DETAILED ACTION
Status of Claims
Claims 1-18 submitted on 05/15/2026 are pending and have been examined. Claims 1-4, 6-9, 11, 14, and 16-18 have been amended.
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.
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, by an operation by the customer, a selection of one of a first mode and a second mode,
according to the received selection of the first mode or the second mode,
wherein the first mode is configured to: of the list as a response to reading of the identification information, and
again in response to a reading instruction received, and
wherein the second mode is configured to:
maintain display after the identification information is read,
register the identification information about the product in the list,
display information about the registered product in a display field after the identification information is read, and
continue enabling reading of additional identification information while the information about the registered product is displayed.
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, by an operation by the customer on the terminal device, a selection of one of a first mode and a second mode,
automatically display a screen on the terminal device according to the received selection of the first mode or the second mode,
wherein the first mode is configured to: automatically display a list screen of the list as a response to reading of the identification information, and
automatically display the reading screen again in response to a reading instruction received on the list screen, and
wherein the second mode is configured to:
maintain display of the reading screen after the identification information is read,
register the identification information about the product in the list while the reading screen remains displayed,
display information about the registered product in a display field of the reading screen after the identification information is read, and
continue enabling reading of additional identification information on the reading screen while the information about the registered product is displayed.
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 reading screens and scanner 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 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: 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 § 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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) 1-7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gloria Lin et al. (US 2010/0082447 A1) in view of Xiaoqing Lin et al. (US 2018/0365330 A1).
Regarding Claim 1, Gloria Lin et al., hereinafter, Gloria Lin, discloses 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 (Fig. 3; ¶¶0036-0038[As stated above, the device 10 may include a scanner 46, a camera 48, and an NFC interface 50. The operation of the device 10 may be controlled by one or more processor(s) 52 that provide the processing capability required to execute the operating system… The electronic device 10 may also include a random access memory (RAM) 56 electrically coupled to data bus 54.]):
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. 16A; ¶0098[A product-specific entry may be added to the shopping list by scanning the product or manually entering a product identifier such as UPC code.]);
receive, by an operation by the customer on the terminal device, a selection of one of a first mode and a second mode (Fig. 8; ¶0026[The input structure 16 may include a button for toggling the device 10 between a sleep mode and a wake mode.]),
automatically display a screen on the terminal device according to the received selection of the first mode or the second mode (¶0026[Each user input structure 14, 16, 18, 20, and 22 may be configured to control a device function when actuated. For example, the input structure 14 may include a button that when pressed causes a "home" screen or menu to be displayed on the device. The input structure 16 may include a button for toggling the device 10 between a sleep mode and a wake mode.]),
wherein the first mode is configured to: automatically display a list screen of the list as a response to reading of the identification information (Figs. 16A and 16B; ¶0102[For example, a user may wish to add a product entry 342 to the shopping list 340 by scanning the product in accordance with the methods described in FIGS. 5-10 above... In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list 340 and returns the user back to the edit list screen 354]; Examiner notes that returning to the edit list screen is comparable to displaying a list screen as a response to reading ID information), and
automatically display the reading screen again in response to a reading instruction received on the list screen (Fig. 16B[element 362]; ¶0102[Accordingly, the user may advance to the scan item screen 150 by selecting the "scan" button 362.]), and
wherein the second mode is configured to: display of the screen after the identification information is read (Fig. 8; ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]),
register the identification information about the product in the list while the screen displayed (¶0076[The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208. The recent scan entries 208 may be loaded into the storage memory 58 of the electronic device 10 each time that the user scans an item. In this way, the user will have a running history of all scanned items and may return to them at any time.]),
display information about the registered product in a display field of the screen after the identification information is read (Fig. 8; ¶0072[ Accordingly, the scanned item screen 174 may include a product picture element 176 and one or more product information elements 178.] in view of ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]), and
continue enabling reading of additional identification information on the screen while the information about the registered product is displayed (Fig. 8; ¶0072[ Accordingly, the scanned item screen 174 may include a product picture element 176 and one or more product information elements 178.] in view of ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]).
Although Gloria Lin discloses two modes of a scanner and displaying product and list information in response to a scan, Gloria Lin does not explicitly disclose to maintain reading screen after an ID is read, registering products while the reading screen remains displayed, display field of the reading screen, and reading screen while information about product is displayed.
However, Xiaoqing Lin et al., hereinafter, Xiaoqing Lin, teaches a mode for maintaining a reading screen during scanning (Fig. 5; ¶¶0077-0078[As shown in FIG. 5, the page for scanning 31 is displayed in the upper part of the screen, and the information display page 32 is displayed in the lower part of the screen. As displayed on the information display page 32, the first product information 320 includes a product name 321, a unit price 322, and the number of products 323, and the second product information 330 includes a product name 331, a unit price 332, and the number of products 333… the user can simultaneously display the page for scanning and the information display page so that the terminal can scan a plurality of graphic codes on the page for scanning. The product information obtained by each scan can be added to the information display page in real time to improve efficiency in scanning a plurality of graphic codes]).
The system of Xiaoqing Lin is applicable to the system of Gloria Lin as they share characteristics and capabilities, namely, they are both targeted to scanning and registering products. 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 two modes of a scanner and displaying product and list information as disclosed by Gloria Lin to include maintaining a reading screen as taught by Xiaoqing Lin. One of ordinary skill in the art would have been motivated to expand the system of Gloria Lin in order to resolve a problem in the existing technology that when there are a plurality of graphic codes to be scanned, scanning efficiency is relatively low (¶0006).
Regarding Claim 2, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 1, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: in the second 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 (Figs. 8, 10, and 16A; ¶0076[Turning to FIG. 10 and returning to the scan item screen 150, a method of allowing the user to access recently scanned items is shown. From the scan item screen 150, the user may select the recent scans button 160 to advance to a recent scans screen 204. The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208] and ¶¶0101-0102[Accordingly, the user may advance to the scan item screen 150 by selecting the "scan" button 362. The user may then utilize all the methods included in electronic device 10 for identifying a product. In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list]).
Regarding Claim 3, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 1, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: in the second mode, display information about the product identified by the read identification information on the screen when the identification information is read (Fig. 8; ¶0074[Turning to FIG. 8 and returning to the scan item screen 150, a method of using the camera 48 to identify a product is shown. From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]).
Although Gloria Lin discloses two modes of a scanner and displaying product and list information in response to a scan, Gloria Lin does not explicitly disclose displaying information on the reading screen.
However, Xiaoqing Lin teaches a mode for maintaining a reading screen during scanning (Fig. 5; ¶¶0077-0078[As shown in FIG. 5, the page for scanning 31 is displayed in the upper part of the screen, and the information display page 32 is displayed in the lower part of the screen. As displayed on the information display page 32, the first product information 320 includes a product name 321, a unit price 322, and the number of products 323, and the second product information 330 includes a product name 331, a unit price 332, and the number of products 333… the user can simultaneously display the page for scanning and the information display page so that the terminal can scan a plurality of graphic codes on the page for scanning. The product information obtained by each scan can be added to the information display page in real time to improve efficiency in scanning a plurality of graphic codes]).
The system of Xiaoqing Lin is applicable to the system of Gloria Lin as they share characteristics and capabilities, namely, they are both targeted to scanning and registering products. 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 two modes of a scanner and displaying product and list information as disclosed by Gloria Lin to include maintaining a reading screen as taught by Xiaoqing Lin. One of ordinary skill in the art would have been motivated to expand the system of Gloria Lin in order to resolve a problem in the existing technology that when there are a plurality of graphic codes to be scanned, scanning efficiency is relatively low (¶0006).
Regarding Claim 4, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 1, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: receive a mode by an operation by the customer (¶0026[Each user input structure 14, 16, 18, 20, and 22 may be configured to control a device function when actuated… The input structure 16 may include a button for toggling the device 10 between a sleep mode and a wake mode.]).
Regarding Claim 5, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 4, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: receive the mode before starting product registration (¶¶0026-0034[Each user input structure 14, 16, 18, 20, and 22 may be configured to control a device function when actuated… The input structure 16 may include a button for toggling the device 10 between a sleep mode and a wake mode… The device 10 may also include a camera 48. The camera 48 may be used to shoot pictures and/or video. Moreover, as with the bar-code scanner, the camera 48 may also be used to identify certain consumer products. For example, the camera 48 may be used to capture an image of a bar code, which may then be processed by the device 10 to extract the encoded product-identifying information.]).
Regarding Claim 6, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 4, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: receive the second mode while the reading screen is being displayed in the first mode (Figs. 8, 10, and 16A; ¶0076[Turning to FIG. 10 and returning to the scan item screen 150, a method of allowing the user to access recently scanned items is shown. From the scan item screen 150, the user may select the recent scans button 160 to advance to a recent scans screen 204. The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208] and ¶¶0101-0102[Accordingly, the user may advance to the scan item screen 150 by selecting the "scan" button 362. The user may then utilize all the methods included in electronic device 10 for identifying a product. In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list]).
Regarding Claim 7, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 4, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: receive the first mode while the reading screen is being displayed in the second mode (Figs. 8, 10, and 16A; ¶0076[Turning to FIG. 10 and returning to the scan item screen 150, a method of allowing the user to access recently scanned items is shown. From the scan item screen 150, the user may select the recent scans button 160 to advance to a recent scans screen 204. The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208] and ¶¶0101-0102[Accordingly, the user may advance to the scan item screen 150 by selecting the "scan" button 362. The user may then utilize all the methods included in electronic device 10 for identifying a product. In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list]).
Regarding Claim 16, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 1, Gloria Lin discloses wherein the reading screen related to the received first mode or second mode includes information indicating the received first mode or second mode (Figs. 8, 10, and 16A; ¶0076[Turning to FIG. 10 and returning to the scan item screen 150, a method of allowing the user to access recently scanned items is shown. From the scan item screen 150, the user may select the recent scans button 160 to advance to a recent scans screen 204. The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208] and ¶¶0101-0102[Accordingly, the user may advance to the scan item screen 150 by selecting the "scan" button 362. The user may then utilize all the methods included in electronic device 10 for identifying a product. In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list]).
Claim(s) 8, 9, and 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gloria Lin in view of Xiaoqing Lin in view of in view of Kravitz et al. (US 2023/0048635 A1 [previously cited]).
Regarding Claim 8, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 1, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: determine, in the second mode, whether an action by the customer when the reading screen is displayed on the terminal device; and receive the first mode when it is determined, in the second mode, that the action by the customer (Figs. 8, 10, and 16A; ¶0076[Turning to FIG. 10 and returning to the scan item screen 150, a method of allowing the user to access recently scanned items is shown. From the scan item screen 150, the user may select the recent scans button 160 to advance to a recent scans screen 204. The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208] and ¶¶0101-0102[Accordingly, the user may advance to the scan item screen 150 by selecting the "scan" button 362. The user may then utilize all the methods included in electronic device 10 for identifying a product. In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list]).
Although Gloria Lin discloses receiving different modes, Gloria Lin in view of Xiaoqing Lin does not explicitly teach a device is suspicious and a customer 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 9, Gloria Lin in view of Xiaoqing Lin teaches the control system according to claim 1, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: determine, in the second mode, whether an action by the customer when the reading screen is displayed on the terminal device; and notify that the action by the customer when it is determined, in the second mode, that the action by the customer (Figs. 8, 10, and 16A; ¶0140[if the user selected the "buy now" button 452, the user may be advanced to the buy now screen 456, which may inform the user that the user's order is being processed and that the user will be notified when the order is ready for pickup.] in view of ¶0076[Turning to FIG. 10 and returning to the scan item screen 150, a method of allowing the user to access recently scanned items is shown. From the scan item screen 150, the user may select the recent scans button 160 to advance to a recent scans screen 204. The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208] and ¶¶0101-0102[Accordingly, the user may advance to the scan item screen 150 by selecting the "scan" button 362. The user may then utilize all the methods included in electronic device 10 for identifying a product. In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list]).
Although Gloria Lin discloses receiving a user action through a scanner device, Gloria Lin in view of Xiaoqing Lin does not explicitly teach a device is suspicious and notifying a store clerk that the action by the user is suspicious and that the user 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 11, Gloria Lin in view of Xiaoqing Lin in view of Kravitz teaches the control system according to claim 8, Gloria Lin discloses wherein the identification information is a code, and wherein the at least one processor is further configured to execute the instructions to: determine whether an action by the customer based on whether newly read code has a predetermined number of digits (Fig. 2; ¶0033[Turning now to FIG. 2, a back view of the device 10 is illustrated. As seen from the back view, the device 10 may include a bar code scanner 46. The bar code scanner 46 may be used to obtain product identifying information, which may then be used by the shopping program(s) of the device 10] in view of ¶0046[The information, herein referred to as a "product identifier," may be any information that can be used to identify a product, such as a UPC code, model number, serial number, a product name, product description, etc. In other embodiments, which will be described below, a product may be identified via barcode scanner, camera, or by entering a product identifier manually.]).
Although Gloria Lin discloses determining customer actions, Gloria Lin in view of Xiaoqing Lin does not explicitly teach 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 12, Gloria Lin in view of Xiaoqing Lin in view of Kravitz teaches the control system according to claim 11, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: determine whether an action by the customer based on whether it is continuously determined that the newly read code (Fig. 2; ¶0033[Turning now to FIG. 2, a back view of the device 10 is illustrated. As seen from the back view, the device 10 may include a bar code scanner 46. The bar code scanner 46 may be used to obtain product identifying information, which may then be used by the shopping program(s) of the device 10]).
Although Gloria Lin discloses determining whether a user action is performed, Gloria Lin in view of Xiaoqing Lin does not explicitly teach 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 13, Gloria Lin in view of Xiaoqing Lin in view of Kravitz teaches the control system according to claim 8, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: determine whether an action by the customer based on newly read the identification information (Fig. 2; ¶0033[Turning now to FIG. 2, a back view of the device 10 is illustrated. As seen from the back view, the device 10 may include a bar code scanner 46. The bar code scanner 46 may be used to obtain product identifying information, which may then be used by the shopping program(s) of the device 10]).
Although Gloria Lin discloses determining an action by a customer, Gloria Lin in view of Xiaoqing Lin does not explicitly teach determining whether an action is suspicious based on whether a time required to read is within a predetermined time.
However, Kravitz teaches determining a suspicious action based on a period of time to scan (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 ¶0094[This can be done for example, by measuring whether the item detection is received within a reasonable time interval since the last barcode read.]).
The system of Kravitz is applicable to the system of Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 14, Gloria Lin in view of Xiaoqing Lin in view of Kravitz teaches the control system according to claim 8, Gloria Lin discloses wherein the at least one processor is further configured to execute the instructions to: determine whether an action by the customer based on whether new identification information is read for a predetermined time or more (Fig. 2; ¶0033[Turning now to FIG. 2, a back view of the device 10 is illustrated. As seen from the back view, the device 10 may include a bar code scanner 46. The bar code scanner 46 may be used to obtain product identifying information] in view of ¶0076[The recent scan entries 208 may be loaded into the storage memory 58 of the electronic device 10 each time that the user scans an item. In this way, the user will have a running history of all scanned items and may return to them at any time.]).
Although Gloria Lin discloses determining customer actions, Gloria Lin in view of Xiaoqing Lin does not explicitly teach 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 15, Gloria Lin in view of Xiaoqing Lin in view of Kravitz teaches the control system according to claim 8, Gloria Lin 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, determine whether an action by the customer based on whether passage of an object is confirmed by the imaging device (Fig. 2; ¶0033[Turning now to FIG. 2, a back view of the device 10 is illustrated. As seen from the back view, the device 10 may include a bar code scanner 46. The bar code scanner 46 may be used to obtain product identifying information]).
Although Gloria Lin discloses determining customer actions, Gloria Lin in view of Xiaoqing Lin does not explicitly teach 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin in order to track items which are inserted or removed from a shopping container (Abstract).
Regarding Claim 17, Gloria Lin discloses a control method of controlling a screen to be displayed by a terminal device, the control method comprising (Fig. 3; ¶¶0036-0038[As stated above, the device 10 may include a scanner 46, a camera 48, and an NFC interface 50. The operation of the device 10 may be controlled by one or more processor(s) 52 that provide the processing capability required to execute the operating system… The electronic device 10 may also include a random access memory (RAM) 56 electrically coupled to data bus 54.]):
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. 16A; ¶0098[A product-specific entry may be added to the shopping list by scanning the product or manually entering a product identifier such as UPC code.]);
receiving, by an operation by the customer on the terminal device, a selection of one of a first mode and a second mode (¶0026[The input structure 16 may include a button for toggling the device 10 between a sleep mode and a wake mode.]),
automatically displaying a screen on the terminal device according to the received selection of the first mode or the second mode (¶0026[Each user input structure 14, 16, 18, 20, and 22 may be configured to control a device function when actuated. For example, the input structure 14 may include a button that when pressed causes a "home" screen or menu to be displayed on the device. The input structure 16 may include a button for toggling the device 10 between a sleep mode and a wake mode.]),
wherein the first mode comprises: automatically displaying a list screen of the list as a response to reading of the identification information (Figs. 16A and 16B; ¶0102[For example, a user may wish to add a product entry 342 to the shopping list 340 by scanning the product in accordance with the methods described in FIGS. 5-10 above... In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list 340 and returns the user back to the edit list screen 354]; Examiner notes that returning to the edit list screen is comparable to displaying a list screen as a response to reading ID information), and
wherein the second mode comprises: display of the screen after the identification information is read (Fig. 8; ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]),
registering the identification information about the product in the list while the screen displayed (¶0076[The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208. The recent scan entries 208 may be loaded into the storage memory 58 of the electronic device 10 each time that the user scans an item. In this way, the user will have a running history of all scanned items and may return to them at any time.]),
displaying information about the registered product in a display field of the screen after the identification information is read (Fig. 8; ¶0072[ Accordingly, the scanned item screen 174 may include a product picture element 176 and one or more product information elements 178.] in view of ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]), and
continuing enabling reading of additional identification information on the screen while the information about the registered product is displayed (Fig. 8; ¶0072[ Accordingly, the scanned item screen 174 may include a product picture element 176 and one or more product information elements 178.] in view of ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]).
Although Gloria Lin discloses two modes of a scanner and displaying product and list information in response to a scan, Gloria Lin does not explicitly disclose to maintaining reading screen after an ID is read, registering products while the reading screen remains displayed, display field of the reading screen, and reading screen while information about product is displayed.
However, Xiaoqing Lin teaches a mode for maintaining a reading screen during scanning (Fig. 5; ¶¶0077-0078[As shown in FIG. 5, the page for scanning 31 is displayed in the upper part of the screen, and the information display page 32 is displayed in the lower part of the screen. As displayed on the information display page 32, the first product information 320 includes a product name 321, a unit price 322, and the number of products 323, and the second product information 330 includes a product name 331, a unit price 332, and the number of products 333… the user can simultaneously display the page for scanning and the information display page so that the terminal can scan a plurality of graphic codes on the page for scanning. The product information obtained by each scan can be added to the information display page in real time to improve efficiency in scanning a plurality of graphic codes]).
The method of Xiaoqing Lin is applicable to the method of Gloria Lin as they share characteristics and capabilities, namely, they are both targeted to scanning and registering products. 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 two modes of a scanner and displaying product and list information as disclosed by Gloria Lin to include maintaining a reading screen as taught by Xiaoqing Lin. One of ordinary skill in the art would have been motivated to expand the method of Gloria Lin in order to resolve a problem in the existing technology that when there are a plurality of graphic codes to be scanned, scanning efficiency is relatively low (¶0006).
Regarding Claim 18, Gloria Lin 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. 3; ¶¶0036-0038[As stated above, the device 10 may include a scanner 46, a camera 48, and an NFC interface 50. The operation of the device 10 may be controlled by one or more processor(s) 52 that provide the processing capability required to execute the operating system… The electronic device 10 may also include a random access memory (RAM) 56 electrically coupled to data bus 54.]):
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. 16A; ¶0098[A product-specific entry may be added to the shopping list by scanning the product or manually entering a product identifier such as UPC code.]);
receiving, by an operation by the customer on the terminal device, a selection of one of a first mode and a second mode (¶0026[The input structure 16 may include a button for toggling the device 10 between a sleep mode and a wake mode.]),
automatically displaying a screen on the terminal device according to the received selection of the first mode or the second mode (¶0026[Each user input structure 14, 16, 18, 20, and 22 may be configured to control a device function when actuated. For example, the input structure 14 may include a button that when pressed causes a "home" screen or menu to be displayed on the device. The input structure 16 may include a button for toggling the device 10 between a sleep mode and a wake mode.]),
wherein the first mode comprises: automatically displaying a list screen of the list as a response to reading of the identification information (Figs. 16A and 16B; ¶0102[For example, a user may wish to add a product entry 342 to the shopping list 340 by scanning the product in accordance with the methods described in FIGS. 5-10 above... In the example shown in FIG. 16, the user selects the "touch scan" button 152, advances to the touch scan screen 162 and scans the desired product. When the user is satisfied with the results of the scan, the user may select the "add" button 368, which adds the scanned item to the shopping list 340 and returns the user back to the edit list screen 354]; Examiner notes that returning to the edit list screen is comparable to displaying a list screen as a response to reading ID information), and
automatically displaying the reading screen again in response to a reading instruction received on the list screen (Fig. 16B[element 362]; ¶0102[Accordingly, the user may advance to the scan item screen 150 by selecting the "scan" button 362.]), and
wherein the second mode comprises: display of the screen after the identification information is read (Fig. 8; ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]),
registering the identification information about the product in the list while the screen displayed (¶0076[The recent scans screen 204 may include a recent scan list 206 with a list of recent scan entries 208. The recent scan entries 208 may be loaded into the storage memory 58 of the electronic device 10 each time that the user scans an item. In this way, the user will have a running history of all scanned items and may return to them at any time.]),
displaying information about the registered product in a display field of the screen after the identification information is read (Fig. 8; ¶0072[ Accordingly, the scanned item screen 174 may include a product picture element 176 and one or more product information elements 178.] in view of ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]), and
continuing enabling reading of additional identification information on the screen while the information about the registered product is displayed (Fig. 8; ¶0072[ Accordingly, the scanned item screen 174 may include a product picture element 176 and one or more product information elements 178.] in view of ¶0074[From the scan item screen 150, the user may select the camera button 156 to advance to the camera screen 186. The camera screen 186 may allow a user to take a picture of a bar code located on the product packaging or the product itself. This information may then be processed by the electronic device 10 to identify the product, in accordance with known digital image processing techniques.]).
Although Gloria Lin discloses two modes of a scanner and displaying product and list information in response to a scan, Gloria Lin does not explicitly disclose to maintaining reading screen after an ID is read, registering products while the reading screen remains displayed, display field of the reading screen, and reading screen while information about product is displayed.
However, Xiaoqing Lin teaches a mode for maintaining a reading screen during scanning (Fig. 5; ¶¶0077-0078[As shown in FIG. 5, the page for scanning 31 is displayed in the upper part of the screen, and the information display page 32 is displayed in the lower part of the screen. As displayed on the information display page 32, the first product information 320 includes a product name 321, a unit price 322, and the number of products 323, and the second product information 330 includes a product name 331, a unit price 332, and the number of products 333… the user can simultaneously display the page for scanning and the information display page so that the terminal can scan a plurality of graphic codes on the page for scanning. The product information obtained by each scan can be added to the information display page in real time to improve efficiency in scanning a plurality of graphic codes]).
The system of Xiaoqing Lin is applicable to the system of Gloria Lin as they share characteristics and capabilities, namely, they are both targeted to scanning and registering products. 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 two modes of a scanner and displaying product and list information as disclosed by Gloria Lin to include maintaining a reading screen as taught by Xiaoqing Lin. One of ordinary skill in the art would have been motivated to expand the system of Gloria Lin in order to resolve a problem in the existing technology that when there are a plurality of graphic codes to be scanned, scanning efficiency is relatively low (¶0006).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gloria Lin in view of Xiaoqing Lin in view of in view of Kravitz in view of Valiulla et al. (US 2021/0042509 A1 [previously cited]).
Regarding Claim 10, Gloria Lin in view of Xiaoqing Lin in view of Kravitz teaches the control system according to claim 9, Gloria Lin 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 that an action by the customer; and notify of the acquired position information and that the action by the customer (Fig. 4; ¶0045[The device 10 may also include a positioning device 70 used to determine a user's geographical position on a map, such as a street map or building map. The positioning device may utilize the global positioning system (GPS) or a regional or site-wide positioning system that uses cell tower positioning technology or WiFi technology, for example.] in view of Claim 22[comprising a positioning device, and wherein the handheld electronic device is configured to transmit a position of the handheld electronic device to the data manager via the wireless network]).
Although Gloria Lin discloses receiving a user action through a scanner device, Gloria Lin in view of Xiaoqing Lin does not explicitly teach a user is suspicious and notifying the store clerk of a position of a user that 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin 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 Gloria Lin in view of Xiaoqing Lin in view of Kravitz in order to determine whether customer activities identified by the probability certainties indicate suspicious behavior (Abstract).
Response to Arguments
Applicant’s arguments on pages 10-12 of the remarks filed 05/15/2026, with respect to the previous 35 USC § 101 rejections have been fully considered but are not persuasive.
Applicant argues on pages 10-12 of the remarks that the amended claim 1 provides a technical in the operation of terminal devices during barcode reading operations. Examiner respectfully disagrees. The MPEP provides guidance on how to evaluate whether claims recite an improvement in the functioning of a computer or an improvement to other technology or technical field. For example, the MPEP states "the specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement." The MPEP further states that "[t]he specification need not explicitly set forth the improvement, but it must describe the invention such that the improvement would be apparent to one of ordinary skill in the art," and that, "conversely, if the specification explicitly sets forth an improvement but in a conclusory manner the examiner should not determine the claim improves technology" (see MPEP 2106.04). That is, the claim includes the components or steps of the invention that provide the improvement described in the specification.
While the examiner acknowledges that improvements to the functioning of a computer or to any other technology or technical field may constitute integration into a practical application (see MPEP 2106.05(a)), the instant claims do not provide a technical improvement. Rather, the claims provide an improvement to the abstract idea of fulfilling commercial orders. This is illustrated in Paragraph [0006] of the instant specification which discusses that the invention might provide improvements to the fulfilment of commercial orders. Furthermore, 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, by an operation by the customer, a selection of one of a first mode and a second mode, according to the received selection of the first mode or the second mode, wherein the first mode is configured to: of the list as a response to reading of the identification information, and again in response to a reading instruction received, and wherein the second mode is configured to: maintain display after the identification information is read, register the identification information about the product in the list, display information about the registered product in a display field after the identification information is read, and continue enabling reading of additional identification information while the information about the registered product is displayed as recited in amended claim 1 are encompassed by the abstract idea and the mere execution of the abstract idea on generic components which are recited at a high level of generality does not integrate the abstract idea into a practical application or provide a technical improvement. The additional elements of a “screen to be displayed by a terminal device,” “a memory storing instructions,” “processor configured to execute the instructions,” a “reading screen,” and a “list screen” are generic and high-level components and are described as such in the instant specification paragraphs [0210]- [0216] and Fig. 28.
Accordingly, Examiner maintains that the 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. Thus the 35 USC §101 rejections are maintained.
Applicant’s arguments on pages 12-15 of the remarks filed 05/15/2026, with respect to the previous 35 USC § 102/103 rejections have been fully considered but are moot in view of the new 103 rejection of the amended claims.
References Gloria Lin and Xiaoqing Lin have been added in view of the claim amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHOORA LADONI whose email is Ahoora.Ladoni@uspto.gov and telephone number is (703) 756-5617. The examiner can normally be reached M-F 0900–1700 ET.
Examiner interviews are available via telephone, in-person and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AHOORA LADONI/Examiner, Art Unit 3689
/KELLY S. CAMPEN/Primary Examiner, Art Unit 3691
Prosecution Insights