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 .
Status of Claims
This is a non-final rejection in response to claims/amendments filed on 02/19/2026. Claims 23-27 and 29-30 are cancelled. Claims 31-32 have been added. Therefore, claims 16-19, 21, 22, 31, and 32 are pending and are examined herein.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/19/2026 has been entered.
Priority
The claims hold the priority of prior filed foreign application #EP21207013.0 which was filed on 11/08/2021.
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 16-19, 21, 22, 31 and 32 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Is the claim to a process, machine, manufacture or composition of matter?
Claims 16-19, 21, 22, 31 and 32 are to An apparatus for using a product having an in-use expiry date, the apparatus comprising:
which falls under “machine.” Therefore, claims 16-19, 21, 22, 31 and 32 fall under at least potentially eligible subject matter category, at least “process, machine, or manufacture,” therefore the claims are to be further analyzed under step 2.
Step 2a Prong 1: Is the claim reciting a Judicial Exception(A Law of Nature, a Natural Phenomenon (Product of Nature), or An Abstract Idea?)
The claims under the broadest reasonable interpretation in light of the specification are analyzed herein. Representative claim 16 is marked up, isolating the abstract idea from additional elements, wherein the abstract idea is in bold and the additional elements have been italicized as follows:
Claim 16:
- An apparatus for using a product having an in-use expiry date, the apparatus comprising:
at least one label or tag comprising a machine-readable code comprising or linked to data of a respective product contained in an enclosure, wherein the label or tag is i) fixed to the product and/or iia) contained in or iib) attached to the enclosure, wherein the data of the product comprise a plurality of different in-use life periods for said product;
a portable electronic device comprising an electronic control unit and reading devices configured for reading the data of the product from the machine-readable code;
an application loaded in the electronic control unit or in a remote location and configured for:
receiving and optionally storing the data of the product and a date of reading (Tread) when the reading devices read the machine-readable code at said date of reading;
if said data of the product are new data, thus indicating that the machine-readable code has been read for the first time after manufacturing the product, then:
receiving from a radio receiver of the portable electronic device a parameter indicating at least one of i) a region or country where the portable electronic device is located or ii) a time of year or season;
selecting, from the plurality of different in-use life periods, a location-specific in-use life period (ATin use) that corresponds to the received parameter, wherein the plurality of different in-use life periods comprises at least a first in-use life period for a first geographic location having a first environmental condition-and a second in-use life period for a second geographic location having a second environmental condition, wherein each of the different in-use life periods corresponds to a different rate of physical degradation of the product under different environmental conditions;
calculating and storing an in-use expiry date (Texpinuse) from the date of reading and the selected location-specific in-use life period as Texpinuse = Tread + ATin_use and/or starting an in-use expiry counter; and
enabling at least one alert as a function of the selected location-specific in-use expiry date and/or of the in-use life period, so that the portable electronic device issues said at least one alert i) when the selected location-specific in-use expiry date is reached or approaching or ii) when the selected location-specific in-use life period is elapsed or about to elapse thereby alerting a user before the product degrades beyond usability based on actual environmental conditions at the location where the product is being used;
When evaluating the bolded limitations of the claims under the broadest reasonable interpretation in light of the specification, it is clear that representative claim 16 recites an abstract idea within the abstract idea category of “certain methods of organizing human activity” outlined in MPEP 2106.05(a)(2). More specifically, the present claims fall under the sub-grouping “commercial or legal interactions,” which include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. The commercial or legal interaction is the tracking of a location-specific in-use life period of a product used by a user, and notifying the user when the expiry date is approaching or elapsed. This is both a commercial or legal interaction since it is a service meant to communicate to the customer of the usability of a product, enabling a business to uphold the quality of their product. The steps of “receiving data of the product and date of reading,” “if said data of the product are new data, receiving a parameter indicating one of i) a region or country where the portable electronic device is located or ii) a time of year or season”, “selecting a location-specific in-use life period that corresponds to the received parameter,” and “alerting a user before the product degrades beyond usability based on actual environmental conditions at the location where the product is used.” are merely generic data processing operations that are merely a set of instructions to perform the abstract idea. The specification, paragraph 3 lines 24-34 states,
“It is an object of the present invention to provide a way of optimizing the use/consumption of a product with an expiry date so that it is not thrown away too soon or used when no longer effective.
Especially, it is object of the present invention to provide an apparatus and a method of advising the user not to use/consume the product after said product has passed the in-use expiry date. Exceeding the expiry date may be more or less critical depending on the type of product. Indeed, loss of sterility and potential infection with a contact lens solution or use of some cosmetics after in-use expiry or eating some foods after in-use expiry may lead to harm to the user. Using bathroom sealant or paint when it is not effective may be costly and annoying but may not cause physical harm to the user.”
As seen above, the invention attempts to address the problem of users consuming/using products past their expiry date, which is a problem within the abstract idea.
Even when considering the amended limitation of “receiving a parameter indicating at least a region or country or a time of year or season,” this claim is broad enough such that it encapsulates any method of receiving such parameters, including by user input. Furthermore, the amended steps of selecting, from the plurality of different in-use life periods, a location-specific in-use life period (ATin use) that corresponds to the received parameter, wherein the plurality of different in-use life periods comprises at least a first in-use life period for a first geographic location having a first environmental condition-and a second in-use life period for a second geographic location having a second environmental condition, wherein each of the different in-use life periods corresponds to a different rate of physical degradation of the product under different environmental conditions;” is merely a rule-based data interaction, merely mapping a location to the stored in-use life period for that location. However, the claims do not limit how the selection takes place or how the in-use life period was calculated, other than reciting that it is “location-specific,” and it corresponds to a different rate of physical degradation of the product under environmental conditions. Finally, the amendments that require the in-use expiry date to be “selected location-specific in-use expiry date” is still part of the abstract idea because regardless of whether the expiry date is location-specific or not, this is merely still a commercial or legal interaction resulting in a display of information to an individual, thus it is reciting “certain methods of organizing human activity.” Finally, the amended limitation “thereby alerting a user before the product degrades beyond usability based on actual environmental conditions at the location where the product is being used” is still part of the abstract idea because it merely recites the solution or outcome of the abstract idea.
Furthermore even when considering the amended limitations, such as, a “label or tag” comprising code, wherein the label or tag is i) fixed to the product, or contained in or attached to the enclosure, wherein the data of the product comprises a plurality of different in-use life periods for said product, the broadest reasonable interpretation of the claims includes merely labeling the product by printing a plurality of different in-use life periods for said product, by printing the information on the enclosure. This interpretation of the claims is merely a recitation of nonfunctional descriptive material under MPEP 2111.05 which states, “Where a product merely serves as a support for printed matter, no functional relationship exists. These situations may arise where the claim as a whole is directed towards conveying a message or meaning to a human reader independent of the supporting product.” Therefore, in order for this limitation to recite a functional relationship, the claims must be amended such that they do not encapsulate teachings such as merely printing a label with the plurality of different in-use life periods. Though the specification recites the label or tag being a QR code, bar code, or RFID, limitations in the specification are not read into the claims, the claim language is interpreted in its plain meaning in view of the actual claim language. The limitation is reanalyzed under Step 2A Prong 2, for purposes of compact prosecution, assuming arguendo, that the label or tag is merely limited to a QR Code, Bar Code, or RFID.
Even when considering the amended limitations of Therefore, the claims recite certain methods for organizing human activity, particular commercial or legal interactions, therefore, the claims recite an abstract idea.
Step 2A Prong 2: Does the claim recite additional elements that integrate the judicial exception into a practical application?
Claim 19 recites the following additional elements:
- An apparatus for using a product having an in-use expiry date
- at least one label or tag comprising a machine-readable code comprising or linked to data of a respective product contained in an enclosure,
- a portable electronic device comprising an electronic control unit and reading devices
- an application loaded in the electronic control unit or in a remote location and configured for:
- reading devices
- machine-readable
- radio receiver of the portable electronic device
The additional elements in claim 19, when considered individually and in combination with the claim as a whole, are no more than a recitation of the words “apply it” (or an equivalent) or mere instructions to implement an abstract idea or other exception on generic computing components as outlined in MPEP 2106.05(f). In this case, the abstract idea of “tracking of the expiration date of a product used by a user, and notifying the user when the expiry date is approaching or elapsed” is merely instructed to be performed on generic computing components such as an apparatus, machine-readable code, a computer, a portable electronic device, reading devices, a tag, and radio receiver. The components listed above are generic computing devices because they recite devices merely performing software instructions to perform the abstract idea. For example, the portable electronic device and reading devices.., in view of the specification, in at least page 9, includes smartphones with cameras or NFC readers being used as the reading devices. Furthermore, the use of devices in their ordinary capacity to perform an economic or other task, is still an “apply it” level element. For example, the tag is merely an RFID used in its ordinary capacity to transmit data, in view of at least page 15 of the specification. Similarly, using a QR code or barcode to store machine-readable code is merely using QR codes or barcodes in their ordinary capacity to store the information associated with the abstract idea. Finally, using a “radio receiver” to receive parameters from a device, whether those parameters are user-inputted or through features like “GPS,” still recites an ordinary use of generic computing devices.
Furthermore, limiting the abstract idea to be performed on an application does not meaningfully limit the claim beyond generally linking the abstract idea to a particular technological environment or field of use. Therefore, the additional elements, whether analyzed individually or in an ordered combination in the context of the claims, fail to integrate the abstract idea into a practical application. Therefore, the claims are directed to an abstract idea without integration into a practical application.
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
Claim 19 recites the following additional elements:
- An apparatus for using a product having an in-use expiry date
- at least one label or tag comprising a machine-readable code comprising or linked to data of a respective product contained in an enclosure,
- a portable electronic device comprising an electronic control unit and reading devices
- an application loaded in the electronic control unit or in a remote location and configured for:
- reading devices
- machine-readable
- radio receiver of the portable electronic device
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computing components such as an apparatus, machine-readable code, a computer, a portable electronic device, reading devices, a tag, and radio receiver to perform the abstract idea of “tracking of the expiration date of a product used by a user, and notifying the user when the expiry date is approaching or elapsed” amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Furthermore, limiting the abstract idea to be performed on an application does not meaningfully limit the claim beyond generally linking the abstract idea to a particular technological environment or field of use. Accordingly, even when viewed as a whole, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. Thus claim 19 is not patent eligible because the claims are directed to an abstract without significantly more.
Dependent claims 17, 18, 19, 21, 22, 31, and 32 are also given the full two part analysis both individually and in combination with the claims they depend on herein:
Claim 17 further limits the abstract idea by instructing the devices to store the expiry date and issue a further alert if the in-use expiry date occurs after the expiry date and/or if the in-use life period elapses after the expiry date. This is more of the abstract idea, whether considered individually or in combination, since it is merely further directed to notifying customers of varying expiration dates, which still falls under the same “certain methods of organizing human activity” category of abstract idea. There are no further additional elements to consider, since the application is still a general link under MPEP 2106.05(h). There are no further additional elements to consider, therefore whether analyzed individually or in an ordered combination, the abstract idea has not been integrated into a practical application and significantly more as not been found. Claim 17 is still directed to an abstract idea without an inventive concept.
Claim 18 merely further limits the abstract idea by adding a “unique identifier” to the steps. This is more of the same abstract idea since it merely indicates how the data is to be processed, whilst still performing the steps of the same abstract idea. There are no further additional elements to consider, therefore whether analyzed individually or in an ordered combination, the abstract idea has not been integrated into a practical application and significantly more as not been found. Claim 18 are still directed to an abstract idea without an inventive concept.
Claim 19 furthers define the abstract idea by adding of displaying the remaining amount of time if the data shows that the product data is not new. This is merely more of the same abstract idea since it is merely instructing the output of the abstract idea. The output devices of the portable electronic devices are merely generic computing devices being instructed to perform the abstract idea of outputting said data, as outlined in MPEP 2106.05(f). Therefore whether analyzed individually or in an ordered combination, the abstract idea has not been integrated into a practical application and significantly more as not been found. Claim 19 are still directed to an abstract idea without an inventive concept.
Claim 21 merely further limit the abstract idea by indicating the products include “medicament devices, cosmetic products, a food item, or a product for buildings or industry and the enclosure delimits a controlled atmosphere environment.” Indicating the type of devices that the label or tag is attached to does not transform the abstract idea, as it still performs the steps of tracking the expiration date of a product and issuing alerts. These devices are not additional elements since they are merely the types of products in which the label or tags are attached to, and are not being used to perform any of the abstract idea steps. Therefore, there are no further additional elements to consider. Therefore whether analyzed individually or in an ordered combination, the abstract idea has not been integrated into a practical application and significantly more as not been found. Claim 21 are still directed to an abstract idea without an inventive concept.
Claim 22 further limits the labels or tags to comprise a QR code and the portable electronic device to be a smartphone and the reading device to be a camera. These are all additional elements, that even when substituting these elements into claim, are still “apply it” since the functions being performed are still generic uses of smartphones, cameras, and QR codes in their ordinary capacity added to the abstract idea post-hoc. Even when considering individually, or as an ordered combination, nothing meaningfully limits the abstract idea to be significantly more. Therefore, claim 22 remains patent ineligible.
Claim 31 merely further limits the abstract by specifically reciting a time of year-specific in-use life period (Tin_use) that corresponds to the received parameter, however, like the location-specific in-use life period, this is merely a further limitation of the “commercial or legal interaction” of notifying users regarding the expiry date of an item. The expiration date being based on the time of year is more of an improvement to the abstract idea, not a technological improvement. Therefore, there are no further additional elements to consider. Therefore whether analyzed individually or in an ordered combination, the abstract idea has not been integrated into a practical application and significantly more as not been found. Claim 31 is still directed to an abstract idea without an inventive concept.
Claim 32 merely further limits the abstract idea by making the in-use life period both “location-specific and time of the year-specific in-use life period” that corresponds to the received parameter. As stated above, this is merely a further limitation of the “commercial or legal interaction” of notifying users regarding the expiry date of an item. The expiration date being based on both the time of year and the location is more of an improvement to the abstract idea, not a technological improvement. Therefore, there are no further additional elements to consider. Therefore whether analyzed individually or in an ordered combination, the abstract idea has not been integrated into a practical application and significantly more as not been found. Claim 32 is still directed to an abstract idea without an inventive concept.
Claim Rejections – 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 16-19, 21, 22, 31 and 32 are rejected under 35 U.S.C. 103 as being obvious over by Haimi et al. (US 10325241 B2) hereinafter Haimi, further in view of Gupta et al. (US 20080294488 A1) hereinafter Gupta.
Regarding Claim 16:
Haimi discloses systems and methods for tracking the self-life and after opening usage life of medicaments, foods and other perishables using QR codes, NFCs, and varying algorithms to calculate a usage expiration date that factors in the time since the product was opened. Haimi teaches:
- An apparatus for using a product having an in-use expiry date, the apparatus comprising: (Haimi [Col. 3 Lines 1-3] According to another embodiment there is provided a system for monitoring a life-cycle of a product, the system including a server computer including a processor; [Col. 8 Lines 61-62] Referring back to FIG. 2, in step 208 of the server process, the system calculates a usage expiration date for the product.)
-at least one label or tag comprising a machine-readable code comprising or linked to data of a respective product contained in an enclosure, (Haimi [Col. 4 Lines 15-18] Each identifier is related to a unique code (or other indicia) 120 that is primed on a product package 130. [Col. 4 Lines 18-26] The indicia may be a barcode, a Quick Response (QR) code, an RFID tag, an NFC tag or any similar indicia (including printed electronics). For purposes of clarity, the aforementioned indicia are referred to hereinafter as “unique scan-able codes”, “unique codes”, “scan-able codes” or simply “codes”, and variations thereof.)
-wherein the label or tag is i) fixed to the product and/or iib) attached to the enclosure, (Haimi [Col. 4 Lines 35-39] The user device is employed to scan the scan-able codes on the product packaging. Once a scan-able code has been scanned, the device relays the data that was captured by scanning the code, to the server, via a network 150. [Col. 5 Lines 4-12] In exemplary one embodiment, the central server allots a batch of unique identifiers to the manufacturer for application to a batch of product units (e.g. bottles of eye drops). The manufacturer then prints unique codes on each of the product units (and/or on the outer packaging thereof).)
-wherein the data of the product comprise a plurality of different in-use life periods for said product; (Haimi [Col. 1 Lines 17-23] According to the present invention there is provided a method and system for tracking not only the expiration date of a medicine (food stuff or other perishable) based on the shelf life, but also the expiration from a tune of opening/first using the medicine or perishable (e.g. cosmetics, chemicals, toothbrushes etc.)—i.e. the beginning of use of the object—until the object is no longer usable. [Col. 3 Lines 22-27] According to still further features the memory having program code stored thereon that when executed, instructs the processing unit to: display a usage timer, the usage timer configured to run from the modification time for a length of time substantially equal to the estimated length of time the product is usable in the non-preserved state. [Col. 18 Lines 46-48] Step 708—calculate a usage expiration date based on an estimated length of time the product is usable in the non-preserving state and the modification time. [Col. 10 Lines 45-47] In step 218 the server recalculates the usage expiration date based on the preferred storage environment.) The broadest reasonable interpretation of (in-use life period) in view of the specification is the amount of time that the device is usable, once it is deemed in use. Therefore, Haimi’s “estimated length of time the product is usable in the non-preserving state,” which means the amount of time from the opening or first use of the perishable, is mapped to the “In-use life period.”
-a portable electronic device comprising an electronic control unit and reading devices configured for reading the data of the product from the machine-readable code; (Haimi [Col. 4 Lines 27-39] User devices UD a . . . n are computing devices, such as a telephone, a computer (desktop, laptop, tablet, handheld, etc.), a personal digital assistant (PDA), a smart phone and the like, each of which are capable of scanning, or otherwise electronically capturing, and transmit scan-able indicia. User device 140 is capable of scanning the scan-able codes. The user device is employed to scan the scan-able codes on the product packaging. Once a scan-able code has been scanned, the device relays the data that was captured by scanning the code, to the server, via a network 150. [Col. 18 Lines 17-26] The client side computing device 600 further includes a scanning component 650. The scanning component may be an imaging sensor (e.g. a camera), a Bluetooth™ transceiver, a NFC component, an RFID component, an Infrared component, a WiFi component and/or any other known wireless communications component known in the art. Alternatively or additionally the computing device may be coupled to such a device in a wired or wireless manner (e.g. a PC wired to a web camera or wirelessly coupled to a scanning device). [Col. 18 Lines 27-33] FIG. 7 illustrates a flow diagram of an embodiment of the client-side process. In one embodiment, the client side computing device 600, in communication with a server computer 100 over a network 150, has program code stored there that when executed, in response to the scanning component 650 scanning a unique code on the product (step 700), instructs the processing unit to: ) The reading devices are mapped to Haimi’s scanning components since they both refer to the component of the computing device in charge of receiving communications through imaging, bluetooth, NFC, RFID.
-an application loaded in the electronic control unit or in a remote location and configured for: (Haimi [Col. 18 Lines 4-17] Another possible configuration is of the system is shown in FIG. 6. FIG. 6 is a block diagram of client side devices interacting with a server computer. In the figure, server 100 is depicted in communication with a client side computing device 600 via the network 150. The system components can be found in the server computer and at least some of the same or similar components or corresponding, components can be found in the client side computing device, including at least a non-volatile computer-readable storage medium 602, a processing unit 604 and a memory 606. The client side computing device can have installed thereon a software application or a mobile application programmed with instructions to execute the above detailed processes.)
-receiving and optionally storing the data of the product and a date of reading (Tread) when the reading devices read the machine-readable code at said date of reading; (Haimi [Col. 8 Lines 28-37] When the code is scanned, the scanning device (also interchangeably referred to as an “end-user device”) sends a notification to the central server that the state of the product has been modified. In step 206 the central server receives an electronic scanning notification from an end-user device, via a network such as a cellular data network, including a Modification Time where the modification time indicates a time of modification of the product, i.e. the time at which point the product was been modified from being in a preserved state to being in a non-preserved state. [Col. 13 Lines 20-26] The usage expiration date for the specific bottle is calculated based on the usage-life of the medicament and the time when the pharmacist or end-user scans the unique code to notify the server that the medicine is being hydrated into the liquid suspension. The data entry linked to the unique code includes the information regarding the usage-life of the suspension once it has been made up. ) In Haimi, the time when the pharmacist or end-user scans the unique code is used to calculate the usage expiration date, therefore, this time is mapped to “date of reading.”
-if said data of the product are new data, thus indicating that the machine-readable code has been read for the first time after manufacturing the product, then: (Haimi [Col. 5 Line 62- Col. 6 Line 4] FIG. 2 illustrates a server-side flow diagram relating to some of the elementary process steps of the immediate invention. The flow diagram depicts a process whereby the system tracks and monitors the life-cycle of a specific product unit. As mentioned above, when the product is first manufactured and packaged, the unique code is operationally coupled to the product. As part of the manufacturing packaging process, each code is scanned (e.g. as the product passes a scanning device while on a conveyer belt of the production line). [Col. 6 Lines 5-10] In step 202 of the server-side process, the central server receives an electronic manufacture notification (e.g. as a result of the product code being scanned) from the manufacturer, is the network, informing the central server that the product unit, including the unique scan-able code, is now actively in circulation.) Haimi’s steps above mark the indication of the scan being read for the first time, which occurs once the product is manufactured and shipped. More particularly, the electronic manufacture notification is an indication of the product being scanned for the first time.
-receiving from a radio receiver of the portable electronic device a parameter indicating at least one of i) a region or country where the portable electronic device is located or ii) a time of year or season;(Haimi [Col. 2 Lines 6-10] According to still further features the method further includes tracking the product based on location data the location data relating to a geographical location of the scanning device and included in the electronic scanning notification. [Col. 8 Lines 31-37] In step 206 the central server receives an electronic scanning notification from an end-user device, via a network such as a cellular data network, including a Modification Time where the modification time indicates a time of modification of the product, i.e. the time at which point the product was been modified from being in a preserved state to being in a non-preserved state. [Col. 18 Lines 19-23] The scanning component may be an imaging sensor (e.g. a camera), a Bluetooth™ transceiver, a NFC component, an RFID component, an Infrared component, a WiFi component and/or any other known wireless communications component known in the art.) “RFID” is known in the art to stand for “radio frequency identification,” thus a scanner with a RFID component, satisfies “radio receiver.”
-selecting, from the plurality of different in-use life periods, an in-use life period that corresponds to the received parameter(Haimi [Col. 10 Lines 43-47] In step 216 the server receives the notification from the end-user device that the product is located in the preferred storage environment. In step 218 the server recalculates the usage expiration date based on the preferred storage environment. [Col. 2 Lines 11-17] According to still further features the prompting an end-user to extend the estimated usage life by placing the product in a preferred storage environment; receiving notification from the scanning device that the product is located in the preferred storage environment; recalculating the usage expiration date based on the preferred storage environment; [Col. 10 Lines 30-34] As discussed above, some perishable products, like certain medicaments and food stuffs keep fresh or viable for longer if stored in a refrigerated environment. For example, the shelf life of chicken eggs can be extended for about a month if the eggs are place in the refrigerator.) Given that Haimi teaches a use expiration date based on the preferred storage environment, which is different from the use expiration outside of the storage environment, that means that the recalculating in Haimi satisfies “selecting from a plurality of different in-use life period...”
-wherein the plurality of different in-use life periods comprises at least a first in-use life period for a first environment having a first environmental condition, and a second in-use life period for a second environment having a second environmental condition,(Haimi [Col. 10 Lines 21-24] The retailer's usage expiration date is now calculated based on the remaining product shelf life (once out of refrigeration) and the rules that dictate how long in advance of an expiration date a product may be sold. [Col. 10 Lines 30-47] As discussed above, some perishable products, like certain medicaments and food stuffs keep fresh or viable for longer if stored in a refrigerated environment. For example, the shelf life of chicken eggs can be extended for about a month if the eggs are place in the refrigerator.
(56) Referring back to FIG. 2, according to some embodiments, in an optional step 214 (the step is indicated as optional by the use of a broken-line border) the end-user is prompted to extend the usage life of the product h placing the product in a preferred storage environment (e.g. a cool storage locker, a fridge, a Ziplock® bag etc.). If the end-user decides to place the product in the preferred storage environment then the end-user responds to the prompt and sends a notification to the server. In step 216 the server receives the notification from the end-user device that the product is located in the preferred storage environment. In step 218 the server recalculates the usage expiration date based on the preferred storage environment.) Since there is a use expiration date for (once out of refigeration), and other dates based on storage environment, then there must be a plurality of different in-use life periods for each environment having an environmental condition.
-wherein each of the different in-use life periods corresponds to a different rate of physical degradation of the product under different environmental conditions;(Haimi [Col. 10 Lines 30-47] As discussed above, some perishable products, like certain medicaments and food stuffs keep fresh or viable for longer if stored in a refrigerated environment. For example, the shelf life of chicken eggs can be extended for about a month if the eggs are place in the refrigerator.)
-calculating and storing an in-use expiry date (Texpin_use) from the date of reading and the selected in-use life period as Texpin_use = Tread + Atin_use and/or starting an in-use expiry counter; (Haimi [Col. 8 Line 61 – Col. 9 Line 3] Referring back to FIG. 2, in step 208 of the server process, the system calculates a usage expiration date for the product. The usage expiration date is calculated based on an estimated length of time the product is usable in the non-preserving state and the modification time. In preferred embodiments, one of the steps that the server initiates is step 210 where the server sends data to the end-user device including the shelf-expiration date of the product. In an optional embodiment, in step 250, the end-user device displays the shelf-life timer. [Col. 9 Lines 4-15] In a further step 212, the server sends the usage expiration date of the product to the end-user device. The usage expiration date is calculated based on the aforementioned estimated length of time the product is usable after modification (opening or preparation for use) and the modification time when the packaging was opened or the product modified, per end-user device notification. See below for a more detailed discussion regarding various services offered by the system in response to the server receiving the electronic notification from the end-user device. In one embodiment, the process includes an optional step 252 where the end-user device displays the usage life timer.) The usage expiration date in Haimi is mapped to Texpin_use since they both describe the expiration date accounting for when it was put in use. The fact that this calculated based on the estimated length of time that it is usable(Atin-_use), and(+) the time when the product was opened or modified (T-_read) satisifies the limitation.
-and enabling at least one alert as a function of the selected in-use expiry date and/or of the in-use life period, so that the portable electronic device issues said at least one alert i) when the selected in-use expiry date is reached or ii) when the selected in-use life period is elapsed.(Haimi [Col. 14 Lines 20-27] In some embodiments, the central server is configured to compare the usage expiration date of a product with the shelf-life expiration date of that product. If the server determines that there is a possibility that the product will be used after the shelf-life expiration date—based at least on the usage expiration date then, in step 222 (FIG. 2) the central server issues a warning notification to the end-user device that scanned the unique code. [Col. 14 Lines 28-32] In some embodiments, a similar warning can be sent to a care facility, such as a local hospital or poison center and the like, notifying medical personnel and/or municipal authorities, that the product may be used after the shelf-life expiration date.)
--thereby alerting a user before the product degrades beyond usability based on actual environmental conditions at the location where the product is being used.(Haimi [Col. 13 Lines 14-28] At the pharmacy, when a unit is purchased, the pharmacist “makes up” the medicine by breaking the seal and adding the required amount of distilled water. The medicine, in liquid form, is effective for up to a month in refrigeration. Thereafter the medicament loses its efficacy and must not be used. The usage expiration date for the specific bottle is calculated based on the usage-life of the medicament and the time when the pharmacist or end-user scans the unique code to notify the server that the medicine is being hydrated into the liquid suspension. The data entry linked to the unique code includes the information regarding the usage-life of the suspension once it has been made up. According to the flow chart of FIG. 1, the server sends a notification of the usage expiration date to the end-user.)
However, Haimi fails to teach:
-that the selecting is “selecting, from the plurality of different in-use life periods, a location-specific in-use life period that corresponds to the received parameter.”
-a first in-use life period for a first geographic location having a first environmental condition, and second in-use life period for a second geographic location having a second environmental condition
- enabling at least one alert, as a function of the selected location-specific in-use expiry date, issuing an alert when the selected location-specific in-use expiry date is reached or approaching or ii) when the selected location-specific in-use life period is elapsed or about to elapse
Alternatively, Gupta discloses a supply chain management system that generates a predicted shelf-life that estimates the specific date when a product is expected to expire based on product location and other conditions. Gupta teaches:
-that the selecting is “selecting, from the plurality of different in-use life periods, a location-specific in-use life period that corresponds to the received parameter.”(Gupta [0026] The controller 50 determines the shelf life and other expected characteristics of the product based on the sensed conditions and prior, historical conditions stored in the database 30 using the shelf life prediction algorithms 55 and/or the additional algorithms 60...The predicted shelf life can be a specific date on which the product is expected to expire, or alternatively, the shelf life can be a period of time in which the product is predicted to remain viable. In some constructions, the controller 50 can automatically generate a report containing the shelf life information. The controller 50 can also generate reports containing the shelf life information in response to requests from members 15. In these constructions, additional information can be included in the reports (e.g., sensed conditions of the product, product information, product location, historical data, etc.).
-a first in-use life period for a first geographic location having a first environmental condition, and second in-use life period for a second geographic location having a second environmental condition.(Gupta [0021] The application software is accessible by the members 15 via the network 20, and includes one or more shelf life prediction algorithms 55 to analyze product historical data, current data, and future or expected conditions that may impact the product, and to establish an estimated or approximate shelf life for the product. The historical data can include environmental conditions present during harvesting such as weather patterns, temperature, humidity, and the like. The expected conditions are based on the environmental conditions, the location, and other data associated with the product that can be used to accurately predict future product conditions.) Since the shelf-life prediction algorithm results in estimation of shelf life based on environmental conditions at the geographic location, then Gupta satisfies the limitation because each geographic location with an environmental condition corresponds to a different in-use life period.
- enabling at least one alert, as a function of the selected location-specific in-use expiry date, issuing an alert when the selected location-specific in-use expiry date is reached or approaching or ii) when the selected location-specific in-use life period is elapsed or about to elapse(Gupta [0026] The predicted shelf life can be a specific date on which the product is expected to expire, or alternatively, the shelf life can be a period of time in which the product is predicted to remain viable. In some constructions, the controller 50 can automatically generate a report containing the shelf life information. The controller 50 can also generate reports containing the shelf life information in response to requests from members 15. In these constructions, additional information can be included in the reports (e.g., sensed conditions of the product, product information, product location, historical data, etc.).)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Haimi with Gupta’s teachings, particularly by selecting an in-use life period based on the environmental conditions, but adding the feature of using the location to predict the environmental condition as in Gupta, which is missing from Haimi. By performing this simple addition, one of ordinary skill in the art would arrive at the predictable outcome of determining an in-use life period based on the geographic location and the corresponding environmental conditions. One of ordinary skill in the art would have been motivated by Gupta’s benefit of the location data being used to determine weather patterns, temperature, humidity, and other expected conditions.(Gupta [0021] The historical data can include environmental conditions present during harvesting such as weather patterns, temperature, humidity, and the like. The expected conditions are based on the environmental conditions, the location, and other data associated with the product that can be used to accurately predict future product conditions. In some constructions, additional algorithms 60 can be used to determine other important factors or characteristics related to the product.)
Regarding Claim 17: The combination of Haimi and Gupta teaches the apparatus of claim 16,
Furthermore, Haimi teaches:
-wherein the data of the product further comprise an expiry date and the application is configured for comparing the expiry date with the in-use expiry date and (Haimi [Col. 8 Line 61 – Col. 9 Line 3] Referring back to FIG. 2, in step 208 of the server process, the system calculates a usage expiration date for the product. The usage expiration date is calculated based on an estimated length of time the product is usable in the non-preserving state and the modification time. In preferred embodiments, one of the steps that the server initiates is step 210 where the server sends data to the end-user device including the shelf-expiration date of the product. In an optional embodiment, in step 250, the end-user device displays the shelf-life timer.)
-to issue a further alert i) if the in-use expiry date occurs after the expiry date and/or ii) if the in-use life period elapses after the expiry date.: (Haimi [Col. 9 Line 66 – Col. 10 Line 3] To highlight a distinction between the known sell-by date and the usage expiration date discussed above, it is noted that a sell-by data is an approximated date based on various constants, such as the manufacturing date and the estimated shelf life. [Col. 11 Lines 12-15] One optional feature afforded by the immediate system is the option to request a resupply of the product, when the product is nearly expended or near an expiration date.)
Regarding Claim 18:
The combination of Haimi and Gupta teaches the apparatus of claim 16,
Furthermore, Haimi teaches:
-wherein: the data of the product comprise a unique identifier of the product, and (Haimi [Col. 5 Lines 4-10] In exemplary one embodiment, the central server allots a batch of unique identifiers to the manufacturer for application to a batch of product units (e.g. bottles of eye drops). The manufacturer then prints unique codes on each of the product units (and/or on the outer packaging thereof). Each code already corresponds to one of the unique identifiers in the batch.)
-the application is configured for associating the unique identifier to at least one of i) the date of reading, ii) the in-use expiry date, and iii) the in-use life period, to allow managing of a plurality of products. (Haimi [Col. 6 Lines 5-21] In step 202 of the server-side process, the central server receives an electronic manufacture notification (e.g. as a result of the product code being scanned) from the manufacturer, is the network, informing the central server that the product unit, including the unique scan-able code, is now actively in circulation. (28) In some embodiments, the notification can further include additional data relating to the product unit. In other embodiments, some or all of the aforementioned additional data is otherwise entered, transferred and/or stored in the record or data entry. In some embodiments, the additional data includes a Manufacturing Time, such as a date and/or hour. In some embodiments, the data includes the location where the product was manufactured and/or packaged and/or scanned, should these locations be different from each other. In some embodiments, the data includes an estimated shelf-life of the product.)
Regarding Claim 19:
The combination of Haimi and Gupta teaches the apparatus of claim 16,
Furthermore, Haimi teaches:
-wherein the application is configured for: if the data of the product are not new, showing, through output devices of the portable electronic device, ii) a remaining in-use life period. (Haimi [Col. 10 Lines 19-29] When the product is removed from refrigeration the product is scanned once again and the shelf-life counter is restarted in the server. The retailer’s usage expiration date is now calculated based on the remaining product shelf life (once out of refrigeration) and the rules that dictate how long in advance of an expiration date a product may be sold. The usage counter is configured based on the aforementioned calculation and the server sets the counter running. A notification is sent to the retailer, including the currently-calculated usage expiration date, the data by which the retailer must either sell the product or dispose of it. [Col. 18 Lines 51-60] Step 710—display a usage timer. The usage timer is configured to run from the modification time for a length of time substantially equal to the estimated length of time the product is usable in the non-preserved state.(112) In some embodiments the client computing device is further configured to:(113) Step 712—display a shelf-life timer. The shelf-life timer is configured to run from the manufacturing time for a length of time substantially equal to the estimated shelf-life of the product.)
Regarding Claim 21:
The combination of Haimi and Gupta teaches the apparatus of claim 16,
Furthermore, Haimi teaches:
-wherein the product is a medicament device, (Haimi [Col. 12 Lines 51-55] As such, when the end-user scans the product’s unique code, the central server calculates how long the medicament will last before a replacement is necessary, assuming that the end-user adheres to the dosage regimen.)
-a cosmetic product, a food item, or (Haimi [Col. 1 Lines 16-23] According to the present invention there is provided a method and system for tracking not only the expiration date of a medicine (food stuff or other perishable) based on the shelf life, but also the expiration from a tune of opening/first using the medicine or perishable (e.g. cosmetics, chemicals, toothbrushes etc.)—i.e. the beginning of use of the object—until the object is no longer usable.)
-a product for buildings or industry and the enclosure delimits a controlled atmosphere environment. (Haimi [Col. 10 Lines 30-34] As discussed above, some perishable products, like certain medicaments and food stuffs keep fresh or viable for longer if stored in a refrigerated environment. For example, the shelf life of chicken eggs can be extended for about a month if the eggs are place in the refrigerator) The refrigerator is an example of a product for industry that has an enclosure that delimits a controlled atmosphere environment.
Regarding Claim 22:
The combination of Haimi and Gupta teaches the apparatus of claim 16,
Furthermore, Haimi teaches:
-wherein the label or tag comprises a QR code, (Haimi [Col. 5 Lines 46-61] The Figure further illustrates a wholesaler Udd 104d scanning unique QR code of a shipping carton 130 including a plurality of product units. In sonic embodiments, the product unit 130 is scanned by the POS user device Udb 140b. Finally, at the time of use, the end-user scans the product unit unique code, depicted in the Figure as a QR code 120, with an end-user device Uda 140a. When the end-user scans the code, the code maps back to a network address corresponding to the server 100 and specifically to the data entry corresponding to the unique code.)
-the portable electronic device is a smartphone and the reading devices comprise a camera. (Haimi [Col. 4 Lines 27-34] The server is in communication with client side user devices Uda . . . Udn 140a . . . n over communications network 150. User devices UD a . . . n are computing devices, such as a telephone, a computer (desktop, laptop, tablet, handheld, etc.), a personal digital assistant (PDA), a smart phone and the like, each of which are capable of scanning, or otherwise electronically capturing, and transmit scan-able indicia. [Col. 18 Lines 14-20] The client side computing device can have installed thereon a software application or a mobile application programmed with instructions to execute the above detailed processes. The client side computing device 600 further includes a scanning component 650. The scanning component may be an imaging sensor (e.g. a camera),)
Regarding Claim 31:
The combination of Haimi and Gupta teaches the apparatus of claim 16,
Furthermore, Haimi teaches:
-wherein the plurality of different in-use life periods comprises at least a first in-use life period for a first environment having a first environmental condition, and a second in-use life period for a second environment having a second environmental condition,(Haimi [Col. 10 Lines 21-24] The retailer's usage expiration date is now calculated based on the remaining product shelf life (once out of refrigeration) and the rules that dictate how long in advance of an expiration date a product may be sold. [Col. 10 Lines 30-47] As discussed above, some perishable products, like certain medicaments and food stuffs keep fresh or viable for longer if stored in a refrigerated environment. For example, the shelf life of chicken eggs can be extended for about a month if the eggs are place in the refrigerator.
-wherein each of the different in-use life periods corresponds to a different rate of physical degradation of the product under different environmental conditions;(Haimi [Col. 10 Lines 30-47] As discussed above, some perishable products, like certain medicaments and food stuffs keep fresh or viable for longer if stored in a refrigerated environment. For example, the shelf life of chicken eggs can be extended for about a month if the eggs are place in the refrigerator.)
However, Haimi fails to teach or suggest:
-wherein selecting, from the plurality of different in- use life periods, a time of the year-specific in-use life period (ATin_use) that corresponds to the received parameter, (Haimi teaches the selection of an in-use life period but not that it is time of the year specific)
- wherein the plurality of different in-use life periods comprises at least a first in-use life period for a first time of the year having a first environmental condition and a second in-use life period for a second time of the year having a second environmental condition, (Haimi teaches the selection of an in-use life period but not time of the year specific)
Alternatively, Gupta teaches:
-wherein selecting, from the plurality of different in- use life periods, a time of the year-specific in-use life period (ATin_use) that corresponds to the received parameter, (Gupta [0035] Communication of product information from the readers 45 to the database 30 occurs throughout the shipping process to provide up-to-date, near real-time data regarding the quality of the products. The sensors 40 are read by the reader 45 continually or at predetermined intervals. The controller 50 uses the algorithms 55, 60 to update the shelf-life calculations based on the most recent data, and stores the updated calculations in the database 30. [0058] The management system 10 also allows trading products (e.g., commodities) based on information collected from the time of the product's creation (e.g., harvest, manufacture). A trading system (not shown) such as a board of trade can be implemented by the management system 10 based on indicators within the supply chain (e.g., the shelf life prediction algorithms 55). The trading system includes products that are being shipped to a member 15 (e.g., broker, etc.) located in the supply chain, but who may not be an end destination such as a receiver. The trading system allows the broker to purchase products from a producer (e.g., a farmer or manufacturer), and to sell the products to bidders in a futures market based at least in part on product conditions monitored during the progress of the products through the supply chain. For example, the price of agricultural products can be set based on environmental conditions and other conditions in existence during and after the growing season.)
- wherein the plurality of different in-use life periods comprises at least a first in-use life period for a first time of the year having a first environmental condition and a second in-use life period for a second time of the year having a second environmental condition, (Gupta [0015] The sensors 40 also can store product information (e.g., price, date of purchase, date and location of inception/harvest, [0026] The controller 50 determines the shelf life and other expected characteristics of the product based on the sensed conditions and prior, historical conditions stored in the database 30 using the shelf life prediction algorithms 55 and/or the additional algorithms 60. The controller 50 can also generate reports containing the shelf life information in response to requests from members 15. In these constructions, additional information can be included in the reports (e.g., sensed conditions of the product, product information, product location, historical data, etc.).) Based on Gupta’s teachings, the report which includes the shelf life predictions, environmental conditions, and the time of harvest. The broadest reasonable interpretation (BRI) of the claims includes shelf-life prediction based on the time of year of harvesting.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present disclosure to modify Haimi, by modifying the environmental condition-based shelf life of Haimi, to also be based on the time of year as taught in Gupta. By simply producing a plurality of different in-use life periods that also corresponds to the time of year as taught in Gupta, one of ordinary skill in the art would reasonably expect to arrive at the predicable outcome of the claimed limitations, particularly the in use-life periods for a time of the year having an environmental condition. One of ordinary skill in the art would have been motivated to perform this combination by Gupta’s benefit of maximizing the freshness or quality of product, which is applicable to Haimi’s end user, despite Gupta’s teachings being on a more macro, supply chain level. (Gupta [0003] Some products (e.g., food, paint, chemicals, pharmaceuticals, etc.) need to be shipped or transported under predetermined conditions (e.g., temperature, humidity, etc.) to maximize freshness or quality of the product. These products may also be time-sensitive, necessitating quick delivery to an end destination or receiver (e.g., retail store, restaurant, etc.) where an end user (e.g., consumer) may purchase the products. Often, products are shipped over long distances, and can be transferred by land, sea, and/or air in order to reach the retail center within a desired amount of time. In some instances, storage of the products within the commodity chain is necessary to await the next stage in the supply chain. In some commodity chains, the products are not monitored during storage, which can result in damage to or loss of the products.)
Regarding Claim 32:
The combination of Haimi and Gupta teaches the apparatus of claim 16,
Furthermore, Haimi teaches:
-receiving from a radio receiver of the portable electronic device a parameter indicating at least one of i) a region or country where the portable electronic device is located or ii) a time of year or season;(Haimi [Col. 2 Lines 6-10] According to still further features the method further includes tracking the product based on location data the location data relating to a geographical location of the scanning device and included in the electronic scanning notification. [Col. 8 Lines 31-37] In step 206 the central server receives an electronic scanning notification from an end-user device, via a network such as a cellular data network, including a Modification Time where the modification time indicates a time of modification of the product, i.e. the time at which point the product was been modified from being in a preserved state to being in a non-preserved state.)
-selecting, from the plurality of different in-use life periods, an in-use life period that corresponds to the received parameter(Haimi [Col. 10 Lines 43-47] In step 216 the server receives the notification from the end-user device that the product is located in the preferred storage environment. In step 218 the server recalculates the usage expiration date based on the preferred storage environment. [Col. 2 Lines 11-17] According to still further features the prompting an end-user to extend the estimated usage life by placing the product in a preferred storage environment; receiving notification from the scanning device that the product is located in the preferred storage environment; recalculating the usage expiration date based on the preferred storage environment; [Col. 10 Lines 30-34] As discussed above, some perishable products, like certain medicaments and food stuffs keep fresh or viable for longer if stored in a refrigerated environment. For example, the shelf life of chicken eggs can be extended for about a month if the eggs are place in the refrigerator.) Given that Haimi teaches a use expiration date based on the preferred storage environment, which is different from the use expiration outside of the storage environment, that means that the recalculating in Haimi satisfies “selecting from a plurality of different in-use life period...”
However, Haimi fails to teach or suggest:
- and wherein the application is configured for: selecting, from the plurality of different in-use life periods, a location-specific and time of the year-specific in-use life period (ATin_use) that corresponds to the received parameter.(Haimi teaches the selection of an in-use life period but not that it is location-specific or time of the year specific)
However, Gupta teaches:
- selecting, from the plurality of different in-use life periods, a location-specific and time of the year-specific in-use life period (ATin_use) that corresponds to the received parameter. (Gupta [0035] Communication of product information from the readers 45 to the database 30 occurs throughout the shipping process to provide up-to-date, near real-time data regarding the quality of the products. The sensors 40 are read by the reader 45 continually or at predetermined intervals. The controller 50 uses the algorithms 55, 60 to update the shelf-life calculations based on the most recent data, and stores the updated calculations in the database 30. [0058] The management system 10 also allows trading products (e.g., commodities) based on information collected from the time of the product's creation (e.g., harvest, manufacture). A trading system (not shown) such as a board of trade can be implemented by the management system 10 based on indicators within the supply chain (e.g., the shelf life prediction algorithms 55). The trading system includes products that are being shipped to a member 15 (e.g., broker, etc.) located in the supply chain, but who may not be an end destination such as a receiver. The trading system allows the broker to purchase products from a producer (e.g., a farmer or manufacturer), and to sell the products to bidders in a futures market based at least in part on product conditions monitored during the progress of the products through the supply chain. For example, the price of agricultural products can be set based on environmental conditions and other conditions in existence during and after the growing season. [0026] The predicted shelf life can be a specific date on which the product is expected to expire, or alternatively, the shelf life can be a period of time in which the product is predicted to remain viable. In some constructions, the controller 50 can automatically generate a report containing the shelf life information. The controller 50 can also generate reports containing the shelf life information in response to requests from members 15. In these constructions, additional information can be included in the reports (e.g., sensed conditions of the product, product information, product location, historical data, etc.).)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present disclosure to modify Haimi, by modifying the environmental condition-based shelf life of Haimi, to also be based on the time of year and location as taught in Gupta. By simply producing a plurality of different in-use life periods that also corresponds to the time of year as taught in Gupta, one of ordinary skill in the art would reasonably expect to arrive at the predicable outcome of the claimed limitations, particularly the in use-life periods for a time of the year and specific to a location having an environmental condition. One of ordinary skill in the art would have been motivated to perform this combination by Gupta’s benefit of maximizing the freshness or quality of product, which is applicable to Haimi’s end user, despite Gupta’s teachings being on a more macro, supply chain level. (Gupta [0003] Some products (e.g., food, paint, chemicals, pharmaceuticals, etc.) need to be shipped or transported under predetermined conditions (e.g., temperature, humidity, etc.) to maximize freshness or quality of the product. These products may also be time-sensitive, necessitating quick delivery to an end destination or receiver (e.g., retail store, restaurant, etc.) where an end user (e.g., consumer) may purchase the products. Often, products are shipped over long distances, and can be transferred by land, sea, and/or air in order to reach the retail center within a desired amount of time. In some instances, storage of the products within the commodity chain is necessary to await the next stage in the supply chain. In some commodity chains, the products are not monitored during storage, which can result in damage to or loss of the products.)
Response to Arguments
Applicant's arguments filed 02/19/2026 have been fully considered but they are not persuasive.
Regarding arguments over rejections under 35 U.S.C. 101, the examiner has fully reconsidered the pending claims, and has reinstated the rejections to claim 16 and its dependent claims under 35 U.S.C. 101. Upon further evaluation, particularly based on the scope of the claims being broad enough to encapsulate a mere label (like a QR code) on an existing product, and using generic computing devices to receive location and other information, the claims are no more than an abstract idea applied on a general purpose computer. Please see the updated 35 U.S.C. 101 rejection for more information.
Regarding arguments over rejections under 35 U.S.C. 103, the applicant asserts that Haimi in view of Jenkins fails to teach or suggest the claimed invention as amended, and alleges that the Examiner’s rationale for combining the references is unsupported. However, the claims are now rejected based on a combination of Haimi and Gupta, thus the arguments regarding the combination of Haimi and Jenkins are now moot. The applicant’s argument that claim 16 as amended, requires a portable electronic device receiving a parameter indicating a location from a radio receiver of a portable electronic device. Haimi satisfies this limitation, as the BRI merely requires any parameter received via radio receiver, thus given that Haimi’s scanning component includes an RFID reader (Haimi [Col. 18 Lines 19-23] “Scanning component may be...RFID component.”) thus, the limitation is satisfied. Therefore, the applicant’s argument that the claim requires a dynamic, hardware-based detection of the local environment via radio signals at the moment of the first scan, is not persuasive because the prior art teaches these features. While Haimi does include embodiments allowing user input to establish storage conditions, such as manually indicating that a product is placed in a refrigerator, the BRI of the claim limitations does not specify any limitations that would inherently exclude such an embodiment, as it merely requires a “parameter” that indicates location, which can merely be a transmission of inputted data that includes location information. Therefore, the applicant’s argument that Haimi does not teach or suggest using a radio receiver to automatically harvest environmental parameters such as geographic location from the ambient radio environment is not persuasive because this particular language is not required in the scope of the claims. While the claims are given their BRI in view of the specification, the claims are interpreted given the actual scope of the claim language, and limitations in the specification are not automatically read into the claims. The combination of Haimi and Gupta satisfies the claim as amended.
Furthermore, the applicant asserts that claim 16 requires a specific logical sequence, wherein the device first verifies if that data are new data, however, the applicant’s arguments are not persuasive because the applicant admits that Haimi teaches “initiating timingg based on a user action of opening, but does not teach the automated verification of a user identifier to trigger a subsequent radio frequency location check.” However, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., automated verification of a user identifier to trigger a subsequent radio frequency location check) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Finally, the applicant’s argument that the claims represent a local computation step that is absent from the cited references, and that in the claimed invention the portable device holds both the rule set (the plurality of periods from the tag) and the variable (the location from the radio receiver). However, nothing in the claims necessarily restricts the scope of the claims such that the combination of Haimi and Gupta would fail to teach the claims as a combination. In Haimi, the stored in-use life periods are determined on the local device, and in Gupta, shelf-life prediction algorithms are ran and ultimately fed into the end-device. The combination of Haimi and Gupta would reasonably expect to arrive at transmitting the shelf life prediction results based on the inputted locations and time year to the end-user device. As long as the end-user device can access such information, the limitation has been satisfied because nothing in the claims restricts the data to being locally stored/computed. Therefore, the applicant’s arguments are not persuasive because they are based on limitations that are not necessarily reflected in the actual claim language.
Furthermore, in view of the applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the suggestion of using shelf life prediction algorithms based on location, time, weather patterns, and other environmental conditions as taught by Gupta, would motivate one of ordinary skill in the art to combine the teachings with Haimi to arrive at the claimed limitation.
Therefore, since Haimi in view of Gupta teach or suggest all of the limitations of claim 16 and its dependent claims 17-19, 21, 22, and newly added claims 31 and 32, then the claims remain rejected under 35 U.S.C. 103.
Conclusion
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Lemieux can be reached at (571) 270-3445. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICO L PADUA/Junior Patent Examiner, Art Unit 3626
/SANGEETA BAHL/Primary Examiner, Art Unit 3626
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