DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed a judicial exception (i.e., an abstract idea) without significantly more.
Step 1 – Statutory Categories
As indicated in the preamble of the claim, the examiner finds the claim is directed to a process, machine, manufacture, or composition of matter.(Claims 1-7 are processes and Claims 8-20 are machines). Accordingly, step 1 is satisfied.
Step 2A – Prong 1: was there a Judicial Exception Recited
Claim 15 (and similarly Claims 1 and 8) recites the following abstract concepts that are found to include “abstract idea.” Any additional elements will be analyzed under Step 2A-Prong 2 and Step 2B:
retrieve product code information associated with a product at the facility, wherein the product code information comprises at least one of hierarchical information, path information, and event information associated with the product (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)), wherein:
the hierarchical information indicates a hierarchy of packing of the product within a pallet (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)),
the path information indicates movement of the product across a plurality of facilities in the supply chain (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)), and
the event information indicates occurrence of an event in at least one facility from the plurality of facilities affecting a quantity of the product (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
determine an expected inventory of the product at the facility from the product code information (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
retrieve an actual inventory of the product at the facility from an inventory database associated with the facility (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
compare the derived inventory with the actual inventory to identify a discrepancy in the inventory of the product (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
identify a point of discrepancy in the supply chain where the discrepancy in the inventory of the product had occurred, wherein the point of discrepancy is identified from the path information and sensor data received from sensors mounted onto the pallet (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)).
Claim 15 (and similarly Claims 1 and 8) is directed to a series of steps for identifying a point in the supply chain where an inventory discrepancy occurred, which are mental processes. The mere nominal recitation of a non-transitory computer readable medium comprising computer-readable instructions, a processing resource, a computing device, a database, and sensors mounted on pallets, does not take the claim out of mental processes. Thus, Claim 15 (and similarly Claims 1 and 8) recites an abstract idea.
Step 2A – Prong 2: Can the Judicial Exception Recited be integrated into a practical application
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The identified abstract idea of exemplary Claim 15 (and similarly Claims 1 and 8) is not integrated into a practical application. The additional elements are: a non-transitory computer readable medium comprising computer-readable instructions, a processing resource, a computing device, a database, and sensors mounted on pallets that implements the underlying abstract idea. These additional elements are broadly recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. Claim 15 (and similarly Claims 1 and 8) is directed to an abstract idea.
Step 2B – Significantly More Analysis
Claim 15 (and similarly Claims 1 and 8) does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and in combination, steps a) retrieve product code information associated with a product at a facility, b) determine an expected inventory of the product, c) retrieve an actual inventory of the product, d) compare the derived inventory with the actual inventory of the product, and e) identify a point of discrepancy in the supply chain where the discrepancy occurred, wherein the point of discrepancy is identified from path information and sensor data received from sensors mounted on a pallet, etc., do not add significantly more to the exception because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Claim 15 (and similarly Claims 1 and 8) is ineligible.
Claim 2 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 3 (and similarly Claims 10 and 16) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 4 (and similarly Claims 11 and 17) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 5 (and similarly Claims 12 and 18) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 6 (and similarly Claims 13 and 19) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 7 (and similarly Claims 14 and 20) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 9 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2018/0114415 “Mattingly”.
As per Claims 1, 8, and 15, Mattingly discloses a method, system, and non-transitory computer readable medium for managing inventory of a product at a facility in a supply chain, comprising computer-readable instructions that when executed cause a processing resource of a computing device to:
retrieve product code information associated with a product at the facility, wherein the product code information comprises at least one of path information, and event information associated with the product (Mattingly: [0048] The sensors can be used to allow the pallet control system to detect and/or measure temperature, shock, location (e.g., using GPS), weight, distance, gas emissions, pressure, humidity, light, identifiers (e.g., RFID, barcodes, serial numbers, etc.), and/or other such information and/or conditions. Monitoring can be implemented while products are loaded onto the pallet, during transport, during delivery, during stocking, and substantially any other point along the way. Notifications and/or alerts can be generated based on the sensor data. The system can continue to monitor pallets for damaged goods (e.g., something gets dropped, something falls over, misplaced, etc.). In some embodiments, the pallet and/or pallet control system can include identifying information (e.g., a bar code, an RFID tag, a serial number, etc.). The pallet identification can be used to confirm a correct pallet is removed from loaded onto a correct delivery vehicle, removed at a correct delivery location, and the like.), wherein:
the path information indicates movement of the product across a plurality of facilities in the supply chain (Mattingly: [0048], The sensors can be used to allow the pallet control system to detect and/or measure temperature, shock, location (e.g., using GPS), weight, distance, gas emissions, pressure, humidity, light, identifiers (e.g., RFID, barcodes, serial numbers, etc.), and/or other such information and/or conditions. Monitoring can be implemented while products are loaded onto the pallet, during transport, during delivery, during stocking, and substantially any other point along the way. Notifications and/or alerts can be generated based on the sensor data. The system can continue to monitor pallets for damaged goods (e.g., something gets dropped, something falls over, misplaced, etc.).), and
the event information indicates occurrence of an event in at least one facility from the plurality of facilities affecting a quantity of the product (Mattingly: [0048], The sensors can be used to allow the pallet control system to detect and/or measure temperature, shock, location (e.g., using GPS), weight, distance, gas emissions, pressure, humidity, light, identifiers (e.g., RFID, barcodes, serial numbers, etc.), and/or other such information and/or conditions. Monitoring can be implemented while products are loaded onto the pallet, during transport, during delivery, during stocking, and substantially any other point along the way. Notifications and/or alerts can be generated based on the sensor data. The system can continue to monitor pallets for damaged goods (e.g., something gets dropped, something falls over, misplaced, etc.).);
determine an expected inventory of the product at the facility from the product code information (Mattingly: [0032] the pallet control system may further confirm or calculate a quantity of inventory on the pallet based on the sensor data... there are various other ways to calculate quantity using the sensor data, including for example, sensor data from an array or grid of weight sensors each with sufficient discrimination and resolution so that, in combination, the sensors may be able to identify the quantity and possibly the type of product at various positions on the pallet. The calculated quantity may be compared to expected inventory record information. Alerts (on the pallet (e.g., through alert system 220) and/or remote from the pallet (e.g., user interface unit 122)) may be generated when discrepancies are detected between sensed and expected data.);
retrieve an actual inventory of the product at the facility from an inventory database associated with the facility (Mattingly: [0032] the pallet control system may further confirm or calculate a quantity of inventory on the pallet based on the sensor data... there are various other ways to calculate quantity using the sensor data, including for example, sensor data from an array or grid of weight sensors each with sufficient discrimination and resolution so that, in combination, the sensors may be able to identify the quantity and possibly the type of product at various positions on the pallet. The calculated quantity may be compared to expected inventory record information. Alerts (on the pallet (e.g., through alert system 220) and/or remote from the pallet (e.g., user interface unit 122)) may be generated when discrepancies are detected between sensed and expected data.);
compare the derived inventory with the actual inventory to identify a discrepancy in the inventory of the product (Mattingly: [0032] the pallet control system may further confirm or calculate a quantity of inventory on the pallet based on the sensor data... there are various other ways to calculate quantity using the sensor data, including for example, sensor data from an array or grid of weight sensors each with sufficient discrimination and resolution so that, in combination, the sensors may be able to identify the quantity and possibly the type of product at various positions on the pallet. The calculated quantity may be compared to expected inventory record information. Alerts (on the pallet (e.g., through alert system 220) and/or remote from the pallet (e.g., user interface unit 122)) may be generated when discrepancies are detected between sensed and expected data.); and
identify a point of discrepancy in the supply chain where the discrepancy in the inventory of the product had occurred, wherein the point of discrepancy is identified from the path information and sensor data received from sensors mounted onto the pallet (Mattingly: [0043], the pallet control system and/or the central control system can use the sensor information in determining the condition of one or more products, evaluate parameters relative to a delivery schedule, routing and/or intended destination, and/or other such factors. The pallet control system, in some applications, is configured to detect based on the sensor data a change in a quantity of the multiple products. This change can be based on a change in weight and/or sequence of changes in weight. Further, the pallet control system may store data corresponding to one or more products supported by the pallet, such as weight of each product, weight of a grouping (e.g., case) of a product, temperature thresholds, and other such data. Using this information the pallet control system (or the central control system) may identify a change in weight as corresponding to that of a particular product or grouping of a product and determine that a particular product or products were removed…the pallet control system may identify when products are removed and determine based on the route and/or delivery information whether the removed product is intended for the location where the product was removed.).
Mattingly fails to disclose a method, system, and non-transitory computer readable medium for managing inventory of a product at a facility in a supply chain, comprising computer-readable instructions that when executed cause a processing resource of a computing device to:
retrieve product code information associated with a product at the facility, wherein the product code information comprises at least one of hierarchical information, wherein:
the hierarchical information indicates a hierarchy of packing of the product within a pallet.
Javaheri teaches a method, system, and non-transitory computer readable medium for managing inventory of a product at a facility in a supply chain, comprising computer-readable instructions that when executed cause a processing resource of a computing device to:
retrieve product code information associated with a product at the facility, wherein the product code information comprises at least one of hierarchical information (Javaheri: [0029] In this regard, in some aspects the product 1 may be a plurality of products. In particular, the product 1 may be different products, a plurality of the same products, and/or the like. Additionally, the product 1 may be associated with an identifier 10 that identifies the product 1 in association with one or more of a stock keeping unit (SKU), a Universal Product Code (UPC), a lot of a product, a batch of a product, a pallet of the product, a case of a product, a single unit of the product, and/or the like.), wherein:
the hierarchical information indicates a hierarchy of packing of the product within a pallet (Javaheri: [0029] In this regard, in some aspects the product 1 may be a plurality of products. In particular, the product 1 may be different products, a plurality of the same products, and/or the like. Additionally, the product 1 may be associated with an identifier 10 that identifies the product 1 in association with one or more of a stock keeping unit (SKU), a Universal Product Code (UPC), a lot of a product, a batch of a product, a pallet of the product, a case of a product, a single unit of the product, and/or the like.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mattingly to include hierarchical information of items on a pallet as taught by Javaheri, with the inventory management as taught by Mattingly with the motivation to obtain detailed information on a product from its source to a final destination from a single platform having a greater level of accuracy (Javaheri: [0005]).
As per Claim 2, Mattingly discloses a method, wherein the point of discrepancy is further identified from sensor data received from a sensor mounted onto the pallet (Mattingly: [0017]).
As per Claims 3, 10, and 16, Mattingly fails to disclose but Javaheri teaches a method, system, and non-transitory computer readable medium, wherein the product code information conforms with GS1 Electronic Product Code Information Services (EPCIS) standard (Javaheri: [0153]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mattingly to include hierarchical information of items on a pallet as taught by Javaheri, with the inventory management as taught by Mattingly with the motivation to obtain detailed information on a product from its source to a final destination from a single platform having a greater level of accuracy (Javaheri: [0005]).
As per Claims 4, 11, and 17, Mattingly fails to disclose but Javaheri teaches a method, system, and non-transitory computer readable medium, wherein the hierarchical information comprises a pallet_ID associated with a pallet, wherein the pallet_ID is indicative of case_ID associated with the case within the pallet, carton_ID associated with the carton within the case, and product_ID associated with the product within the carton (Javaheri: [0029]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mattingly to include hierarchical information of items on a pallet as taught by Javaheri, with the inventory management as taught by Mattingly with the motivation to obtain detailed information on a product from its source to a final destination from a single platform having a greater level of accuracy (Javaheri: [0005]).
As per Claims 5, 12, and 18, Mattingly discloses a method, system, and non-transitory computer readable medium, wherein the sensor data comprises location of the pallet, temperature of the pallet, vibration of the pallet, or a combination thereof (Mattingly: [0023]).
As per claims 6, 13, and 19, Mattingly discloses a method, system, and non-transitory computer readable medium, wherein when the sensor data is the temperature of the pallet, identifying the point of discrepancy comprises:
identifying a deviation in the temperature of the pallet to be beyond a threshold (Mattingly: [0043]);
identifying a location where the deviation went beyond the threshold to be the point in the supply chain where the discrepancy in the inventory of the product had occurred (Mattingly: [0043]).
As per Claims 7, 14, and 20, Mattingly discloses a method, system, and non-transitory computer readable medium, wherein the sensor data is the vibration of the pallet, identifying the point of discrepancy comprises:
identifying a deviation in vibration of the pallet be beyond a threshold (Mattingly: [0043]);
identifying a location where the deviation went beyond the threshold to be the point in the supply chain where the discrepancy in the inventory of the product had occurred (Mattingly: [0043]).
As per Claim 9, Mattingly discloses a system, Mattingly wherein the investigation engine is to identify the point of discrepancy from the path information (Mattingly: [0043]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
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/REVA R MOORE/ Examiner, Art Unit 3627
/FAHD A OBEID/ Supervisory Patent Examiner, Art Unit 3627