DETAILED ACTION
Status of Claims
Claims 1-18 submitted on 05/21/2024 are pending and have been examined.
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 .
Priority
Priority Acknowledgment is made of applicant’s claim for National Stage entry from a PCT application under 35 U.S.C. 371. The certified copy has been filed in parent Application No. PCT/JP2021/046450, filed on 12/16/2021.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/21/2024 and 09/24/2025 have been considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. The claims recite an abstract idea. This judicial exception is not integrated into a practical application. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Step 1
Claims 1-16 are directed to a machine, claim 17 is directed to a process and claim 18 is directed to an article of manufacture (see MPEP 2106.03).
Step 2A, Prong 1
Claim 1, taken as representative, recites at least the following limitations that recite an abstract idea:
a control system, the control system comprising:
register, when identification information is read capable of reading the identification information about a product by an operation by a customer, the product indicated by identification information in a list;
receive one of a sequential checking mode in which a list screen of the list is displayed when the identification information is read and a continuous mode when the identification information is read.
The above limitation, under its broadest reasonable interpretation, falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106.04(a)(2)(II), in that it recites a commercial interaction. Claims 17 and 18 recites similar limitations as claim 1.
Thus, under Prong 1 of Step 2A, claims 1, 17, and 18 recite an abstract idea.
Step 2A, Prong 2
Claim 1 includes the following additional elements that are bolded:
a control system that controls a screen to be displayed by a terminal device, the control system comprising:
a memory storing instructions; and
at least one processor configured to execute the instructions to:
register, when identification information is read on a reading screen capable of reading the identification information about a product by an operation by a customer on the terminal device, the product indicated by identification information in a list;
receive one of a sequential checking mode in which a list screen of the list is displayed when the identification information is read and a continuous mode in which the reading screen is displayed when the identification information is read; and
display a screen related to the received mode on the terminal device.
Claims 17 and 18 include the same additional elements as claim 1. In addition, claim 18 includes additional elements such as a non-transitory computer-readable recording medium that records a program for causing a computer controlling a screen to be displayed by a terminal device to execute processing comprising.
The additional elements recited in claims 1, 17, and 18 merely invoke such elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment of computers and terminal devices (see MPEP 2106.05(f) and MPEP 2106.05(h). These additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration (see Fig. 28 and ¶¶0210-0216).
As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the additional elements do not integrate the judicial exception into a practical application and, thus, claims 1, 17, and 18 are directed to an abstract idea.
Step 2B
As noted above, while the recitation of the additional elements in independent claims 1, 17, and 18 are acknowledged, claims 1, 17, and 18 merely invoke such additional elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment (see MPEP 2106.05(f) and MPEP 2106.05(h)).
Even when considered as an ordered combination, the additional elements of claim 1, 17, and 18 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1, 17, and 18 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (see MPEP 2106.05).
As such, independent claims 1, 17, and 18 are ineligible.
Dependent claims 2-14 and 16 and when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 2-14 and 16 merely further define the abstract limitations of claims 1, 17, and 18 or provide further embellishments of the limitations recited in independent claims 1, 17, and 18. Claims 2-14 and 16 do not introduce any further additional elements.
Thus, dependent claims 2-14 and 16 are ineligible.
Furthermore, it is noted that certain dependent claims recite additional elements supplemental to those recited in independent claims 1, 17, and 18: reads the identification information by imaging the identification information with an imaging device (claim 15). However, these elements do not integrate the abstract idea into a practical application because they merely amount to using a computer to apply the abstract idea to a particular technological environment or field of use and thus do not act to integrate the abstract idea into a practical application of the abstract idea. Additionally, the additional elements do not amount to significantly more because they merely amount to using a computer to apply the abstract idea and amount to no more than a general link of the use of the abstract idea to a particular technological environment.
Thus, dependent claims 15 are ineligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelms et al. (US 10,121,133 B2).
Regarding Claim 1, Nelms et al., hereinafter, Nelms, discloses a control system that controls a screen to be displayed by a terminal device, the control system comprising (Fig. 1A; Col. 1, lines 50-60[The method also includes, but is not limited to, displaying on a display of the mobile device an optical machine-readable representation of the order]):
a memory storing instructions (Fig. 1A; Col. 3, lines 40-50[The computer 100 includes a processor 110, memory 120 and one or more drives 130. The drives 130 and their associated computer readable memory medium provide storage of computer readable instructions, data structures, program modules and other data for the computer 100.]); and
at least one processor configured to execute the instructions to (Fig. 1A; Col. 3, lines 40-50):
register, when identification information is read on a reading screen capable of reading the identification information about a product by an operation by a customer on the terminal device, the product indicated by identification information in a list (Fig. 14[showing the list of items]; Col. 4, lines 55-67[The scanning module 202 is capable of receiving identification information 222 from an item 220 and converting the identification information 222 into a format that the processor 201 can read, such as digital data. Preferably, Scanning module 202 includes any device which can capture, receive and process optical information, such as a barcode or any image, and includes devices such as a digital scanner, a digital camera, a video camera, a barcode reader, and any other type of digital or analog imaging device.]);
receive one of a sequential checking mode in which a list screen of the list is displayed when the identification information is read and a continuous mode in which the reading screen is displayed when the identification information is read (Figs. 4-6; Col. 7, lines 10-30 [once the user communicates his intentions to begin shopping to the mobile self-checkout application such as activating the begin shopping button 406 on the home screen 402. With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436. The scan product barcode button activates the scanning module and presents the user with a scan items screen, as shown in Fig. 5…..UPC information is either inputted manually or determined automatically from the scan of identification information and then transmitted by mobile device to remote server…….to provide the user with item information 432 in Fig. 6 ); and
display a screen related to the received mode on the terminal device (Figs. 4-7[showing the screens displayed]; Col. 7, lines 20-30[The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5. The manual identification information box 424 allows a user to manually input identification information 222 into the mobile device 200 which identifies the item 220 for purchase, by inputting, for example, a Universal Product Code (UPC) for the item 220]).
Regarding Claim 2, Nelms discloses the control system according to claim 1, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
in the continuous mode, display the list screen when receiving a display instruction of the list on the reading screen and display the reading screen when receiving a reading instruction on the list screen (Fig. 5[element 414] and Fig. 7[element 422]; Col. 6, lines 50-65[When selected, the scan items button 412 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5, which allows the user to capture and input identification information 222 from an item 220. When selected, the view cart button 414 presents the user with a shopping cart screen 430, as shown in FIG. 8, which allows the user to view the contents of a virtual shopping cart 433 created by the user and which contains item information 432 representing the item 220. When selected, the home button 416 returns the user to the home screen 402.]).
Regarding Claim 3, Nelms discloses the control system according to claim 1, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
in the continuous mode, display information about the product identified by the read identification information on the reading screen when the identification information is read (Figs. 5 and 6; Col. 8, lines 16-25[Upon retrieving item information 432, the remote server 240 may then transmit the retrieved item information 432 to the mobile device, whereupon mobile self-checkout application 400 may present the user with an item information screen 440 which displays item information 432 for item 220, as shown in FIGS. 6 and 12.]).
Regarding Claim 4, Nelms discloses the control system according to claim 1, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
receive the mode by an operation by the customer (Figs. 4 and 5[elements 422 and 414]; Col. 7, lines 20-25[The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5.]).
Regarding Claim 5, Nelms discloses the control system according to claim 4, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
receive the mode before starting product registration (Figs. 4 and 5[elements 422 and 414]; Col. 7, lines 60-65[At scan items screen 420, the user initiates scanning module 202 which then receives identification information 222 from an item 22] in view of Col. 7, lines 20-25[The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5.]).
Regarding Claim 6, Nelms discloses the control system according to claim 4, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
receive the continuous mode while the reading screen is being displayed in the sequential checking mode (Fig. 4[element 422]; Col. 7, lines 20-25[The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5.]).
Regarding Claim 7, Nelms discloses the control system according to claim 4, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
receive the sequential checking mode while the reading screen is being displayed in the continuous mode (Figs. 4 and 5; Col. 7, lines 14-27[With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436. The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5. The manual identification information box 424 allows a user to manually input identification information 222 into the mobile device 200 which identifies the item 220 for purchase, by inputting, for example, a Universal Product Code (UPC) for the item 220.]).
Regarding Claim 16, Nelms discloses the control system according to claim 1, Nelms further discloses wherein
the reading screen related to the received mode includes information indicating the received mode (Figs. 4-5; Col. 7, lines 14-27[With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436. The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5. The manual identification information box 424 allows a user to manually input identification information 222 into the mobile device 200 which identifies the item 220 for purchase, by inputting, for example, a Universal Product Code (UPC) for the item 220.]).
Regarding Claim 17, Nelms discloses a control method of controlling a screen to be displayed by a terminal device, the control method comprising (Fig. 1A; Col. 1, lines 50-60[The method also includes, but is not limited to, displaying on a display of the mobile device an optical machine-readable representation of the order]):
registering, when identification information is read on a reading screen capable of reading the identification information about a product by an operation by a customer on the terminal device, the product indicated by identification information in a list (Fig. 14[showing the list of items]; Col. 4, lines 55-67[The scanning module 202 is capable of receiving identification information 222 from an item 220 and converting the identification information 222 into a format that the processor 201 can read, such as digital data. Preferably, Scanning module 202 includes any device which can capture, receive and process optical information, such as a barcode or any image, and includes devices such as a digital scanner, a digital camera, a video camera, a barcode reader, and any other type of digital or analog imaging device.]);
receiving one of a sequential checking mode in which a list screen of the list is displayed when the identification information is read and a continuous mode in which the reading screen is displayed when the identification information is read (Figs. 4-5; Col. 7, lines 10-30[With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436.... The manual identification information box 424 allows a user to manually input identification information 222 into the mobile device 200 which identifies the item 220 for purchase, by inputting, for example, a Universal Product Code (UPC) for the item 220.]); and
displaying a screen related to the received mode on the terminal device (Figs. 4-7[showing the screens displayed]; Col. 7, lines 20-30[The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5. The manual identification information box 424 allows a user to manually input identification information 222 into the mobile device 200 which identifies the item 220 for purchase, by inputting, for example, a Universal Product Code (UPC) for the item 220]).
Regarding Claim 18, Nelms discloses a non-transitory computer-readable recording medium that records a program for causing a computer controlling a screen to be displayed by a terminal device to execute processing comprising (Fig. 1A; Col. 3, lines 40-50[The computer 100 includes a processor 110, memory 120 and one or more drives 130. The drives 130 and their associated computer readable memory medium provide storage of computer readable instructions, data structures, program modules and other data for the computer 100.]):
registering, when identification information is read on a reading screen capable of reading the identification information about a product by an operation by a customer on the terminal device, the product indicated by identification information in a list (Fig. 14[showing the list of items]; Col. 4, lines 55-67[The scanning module 202 is capable of receiving identification information 222 from an item 220 and converting the identification information 222 into a format that the processor 201 can read, such as digital data. Preferably, Scanning module 202 includes any device which can capture, receive and process optical information, such as a barcode or any image, and includes devices such as a digital scanner, a digital camera, a video camera, a barcode reader, and any other type of digital or analog imaging device.]);
receiving one of a sequential checking mode in which a list screen of the list is displayed when the identification information is read and a continuous mode in which the reading screen is displayed when the identification information is read (Figs. 4-5; Col. 7, lines 10-30[With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436.... The manual identification information box 424 allows a user to manually input identification information 222 into the mobile device 200 which identifies the item 220 for purchase, by inputting, for example, a Universal Product Code (UPC) for the item 220.]); and
displaying a screen related to the received mode on the terminal device (Figs. 4-7[showing the screens displayed]; Col. 7, lines 20-30[The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5. The manual identification information box 424 allows a user to manually input identification information 222 into the mobile device 200 which identifies the item 220 for purchase, by inputting, for example, a Universal Product Code (UPC) for the item 220]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 8, 9, and 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelms in view of Kravitz et al. (US 2023/0048635 A1).
Regarding Claim 8, Nelms discloses the control system according to claim 1, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
determine, in the continuous mode, whether an action by the customer when the reading screen is displayed on the terminal device is performed (Figs. 4 and 5; Col. 7, lines 10-25[the user communicates his intention to begin shopping to the mobile self-checkout application 400, such as by activating the begin shopping button 406 on the home screen 402. With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436. The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5.]); and
receive the sequential checking mode when it is determined, in the continuous mode, that the action by the customer is performed (Figs. 4 and 5; Col. 7, lines 14-27[With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436. The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5. The manual identification information box 424 allows a user to manually input identification information 222 into the mobile device 200 which identifies the item 220 for purchase, by inputting, for example, a Universal Product Code (UPC) for the item 220.]; Examiner notes that the interface in Fig. 4 is comparable to the sequential checking mode).
Although Nelms discloses receiving a user action through the scanner device, Nelms does not explicitly disclose determining whether an action is suspicious and changing the interface when the action is suspicious.
However, Kravitz et al., hereinafter, Kravitz, teaches determining a suspicious action and changing the device interface in response (Fig. 6; ¶¶0026-0028[The portable computerized device, wherein the processing circuitry is further configured to: following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, provide data indicating to a user that the item should be scanned. (viii) The portable computerized device, wherein following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, the processing circuitry is further configured to generate and/or store data indicating that a suspicious event has occurred (e.g. generate an alert to the user and/or to a store employee)]; Examiner notes that providing data indicating to a user that item should be scanned is comparable to changing the device interface in response to suspicious user activity).
The system of Kravitz is applicable to the system of Nelms as they share characteristics and capabilities, namely, they are both targeted to improving item checkout. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device as disclosed by Nelms to include determining suspicious user activity as taught by Kravitz. One of ordinary skill in the art would have been motivated to expand the system of Nelms in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 9, Nelms discloses the control system according to claim 1, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
determine, in the continuous mode, whether an action by the customer when the reading screen is displayed on the terminal device is performed (Figs. 4 and 5; Col. 7, lines 10-25[the user communicates his intention to begin shopping to the mobile self-checkout application 400, such as by activating the begin shopping button 406 on the home screen 402. With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436. The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5.]); and
when it is determined, in the continuous mode, that the action by the customer is performed (Figs. 4 and 5; Col. 7, lines 10-25[the user communicates his intention to begin shopping to the mobile self-checkout application 400, such as by activating the begin shopping button 406 on the home screen 402. With reference to FIGS. 4 and 7, when selected, the begin shopping button 406 presents the user with a shopping screen 418 having a scan product barcode button 422, a manual identification information box 424, a checkout button 426, subtotal information 428, total information 434, and a partial virtual shopping cart contents window 436. The scan product barcode button 422 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5.]).
Although Nelms discloses receiving a user action through the scanner device, Nelms does not explicitly disclose determining whether an action is suspicious and notify a store clerk that the action by the customer is suspicious when it is determined action is suspicious.
However, Kravitz teaches determining a suspicious action and notifying a store clerk in response (Fig. 6; ¶¶0026-0028[The portable computerized device, wherein the processing circuitry is further configured to: following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, provide data indicating to a user that the item should be scanned. (viii) The portable computerized device, wherein following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, the processing circuitry is further configured to generate and/or store data indicating that a suspicious event has occurred (e.g. generate an alert to the user and/or to a store employee)]).
The system of Kravitz is applicable to the system of Nelms as they share characteristics and capabilities, namely, they are both targeted to improving item checkout. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device as disclosed by Nelms to include determining suspicious user activity as taught by Kravitz. One of ordinary skill in the art would have been motivated to expand the system of Nelms in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 11, Nelms in view of Kravitz teaches the control system according to claim 8, Nelms further discloses wherein
the identification information is a code, and wherein the at least one processor is further configured to execute the instructions to (Figs. 4 and 5; Col. 5, lines 50-55[Item 220 includes item identification information 222 which is any information on the item 220 which assists in identifying the item 220, such as a barcode 224, a serial number, a name of the item 220, and any text, characters, illustrations, or images on the item 220 which can be used to identify the item 220.]):
determine whether an action by the customer is performed based on whether the newly read code has a predetermined number of digits (Figs. 4 and 5; Col. 5, lines 50-55[Item 220 includes item identification information 222 which is any information on the item 220 which assists in identifying the item 220, such as a barcode 224, a serial number, a name of the item 220, and any text, characters, illustrations, or images on the item 220 which can be used to identify the item 220.]).
Although Nelms discloses determining customer actions, Nelms does not explicitly disclose determining whether customer action is suspicious.
However, Kravitz teaches determining a suspicious action and changing the device interface in response (Fig. 6; ¶¶0026-0028[The portable computerized device, wherein the processing circuitry is further configured to: following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, provide data indicating to a user that the item should be scanned. (viii) The portable computerized device, wherein following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, the processing circuitry is further configured to generate and/or store data indicating that a suspicious event has occurred (e.g. generate an alert to the user and/or to a store employee)]).
The system of Kravitz is applicable to the system of Nelms as they share characteristics and capabilities, namely, they are both targeted to improving item checkout. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device as disclosed by Nelms to include determining suspicious user activity as taught by Kravitz. One of ordinary skill in the art would have been motivated to expand the system of Nelms in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 12, Nelms in view of Kravitz teaches the control system according to claim 11, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
determine whether an action by the customer is performed based on whether it is continuously determined (Figs. 4 and 5; Col. 5, lines 50-55[Item 220 includes item identification information 222 which is any information on the item 220 which assists in identifying the item 220, such as a barcode 224, a serial number, a name of the item 220, and any text, characters, illustrations, or images on the item 220 which can be used to identify the item 220.]).
Although Nelms discloses determining whether a user action is performed, Nelms does not explicitly disclose determining whether an action is suspicious based on whether it is determined a predetermined number of times that the newly read code does not have a predetermined number of digits.
However, Kravitz teaches determining a suspicious action and notifying a store clerk in response (Fig. 6; ¶¶0026-0028[The portable computerized device, wherein the processing circuitry is further configured to: following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, provide data indicating to a user that the item should be scanned. (viii) The portable computerized device, wherein following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, the processing circuitry is further configured to generate and/or store data indicating that a suspicious event has occurred (e.g. generate an alert to the user and/or to a store employee)]).
The system of Kravitz is applicable to the system of Nelms as they share characteristics and capabilities, namely, they are both targeted to improving item checkout. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device as disclosed by Nelms to include determining suspicious user activity as taught by Kravitz. One of ordinary skill in the art would have been motivated to expand the system of Nelms in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 13, Nelms in view of Kravitz teaches the control system according to claim 8, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
determine whether an action by the customer is performed based on whether a time required to newly read the identification information is within a predetermined time (Col. 9, lines 5-10[Preferably, any contents in the virtual shopping cart 433, which represent items 220, are kept in the virtual shopping cart 433 for a predefined period of time, after which the contents are deleted.]).
Although Nelms discloses determining an action by a customer, Nelms does not explicitly disclose determining whether an action is suspicious based on time.
However, Kravitz teaches determining a suspicious action and notifying a store clerk in response (Fig. 6; ¶0094[In case an item being inserted to the container (e.g. shopping cart) is detected by one or more cameras (306) of the device (block 508), the device checks (e.g. by object detection module) whether this input (i.e. detection of insertion of item) immediately follows a barcode read input (block 513). This can be done for example, by measuring whether the item detection is received within a reasonable time interval since the last barcode read.] in view of ¶¶0026-0028[The portable computerized device, wherein the processing circuitry is further configured to: following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, provide data indicating to a user that the item should be scanned. (viii) The portable computerized device, wherein following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, the processing circuitry is further configured to generate and/or store data indicating that a suspicious event has occurred (e.g. generate an alert to the user and/or to a store employee)]).
The system of Kravitz is applicable to the system of Nelms as they share characteristics and capabilities, namely, they are both targeted to improving item checkout. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device as disclosed by Nelms to include determining suspicious user activity as taught by Kravitz. One of ordinary skill in the art would have been motivated to expand the system of Nelms in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 14, Nelms in view of Kravitz teaches the control system according to claim 8, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
determine whether an action by the customer is performed based on whether the new identification information is read for a predetermined time or more (Figs. 6 and 12; Col. 8, lines 30-41[With reference to FIGS. 6 and 12, in one embodiment, item information screen 440 provides the user with an add to shopping cart button 442 or a quantity select button 443 which when selected, generates a virtual shopping cart 433 containing item information 432 representing the item 220. The quantity select button 443 allows the user to add more than one item 220 in the virtual shopping cart 433 and then an update quantity button 445 allows the user to update the quantity of item 220 indicated by the virtual shopping cart 433.]).
Although Nelms discloses determining an action by a customer, Nelms does not explicitly disclose determining whether an action is suspicious based on time.
However, Kravitz teaches determining a suspicious action and notifying a store clerk in response (Fig. 6; ¶0094[In case an item being inserted to the container (e.g. shopping cart) is detected by one or more cameras (306) of the device (block 508), the device checks (e.g. by object detection module) whether this input (i.e. detection of insertion of item) immediately follows a barcode read input (block 513). This can be done for example, by measuring whether the item detection is received within a reasonable time interval since the last barcode read.] in view of ¶¶0026-0028[The portable computerized device, wherein the processing circuitry is further configured to: following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, provide data indicating to a user that the item should be scanned. (viii) The portable computerized device, wherein following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, the processing circuitry is further configured to generate and/or store data indicating that a suspicious event has occurred (e.g. generate an alert to the user and/or to a store employee)]).
The system of Kravitz is applicable to the system of Nelms as they share characteristics and capabilities, namely, they are both targeted to improving item checkout. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device as disclosed by Nelms to include determining suspicious user activity as taught by Kravitz. One of ordinary skill in the art would have been motivated to expand the system of Nelms in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 15, Nelms in view of Kravitz teaches the control system according to claim 8, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
when the terminal device reads the identification information by imaging the identification information with an imaging device (Figs. 1C and 5; Col. 6, lines 50-60[When selected, the scan items button 412 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5, which allows the user to capture and input identification information 222 from an item 220.]),
determine whether an action by the customer is performed based on whether passage of an object is confirmed by the imaging device (Figs. 1C and 5; Col. 6, lines 50-60[When selected, the scan items button 412 activates the scanning module 202 and presents the user with a scan items screen 420, as shown in FIG. 5, which allows the user to capture and input identification information 222 from an item 220.]).
Although Nelms discloses determining an action by a customer, Nelms does not explicitly disclose determining whether an action is suspicious.
However, Kravitz teaches determining a suspicious action and notifying a store clerk in response (Fig. 6; ¶0094[In case an item being inserted to the container (e.g. shopping cart) is detected by one or more cameras (306) of the device (block 508), the device checks (e.g. by object detection module) whether this input (i.e. detection of insertion of item) immediately follows a barcode read input (block 513). This can be done for example, by measuring whether the item detection is received within a reasonable time interval since the last barcode read.] in view of ¶¶0026-0028[The portable computerized device, wherein the processing circuitry is further configured to: following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, provide data indicating to a user that the item should be scanned. (viii) The portable computerized device, wherein following detection of insertion or removal of the item to/from the container, and in case no scanning output data or incomplete scanning output data is received from the scanner, the processing circuitry is further configured to generate and/or store data indicating that a suspicious event has occurred (e.g. generate an alert to the user and/or to a store employee)]).
The system of Kravitz is applicable to the system of Nelms as they share characteristics and capabilities, namely, they are both targeted to improving item checkout. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device as disclosed by Nelms to include determining suspicious user activity as taught by Kravitz. One of ordinary skill in the art would have been motivated to expand the system of Nelms in order to track items which are inserted or removed from a shopping container (Abstract).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelms in view of Kravitz in view of Valiulla et al. (US 2021/0042509 A1).
Regarding Claim 10, Nelms in view of Kravitz teaches the control system according to claim 9, Nelms further discloses wherein the at least one processor is further configured to execute the instructions to:
acquire position information about the customer when it is determined, wherein (Col. 5, lines 35-45[In one embodiment, mobile device 200 includes location information processing means which allows the mobile device 200 to determine its location. Location information processing means includes devices such a Global Positioning System (GPS) based device, and methods such as using radio triangulation to determine the location of the mobile device 200.]); and
the acquired position information (Col. 5, lines 35-45[In one embodiment, mobile device 200 includes location information processing means which allows the mobile device 200 to determine its location. Location information processing means includes devices such a Global Positioning System (GPS) based device, and methods such as using radio triangulation to determine the location of the mobile device 200.]).
Although Nelms discloses receiving a user action through the scanner device, Nelms in view of Kravitz does not explicitly teach determining that an action by the customer is suspicious and notify the store clerk of location and that the action by the customer is suspicious.
However, Valiulla et al., hereinafter, Valiulla teaches determining suspicious activity and notifying a store clerk of the location (¶0031[In an aspect, the customer evaluation application 160 may track a customer 130 in multiple video feeds to determine a location of the customer 130 and/or assist with the analysis of the video stream. Additionally, the customer evaluation application 160 may determine whether the activities indicate suspicious behavior. The customer evaluation application 160 may notify a worker at the retail location if suspicious behavior is detected.]).
The system of Valiulla is applicable to the system of Nelms in view of Kravitz as they share characteristics and capabilities, namely, they are all targeted to improving item checkout. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device as taught by Nelms in view of Kravitz to include determining suspicious user activity as taught by Valiulla. One of ordinary skill in the art would have been motivated to expand the system of Nelms in view of Kravitz in order to determine whether customer activities identified by the probability certainties indicate suspicious behavior (Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lin et al. (US 8,239,276 B2) discloses organizing, creating, and editing a shopping list.
“Evaluation of 1D barcode scanning on mobile phones” discloses the usability of mobile object identification techniques.
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/AHOORA LADONI/Examiner, Art Unit 3689
/MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689