DETAILED ACTION
1. This Final Office Action is in response to Applicant’s Amendments filed 11/12/2025. Claims 1-20 are currently pending. The earliest effective filing date of the present application is 9/1/2021.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 1-9, 11, 13, 15, and 20 are rejected under 35 U.S.C. 103 as being unpatenable by U.S. Pat. Pub. No. 2019/0311318 to Bauer et al. (“Bauer”) in view of U.S. Pat. No. 9,616,822 to Hamilton et al. (“Hamilton”).
5. With regards to claim 1 (similarly claim 13), Bauer disclosed the limitations of,
a portable product-identification device configured to:
identify a consumer product presented to the product-identification device (See [0006]-[0009] discussing the operator control element mounted on the roller container and [0002]-[0003] discussing the use being on an aircraft.); and
communicatively connect to a wireless network of the vehicle or the aircraft to update a central inventory of the vehicle or the aircraft based on the identified consumer product (See [0006]-[0009] discussing the operator control element mounted on the roller container and communicatively connected to the control unit of the galley via a wireless data connection and is designed to record removal of a supply item from the service unit and/or reception of a supply item by the service unit, and to bring about updating of the stock record of the transported supplies.); and
Baur teaches mounting the operator control element to the roller container, but does not specifically teach,
a detachable holder comprising:
a clamping arm configured to releasably clamp the holder to a service device within the vehicle or the aircraft; and
a mounting plate configured to releasably attach to the product-identification device to mount the product-identification device on the holder and thereby on the service device within the vehicle the aircraft1.
However, Hamilton teaches that it would have been obvious to one of ordinary skill in the holder art to include a detachable holder comprising: a clamping arm configured to releasably clamp the holder to a service device within the vehicle or the aircraft; and a mounting plate configured to releasably attach to the product-identification device to mount the product-identification device on the holder and thereby on the service device within the vehicle the aircraft (See Fig. 9 and [Col 3, l. 27-48] discussing the clamping mount for an electronic device to a pole.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur to include a detachable holder comprising: a clamping arm configured to releasably clamp the holder to a service device within the vehicle or the aircraft; and a mounting plate configured to releasably attach to the product-identification device to mount the product-identification device on the holder and thereby on the service device within the vehicle the aircraft, as disclosed by Hamilton. One of ordinary skill in the art would have been motivated to make this modification in order to mount smart phone or tablet in a convenient location (Hamilton [Col. 1, l. 18-20]).
6. With regards to claim 2, Bauer disclosed the limitations of,
wherein the product-identification device comprises:
an identification unit configured as at least one of a camera to take images of consumer products (See [0013]-[0014] discussing the identification unit of the operator control element having a camera to capture objects or read barcodes.),
a barcode reader to scan barcodes on consumer products (See [0013]-[0014] discussing the identification unit of the operator control element having a camera to capture objects or read barcodes.), and
a wireless reader to read out data tags on consumer products (See [0013]-[0014] discussing the identification unit of the operator control element having a camera to capture objects or read barcodes.).
7. With regards to claim 3, Bauer disclosed the limitations of,
wherein the product-identification device comprises a controller configured to analyze the images taken with the camera to reconstruct visible characteristics of the consumer product on a basis of object recognition algorithms, or Al or machine learning algorithms (See [0013]-[0014] discussing the identification unit of the operator control element having a camera to capture objects and [0050] discussing object recognition algorithms.).
8. With regards to claim 4, Bauer disclosed the limitations of,
wherein the product-identification device is configured to examine consumer products on service trays and to communicate corresponding inventory management information to the central inventory via the wireless network (See [0019] discussing tray integration and evaluation of items removed from the tray and [0052]-[0054] discussing tray analytics such as consumption. See also [0011] discussing network capabilities.).
9. With regards to claim 5, Bauer is silent on the limitations of,
wherein the product-identification device is configured to examine a consumption state of the consumer products on the service trays (See [0019] discussing tray integration and evaluation of items removed from the tray, [0052]-[0054] discussing tray analytics such as consumption, and [0041] discussing operator control element comprises smartglasses, i.e. data glasses, which are designed to capture the removal of a supply item from the service unit. See also [0011] discussing network capabilities.).
10. With regards to claim 6, Bauer disclosed the limitations of,
wherein the service device is a service trolley or a galley monument(See [0019] discussing the operator control element can be integrated into a service trolley or roller container.).
11. With regards to claim 7, Bauer disclosed the limitations of,
wherein the product-identification device is configured to automatically examine consumer products on service trays while the consumer products are removed from and/or supplied to the service device (See [0052]-[0054] discussing operator control element detecting the supplies, which have been placed on the tray and/or removed therefrom, and identifies said supplies by means of labels which are attached to the supplies.).
12. With regards to claim 8, Bauer disclosed the limitations of,
wherein the product-identification device is configured as a portable computer having a display for displaying inventory management information (See [0046] discussing operator control element as data glasses, smartphones, smartwatches, tablet computers and/or other portable computers.).
13. With regards to claim 9, Bauer disclosed the limitations of,
wherein the product-identification device is configured to exchange inventory management information with at least one of a galley control of the vehicle or the aircraft, an inventory database of the vehicle or the aircraft, and an external entity communicatively coupled to the vehicle or the aircraft, for off-board post- operation analysis (See [0006]-[0009] discussing the operator control element mounted on the roller container and communicatively connected to the control unit of the galley via a wireless data connection and is designed to record removal of a supply item from the service unit and/or reception of a supply item by the service unit, and to bring about updating of the stock record of the transported supplies.).
14. With regards to claim 11, Bauer is silent on the limitations of,
wherein the mounting plate is pivotably mounted on the holder.
However, Hamilton teaches that it would have been obvious to one of ordinary skill in the holder art to include mounting plate is pivotably mounted on the holder (See Fig. 9-11 and [Col 2, l. 32-34] discussing mounting plate using a pair jaws to secure the device. Examiner is interpreting the pair of jaws as snap-and-click connection.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur to include mounting plate is pivotably mounted on the holder, as disclosed by Hamilton. One of ordinary skill in the art would have been motivated to make this modification in order to mount smart phone or tablet in a convenient location (Hamilton [Col. 1, l. 18-20]).
15. With regards to claim 14, Bauer is silent on the limitations of,
wherein the clamping arm is configured to releasably clamp the holder to a correspondingly formed handle bar on the service device.
However, Hamilton teaches that it would have been obvious to one of ordinary skill in the holder art to include wherein the clamping arm is configured to releasably clamp the holder to a correspondingly formed handle bar on the service device (See Fig. 9 and [Col 3, l. 27-48] discussing the clamping mount for an electronic device to a pole.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur to include the clamping arm is configured to releasably clamp the holder to a correspondingly formed handle bar on the service device, as disclosed by Hamilton. One of ordinary skill in the art would have been motivated to make this modification in order to mount smart phone or tablet in a convenient location (Hamilton [Col. 1, l. 18-20]).
16. With regards to claim 15, Bauer is silent on the limitations of,
wherein the product-identification device is configured to automatically examine consumer products on service trays while the consumer products are removed from the service device and also while the consumer products are supplied to the service device (See [0052]-[0054] discussing operator control element detecting the supplies, which have been placed on the tray and/or removed therefrom, and identifies said supplies by means of labels which are attached to the supplies.).
17. With regards to claim 20, Bauer is silent on the limitations of,
the product-identification device comprises an identification unit configured as a camera adapted to take images of consumer products (See [0041] discussing the operation control element comprising an identification unit and [0048] discussing the identification unit as a camera.) ;
the product-identification device comprises a controller configured to analyze the images taken with the camera to reconstruct visible characteristics of the consumer products on a basis of object recognition algorithms (See [0050] discussing the object recognition by external shape and [0041] discussing the operation control element comprising an identification unit and the operation control element having a controller.); and
the product-identification device is configured to examine a consumption status of the consumer products on service trays based on the reconstructed visible characteristics and to communicate corresponding inventory management information to the central inventory via the wireless network (See [0050] discussing the object recognition by external shape and [0052]-[0054] discussing tray analytics such as consumption.).
18. Claims 10 and 16-19 are rejected under 35 U.S.C. 103 as being unpatenable by Bauer and Hamilton in further view of U.S. Pat. Pub. No. 2021/0319392 to Patil (“Patil”).
19. With regards to claim 10, Bauer and Hamilton are silent on the limitations of,
wherein the mounting plate is configured to form a plug-in with the product-identification device.
However, Patil teaches that it would have been obvious to one of ordinary skill in the holder art to include mounting plate is configured to form a plug-in with the product-identification device (See [0051] discussing collector can further include one or more clips/holders/magnets to hold respective collector devices onto the rotating base.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur and Hamilton to include the mounting plate is configured to form a plug-in, snap-and-click and/or magnetic connection with the product-identification device, as disclosed by Patil. One of ordinary skill in the art would have been motivated to make this modification in order to allow coupling of devices (Patil [0052]).
20. With regards to claim 16, Bauer and Hamilton are silent on the limitations of,
wherein the mounting plate is configured to form a snap-and-click connection with the product- identification device.
However, Patil teaches that it would have been obvious to one of ordinary skill in the holder art to include the mounting plate is configured to form a snap-and-click connection with the product- identification device (See [0051] discussing collector can further include one or more clips/holders/magnets to hold respective collector devices onto the rotating base.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur and Hamilton to include the mounting plate is configured to form a snap-and-click connection with the product- identification device, as disclosed by Patil. One of ordinary skill in the art would have been motivated to make this modification in order to allow coupling of devices (Patil [0052]).
21. With regards to claim 17, Bauer and Hamilton are silent on the limitations of,
wherein the mounting plate is configured to form a magnetic connection with the product- identification device.
However, Patil teaches that it would have been obvious to one of ordinary skill in the holder art to include the mounting plate is configured to form a magnetic connection with the product- identification device (See [0051] discussing collector can further include one or more clips/holders/magnets to hold respective collector devices onto the rotating base.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur and Hamilton to include the mounting plate is configured to form a magnetic connection with the product- identification device, as disclosed by Patil. One of ordinary skill in the art would have been motivated to make this modification in order to allow coupling of devices (Patil [0052]).
22. With regards to claim 18, Bauer and Hamilton are silent on the limitations of,
wherein the mounting plate is configured to form at least two of a plug-in connection, a snap- and-click connection, and a magnetic connection with the product-identification device.
However, Patil teaches that it would have been obvious to one of ordinary skill in the holder art to include the mounting plate is configured to form at least two of a plug-in connection, a snap- and-click connection, and a magnetic connection with the product-identification device (See [0051] discussing collector can further include one or more clips/holders/magnets to hold respective collector devices onto the rotating base.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur and Hamilton to include the mounting plate is configured to form at least two of a plug-in connection, a snap- and-click connection, and a magnetic connection with the product-identification device, as disclosed by Patil. One of ordinary skill in the art would have been motivated to make this modification in order to allow coupling of devices (Patil [0052]).
23. With regards to claim 19, Bauer and Hamilton are silent on the limitations of,
wherein the mounting plate is configured to form a plug-in connection, a snap-and-click, and a magnetic connection with the product-identification device.
However, Patil teaches that it would have been obvious to one of ordinary skill in the holder art to include the mounting plate is configured to form a plug-in connection, a snap-and-click, and a magnetic connection with the product-identification device (See [0051] discussing collector can further include one or more clips/holders/magnets to hold respective collector devices onto the rotating base.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur and Hamilton to include the mounting plate is configured to form a plug-in connection, a snap-and-click, and a magnetic connection with the product-identification device, as disclosed by Patil. One of ordinary skill in the art would have been motivated to make this modification in order to allow coupling of devices (Patil [0052]).
24. Claim 12 is rejected under 35 U.S.C. 103 as being unpatenable by Bauer and Hamilton in further view of Steenrod2.
25. With regards to claim 12, Bauer is silent on the limitations of,
wherein the clamping arm comprises a flexible bushing element configured to adapt the clamping arm to different handle bar diameters.
However, Hamilton teaches that it would have been obvious to one of ordinary skill in the holder art to include the clamping arm is configured with a … element to adapt the clamping arm to different handle bar diameters (See Fig. 9-11 and [Col 3, l. 40-46] discussing mounting plate ability to rotate.).
Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur to include the clamping arm is configured with a flexible bushing element to adapt the clamping arm to different handle bar diameters, as disclosed by Hamilton. One of ordinary skill in the art would have been motivated to make this modification in order to mount smart phone or tablet in a convenient location (Hamilton [Col. 1, l. 18-20]).
Hamilton is silent on,
flexible bushing element
However, Hamilton teaches that it would have been obvious to one of ordinary skill in the clamping art to include a flexible busing element (Depicts in image a phone bike mount with a rubberized layer in the clamp of the clamping arm.).
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Therefore, it would have been obvious for one of ordinary skill in the holder art before the effective filing date of the claimed invention to have modified the teachings of Baur and Hamilton to include a flexible bushing element, as disclosed by Hamilton. One of ordinary skill in the art would have been motivated to make this modification in order perform a simple substitution of a known mounting device.
Response to Arguments
26. Applicant's arguments filed 10/1/2025 have been fully considered but they are not persuasive.
Applicant argues that Examiner did not positively identify any specific structure of Bauer to the portable product-identification device. Examiner disagrees. See above mapping discussion of the operator control element.
Applicant argues Bauer does not teach a device to be mounted to a cart and points to one embodiment. Examiner disagrees. Bauer [0018] clearly discuss the operational control element as any of a tablet computer, a smartphone, a smartwatch or data glasses (smartglasses). Which, yes can all be mounted to a cart.
The argument against Hamilton is disputed for similar reasons.
Applicant argues that multiple operator control elements in addition to the “smart glasses” are required for Bauer as cited by [0046]. Examiner disagrees. [0046] is discussing multiple user device setup not that the operator control element must be smart glasses. See also [0017]-[0019] discussing the nesting of operator control elements and the different electronics that can be used. Examiner maintains position.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited, PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL JARED WALKER whose telephone number is (303)297-4407. The examiner can normally be reached Monday-Thursday 9:00 AM -5:00 PM CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd Obeid can be reached at (571)270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JARED WALKER/Primary Examiner, Art Unit 3627 Michael.walker@uspto.gov
1 See MPEP §2114. The location of use does not change the functionality of the device.
2 MC Tested: RAM Mounts X-Grip and Tough-Claw Cell Phone Mount For Motorcycles, Will Steenrod October 15, 2016, https://www.motorcyclistonline.com/mc-tested-ram-mounts-x-grip-and-tough-claw-cell-phone-mount-for-motorcycles/
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