DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 2, 2026, has been entered.
Response to Arguments
Applicant’s response to Office action was received on April 2, 2026.
In response to Applicant’s amendment of the claims, the indefiniteness claim rejection, from the previous Office action, has been withdrawn.
In response to Applicant’s amendment of the claims, please note the new claim objection, below in this Office action.
In response to Applicant’s amendment of the claims, the Claim Interpretation section, from the previous Office action, has been correspondingly amended, below in this Office action.
In response to Applicant’s amendment of the claims, please note the new claim rejection, under 35 U.S.C. 112, written description requirement, below in this Office action.
In response to Applicant’s amendment of the claims, the prior art claim rejections have been amended, below in this Office action. Currently, the only prior art claim rejection is on claim 7.
Regarding the Claim Interpretation section from the previous Office action, Applicant argues that “data acquisition device” should not be interpreted under 35 U.S.C. 112(f)/sixth paragraph because Applicant’s specification provides sufficient description of this term such that particular structure would be understood to be represented by this term. Examiner disagrees (for claim 2). Examiner is not aware of any definition of “data acquisition device” provided in Applicant’s application; rather, Applicant’s application provides possible examples for the data acquisition device, which is not the same as a limiting definition. Therefore, “data acquisition device” in claim 2 does not, in and of itself, represent sufficient structure to perform its function(s), and is interpreted under 35 U.S.C. 112(f)/sixth paragraph.
Novel/Non-Obvious Subject Matter
Examiner has determined that claims 1-6 of Applicant’s claims have overcome having prior art rejections. The reason for this is that Examiner does not believe that, at the time of Applicant’s priority date, it would have been obvious for a person of ordinary skill in the art to combine prior art disclosures to result in the particular combinations of elements/limitations in the claims, including the particular configurations of the elements/limitations with respect to each other in the particular combinations, without the use of impermissible hindsight.
Specifically, independent claims 1 and 2 each previously were rejected over four-reference combinations in the previous Office action. Claim 1 was rejected over the combination of Shakes, Konick, Wang, and Bridgelall. Claim 2 was rejected over the combination of Shakes, Konick, Wang, and Stemmle. Claims 1 and 2 have been provided with narrowing amendments. Examiner could not fully address those amendments with the four-reference combinations previously used for claims 1 and 2, whether using individual ones of the references, or multiple references in the respective combination. Examiner also did not think that a fifth reference could be added to either combination without the use of impermissible hindsight. Therefore, the amendments overcame the prior art rejections of claims 1 and 2. Since claims 3-5 depend from claims 1 or 2, these claims do not currently have prior art rejections, either.
Regarding claim 6, Examiner attempted to reject claim 6 with the following partial 103 rejection. Examiner was unable to address all limitations of claim 6 with the four-reference combination below. Examiner also did not think that a fifth reference could be added to the combination without the use of impermissible hindsight. Therefore, claim 6 does not have a prior art rejection:
Claim 6: Shakes, US 7689465 B1, in view of Dearing, US 20140270356 A1, in further view of Patel, US 20010027995 A1, in further view of Razumov, US 20020095353 A1.
As per Claim 6, Shakes discloses:
- a package tracking system deployed in a delivery vehicle (column 1, lines 7-10 (systems); column 2, lines 22-43 (“Alternatively, in some embodiments, one or more video clips may be used instead of, or in addition, still captured images of an order being processed, packaged, and/or shipped.”); column 5, lines 44-62 (“Alternatively, the customer may receive one or more still images, each showing an aspect of order processing, such as picking an individual item out of inventory, packing items into a package or shipping box, weighing the package, addressing the package, and/or loading the package onto a delivery vehicle.”); column 8, line 58, through column 9, line 26 (“Additionally, verification data may be captured throughout various stages of inventory control, management, and/or tracking of inventory items. For example, in one embodiment, data may be captured that tracks an item from receiving, through inventory and order processing, to shipping.”));
- one or more optical sensing devices positioned to capture images of a package-holding area of the delivery vehicle to track packages disposed therein (column 1, lines 7-10 (systems); column 2, lines 22-43 (“Alternatively, in some embodiments, one or more video clips may be used instead of, or in addition, still captured images of an order being processed, packaged, and/or shipped.”); column 2, line 65, through column 3, line 13 (“Additionally, captured images, whether video or still, may include the package being sealed, addressed, weighed, and placed on a delivery vehicle.”); column 4, line 62, through column 5, line 9 (“Picked items may be delivered to one or more processing stations in the order fulfillment facility for sorting 50 into their respective orders, packing 60, and finally shipping 70 to customers 10.”); column 5, lines 44-62 (“Alternatively, the customer may receive one or more still images, each showing an aspect of order processing, such as picking an individual item out of inventory, packing items into a package or shipping box, weighing the package, addressing the package, and/or loading the package onto a delivery vehicle.”); column 8, line 58, through column 9, line 26 (“Additionally, verification data may be captured throughout various stages of inventory control, management, and/or tracking of inventory items. For example, in one embodiment, data may be captured that tracks an item from receiving, through inventory and order processing, to shipping.”); column 13, line 57, through column 14, line 5 (“FIG. 4A illustrates one embodiment of a method for capturing images of an order being processed at an order fulfillment center.”; “In other embodiments, the method illustrated in FIG. 4A may also be performed at any of a number of processing stations in a materials handling facility, such as a sorting station, packing station, quality assurance station, and/or shipping station, among others. The items for an order may be hand delivered to the packing station in one embodiment.”; “After the items for an order have arrived at the packing station, a control system, such as control system 300, may start capturing images of the packaging of the one or more items in a package, as illustrated by block 410.”));
- a computing system in communication with the one or more optical sensing devices, the computing system including a processor, memory, and executable code stored in the memory, the processor executing the executable code (column 2, line 65, through column 3, line 13 (“Additionally, captured images, whether video or still, may include the package being sealed, addressed, weighed, and placed on a delivery vehicle.”); column 7, line 57, through column 8, line 17 (“Additionally, captured data, such as images or video clips may be associated with their respective orders via any of a number of techniques, according to different embodiments. For instance, in one embodiment, every order may have an identification code on order paperwork that may be scanned, read, manually entered, or otherwise associated with the order during processing. Alternatively, a processing agent may read, scan, or manually enter an order ID code before starting to process an order and that order ID may be associated with any images captured during the processing of that order.”); column 12, line 58, through column 14, line 67 (image capture); column 13, lines 28-43; column 14, lines 45-67 (“In other embodiments, however, the packing personal processing an order may utilize a scanning device to read an identification code associated with the order throughout the processing of the order and thus control system 300 may be configured to receive the identification code data and use it to match captured images with the correct order.”); column 15, line 64, through column 16, line 22 (“In general, when capturing images of the processing of an order, one or more of the image capture devices may be configured to insert, append or otherwise include the date and time the image was captured in the captured image. In other embodiments, control system 300 may be configured to insert, append or otherwise include the date and time in captured images.”); column 19, lines 12-47 (“FIG. 7 illustrates an image database of captured images such as may be used to store images on web server 600, according to some embodiments. In other embodiments, however, such a database may store other types of captured data, such as audio, date/time, environmental data, or other data, either instead of or in addition to captured image data.”); column 25, line 63, through column 26, line 26 (processors, memory, instructions));
- receive package identification information obtained from a scan of a scannable medium associated with a package (column 2, line 65, through column 3, line 13 (“Additionally, captured images, whether video or still, may include the package being sealed, addressed, weighed, and placed on a delivery vehicle.”); column 4, line 62, through column 5, line 9 (“Picked items may be delivered to one or more processing stations in the order fulfillment facility for sorting 50 into their respective orders, packing 60, and finally shipping 70 to customers 10.”); column 7, line 57, through column 8, line 17 (“Additionally, captured data, such as images or video clips may be associated with their respective orders via any of a number of techniques, according to different embodiments. For instance, in one embodiment, every order may have an identification code on order paperwork that may be scanned, read, manually entered, or otherwise associated with the order during processing. Alternatively, a processing agent may read, scan, or manually enter an order ID code before starting to process an order and that order ID may be associated with any images captured during the processing of that order.”); column 8, lines 18-37 (“For example, an item may be detected, (e.g. by detecting an RFID, reading a scan code, or visually by processing personnel) upon arrival at a particular stage of order processing, and one or more types of data (e.g. images, audio, environmental, timing, etc) may be captured.”));
- monitor the package during a process of identifying the package and detect a change within a field of view of the one or more optical sensing devices based on the captured images (column 2, line 65, through column 3, line 13 (“Additionally, captured images, whether video or still, may include the package being sealed, addressed, weighed, and placed on a delivery vehicle.”); column 7, lines 32-56 (“The order fulfillment center may also include one or more motion detection devices or other sensors coupled to the control system and/or image capture devices to automate the capturing of images, according to one embodiment. For example, in one embodiment, the order fulfillment center may utilize sound-activated motion detection devices, while, in other embodiments, motion detectors based on ultrasonic, infrared, microwave, and/or video activated devices, may be used.”); column 7, line 57, through column 8, line 17 (“Additionally, captured data, such as images or video clips may be associated with their respective orders via any of a number of techniques, according to different embodiments. For instance, in one embodiment, every order may have an identification code on order paperwork that may be scanned, read, manually entered, or otherwise associated with the order during processing. Alternatively, a processing agent may read, scan, or manually enter an order ID code before starting to process an order and that order ID may be associated with any images captured during the processing of that order.”); column 10, lines 3-53 (“In some embodiments, electronic devices, such as motion detectors or RFIDs, may automatically trigger the capturing or collecting of data for any or all stages of a value-added service.”); column 12, line 58, through column 14, line 67 (motion detection and image capture); column 15, line 64, through column 16, line 22 (“In general, when capturing images of the processing of an order, one or more of the image capture devices may be configured to insert, append or otherwise include the date and time the image was captured in the captured image. In other embodiments, control system 300 may be configured to insert, append or otherwise include the date and time in captured images.”); column 19, lines 12-47 (“FIG. 7 illustrates an image database of captured images such as may be used to store images on web server 600, according to some embodiments. In other embodiments, however, such a database may store other types of captured data, such as audio, date/time, environmental data, or other data, either instead of or in addition to captured image data.”); column 21, line 58, through column 22, line 23 (“As opposed to, or in addition to, capturing data for visual verification of order processing, as described above, data may be captured at one or more receiving areas in an order fulfillment center or materials handling facility. For instance, FIG. 10 illustrates capturing of images for a shipment of items arriving at a materials handling facility, according to some embodiments.”; “For example, container 1000 may be delivered and one or more image capture devices 310 may capture images of the container being unloaded and unpacked, according to some embodiments.”; “For example, images may include one or more images of an item being received, inspected and stocked in inventory, according to one embodiment.”); column 22, lines 24-35 (most of paragraph));
- update a record associated with the package based on the detected change, the record including data corresponding to images generated by the one or more optical sensing devices (column 2, line 65, through column 3, line 13 (“Additionally, captured images, whether video or still, may include the package being sealed, addressed, weighed, and placed on a delivery vehicle.”); column 7, lines 32-56 (“The order fulfillment center may also include one or more motion detection devices or other sensors coupled to the control system and/or image capture devices to automate the capturing of images, according to one embodiment. For example, in one embodiment, the order fulfillment center may utilize sound-activated motion detection devices, while, in other embodiments, motion detectors based on ultrasonic, infrared, microwave, and/or video activated devices, may be used.”); column 7, line 57, through column 8, line 17 (“Additionally, captured data, such as images or video clips may be associated with their respective orders via any of a number of techniques, according to different embodiments. For instance, in one embodiment, every order may have an identification code on order paperwork that may be scanned, read, manually entered, or otherwise associated with the order during processing. Alternatively, a processing agent may read, scan, or manually enter an order ID code before starting to process an order and that order ID may be associated with any images captured during the processing of that order.”); column 10, lines 3-53 (“In some embodiments, electronic devices, such as motion detectors or RFIDs, may automatically trigger the capturing or collecting of data for any or all stages of a value-added service.”); column 12, line 58, through column 14, line 67 (motion detection and image capture); column 15, line 64, through column 16, line 22 (“In general, when capturing images of the processing of an order, one or more of the image capture devices may be configured to insert, append or otherwise include the date and time the image was captured in the captured image. In other embodiments, control system 300 may be configured to insert, append or otherwise include the date and time in captured images.”); column 19, lines 12-47 (“FIG. 7 illustrates an image database of captured images such as may be used to store images on web server 600, according to some embodiments. In other embodiments, however, such a database may store other types of captured data, such as audio, date/time, environmental data, or other data, either instead of or in addition to captured image data.”); column 21, line 58, through column 22, line 23 (“As opposed to, or in addition to, capturing data for visual verification of order processing, as described above, data may be captured at one or more receiving areas in an order fulfillment center or materials handling facility. For instance, FIG. 10 illustrates capturing of images for a shipment of items arriving at a materials handling facility, according to some embodiments.”; “For example, container 1000 may be delivered and one or more image capture devices 310 may capture images of the container being unloaded and unpacked, according to some embodiments.”; “For example, images may include one or more images of an item being received, inspected and stocked in inventory, according to one embodiment.”); column 22, lines 24-35 (most of paragraph)).
Shakes fails to disclose wherein the scannable medium is a barcode; identify the package in the captured images as the package associated with the scanned package identification information if a comparison between physical information about the item and the scanned package identification information associated with the package satisfy a criterion. Dearing discloses wherein the scannable medium is a barcode (paragraph [0049] (“The PASS module 100 can comprise, as depicted in FIG. 1, a scanner module 108. The scanner module 108 can be configured to collect information from an item. In some embodiments, for example, the scanner module 108 can be configured to read text and/or text strings located on the item, computer-readable code located on the item such as, for example, a barcode including a linear bar code, a 2D barcode, a QR code, an intelligent mail barcode, and/or any other desired computer-readable code, and/or collect any other desired format of information on the item.”)); identify the package in the captured images as the package associated with the scanned package identification information if a comparison between physical information about the item and the scanned package identification information associated with the package satisfy a criterion (paragraph [0036] (“In some embodiments, the item can be, for example, a package, a letter, or any other identifiable object.”); paragraph [0064] (“In some embodiments, the testing module 116 can be configured to facilitate ascertaining information related to a scanned item. In some embodiments, this information related to a scanned item can comprise, for example, physical information relating to the scanned item such as the dimensions of the scanned item, the weight of the scanned item, the type of services requested for the scanned item, the nature and/or contents of the scanned item, and/or any other desired physical information relating to the scanned item.”); paragraph [0065] (“The testing module 116 can include features and components to facilitate the gathering of information relating to the scanned item. In some embodiments, these features and/or components can include sensors capable of detecting the desired physical properties relating to the scanned item.”); paragraph [0067] (“In the event that the information from the testing module 116 relates to physical properties of the scanned item such as, for example, the item weight and/or item dimensions, the processor 102 can compare this information from the testing module 116 with information contained in the item label to verify the correctness of the item label information.”)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shakes such that the scannable medium is a barcode; and the invention identifies the package in the captured images as the package associated with the scanned package identification information if a comparison between physical information about the item and the scanned package identification information associated with the package satisfy a criterion, as disclosed by Dearing, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Shakes fails to disclose wherein the physical information is determined from the image information. Patel discloses wherein the physical information is determined from the image information (paragraph [0067] (“However, in the present invention, a handheld code reader is used to provide an approximation of real time or full-motion video output through the standard scanner interface.”); paragraph [0068] (“Thus, the code reader can be used in a fashion similar to a camcorder. The system can double as a code reader and a video camera, video display or video recorder, such as those used in surveillance applications.”); paragraph [0102] (“The following discussion presents the equations to obtain actual 3D dimensions from a 2D projection (image) of an object.”); paragraph [0113] (“FIGS. 11, 12(a) and 12(b) illustrate an alternative embodiment of the present invention which measures the dimensions and distance of a target object 800.”); paragraph [0118] (“While dimensioning aspects of the present invention has been described in connection with imaging code readers located on stands or in fixed positions, it will be understood that aspects of the present invention may be practiced with mobile or handheld code readers as well.”)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Shakes such that the physical information is determined from the image information, as disclosed by Patel, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Shakes fails to disclose associate the detected package with the package identification information to register a location of the package in the delivery vehicle. Razumov discloses associate the detected package with the package identification information to register a location of the package in the delivery vehicle (paragraph [0006] (“The system for preventing unauthorized access comprises an order-processing system for receiving a purchase order from a customer, and a tracking system for tracking the ordered product until the product is received by the customer.”); paragraph [0007] (“In accordance with one aspect of the invention, at least one separate package is provided for packing the product ordered by the customer.”; “The tracking system may record information indicating location of the package until the customer receives the ordered product, to prevent the package from being placed in an unauthorized location.”); paragraph [0011] (“A transportation unit, such as a car, truck or van, is used for delivering the package from the storage facility to a destination requested by the customer In accordance with a further aspect of the invention, the tracking system may record transportation information for the package to identify a transportation unit used for delivery of the package.”); paragraph [0039] (most of paragraph); paragraph [0060] (“When the container with the package is loaded into a transportation unit, such as a truck, van or car, for transporting the ordered product to the retail facility 12 or other location selected by the customer, the recording mechanism 102 records ID data identifying the transportation unit in association with the ID information of the container. As a result, the tracking system 24 may determine which transportation unit carries a particular container. The central data base and control system 16 may supply the tracking system with information on transportation units authorized to deliver packages.”)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Shakes such that the invention associates the detected package with the package identification information to register a location of the package in the delivery vehicle, as disclosed by Razumov, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Information Disclosure Statement
Applicant has cited USPTO Office action(s) on Applicant’s recent information disclosure statement(s). Please note that a reference cited in such Office action(s) has not necessarily been considered unless separately cited on an information disclosure statement.
Claim Objections
Claim 5 is objected to because of the following informalities: Please replace “Kiosk” with --kiosk--, which appears to have been accidentally capitalized. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “data acquisition device” in claim 2 (but not claim 5, in which it is further defined to be a scanner); “light-based guidance mechanism” in claim 6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 7 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Specifically, newly added claim 7 has the following language in the second-to-last line of the claim: “and a second, different visual indicator on packages not in the first subset”. Examiner has reviewed Applicant’s application-as-originally-filed and was unable to find support for that particular claim language. As part of such review, Examiner searched Applicant’s specification-as-originally-filed for the text strings of “light”, “beam”, “project”, “spot”, “laser”, “point”, “visual”, and “indicat”. The closest portion of Applicant’s application-as-originally-filed that Examiner found to providing such support was Applicant’s specification-as-originally-filed, paragraph [0070]. This paragraph provides various information relating to projecting a visual indicator on a package to be delivered but does not disclose “and a second, different visual indicator on packages not in the first subset”. Therefore, claim 7 is rejected under 35 U.S.C. 112, written description requirement.
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.
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Payne, US 20150210199 A1, in view of Or-Bach, US 6988079 B1, in further view of Fjellstad, US 20100213256 A1, in further view of Rouaix, US 8423431 B1.
As per Claim 7, Payne discloses:
- a package retrieval system for a delivery vehicle (paragraph [0021] (“In particular, the present invention embraces improved shelving systems for package-delivery vehicles so that packages are easier to locate at the time of delivery.”); paragraph [0024] (most of paragraph));
- a route module configured to provide information identifying a current delivery stop (paragraph [0009] (“The system also includes a GPS unit for detecting or otherwise determining the location of the package-delivery vehicle during delivery (e.g., while the driver of a delivery truck is driving a predetermined delivery route).”); paragraph [0027] (“Application programs 50 include any number of executable software programs designed to assist the delivery driver in the performance of specific tasks.”); paragraph [0038] (whole paragraph); paragraph [0039] (whole paragraph));
- a computing system, the computing system comprising one or more processors and memory storing executable instructions which, when executed by the one or more processors, cause the computing system (paragraphs [0025]-[0028] (computing components));
- (iii) determine, using the route module, a first subset of the packages designated for the current delivery stop (paragraph [0009] (“The system also includes a GPS unit for detecting or otherwise determining the location of the package-delivery vehicle during delivery (e.g., while the driver of a delivery truck is driving a predetermined delivery route).”; “The system also includes a computer (e.g., a central processing unit and an associated memory) that is configured to provide the shelf location of a particular package (i.e., the shelf-location information) when that package's delivery-location information substantially matches the vehicle-location information.”); paragraph [0027] (“Application programs 50 include any number of executable software programs designed to assist the delivery driver in the performance of specific tasks.”); paragraph [0038] (whole paragraph); paragraph [0039] (whole paragraph)).
Payne fails to disclose one or more sensing devices disposed to capture data of a package-holding area of the delivery vehicle; acquire the data of the package-holding area; control a light projector mounted with respect to the package-holding area to superimpose, within the package-holding area, a first visual indicator on each package of the first subset to guide retrieval of the packages designated for the current delivery stop. Or-Bach discloses one or more sensing devices disposed to capture data of a package-holding area of the delivery vehicle (column 2, lines 1-14 (whole paragraph)); acquire the data of the package-holding area (column 2, lines 1-14 (whole paragraph)); control a light projector mounted with respect to the package-holding area to superimpose, within the package-holding area, a first visual indicator on each package of the first subset to guide retrieval of the packages designated for the current delivery stop (Figure 5A; column 2, lines 1-14 (whole paragraph); column 4, line 59, through column 5, line 26 (“Using one of several methods described later (FIG. 5A), a person doing the transactions set forth on list 413 (e.g. the truck driver or store employees) may be aided in quickly and accurately finding the correct packages within truck 401 to be delivered to store 410.”); column 7, line 58, through column 8, line 26 (whole paragraph)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Payne such that the invention includes one or more sensing devices disposed to capture data of a package-holding area of the delivery vehicle; the invention acquires the data of the package-holding area; and the invention controls a light projector mounted with respect to the package-holding area to superimpose, within the package-holding area, a first visual indicator on each package of the first subset to guide retrieval of the packages designated for the current delivery stop, as disclosed by Or-Bach, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Payne fails to disclose wherein the package detection is vision-assisted; wherein the one or more sensing devices is one or more optical sensing devices disposed to capture images; the one or more optical sensing devices being in communication with a computing system; wherein acquiring data is acquiring images; detect, from the images, a plurality of packages and decode package-identification information comprising at least shipping-label text or a barcode value for respective ones of the packages. Fjellstad discloses wherein the package detection is vision-assisted (Figure 3; paragraph [0002] (“Such an imager may include a one- or two-dimensional charge coupled device (CCD) or a complementary metal oxide semiconductor (CMOS) device and associated circuits for producing electronic analog signals corresponding to a one- or two-dimensional array of pixel information over the field of view. The imager is analogous to the imagers used in electronic digital cameras.”); paragraph [0008] (“Preferably, the imager is a CCD or a CMOS with a rolling or a global shutter.”); paragraph [0019] (“The imaging lens assembly 20 is operative for adjustably focusing the return light onto the array of image sensors to enable the data on the target 38 to be imaged.”); paragraph [0024] (most of paragraph); paragraph [0029] (“Starting at start step 82, the controller 36 is operative at step 84 for capturing an image of all the target data on the label 60. At step 86, the controller 36 is operative for detecting one or more of the symbol areas 66, 70 on the label 60 and whether one or more of the symbols 68, 72 are in these detected areas 66, 70 and whether each symbol 68, 72 has a specific symbology, e.g., Code 128, or different specific symbologies, as shown in FIG. 3.”); paragraph [0031] (“For example, this invention is not to be limited solely to detecting Code 128 symbols as one of the above-described specific symbologies, or solely to the field of parcel delivery.”)); wherein the one or more sensing devices is one or more optical sensing devices disposed to capture images (Figure 3; paragraph [0002] (“Such an imager may include a one- or two-dimensional charge coupled device (CCD) or a complementary metal oxide semiconductor (CMOS) device and associated circuits for producing electronic analog signals corresponding to a one- or two-dimensional array of pixel information over the field of view. The imager is analogous to the imagers used in electronic digital cameras.”); paragraph [0008] (“Preferably, the imager is a CCD or a CMOS with a rolling or a global shutter.”); paragraph [0019] (“The imaging lens assembly 20 is operative for adjustably focusing the return light onto the array of image sensors to enable the data on the target 38 to be imaged.”); paragraph [0024] (most of paragraph); paragraph [0029] (“Starting at start step 82, the controller 36 is operative at step 84 for capturing an image of all the target data on the label 60. At step 86, the controller 36 is operative for detecting one or more of the symbol areas 66, 70 on the label 60 and whether one or more of the symbols 68, 72 are in these detected areas 66, 70 and whether each symbol 68, 72 has a specific symbology, e.g., Code 128, or different specific symbologies, as shown in FIG. 3.”); paragraph [0031] (“For example, this invention is not to be limited solely to detecting Code 128 symbols as one of the above-described specific symbologies, or solely to the field of parcel delivery.”)); the one or more optical sensing devices being in communication with a computing system (paragraph [0009] (most of paragraph)); wherein acquiring data is acquiring images (Figure 3; paragraph [0002] (“Such an imager may include a one- or two-dimensional charge coupled device (CCD) or a complementary metal oxide semiconductor (CMOS) device and associated circuits for producing electronic analog signals corresponding to a one- or two-dimensional array of pixel information over the field of view. The imager is analogous to the imagers used in electronic digital cameras.”); paragraph [0008] (“Preferably, the imager is a CCD or a CMOS with a rolling or a global shutter.”); paragraph [0019] (“The imaging lens assembly 20 is operative for adjustably focusing the return light onto the array of image sensors to enable the data on the target 38 to be imaged.”); paragraph [0024] (most of paragraph); paragraph [0029] (“Starting at start step 82, the controller 36 is operative at step 84 for capturing an image of all the target data on the label 60. At step 86, the controller 36 is operative for detecting one or more of the symbol areas 66, 70 on the label 60 and whether one or more of the symbols 68, 72 are in these detected areas 66, 70 and whether each symbol 68, 72 has a specific symbology, e.g., Code 128, or different specific symbologies, as shown in FIG. 3.”); paragraph [0031] (“For example, this invention is not to be limited solely to detecting Code 128 symbols as one of the above-described specific symbologies, or solely to the field of parcel delivery.”)); detect, from the images, a plurality of packages and decode package-identification information comprising at least shipping-label text or a barcode value for respective ones of the packages (Figure 3; paragraph [0002] (“Such an imager may include a one- or two-dimensional charge coupled device (CCD) or a complementary metal oxide semiconductor (CMOS) device and associated circuits for producing electronic analog signals corresponding to a one- or two-dimensional array of pixel information over the field of view. The imager is analogous to the imagers used in electronic digital cameras.”); paragraph [0008] (“Preferably, the imager is a CCD or a CMOS with a rolling or a global shutter.”); paragraph [0019] (“The imaging lens assembly 20 is operative for adjustably focusing the return light onto the array of image sensors to enable the data on the target 38 to be imaged.”); paragraph [0024] (most of paragraph); paragraph [0029] (“Starting at start step 82, the controller 36 is operative at step 84 for capturing an image of all the target data on the label 60. At step 86, the controller 36 is operative for detecting one or more of the symbol areas 66, 70 on the label 60 and whether one or more of the symbols 68, 72 are in these detected areas 66, 70 and whether each symbol 68, 72 has a specific symbology, e.g., Code 128, or different specific symbologies, as shown in FIG. 3.”); paragraph [0031] (“For example, this invention is not to be limited solely to detecting Code 128 symbols as one of the above-described specific symbologies, or solely to the field of parcel delivery.”)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Payne such that the package detection is vision-assisted; the one or more sensing devices is one or more optical sensing devices disposed to capture images; the one or more optical sensing devices is in communication with a computing system; acquiring data is acquiring images; and the invention detects, from the images, a plurality of packages and decodes package-identification information comprising at least shipping-label text or a barcode value for respective ones of the packages, as disclosed by Fjellstad, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Payne fails to disclose control a light projector to superimpose a second, different visual indicator on items not in the first subset to guide retrieval of the items. Rouaix discloses control a light projector to superimpose a second, different visual indicator on items not in the first subset to guide retrieval of the items (column 22, lines 25-67 (“FIGS. 6A and 6B illustrate the use of a light-based display device in picking and stowing, respectively, according to one embodiment. FIG. 6A, for example, illustrates identification of item 650 (the book, Of Mice and Men) within inventory area 635a. In this example, a display device 610a is directed by a control system (not shown) to project a laser beam at item 650.”; “In another example, two picking agents may be picking items in the same inventory area (or in nearby inventory areas), and each agent may be able to locate the item(s) they should pick based on the color of the beam used to identify them (e.g., using a different colored beam for each agent).”)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Payne such that the invention controls a light projector to superimpose a second, different visual indicator on items not in the first subset to guide retrieval of the items, as disclosed by Rouaix, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Allowable Subject Matter
Claims 1-4 and 6 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Foster, US 20130017812 A1 (remote access control to residential or office buildings).
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/NATHAN ERB/Primary Examiner, Art Unit 3628
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