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 .
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.
Claims status
Claims 1-27 are pending as the applicant filed on 05/09/2024.
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 1-27 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.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a system, comprising: receive, via respective receivers, reflections of the WiFi, light, and/or sound signals from an object; use the trained learning engine to generate an inferred image of an internal structure of the object from the received reflections of the WiFi, light, and/or sound signals; analyze the generated inferred image; and based at least in part on the analysis of the generated inferred image, take a first action appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of at least one processing device operable to: access a learning engine trained to generate an inferred image from a combination of reflections of different signal types, the different signal types comprising WiFi, light, and sound signals are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of cause WiFi, light, and sound signals to be directed at a subject from a WiFi transmitter; a light emitter, and a sound generator, respectively appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 10, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a system, comprising: receive, via respective receivers, reflections of the RF, light, and/or sound signals from an object;
use the trained learning engine to generate an inferred image of an internal structure of the object from the received reflections of the RF, light, and/or sound signals appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of at least one processing device operable to: access a learning engine trained to generate an inferred image from a combination of reflections of different signal types, the different signal types comprising RF, light, and/or sound signals are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of cause RF, light, and/or sound signals to be directed at a subject from a RF transmitter; a light emitter, and a sound generator, respectively appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 11 not eligible.
Claim 19, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a computer-implemented method, the method comprising:
accessing a learning engine trained to generate an inferred image from a combination of reflections of different signal types, the different signal types comprising RF, light, and/or sound signals; a light emitter, and a sound generator, respectively; receiving, via respective receivers, reflections of the RF, light, and/or sound signals from an object appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of causing RF, light, and/or sound signals to be directed at a subject from a RF transmitter are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of using the trained learning engine to generate an inferred image of an internal structure of the object from the received reflections of the RF, light, and/or sound signals appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 19 not eligible.
Claim 2 related to the learning engine comprises an input layer, an output layer, and one or more hidden layers, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to the learning engine comprises a generator and a discriminator, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to an enclosure having at least a portion of the WiFi transmitter, the light emitter, and/or the sound generator and positioned thereon, the enclosure having an opening configured to receive the object, a grommet positioned at the opening, and a fluid inlet configured to receive fluid, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to the system is configured to compare a plurality of inferred images and to identify differences between the plurality of inferred images, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to an inanimate object, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to an animate object, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8 related to wherein the system is configured to detect signals reflected from the object, wherein an optically opaque wall separates the object from the WiFi transmitter; the light emitter, and the sound generator, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9 related to at least one receiver and/or at least one emitter is mounted to and positionable by a robotic arm, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 11 related to an input layer, an output layer, and one or more hidden layers, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to wherein the learning engine comprises a generator and a discriminator, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to an enclosure having at least a portion of the RF transmitter, the light emitter, and/or the sound generator and positioned thereon, the enclosure having an opening configured to receive the object, a grommet positioned at the opening, and a fluid inlet configured to receive fluid, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Claim 14 related to wherein the system is configured to compare a plurality of inferred images and to identify differences between the plurality of inferred images, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claim 15 related to an inanimate object, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 15 not eligible.
Claim 16 related to an animate object, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 16 not eligible.
Claim 17 related to configured to detect signals reflected from the object, wherein an optically opaque wall separates the object from the RF transmitter; the light emitter, and the sound generator, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 17 not eligible.
Claim 18 related to wherein at least one receiver and/or at least one emitter is mounted to and positionable by a robotic arm, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 18 not eligible.
Claim 20 related to an input layer, an output layer, and one or more hidden layers, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 20 not eligible.
Claim 21 related to wherein the learning engine comprises a generator and a discriminator, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 21 not eligible.
Claim 22 related to wherein at least a portion of the RF transmitter, the light emitter, and/or the sound generator are positioned on an enclosure, the enclosure having an opening configured to receive the object, a grommet positioned at the opening, and a fluid inlet configured to receive fluid, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 22 not eligible.
Claim 23 related to comparing a plurality of inferred images and to identify differences between the plurality of inferred images, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 23 not eligible.
Claim 24 related to comprises an inanimate object, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 24 not eligible.
Claim 25 related to an animate object, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 25 not eligible.
Claim 26 related to wherein an optically opaque wall separates the object from the RF transmitter; the light emitter, and/or the sound generator, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 26 not eligible.
Claim 27 related to positioning the RF transmitter; the light emitter, and/or the sound generator /or one or more RF, light, and/or sound receivers using a robotic arm, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 27 not eligible.
wherein an optically opaque wall separates the object from the RF transmitter; the light emitter, and/or the sound generator.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-27 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Walden (US Patent Application Publication 2018/0374127 A1, Date Published
2018-12-27).
Regarding claim 1:
Walden described a system, comprising:
at least one processing device operable to (0059, computer):
access a learning engine trained to generate an inferred image from a combination of reflections of different signal types, the different signal types comprising WiFi (0142, wifi), light (0175, detected light), and sound signals (0104, sound, 0135, learning algorithms);
cause WiFi, light, and sound signals to be directed at a subject from a WiFi transmitter; a light emitter, and a sound generator, respectively (0142, wifi, 0175, detected light, 0104, sound);
receive, via respective receivers, reflections of the WiFi (0142, wifi), light, and/or sound signals from an object;
use the trained learning engine to generate an inferred image of an internal structure of the object from the received reflections of the WiFi, light (0104, light, reflect images), and/or sound signals; analyze the generated inferred image (0104, light, reflect images); and
based at least in part on the analysis of the generated inferred image, take a first action (0104, detected product has been dispensed needs to restock).
Regarding claim 10:
Walden described a system, comprising:
at least one processing device operable to (0059, computer):
access a learning engine trained to generate an inferred image from a combination of reflections of different signal types, the different signal types comprising RF, light (0142, wifi), light (0175, detected light), and/or sound signals;
cause RF, light, and/or sound signals to be directed at a subject from a RF transmitter; a light emitter, and a sound generator, respectively respectively (0142, wifi, 0175, detected light, 0104, sound);
receive, via respective receivers, reflections of the RF, light, and/or sound signals from an object (0104, light, reflect images);
use the trained learning engine to generate an inferred image of an internal structure of the object from the received reflections of the RF, light, and/or sound signals (0104, detected product has been dispensed needs to restock).
Regarding claim 19:
Walden described a computer-implemented method, the method comprising:
accessing a learning engine trained to generate an inferred image from a combination of reflections of different signal types, the different signal types comprising RF, light, and/or sound signals (0104, sound, 0135, learning algorithms, 0142, wifi, 0175, detected light, 0104, sound, 0135);
causing RF, light, and/or sound signals to be directed at a subject from a RF transmitter (0142, wifi);
a light emitter, and a sound generator, respectively; receiving, via respective receivers, reflections of the RF, light, and/or sound signals from an object(0104, light, reflect images);
using the trained learning engine to generate an inferred image of an internal structure of the object from the received reflections of the RF (0142, wifi), light (0175, detected light), and/or sound signals (0104, detected product has been dispensed needs to restock).
Regarding claim 2, Walden further described an input layer, an output layer (0104, sensor in/out), and one or more hidden layers (0104, proximity sensor).
Regarding claim 3, Walden further described a generator and a discriminator (0104, generate image, discriminator light from sound).
Regarding claim 4, Walden further described an enclosure having at least a portion of the WiFi transmitter (0041, wireless beacon in an enclosure on a POP display), the light emitter, and/or the sound generator and positioned thereon, the enclosure having an opening configured to receive the object, a grommet positioned at the opening, and a fluid inlet configured to receive fluid.
Regarding claim 5, Walden further described system is configured to compare a plurality of inferred images and to identify differences between the plurality of inferred images (0132, compared to images captured from POP displays with known locations to assess the location of POP display).
Regarding claim 6, Walden further described an inanimate object (0108, merchandising materials).
Regarding claim 7, Walden further described an animate object (0108, products on POP display).
Regarding claim 8, Walden further described wherein the system is configured to detect signals reflected from the object, wherein an optically opaque wall separates the object from the WiFi transmitter; the light emitter, and the sound generator (0025, placing a plurality of wireless beacons into one or more trays associated with a tape and reel system, 0093, threshold may be dynamic in nature, 0175, detected light, 0104, sound).
Regarding claim 9, Walden further described wherein at least one receiver (0104, reflected light) and/or at least one emitter is mounted to and positionable by a robotic arm.
Regarding claim 11, Walden further described Walden further described an input layer, an output layer (0104, sensor in/out), and one or more hidden layers (0104, proximity sensor).
Regarding claim 12, Walden further described a generator and a discriminator (0104, generate image, discriminator light from sound).
Regarding claim 13, Walden further described an enclosure having at least a portion of the RF transmitter (0041, wireless beacon in an enclosure on a POP display), the light emitter, and/or the sound generator and positioned thereon, the enclosure having an opening configured to receive the object, a grommet positioned at the opening, and a fluid inlet configured to receive fluid.
Regarding claim 14, Walden further described system is configured to compare a plurality of inferred images and to identify differences between the plurality of inferred images (0132, compared to images captured from POP displays with known locations to assess the location of POP display).
Regarding claim 15, Walden further described an inanimate object (0108, merchandising materials).
Regarding claim 16, Walden further described an animate object (0108, products on POP display).
Regarding claim 17, Walden further described wherein the system is configured to detect signals reflected from the object, wherein an optically opaque wall separates the object from the WiFi transmitter; the light emitter, and the sound generator (0025, placing a plurality of wireless beacons into one or more trays associated with a tape and reel system, 0093, threshold may be dynamic in nature, 0175, detected light, 0104, sound).
Regarding claim 18, Walden further described at least one receiver (0104, reflected light) and/or at least one emitter is mounted to and positionable by a robotic arm.
Regarding claim 20, Walden further described an input layer, an output layer (0104, sensor in/out), and one or more hidden layers (0104, proximity sensor).
Regarding claim 21, Walden further described a generator and a discriminator (0104, generate image, discriminator light from sound).
Regarding claim 22, Walden further described wherein at least a portion of the RF transmitter (0041, wireless beacon in an enclosure on a POP display), the light emitter, and/or the sound generator are positioned on an enclosure, the enclosure having an opening configured to receive the object, a grommet positioned at the opening, and a fluid inlet configured to receive fluid.
Regarding claim 23, Walden further described comparing a plurality of inferred images and to identify differences between the plurality of inferred images (0132, compared to images captured from POP displays with known locations to assess the location of POP display).
Regarding claim 24, Walden further described inanimate object (0108, merchandising materials).
Regarding claim 25, Walden further described an animate object (0108, products on POP display).
Regarding claim 26, Walden further described wherein an optically opaque wall separates the object from the RF transmitter, the light emitter (0025, placing a plurality of wireless beacons into one or more trays associated with a tape and reel system, 0093, threshold may be dynamic in nature, 0175, detected light, 0104, sound) and/or the sound generator.
Regarding claim 27, Walden further described positioning the RF transmitter (0041, wireless beacon in an enclosure on a POP display); the light emitter, and/or the sound generator /or one or more RF, light, and/or sound receivers using a robotic arm.
Contact information
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
August 11, 2026
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