product, after which the robot applies the label to the product (pg.5, lines 6-10 discusses the controller of the label application robot is programmed to manipulate the motion of the robot arm and determine a label application position on the planar surface of the product 10 based on the product data or product profile 10 received from the server).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to utilize a robot to apply labels on products as in the improvement discussed in Tse in the system executing the method of the Grundy-Porter combination. As in Tse, it is within the capabilities of one of ordinary skill in the art to label identified products for resale to the Grundy-Porter combination with the predicted result of applying labels to resale products as needed in the Grundy-Porter combination.
As per Claim 5, Grundy discloses the method according to claim 1, wherein when determining the sale price, a condition of the product is taken into account (pg.3, ¶[0034] discusses the condition of valuable products is determined using a plurality of cameras), wherein the product is a book (pg.4, ¶ [0039] discusses the products are used books).
However, Grundy fails to disclose wherein when determining the sale price (pg.3, ¶ [0024] discusses an offered price for a repurchased item may be determined as a function of a condition of the item),
wherein the book comprises a spine side, wherein the condition of the product is determined by evaluating the spine side of the book using the second visual system (pg.6, ¶ [0048] discusses malfunctioning or defective elements of the book (e.g., a cracked spine, torn pages, stains) as compared to the baseline photograph, and such a vector or other metric may be used to derive a purchase price for the item…pg.2, ¶ [0018] discusses one or more photographs of a book's cover, hinge or joint ( e.g., an indented line along the cover of a book which bends as the cover is opened and closed), spine (e.g., an outer portion of the book that shows when the book).
Therefore it would have been obvious to one of ordinary skill in the art of product resale before the effective filing date of the claimed invention to modify the system of Grundy to include the ability to capture an image of a book’s spine to assist in determining a price for the identified product as taught by Porter to provide a system and method to evaluate its condition, and to generate an offer for the repurchase of the item based on an anticipated demand for the item as well as a strategy or plan to distribute the item. Abstract
As per Claim 7, Grundy discloses the method according to claim 1, wherein when sorting the products into categories (pg.3, ¶ [0033] discusses the conveyor belt 112 includes a product scanner 114 which classifies the plurality of products into valuable products 110a and non-valuable products 110b using the ROI data for each product of the plurality of products),
the products are automatically transported to a category-specific container and stored therein (pg.3, ¶ [0034] discusses the condition of the valuable products 110a is determined using a plurality of cameras 116 installed on the first conveyor path 112a of the conveyor belt 112 and the non-valuable products 110b placed on the second conveyor path 112b are discarded by the e-commerce fulfillment machine 108).
As per Claim 10, Grundy and Porter discloses the method according to claim 1. However, the Grundy-Porter combination fails to disclose wherein a position on the product for applying the label is automatically determined with the aid of the first visual system.
Tse teaches wherein a position on the product for applying the label is automatically determined with the aid of the first visual system (pg.6, lines 23-27 discusses the setup station comprises one or more camera for capturing a plurality of images of the product and a plurality of images of position of the product from various orientations, thereby allowing for identification/acquisition of the most suitable label application position).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to utilize a camera to assist with applying labels on products as in the improvement discussed in Tse in the system executing the method of the Grundy-Porter combination. As in Tse, it is within the capabilities of one of ordinary skill in the art to determine a location on a product to apply a label to the Grundy-Porter combination with the predicted result of applying labels to resale products as needed in the Grundy-Porter combination.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Grundy U.S. Patent Application Publication 2020/0184519 in view of Porter, U.S. Patent Application Publication 2014/0333761 in view of Tse, WIPO Publication WO 2020/084544 further in view of Kim et al., Korean Patent Publication KR 2013/0047930.
As per Claim 6, Grundy discloses the method according to claim 1. Grundy discloses classifying a plurality of products into valuable and non-valuable products. pg.4, ¶ [0045]
Porter pg.5, ¶ [0046] teaches the bar code 327A of FIG. 3A may be scanned to identify a number (e.g., an ISBN) associated with the book 321A, which may also be indexed or searched against a table of titles or other unique identifiers associated with books, in order to determine an identity of the book.
Tse pg.4, lines 1-6 discusses the unlabeled products would be detected by an optical sensor, and sorted by a sorter 90 which can divert the unlabeled products to the unlabeled product recovery sections 80 arranged on two sides of the conveyor 60.
However, the Grundy Porter Tse combination fails to disclose wherein the products are automatically sorted into categories according to a genre, wherein the genre is automatically determined based on the digital product data, wherein the digital product data includes at least a summary and/or a genre for the product.
Kim et al. teaches wherein the products are automatically sorted into categories according to a genre, wherein the genre is automatically determined based on the digital product data, wherein the digital product data includes at least a summary and/or a genre for the product (pg.3, lines 7-10 discusses selecting used books by content means screening by sales targets for infants, childcare, elementary school, middle and high school students, the general public, women, and housewives, and resellability considering the best sellers and public awareness).
The cited portion of Kim et al. teaches a system and method capable of sorting products by content for infants, childcare, elementary etc. The examiner is construing the foregoing as genre, since it is old and well known for genre to include subject matter of a printed media.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have sorted printed media by content as in the improvement discussed in Tse in the system executing the method of the Grundy-Porter combination. As in Tse, it is within the capabilities of one of ordinary skill in the art to sort printed media by content to the Grundy-Porter combination with the predicted result of sorting media to be resold by content as needed in the Grundy-Porter combination.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Grundy U.S. Patent Application Publication 2020/0184519 in view of Porter, U.S. Patent Application Publication 2014/0333761 in view of Tse, WIPO Publication WO 2020/084544 further in view of Ren Chinese Publication CN 107506933.
As per Claim 8, Grundy Porter and Tse discloses the method according to claim 2. Grundy pg.3, ¶ [0032] teaches the user can set a threshold ROI for each product of the plurality of products and a maximum weight capacity or a predefined limit for inbound shipments using the e-commerce fulfillment application 124 installed on the user device.
Porter pg.5, ¶ [0041] teaches the automated return machine 210 may determine a mass or weight of the item using the scale 226.
Tse teaches a label application robot as disclosed throughout.
However, the Grundy Porter Tse combination fails to disclose wherein a total weight of products in a category-specific container is calculated on the basis of the automatically determined dimensions of the products.
Ren teaches wherein a total weight of products in a category-specific container is calculated on the basis of the automatically determined dimensions of the products (pg.4, lines 34-40 discusses , the second RFID reader-writer for reading the electronic tag on the book of the book identification area recorded in tag information is set, for example, book price information and book information, and reading the number of different electronic labels, because different electronic labels corresponding to different books, simultaneously acquiring the number information of different books. a gravity sensing device firstly measures book identification area in total weight of all books for sale, obtain measuring total weight information of the book. firstly obtaining book price information and book information according to the tag information by the processor, then obtained according to the second RFID reader-writer of the book number information and book weight calculating to obtain total weight information of the accounting books. the server judging whether the electronic label of all the books for sale are read by measuring comparison book total weight and the calculated total weight, because calibration and measuring the weight of the book may have difference in a certain range, can be set according to the actual condition, the preset range, such as within 5%, weight error are regarded as weight information match. That is the difference of the book if the total weight measured and calculated absolute value is within the predetermined range, it means that the second RFID reader reads the information of all the books for sale).
The cited portion of Ren utilizes data received from reading the RFID electronic label affixed to a book to calculate the total weight of books for sale.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have retrieved weight data from reading an electronic label as in the improvement discussed in Ren in the system executing the method of the Grundy Porter Tse combination. As in Ren, it is within the capabilities of one of ordinary skill in the art calculating total weight of books by reading an electronic price label to the Grundy Porter Tse combination with the predicted result of calculating a total weight as needed in the Grundy Porter Tse combination.
As per Claim 9, Grundy Porter and Tse discloses the method according to claim 7. Grundy pg.3, ¶ [0032] teaches the user can set a threshold ROI for each product of the plurality of products and a maximum weight capacity or a predefined limit for inbound shipments using the e-commerce fulfillment application 124 installed on the user device.
Porter pg.5, ¶ [0041] teaches the automated return machine 210 may determine a mass or weight of the item using the scale 226.
Tse teaches a label application robot as disclosed throughout.
However, the Grundy Porter Tse combination fails to disclose wherein a total weight of products in a category-specific container is calculated on the basis of the automatically determined dimensions of the products.
Ren teaches wherein a total weight of products in a category-specific container is calculated on the basis of the automatically determined dimensions of the products (pg.4, lines 34-40 discusses the second RFID reader-writer for reading the electronic tag on the book of the book identification area recorded in tag information is set, for example, book price information and book information, and reading the number of different electronic labels, because different electronic labels corresponding to different books, simultaneously acquiring the number information of different books. a gravity sensing device firstly measures book identification area in total weight of all books for sale, obtain measuring total weight information of the book. firstly obtaining book price information and book information according to the tag information by the processor, then obtained according to the second RFID reader-writer of the book number information and book weight calculating to obtain total weight information of the accounting books. the server judging whether the electronic label of all the books for sale are read by measuring comparison book total weight and the calculated total weight, because calibration and measuring the weight of the book may have difference in a certain range, can be set according to the actual condition, the preset range, such as within 5%, weight error are regarded as weight information match. That is the difference of the book if the total weight measured and calculated absolute value is within the predetermined range, it means that the second RFID reader reads the information of all the books for sale).
The cited portion of Ren utilizes data received from reading the RFID electronic label affixed to a book to calculate the total weight of books for sale.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have retrieved weight data from reading an electronic label as in the improvement discussed in Ren in the system executing the method of the Grundy Porter Tse combination. As in Ren, it is within the capabilities of one of ordinary skill in the art calculating total weight of books by reading an electronic price label to the Grundy Porter Tse combination with the predicted result of calculating a total weight as needed in the Grundy Porter Tse combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hamill et al., UK Patent Application GB 5620723 discusses an apparatus and method of evaluating a product 10 condition preferably for an automated book evaluation system. Abstract
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/ASHFORD S HAYLES/Primary Examiner, Art Unit 3627