DETAILED ACTION
This action is in reply to the application filed on 05/08/2024.
Claims 1-12 are pending.
Claims 1-12 have been examined.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-2, 5-7, 11-14 of Patent No. 12014370 (reference patent). The claims are not patentably distinct from each other because processing payment at the market or retailer place.
Current Application – 18657948
Patent No.– 12014370
1. (original): A processing apparatus comprising: at least one memory configured to store one or more instructions; and at least one processor configured to execute the one or more instructions to: receive, from a camera, an image of an area of a product placing place, the image encompassing a reference range; recognize, based on image processing, product discrimination information of a product picked up from the product placing space, and register the recognized product discrimination information in association with customer discrimination information; and execute, when it is detected, based on processing the image from the camera, that a customer having picked up the product performs a predetermined action, a settlement based on a registration content, wherein the predetermined action comprises detecting, based on the processor processing the image, that the customer moves a body part from inside the reference range to outside the reference range, wherein the executing the settlement based on the registration content comprises: transmitting, to a terminal apparatus of the customer, a settlement completion notification after the settlement based on the registration content; receiving, from the terminal apparatus of the customer, a response of whether the settlement content is correct; modifying the settlement content in response to reception of a response of a fact that the settlement content is not correct; and executing the settlement for a price indicated by the modified settlement content.
2. (original): The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to recognize the customer discrimination information of the customer included in an image, and register the recognized customer discrimination information in association with the recognized product discrimination information.
3. (original): The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to process an image generated by a same camera, and perform recognition of the product discrimination information and detection that the customer performs the predetermined action.
4. (original): The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to execute a settlement based on the registration content without detecting that the customer performs a predetermined action, when an elapsed time from a time at which the product discrimination information is associated with the customer discrimination information exceeds a threshold.
5. (original): The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to register the customer discrimination information determined by a face image or an iris, in association with the product discrimination information.
6. (original): The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to detect, based on image processing, that the customer returns the product to the product placing space, and-delete, from information associating the product discrimination information with the customer discrimination information, the product discrimination information of the product returned to the product placing space.
7. (original): The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to detect, based on image processing, that a direction of a body of the customer satisfies a predetermined condition, detect that the customer moves by a predetermined number of steps in a predetermined direction, or detect that the customer moves for a predetermined time in a predetermined direction, as the predetermined action.
8. (original): The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to detect, as the predetermined action, that the customer moves outside a reference range determined based on the product placing space.
9. (original): The processing apparatus according to claim 8, wherein the reference range is an area in front of the product placing space.
10. (original): The processing apparatus according to claim 8, wherein the processor is further configured to execute the one or more instructions to: determine, based on information indicating the reference range of each of customers, the reference range for each of the customers, transmit, to the terminal apparatus of the customer, a settlement completion notification after a settlement, and receive, from the terminal apparatus of the customer, a response to the settlement completion notification; and widen, when a response to the settlement completion notification indicates that a product indicated by the settlement completion notification is not purchased, the reference range of the customer.
11. (original): A processing method executed by a computer: the method comprising: receiving, from a camera, an image of an area of a product placing place, the image encompassing a reference range; recognizing, based on image processing, product discrimination information of a product picked up from the product placing space, and registering the recognized product discrimination information in association with customer discrimination information; and executing, when it is detected, based on processing the image from the camera, that a customer having picked up the product performs a predetermined action, a settlement based on a registration content, wherein the predetermined action comprises detecting, based on the processor processing the image, that the customer moves a body part from inside the reference range to outside the reference range, wherein the executing the settlement based on the registration content comprises: transmitting, to a terminal apparatus of the customer, a settlement completion notification after the settlement based on the registration content; receiving, from the terminal apparatus of the customer, a response of whether the settlement content is correct; modifying the settlement content in response to reception of a response of a fact that the settlement content is not correct; and executing the settlement for a price indicated by the modified settlement content.
12. (original): A non-transitory storage medium storing a program causing a computer to: receive, from a camera, an image of an area of a product placing place, the image encompassing a reference range; recognize, based on image processing, product discrimination information of a product picked up from the product placing space, and register the recognized product discrimination information in association with customer discrimination information; and execute, when it is detected, based on processing the image from the camera, that a customer having picked up the product performs a predetermined action, a settlement based on a registration content, wherein the predetermined action comprises detecting, based on the processor processing the image, that the customer moves a body part from inside the reference range to outside the reference range, wherein the executing the settlement based on the registration content comprises: transmitting, to a terminal apparatus of the customer, a settlement completion notification after the settlement based on the registration content; receiving, from the terminal apparatus of the customer, a response of whether the settlement content is correct; modifying the settlement content in response to reception of a response of a fact that the settlement content is not correct; and executing the settlement for a price indicated by the modified settlement content.
Claim 1. (Currently Amended) A processing apparatus comprising:
at least one memory configured to store one or more instructions; and
at least one processor configured to execute the one or more instructions to:
receive, from a camera, an image of an area of a front of a product placing place, the image encompassing a reference range;
recognize, based on image processing, product discrimination information of a product picked up from the product placing space, and register the recognized product discrimination information in association with customer discrimination information;
execute, when it is detected, based on processing the image from the camera, that a customer having picked up the product performs a predetermined action, a settlement based on a registration content, wherein the predetermined action comprises detecting, based on the processor processing the image, that the customer moves a body part from inside the reference range to outside the reference range; and
set a size of the reference range for each customer, wherein executing the settlement based on the registration content comprises:
transmitting, to a terminal apparatus of the customer, information indicating a settlement content determined based on the registration content;
receiving, from the terminal apparatus of the customer, a response of whether the settlement content is correct; and
executing the settlement for a price indicated by the settlement content in response to reception of a response of a fact that the settlement content is correct,
wherein the predetermined action further comprises at least one of a direction of the body of the customer satisfying a predetermined condition, the customer moving by a predetermined number of steps in a first predetermined direction, and the customer moving for a predetermined time in a second predetermined direction.
Claim 3. (Canceled).
Claim 4. (Canceled).
5. (Currently Amended) The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to execute [[a]]the settlement based on the registration content without detecting that the customer performs [[a]] the predetermined action, when an elapsed time from a time at which the product discrimination information is associated with the customer discrimination information exceeds a threshold.
6. (Previously Presented) The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to register the customer discrimination information determined by a face image or an iris, in association with the product discrimination information.
7. (Previously Presented) The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to detect, based on image processing, that the customer returns the product to the product placing space, and delete, from information associating the product discrimination information with the customer discrimination information, the product discrimination information of the product returned to the product placing space.
Claim 8. (Canceled).
Claim 9. (Canceled).
Claim 10. (Canceled).
11. (Currently Amended) The processing apparatus according to claim 1,wherein executing the settlement based on the registration content comprises: determining, based on information indicating the reference range of each of customers, the reference range for each of the customers, transmitting, to the terminal apparatus of the customer, a settlement completion notification after [[a]] the settlement and receive, from the terminal apparatus of the customer, a response to the settlement completion notification; and
Claim 12. (Currently Amended) A processing method comprising:
by a computer,
receiving, from a camera, an image of an area of a front of a product placing place, the image encompassing a reference range;
recognizing, based on image processing, product discrimination information of a product picked up from the product placing space, and registering the recognized product discrimination information in association with customer discrimination information;
executing, when it is detected, based on image processing, that a customer having picked up the product performs a predetermined action, a settlement based on a registration content of the product discrimination information, wherein the predetermined action comprises detecting that the customer moves a body part from inside the reference range to outside the reference range; and
setting a size of the reference range for each customer, wherein executing the settlement based on the registration content comprises:
transmitting, to a terminal apparatus of the customer, information indicating a settlement content determined based on the registration content;
receiving, from the terminal apparatus of the customer, a response of whether the settlement content is correct; and
executing the settlement for a price indicated by the settlement content in response to reception of a response of a fact that the settlement content is correct,
wherein the predetermined action further comprises at least one of a direction of the body of the customer satisfying a predetermined condition, the customer moving by a predetermined number of steps in a first predetermined direction, and the customer moving for a predetermined time in a second predetermined direction.
Claim 13. (Currently Amended) A non-transitory storage medium storing a program for causing a computer to:
receive, from a camera, an image of an area of a front of a product placing place, the image encompassing a reference range;
recognize, based on image processing, product discrimination information of a product picked up from a product placing space, and register the recognized product discrimination information in association with customer discrimination information;
execute, when it is detected, based on image processing, that a customer having picked up the product performs a predetermined action, a settlement based on a registration content, wherein the predetermined action comprises detecting that the customer moves a body part from inside the reference range to outside the reference range; and
set a size of the reference range for each customer, wherein executing the settlement based on the registration content comprises:
transmitting, to a terminal apparatus of the customer, information indicating a settlement content determined based on the registration content;
receiving, from the terminal apparatus of the customer, a response of whether the settlement content is correct; and
executing the settlement for a price indicated by the settlement content in response to reception of a response of a fact that the settlement content is correct,
wherein the predetermined action further comprises at least one of a direction of the body of the customer satisfying a predetermined condition, the customer moving by a predetermined number of steps in a first predetermined direction, and the customer moving for a predetermined time in a second predetermined direction.
14. (New) The processing apparatus according to claim 1, wherein the processor is further configured to execute the one or more instructions to modify, for each customer, the reference range based on a movement track of each customer being in front of the product placing space while holding the product.
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 1-12 are directed to a method, a system, or product which are one of the statutory categories of invention. (Step 1: Yes).
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-12 are directed to an abstract idea, Method of Organizing Human Activity. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide generic computer functions that do not add meaningful limits to practicing the abstract idea.
Claim 1, 11, 12 are similar. Claim 1, for instance, recites, in part, A processing apparatus comprising: at least one memory configured to store one or more instructions; and at least one processor configured to execute the one or more instructions to: receive, from a camera, an image of an area of a product placing place, the image encompassing a reference range; recognize, based on image processing, product discrimination information of a product picked up from the product placing space, and register the recognized product discrimination information in association with customer discrimination information; and execute, when it is detected, based on processing the image from the camera, that a customer having picked up the product performs a predetermined action, a settlement based on a registration content, wherein the predetermined action comprises detecting, based on the processor processing the image, that the customer moves a body part from inside the reference range to outside the reference range, wherein the executing the settlement based on the registration content comprises: transmitting, to a terminal apparatus of the customer, a settlement completion notification after the settlement based on the registration content; receiving, from the terminal apparatus of the customer, a response of whether the settlement content is correct; modifying the settlement content in response to reception of a response of a fact that the settlement content is not correct; and executing the settlement for a price indicated by the modified settlement content. These limitations are directed to processing payment at the retailer or market place – business relations (commercial interactions). Hence, it falls within the “Certain Methods of Organizing Human Activity” 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 only recites additional elements such as a processing apparatus, at least one memory, a camera, a product, a processor, a terminal apparatus recited at a high-level of generality (receiving, transmitting, modifying) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea
Next the claim as a whole is analyzed to determine whether any element, or combination of elements, is sufficient to ensure the claim amounts to significantly more than an abstract idea. Claims 1-12 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are merely performing the abstract idea on a generic device i.e., abstract idea and apply it. There is no improvement to computer technology or computer functionality MPEP 2106.05(a) nor a particular machine MPEP 2106.05(b) nor a particular transformation MPEP 2106.05(c). Given the above reasons, a generic processing device helps to compose a risk profile and purchase insurance based on such risk for a property is not an Inventive Concept. Thus, the claim is not patent eligible.
The dependent claims have been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because for the same reasoning as above and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional limitations of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea.
The dependent claim 2 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claims recite recognizing customer discrimination information and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claim 3 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claim recites processing image information and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus, a camera) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claim 4 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claim recites processing a settlement and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus, a camera, a processor) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claim 5 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claim recites registering customer discrimination and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus, a camera, a processor) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claim 6 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claim recites detecting a return product and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus, a camera, a processor) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claim 7 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claim recites detecting a number of steps in a direction and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus, a camera, a processor) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claim 8 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claim recites detecting a number of detecting a predetermined action and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus, a camera, a processor) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claim 9 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claim recites detecting a reference range and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus, a camera, a processor) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claim 10 has been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because the claim recites transmitting data for an apparatus and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements (such as a processing apparatus, a camera, a processor) of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea. Therefore, the claims are not patent eligible.
Therefore, Claims 1-12 are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Herring et al. (US 2016/0110703 A1) in view of Li et al. (US 2019/0272581 A1) in further view of Ouimet, (US 2015/0379601 A1).
Claims 1, 11 and 12 are grouped together. Claim 1, for instance, is disclosed: Herring teaches: A processing apparatus comprising: at least one memory configured to store one or more instructions (Herring, par. [0066]); and at least one processor configured to execute the one or more instructions to: receive, from a camera, an image of an area of a product placing place, the image encompassing a reference range (Herring, see at least par. [0022] “The dividers may include cameras 220L, 220R for capturing images of items 230 included in shopping cart 240. The cameras 220L, 220R may be oriented toward an expected position of the shopping cart 240, such as relative to a segment of lane lines 212 . . .”) The camera captures images of product in area such as a shopping cart;
recognize, based on image processing, product discrimination information of a product picked up from the product placing space (Herring, par. [0035] & see at least part. [0036] “. . . For example, the POS system may use images captured by sensors 402 to determine a color, size, and location (e.g., aisle and shelf position) of the item 415, and the POS system may identify the item based on those attributes . . .”) & see at least par. [0037] “. . . In some aspects of the present disclosure, the POS system may verify that the items carried through a checkout lane by a customer match the items identified by the POS system as the customer selected the items . . .”) Interpretation: the product discrimination corresponds to product preference and the system helps to detect when the product is picked out by the customer and moved away from the shelf to checkout, and register the recognized product discrimination information in association with customer discrimination information(Herring, see at least par. [0023] “. . . A profile of a customer may be created by the POS system when the customer first interacts (e.g., applies for a loyalty card or completes a purchase) with the POS system. The profile may include information associated with the customer, such as an address, a phone number, a credit card account, and records of previous purchases by the customer . . .”) Interpretation: the product selection is registered with the customer profile;
Herring does not disclose the following; however, Li teaches:
and execute, when it is detected, based on processing the image from the camera, that a customer having picked up the product performs a predetermined action, a settlement based on a registration content(Li, par. [0037]-[0038]) Interpretation: The cited portions disclose concept of payment without queuing by using RFID label and positioning method, wherein the predetermined action comprises detecting, based on the processor processing the image, that the customer moves a body part from inside the reference range to outside the reference range (see at least par. [0025] “. . . The consumer can enter the convenience store from the entrance area, can select and purchase commodities on the shelves during shopping, and can hold the commodity with a hand or an arm, and directly leave the convenience store from the exit area after completing the selection and the purchase . . .”) The consumer leaves the convenience store ,
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of executing money payment for picked out items without having to queue up as taught by Li with the invention disclosed by Herring to better determine checkout order at the store without having to queue up (abstract). Therefore, the combination is obvious.
Herring in view of Li does not disclose the following; however, Ouimet teaches:
wherein the executing the settlement based on the registration content comprises: transmitting, to a terminal apparatus of the customer, a settlement completion notification after the settlement based on the registration content (Ouimet, see at least par. [0267] “. . . Mobile device 290 not only handles transaction payments, but also automatically communicates loyalty program membership to the retailer computer system when paying. A payment app on mobile device 290 securely transmits credit card or bank account information used for payment, together with loyalty card information, to payment station 790 . . .”) & [0263] “ After consumer 106 selects each item from shopping list 130 designated for purchase at retailer 116, consumer 106 completes a checkout process, with negotiated discounts applied prior to payment, as illustrated in FIGS. 17a-17b. FIG. 17a illustrates consumer 106 checking out at point-of-sale (POS) or self-checkout station 760. Station 760 includes screen 762, scanner 764, scale 765, coin slot 766, bill acceptor 768, and credit card reader 770.”);
receiving, from the terminal apparatus of the customer, a response of whether the settlement content is correct (see at least par. [0218] “. . . If product 610 is on shopping list 130, consumer agent 104 checks UPC 612 against the correct UPC for the product on shopping list 130 to ensure that consumer 106 purchases the necessary product for any negotiated offers . . .”) ;
modifying the settlement content in response to reception of a response of a fact that the settlement content is not correct (Ouimet, see at least par. [0128] “. . . Consumer agent 104 creates, modifies, and acts on shopping lists for consumer 106. Consumer agent 104 manages home inventory, finds products, plans shopping lists and trips, saves deals to loyalty cards, and controls shopping logistics . . .”);
and executing the settlement for a price indicated by the modified settlement content (par. [0268] “. . . Consumer 106 completes the checkout process shown in FIGS. 17a-17b for the goods selected at retailer 48, and proceeds home. If additional retailers are on the shopping trip, consumer 106 visits those retailers prior to returning home.”).
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of completing the purchase and settlement as taught by Ouimet with the invention disclosed by Herring in view of Li to better satisfy the conditions for settlement the transaction (abstract). Therefore, the combination is obvious.
Claim 2 is disclosed: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 1. Furthermore, Herring teaches: wherein the processor is further configured to execute the one or more instructions to recognize the customer discrimination information of the customer included in an image (Herring, par. [0035] & see at least part. [0036] “. . . For example, the POS system may use images captured by sensors 402 to determine a color, size, and location (e.g., aisle and shelf position) of the item 415, and the POS system may identify the item based on those attributes . . .”) & see at least par. [0037] “. . . In some aspects of the present disclosure, the POS system may verify that the items carried through a checkout lane by a customer match the items identified by the POS system as the customer selected the items . . .”) Interpretation: the product discrimination corresponds to product preference and the system helps to detect when the product is picked out by the customer and moved away from the shelf to checkout,, and register the recognized customer discrimination information in association with the recognized product discrimination information(Herring, see at least par. [0023] “. . . A profile of a customer may be created by the POS system when the customer first interacts (e.g., applies for a loyalty card or completes a purchase) with the POS system. The profile may include information associated with the customer, such as an address, a phone number, a credit card account, and records of previous purchases by the customer . . .”) Interpretation: the product selection is registered with the customer profile;.
Claim 3 is disclosed: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 1. Furthermore, Herring teaches: wherein the processor is further configured to execute the one or more instructions to process an image generated by a same camera (Herring, par. [0027]) the image generated by a camera, and perform recognition of the product discrimination information and detection that the customer performs the predetermined action (see at least par. [0036] “The sensors 402 may also be used by the POS system to identify an item 415 selected by a customer 440. For example, the POS system may use images captured by sensors 402 to determine a color, size, and location (e.g., aisle and shelf position) of the item 415, and the POS system may identify the item based on those attributes . . .”).
Claim 7 is disclosed: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 1. However, Li further teaches: wherein the processor is further configured to execute the one or more instructions to detect, based on image processing, that a direction of a body of the customer satisfies a predetermined condition, detect that the customer moves by a predetermined number of steps in a predetermined direction, or detect that the customer moves for a predetermined time in a predetermined direction, as the predetermined action (Li, par. [0037]-[0038] Interpretation: The cited portions disclose concept of payment without queuing by using RFID label and positioning method.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of executing money payment for picked out items without having to queue up as taught by Li with the invention disclosed by Herring in view of Li in further view of Ouimet to better determine checkout order at the store without having to queue up (abstract). Therefore, the combination is obvious.
Claim 8 is disclosed: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 1. However, Li further teaches: wherein the processor is further configured to execute the one or more instructions to detect, as the predetermined action, that the customer moves outside a reference range determined based on the product placing space (LI, Par. [0044] & [0046]) The positioning of the user can be obtained via the RFID label within the store.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of executing money payment for picked out items without having to queue up as taught by Li with the invention disclosed by Herring in view of Li in further view of Ouimet to better determine checkout order at the store without having to queue up (abstract). Therefore, the combination is obvious.
Claim 9 is disclosed: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 8. However, Herring further teaches: wherein the reference range is an area in front of the product placing space(Herring, par. [0035] & see at least part. [0036] “. . . For example, the POS system may use images captured by sensors 402 to determine a color, size, and location (e.g., aisle and shelf position) of the item 415, and the POS system may identify the item based on those attributes . . .”) & see at least par. [0037] “. . . In some aspects of the present disclosure, the POS system may verify that the items carried through a checkout lane by a customer match the items identified by the POS system as the customer selected the items . . .”) Interpretation: the product discrimination corresponds to product preference and the system helps to detect when the product is picked out by the customer and moved away from the shelf to checkout.
Claim 10 is disclosed: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 8. Furthermore, Herring teaches: widen, when a response to the settlement completion notification indicates that a product indicated by the settlement completion notification is not purchased, the reference range of the customer (Herring, see at least par. [0043]) The cited portion discloses widening the completion notification.
Herring in view of Li in further view of Ouimet does not disclose the following; however, Li teaches:
wherein the processor is further configured to execute the one or more instructions to: determine, based on information indicating the reference range of each of customers, the reference range for each of the customers, transmit, to the terminal apparatus of the customer, a settlement completion notification after a settlement, and receive, from the terminal apparatus of the customer, a response to the settlement completion notification(Li, par. [0037]-[0038] & see at least par. [0060] “. . . In another implementation, the service management system can prompt the user to confirm a payment total or the order”).
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of executing money payment for picked out items without having to queue up as taught by Li with the invention disclosed by Herring in view of Li in further view of Ouimet to better determine checkout order at the store without having to queue up (abstract). Therefore, the combination is obvious.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Herring et al. (US 2016/0110703 A1) in view of Li et al. (US 2019/0272581 A1) in further view of Ouimet, (US 2015/0379601 A1) in further view of Buibas et al. (US 10,373,322 B1).
Claim 4: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 1. However, Buibas teaches: wherein the processor is further configured to execute the one or more instructions to execute a settlement based on the registration content without detecting that the customer performs a predetermined action, when an elapsed time from a time at which the product discrimination information is associated with the customer discrimination information exceeds a threshold (Buibas, see at least Col. 8 ln 30-35) The system uses the time range and executes the checking out that item after determining the positioning of the person after that elapsed time frame.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of executing settlement based on registration as taught by Buibas with the invention disclosed by Herring in view of Li in further view of Ouimet to better satisfy the conditions for settlement the transaction. Therefore, the combination is obvious.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Herring et al. (US 2016/0110703 A1) in view of Li et al. (US 2019/0272581 A1) in further view of Ouimet, (US 2015/0379601 A1) in further view of Okamoto et al. (US 2020/0364752 A1).
Claim 5: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 1. However, Okamoto teaches: wherein the processor is further configured to execute the one or more instructions to register the customer discrimination information determined by a face image or an iris, in association with the product discrimination information (Okamoto, par. [0032]) The cited portion discloses information determined by a face image or iris.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of registering customer profile as taught by Okamoto with the invention disclosed by Herring in view of Li in further view of Ouimet to better register the customer. Therefore, the combination is obvious.
Claim 6: Herring in view of Li in further view of Ouimet teaches: The processing apparatus according to claim 1. However, Okamoto teaches: wherein the processor is further configured to execute the one or more instructions to detect, based on image processing, that the customer returns the product to the product placing space, and-delete, from information associating the product discrimination information with the customer discrimination information, the product discrimination information of the product returned to the product placing space Okamoto, par. [0032] & par. [0061]) when the merchandize is returned to shelf, items are not checked out.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of registering customer profile as taught by Okamoto with the invention disclosed by Herring in view of Li in further view of Ouimet to better register the customer. Therefore, the combination is obvious.
Conclusion
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/TOAN DUC BUI/Examiner, Art Unit 3693 /Mike Anderson/Supervisory Patent Examiner, Art Unit 3693