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 .
Claims 1-11 have been examined.
Specification
The abstract of the disclosure is objected to because, in the sixth line, “A elongate strip” should be “An elongate strip”. In the eighth line of the abstract, there is a comma fault; “there along, the purpose of each hook is” should be “therealong; the purpose of each hook is” with a semicolon; alternatively, “the purpose of each hook is” can be changed to “the purpose of each hook being” or to “wherein the purpose of each hook is”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Analysis - 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.
The following 35 U.S.C. 101 analysis is performed in accordance with section 2106 of the Manual of Patent Examination Procedure (concerning Patent Subject Matter Eligibility Guidance).
First, it is determined under Step 1 of the Alice/Mayo test that the claims are directed to a statutory category of invention. See MPEP 2106.03 (II). In the instant case, claims 1-11 are directed to a digital pricing display comprising a digital display unit and an elongate strip affixed to the digital display, and therefore fall within the statutory category of machine. Therefore, claims 1-11 are directed to statutory subject matter under Step 1 of the Alice/Mayo test. (Step 1: YES).
The claims are then analyzed to determine whether the claims are directed to a judicial exception. See MPEP 2106.04. The claims are analyzed to evaluate whether they recite a judicial exception (Step 2A, Prong One) as well as analyzed to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of the judicial exception (Step 2A, Prong Two). See MPEP 2106.04.
Under Step 2A, Prong One, claim 1 recites “an instruction set hosted in the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen”, which raises the possibility of being directed to the abstract idea of commercial interactions (which includes advertising) in the category of certain methods of organizing human activity. Claim 2 further recites (emphasis added), “wherein the received information includes at least a product identification, a product price, and a digital code corresponding to the product.” Although the display of the information might lead to commercial interactions, the display of the information is not strictly directed to such commercial interactions, and the claims are directed to a digital pricing display, with both electronic and mechanical elements, rather than to a device strictly for advertising, such as determining what advertisements to present to which users or by-passers in what circumstances, and therefore are not strongly directed to advertising. By analogy, a claim directed to the mechanical structure of a roadside sign, or to means for electronic display in the roadside sign would likely not be directed to commercial interactions, even though the sign might be used to display advertising. (Step 2A, Prong One: NO)
Even if, ad arguendo, claims 1-11 are directed to an abstract idea (judicial exception) under Step 2A, Prong One, they recite additional elements that integrate the judicial exception into a practical application of the judicial exception, and therefore qualify as significantly more than the abstract idea. Specifically, claim 1 combines the means to “display the information [for a product] on the display screen” with “an elongate strip affixed to the digital display unit and for supporting a plurality of products there, the elongate strip including a plurality of linearly aligned hooks formed thereon, each hook for receiving thereon a product corresponding to the information displayed by the digital display unit.” The claims are therefore significantly more than an abstract idea. (Step 2A, Prong Two: YES)
Because claims 1-11 are patent-eligible under Step 2A analysis, Step 2B of the Alice/Mayo test is not reached.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 3, 7, and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 4, 5, and 6 of U.S. Patent No. 12,020,263. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application is essentially a broader version of claim 1 of the ‘263 patent, with the limitation of claim 2 of the ‘263 patent incorporated. Table 1 below shows relevant claims of the instant application and of U.S. Patent No. 12,020,263, with elements present in one claim but not a parallel claim of the other case bolded. It is noted that claim 1 of the instant application recites “an elongate strip affixed to the digital display unit” in place of “an elongate strip attached to the digital display unit”. This raises the issue of a possible distinction; however, Merriam-Webster’s Collegiate Dictionary (tenth edition), in the first entry for “affix”, gives as the second meaning, “to attach in any way” (the first meaning being “to attach physically”). Therefore, there is no clear distinction between affixing and attaching. Otherwise, claim 1 of the instant application is broader than claim 1 of the ‘263 patent, in that it recites that the elongate strip is for supporting a plurality of products thereto, and that the plurality of hooks are linearly aligned, limitations not recited in claims 1 and 2 of the ‘263 patent.
Similarly, claim 2 of the instant application is directly parallel to claim 3 of the ‘263 patent. Claim 3 of the instant application is directly parallel to claim 4 of the ‘263 patent. Claim 7 of the instant application is largely parallel to claim 5 of the ‘263 patent, and becomes parallel when claim 7 is read in light of claim 6 of the instant application, from which claim 7 of the instant application depends. Specifically, claim 6 of the instant application recites that the elongate strip is vertically oriented, making “the vertically oriented strip” in claim 7 of the instant application equivalent to “the elongate strip” in claim 5 of the ‘263 patent. Claim 8 of the instant application is directly parallel to claim 6 of the ‘263 patent.
Table 1
Instant Application
U.S. Patent 12,020,263
1. A digital pricing display comprising: a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith;
and an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen; wherein the digital display unit receives the information from a remote terminal; and
an elongate strip affixed to the digital display unit and for supporting a plurality of products thereto, the elongate strip including a plurality of linearly aligned hooks formed thereon, each hook for receiving thereon a product corresponding to the information displayed by the digital display unit.
2. The digital pricing display according to claim 1 wherein the received information includes at least a product identification, a product price, and digital code corresponding to the product.
3. The digital pricing display according to claim 2, wherein the digital code is a bar code.
6. The digital pricing display according to claim 1 wherein the elongate strip is vertically oriented.
7. The digital pricing display according to claim 6 further including a suction cup at a distal end of the vertically oriented strip for securing to a portion of a display stand.
8. The digital pricing display according to claim 1 wherein substantially adjacent to each hook at least one tab extends from the elongate strip for stabilizing a product hanging from the hook.
1. A digital pricing display comprising; a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith; and
an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen; and
an elongate strip attached to digital display unit, the elongate strip having a plurality of hooks formed thereon, each hook for receiving thereon a product corresponding to the information displayed by the digital display unit.
2. The digital pricing display according to claim 1 wherein the digital display unit receives the information from a remote terminal.
3. The digital pricing display according to claim 2 wherein the received information includes at least a product identification, a product price, and digital code corresponding to the product.
4. The digital pricing display according to claim 3, wherein the digital code is a bar code.
5. The digital pricing display according to claim 1 further including a suction cup at a distal end of the elongate strip for securing to a portion of a display stand.
6. The digital pricing display according to claim 1 wherein substantially adjacent to each hook at least one tab extends from the elongate strip for stabilizing a product hanging from the hook.
Claims 1, 2, 3, 4, 5, 6, 7, and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 4, 5, 6, 7, and 8 of U.S. Patent No. 11,227,293. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application is essentially a broader version of claim 1 of the ‘293 patent. Table 2 below shows relevant claims of the instant application and of U.S. Patent No. 11,227,293, with elements present in one claim but not a parallel claim of the other case bolded. It is noted that claim 1 of the instant application recites “an elongate strip affixed to the digital display unit” in place of “an elongate strip attached to the digital display unit”. This raises the issue of a possible distinction; however, Merriam-Webster’s Collegiate Dictionary (tenth edition), in the first entry for “affix”, gives as the second meaning, “to attach in any way” (the first meaning being “to attach physically”). Therefore, there is no clear distinction between affixing and attaching. Otherwise, claim 1 of the instant application is broader than claim 1 of the ‘293 patent, in that it omits “a fixture for attaching the digital pricing display to a display stand”. Claim 1 of the instant application recites “an elongate strip affixed to the digital display unit and for supporting a plurality of products thereto”, in place of “an element for supporting a plurality of products thereto, comprising an elongate strip attached to the digital display unit” in claim 1 of the ‘293 patent, which is a distinction with little or no difference. Claim 1 of the instant application then further recites, “the elongate strip including a plurality of linearly aligned hooks formed thereon”, in place of “the elongate strip having a plurality of hooks formed therealong and substantially in linear alignment” in claim 1 of the ‘293 patent, another distinction with little or no difference. Lastly, claim 1 of the instant application recites, “each hook for receiving thereon a product” in place of “each hook for receiving thereon a product package” in claim 1 of the ‘293 patent; this makes claim 1 of the instant application broader, in that a product may or may not involve a product package.
Claim 2 of the instant application is directly parallel to claim 2 of the ‘293 patent. Claim 3 of the instant application is directly parallel to claim 3 of the ‘293 patent. Claim 4 of the instant application is essentially parallel to claim 4 of the ‘293 patent, reciting that the digital price display includes what the fixture of claim 1 of the ‘293 patent is reciting as being in claim 4 of the ‘293 patent. Claim 5 of the instant application is directly parallel to claim 5 of the ‘293 patent. Claim 6 of the instant application is directly parallel to claim 6 of the ‘293 patent. Claim 7 of the instant application is directly parallel to claim 7 of the ‘293 patent. Claim 8 of the instant application is directly parallel to claim 8 of the ‘293 patent.
Table 2
Instant Application
U.S. Patent 11,227,293
1. A digital pricing display comprising:
a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith; and
an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen;
wherein the digital display unit receives the information from a remote terminal; and
an elongate strip affixed to the digital display unit and for supporting a plurality of products thereto, the elongate strip including a plurality of linearly aligned hooks formed thereon, each hook for receiving thereon a product corresponding to the information displayed by the digital display unit.
2. The digital pricing display according to claim 1 wherein the received information includes at least a product identification, a product price, and digital code corresponding to the product.
3. The digital pricing display according to claim 2 wherein the digital code is a bar code.
4. The digital pricing display according to claim 1 further including a suction cup affixed to a rear surface of the digital display unit for affixing the digital pricing display to a display stand.
5. The digital pricing display according to claim 1 wherein the elongate strip is horizontally oriented.
6. The digital pricing display according to claim 1 wherein the elongate strip is vertically oriented.
7. The digital pricing display according to claim 6 further including a suction cup at a distal end of the vertically oriented strip for securing to a portion of a display stand.
8. The digital pricing display according to claim 1 wherein substantially adjacent to each hook at least one tab extends from the elongate strip for stabilizing a product hanging from the hook.
1. A digital pricing display comprising: a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith;
and an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen;
wherein the digital display unit receives the information from a remote terminal;
a fixture for attaching the digital pricing display to a display stand; and
an element for supporting a plurality of products thereto, comprising an elongate strip attached to the digital display unit, the elongate strip having a plurality of hooks formed therealong and substantially in linear alignment, each hook for receiving thereon a product package corresponding to the information displayed by the digital display unit.
2. The digital pricing display according to claim 1, wherein the received information includes at least a product identification, a product price, and digital code corresponding to the product.
3. The digital pricing display according to claim 2 wherein the digital code is a bar code.
4. The digital pricing display according to claim 1 wherein the fixture for attaching the digital pricing display to a display stand is a suction cup affixed to a rear surface of the digital display unit for affixing the digital pricing display to a display stand.
5. The digital pricing display according to claim 1 wherein the elongate strip is horizontally oriented.
6. The digital pricing display according to claim 1 wherein the elongate strip is vertically oriented.
7. The digital pricing display according to claim 6 further including a suction cup at a distal end of the vertically oriented strip for securing to a portion of a display stand.
8. The digital pricing display according to claim 1 wherein substantially adjacent to each hook at least one tab extends from the elongate strip for stabilizing a product hanging from the hook.
Claims 1, 2, 3, 4, 5, 6, 7, and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12, 13, 14, 15, 16, and 17, of U.S. Patent No. 11,227,293. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application is essentially a broader version of claim 12 of the ‘293 patent, with the limitation of claim 13 of the ‘263 patent incorporated. Table 3 below shows relevant claims of the instant application and of U.S. Patent No. 12,020,263, with elements present in one claim but not a parallel claim of the other case bolded. It is noted that claim 1 of the instant application recites “an elongate strip affixed to the digital display unit and for supporting a plurality of products thereto” in place of “an elongate strip attached to the digital display unit”. This raises the issue of a possible distinction; however, Merriam-Webster’s Collegiate Dictionary (tenth edition), in the first entry for “affix”, gives as the second meaning, “to attach in any way” (the first meaning being “to attach physically”). Therefore, there is no clear distinction between affixing and attaching. The words “for supporting a plurality of products thereto” in claim 1 of the instant application are not given much weight, as being a statement of intended purpose, and in view of the language of claim 12 of the ‘293 patent, from which the elongate strip of that claim is suitable for supporting a plurality of products. Claim 1 of the instant application also recites, “the elongate strip including a plurality of linearly aligned hooks formed thereon”, in place of “the elongate strip having a plurality of hooks formed therealong and substantially in linear alignment” in claim 12 of the ‘293 patent, another distinction with little or no difference. Lastly, claim 1 of the instant application recites, “each hook for receiving thereon a product” in place of “each hook for receiving thereon a product package” in claim 12 of the ‘293 patent; this makes claim 1 of the instant application broader, in that a product may or may not involve a product package. Claim 1 of the instant application recites, “Wherein the digital display unit receives the information from a remote terminal”, which is not recited in claim 12 of the ‘293 patent, but is recited in claim 13 of the ‘293 patent.
Claim 2 of the instant application is directly parallel to claim 14 of the ‘293 patent. Claim 3 of the instant application is directly parallel to claim 15 of the ‘293 patent. Claim 7 of the instant application is largely parallel to claim 16 of the ‘263 patent, and becomes parallel when claim 7 is read in light of claim 6 of the instant application, from which claim 7 of the instant application depends. Specifically, claim 6 of the instant application recites that the elongate strip is vertically oriented, making “the vertically oriented strip” in claim 7 of the instant application equivalent to “the elongate strip” in claim 16 of the ‘263 patent. Claim 8 of the instant application is directly parallel to claim 17 of the ‘263 patent.
Table 3
Instant Application
U.S. Patent 11,227,293
1. A digital pricing display comprising:
a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith;
and an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen;
wherein the digital display unit receives the information from a remote terminal;
and an elongate strip affixed to the digital display unit and for supporting a plurality of products thereto, the elongate strip including a plurality of linearly aligned hooks formed thereon, each hook for receiving thereon a product corresponding to the information displayed by the digital display unit.
2. The digital pricing display according to claim 1 wherein the received information includes at least a product identification, a product price, and digital code corresponding to the product.
3. The digital pricing display according to claim 2 wherein the digital code is a bar code.
6. The digital pricing display according to claim 1 wherein the elongate strip is vertically oriented.
7. The digital pricing display according to claim 6 further including a suction cup at a distal end of the vertically oriented strip for securing to a portion of a display stand.
8. The digital pricing display according to claim 1 wherein substantially adjacent to each hook at least one tab extends from the elongate strip for stabilizing a product hanging from the hook.
12. A digital pricing display comprising:
a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith;
and an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen; and
an elongate strip attached to the digital display unit, the elongate strip having a plurality of hooks formed therealong and substantially in linear alignment, each hook for receiving thereon a product package corresponding to the information displayed by the digital display unit.
13. The digital pricing display according to claim 12 wherein the digital display unit receives the information from a remote terminal.
14. The digital pricing display according to claim 13 wherein the received information includes at least a product identification, a product price, and digital code corresponding to the product.
15. The digital pricing display according to claim 14 wherein the digital code is a bar code.
16. The digital pricing display according to claim 12 further including a suction cup at a distal end of the elongate strip for securing to a portion of a display stand.
17. The digital pricing display according to claim 12 wherein substantially adjacent to each hook at least one tab extends from the elongate strip for stabilizing a product hanging from the hook.
Claims 1, 9, 10, and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9, 10, 11, 12, and 13 of U.S. Patent No. 11,227,293. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application is essentially a broader version of claim 9 of the ‘293 patent, with limitations from claims 12 and 13 of the ‘293 patent combined into it.
Claim 1 of the instant application is similar to claim 9 of the ’293 patent, and broader in that it does not recite a fixture for attaching the digital display unit to a display stand, but narrower in that it recites that the digital display unit receives the information from a remote terminal. However, claim 12 of the ’293 patent recites that the digital display unit receives the information from a remote terminal, as may be seen in Table 4 below, where elements present in one claim but not a parallel claim of the other case are bolded, and elements from claims 12 and 13 of the ’293 patent which do correspond to claim 1 of the instant application, while absent from claim 9 of the ’293 patent, are also bolded. The “elongate strip” of claim 1 of the instant application is recited as “affixed to the digital display unit and for supporting a plurality of products thereto”, and therefore corresponds to the final element of claim 9 of the ’293 patent.
The “elongate strip” of claim 1 of the instant application corresponds to language of claim 12 of the ‘293 patent. It is noted that claim 1 of the instant application recites “an elongate strip affixed to the digital display unit and for supporting a plurality of products thereto” in place of “an elongate strip attached to the digital display unit”. This raises the issue of a possible distinction; however, Merriam-Webster’s Collegiate Dictionary (tenth edition), in the first entry for “affix”, gives as the second meaning, “to attach in any way” (the first meaning being “to attach physically”). Therefore, there is no clear distinction between affixing and attaching.
Claim 1 of the instant application also recites, “the elongate strip including a plurality of linearly aligned hooks formed thereon”, in place of “the elongate strip having a plurality of hooks formed therealong and substantially in linear alignment” in claim 12 of the ‘293 patent, another distinction with little or no difference. Lastly, claim 1 of the instant application recites, “each hook for receiving thereon a product” in place of “each hook for receiving thereon a product package” in claim 12 of the ‘293 patent; this makes claim 1 of the instant application broader, in that a product may or may not involve a product package.
Claim 9 of the instant application, which depends from claim 1, recites limitations corresponding to language of claim 9 of the ‘293 patent, with trivial differences in word choice (“comprising a peg hook” instead of “including a peg hook”, and “from the U-channel” instead of “from the inverted U-channel”, the U-channel having already been referred to as inverted). Claim 10 of the instant application, which depends from claim 9, recites limitations directly corresponding to those of claim 10 of the ‘293 patent. Claim 11 of the instant application, which depends from claim 9, recites limitations directly corresponding to those of claim 11 of the ‘293 patent (except for “extending from the U-channel” in place of “extending from the inverted U-channel”, the U-channel having already been referred to as inverted).
Table 4
Instant Application
Patent 11,227,293
1. A digital pricing display comprising:
a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith;
and an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen;
wherein the digital display unit receives the information from a remote terminal;
and an elongate strip affixed to the digital display unit and for supporting a plurality of products thereto, the elongate strip including a plurality of linearly aligned hooks formed thereon, each hook for receiving thereon a product corresponding to the information displayed by the digital display unit.
9. The digital pricing display according to claim 1 further including a fixture for attaching the digital display unit to a display stand, the fixture comprising a peg hook fixture including an inverted U-channel, an upper segment having one end affixed to the inverted U-channel and extending from the U-channel to the digital display unit.
10. The digital pricing display according to claim 1 wherein the digital display unit is rotatably affixed to the upper segment, the digital display unit being rotatable about a horizontal axis.
11. The digital pricing display according to claim 1 wherein the peg hook fixture includes an inverted U-channel, an upper segment having one end affixed to the inverted U-channel and extending from the U-channel to the digital display unit and further wherein the element for supporting a plurality of products thereto comprises a lower segment having one end affixed to the inverted U-channel below the upper segment and extending therefrom substantially parallel to the upper segment.
9. A digital pricing display comprising:
a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith;
and an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen;
a fixture for attaching the digital display unit to a display stand, comprising a peg hook fixture comprising an inverted U-channel, an upper segment having one end affixed to the inverted U-channel and extending from the inverted U-channel to the digital display unit; and
an element for supporting a plurality of products thereto.
10. The digital pricing display according to claim 9 wherein the digital display unit is rotatably affixed to the upper segment, the digital display unit being rotatable about a horizontal axis.
11. The digital pricing display according to claim 9 wherein the peg hook fixture includes an inverted U-channel, an upper segment having one end affixed to the inverted U-channel and extending from the inverted U-channel to the digital display unit and further wherein the element for supporting a plurality of products thereto comprises a lower segment having one end affixed to the inverted U-channel below the upper segment and extending therefrom substantially parallel to the upper segment.
12. A digital pricing display comprising:
a digital display unit having in interoperable communication:
a central processing unit;
a display screen;
a memory;
a communication module having an antenna associated therewith;
and an instruction set hosted on the memory and executable by the central processing unit, the instruction set operational to receive information for a product and to display the information on the display screen; and
an elongate strip attached to the digital display unit, the elongate strip having a plurality of hooks formed there along and substantially in linear alignment, each hook for receiving thereon a product package corresponding to the information displayed by the digital display unit.
13. The digital pricing display according to claim 12 wherein the digital display unit receives the information from a remote terminal.
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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Connolly et al. (U.S. Patent Application Publication 2014/0353368) in view of Kiplinger et al. (U.S. Patent 6,209,831) and Nesbitt et al. (U.S. Patent Application Publication 2013/0110585). As per claim 1, Connolly discloses a digital pricing display (aka Electronic Shelf Label, or ESL) a processor, a display, a memory, and a communication module (paragraph 14, emphasis added), “FIG. 1 is a block diagram of a multi-band reconfigurable electronic shelf label system used in accordance with some embodiments of the present invention. An electronic shelf label (ESL) 100 is powered by a power source, such as a battery 112, and includes a radio transceiver 114 under control of a processor 116 that includes a memory. The ESL may be affixed to display objects, such as shelves or racks, to provide information on a display 118, such as pricing, about the products that are positioned on the shelves or racks that are in proximity to the ESL. . . The display component can be an E-Paper display, Liquid Crystal Display, or other technology under control of the processor.” See also Abstract, Figures 1 and 3, and paragraphs 1 and 2. Connolly further discloses receiving information from a remote terminal (paragraph 16, emphasis added), “The ESL can communicate with one or more access points 106, 108, or RFID reader 104, using associated data links and communication protocols, in order to communicate with a system host server 110.” Connolly further discloses software instructions qualifying as an instruction set operational to perform functions (paragraph 32, emphasis added), “It will be appreciated that some embodiments may be comprised of one or more generic or specialized processors (or ‘processing devices’) such as microprocessors, digital signal processors, customized processors and field programmable gate arrays (FPGAs) and unique stored program instructions (including both software or firmware) that control the one or more processors to implement, in conjunction with certain non-processor circuits, some, most, or all of the functions of the method and/or apparatus described herein.” Note also in paragraph 33, emphasis added: “Moreover, an embodiment can be implemented as a computer-readable storage medium having computer readable code stored thereon for programming a computer (e.g., comprising a processor) to perform a method as described herein.” Connolly further discloses antenna matching, and therefore an antenna associated with the communication module (paragraph 20, emphasis added), “In general, the ESL processor is operable to reconfigure the ESL transceiver, and optionally antenna impedance matching, to operate on a particular frequency band in order to receive updated information on a data link associated with that particular frequency band to display on the electronic shelf label. The processor could tune the antenna according to the mode or frequency band in which it is operating, thereby allowing the re-use of a single antenna element.”
Connolly does not use the exact phrase “display screen”, and does not expressly disclose a central processing unit, but display screens and central processing units are well known, as taught, for example, by Nesbitt (paragraph 36, emphasis added), “At a high level, the three computers share features in common. That is to say, each of the computers has one or more central processing units (CPUs) 110, 210, 310; memory storage shown schematically as random access memory (RAM) 120, 220, 320 (though various types of memory could be provided); non-volatile storage shown schematically as a hard disk drive (HDD) 130, 230, 330 (though other types of non-volatile storage such as flash memory could be provided); a network interface 140, 240, 340; and an input/output (I/O) controller 150, 250, 350. The client computer is shown as being connected, via the I/O controller 150, to a display screen 160, a keyboard 170 and a user input device such as a mouse 180.” Hence, it would have been obvious to one of ordinary skill in the art of electronic or computer-assisted commerce on the date of inventor’s earliest priority for the digital pricing display to comprise a central processing unit, for the obvious advantage of enabling a computerized device to perform its functions; and for the digital pricing display to comprise a display screen, for at least the obvious advantage of facilitating the display of product information.
Connolly does not disclose an elongate strip affixed to the digital display unit, and for supporting a plurality of products thereto. However, Kiplinger teaches such an elongate strip (Abstract, emphasis added), “An elongated peg hook frame has a display end and an attachment end. The peg hook frame includes an elongated product support adapted at its front end to receive products for support and display thereof, and an elongated information display support having an attachment surface at its front end for receiving an electronic display tag.” See also Figure 1 of Kiplinger. Yet further, Kiplinger teaches (column 1, lines 38-44, emphasis added), “Accordingly, it would be desirable and advantageous to provide an electronic product information display system compatible with the mounting panel/peg hook type product display structure. Further, it would be desirable and advantageous to provide a product support and information display device adapted for attachment to a mounting panel and adapted for use with an electronic display tag.” Hence, an elongate strip affixed to the digital display unit, and for supporting a plurality of products thereto would have been obvious to one of ordinary skill in the art of electronic or computer-assisted commerce on the date of inventor’s earliest priority, for such obvious advantages as providing electronic, and therefore readily updatable, product information in close proximity to products displayed for purchase.
Kiplinger further teaches a plurality of hooks, each hook for receiving thereon a product, presumably corresponding to the electronic display tab information (column 3, lines 42-51, emphasis added), “A product and information display support 28 is provided in the form of an elongated peg hook frame 30 having a front end 32 and a rear end 34. The peg hook frame 30 includes an elongated product support 36 and an elongated information display support 38. The information display support 38 includes an attachment surface 40 at its front end for receiving an electronic display tag 42. The elongated product support 36 is adapted at its front end to receive products for the support and display thereof in a sequential manner along its length.” Kiplinger further teaches an arrangement of a plurality of hooks (column 3, lines 56-60, emphasis added), “The rear end of peg hook frame 30 includes two hook-type members, 46 each positioned within and through a respective opening 14 within the mounting panel 12, and likewise through the conductive member opening 26 aligned therewith.” As may be seen in Figure 1 of Kiplinger, the 26’s and 46’s are in linear alignment. Hence, it would have been obvious to one of ordinary skill in the art of electronic or computer-assisted commerce on the date of inventor’s earliest priority for the elongate strip to include a plurality of linearly aligned hooks formed thereon, each hook for receiving thereon a product corresponding to the information displayed by the digital display unit, for at least the obvious advantage of conveniently supporting products for sale, and making them readily available to customers.
As per claim 5, Kiplinger teaches an elongate strip being horizontally oriented (column 4, lines 3-12, emphasis added), “It is also recognized that the product support 36, the information display support 38, and the other portions of the peg hook frame 30 could take on other shapes aside from the tubular shapes shown, such as elongated rectangular members or elongated plate-like structures. Further, while the product support 36 and information display support 38 are shown extending generally horizontal from the mounting panel 12, it is recognized and contemplated that such supports could extend at some predetermined angle, either upward or downward as desired.” Hence, it would have been obvious to one of ordinary skill in the art of electronic or computer-assisted commerce on the date of inventor’s earliest priority for the elongate strip to be horizontally oriented, as one obvious way to make the products supported by the elongate strip readily accessible to shoppers.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Connolly, Kiplinger, and Nesbitt as applied to claim 1 above, and further in view of Gelbman (U.S. Patent Application Publication 2002/0167500). As per claim 2, Connolly discloses an ESL displaying product price information (paragraph 14, emphasis added), “The ESL may be affixed to display objects, such as shelves or racks, to provide information on a display 118, such as pricing, about the products that are positioned on the shelves or racks in proximity to the ESL.” Gelbman teaches updatable product information which is displayed by a digital electronic label, including product identification, a product price, and a corresponding digital code (bar code) (paragraph 42, emphasis added), “The digital electronic label includes a pixel addressable alterable display media that can be updated or altered via wireless transmission or using an electronic writer. The digital electronic label displays bar codes, icons, images, photos, product descriptions, prices, customer specific messages or any desired information.” Gelbman further teaches transmission of information to a receiving electronic shelf label (paragraph 94, emphasis added), “A retailer can selectively change electronic labels displaying prices in one or more stores from a central location 540 over a network connection (Intranet or Internet) or manually via a wireless transmission from a hand held device. All of the information transmitted to the electronic shelf label 16 will be stored, and all or a subset of the information, including the name of the product, the price, the size, and even a bar code can be displayed on the electronic label will receive price and product information from the same central source that is connected to the scanner at the check out.” Hence, it would have been obvious to one of ordinary skill in the art of electronic or computer-assisted commerce on the date of inventor’s earliest priority for the received information to include at least a product identification, a product price, and a digital code corresponding to the product, for at least the obvious advantage of presenting potential customers with useful information about products of potential interest to them.
As per claim 3, Gelbman teaches bar codes (paragraphs 42 and 94, quoted above with regard to claim 2). Hence, it would have been obvious to one of ordinary skill in the art of electronic or computer-assisted commerce on the date of inventor’s earliest priority for the digital code to be a bar code, for such obvious advantages as enabling a customer to obtain further product information and/or make a purchase by scanning a bar code.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Connolly, Kiplinger, and Nesbitt as applied to claim 1 above, and further in view of Tan (U.S. Patent Application Publication 2006/0237604). Connolly does not disclose a suction cup affixed to a rear surface of the digital display unit for affixing the digital pricing display to a display stand, but Tan teaches the use of a suction cup (“suction cup means”) for attaching a display unit to a surface of a supporting structure (paragraph 20, emphasis added), “FIG. 1 shows a flat panel display unit 1 having a display screen 3 on a front side 5 and a rear panel 7 having an outer surface 9 on an opposite rear side 11, the display unit being provided with attachment means for the removable attachment of the rear panel 7 of the display unit 1 to a surface 13 of a supporting structure (not shown) such as a room wall, a car dashboard, a refrigerator cabinet, a piece of furniture, etc. The attachment means comprise integrated attachment units 15 comprising a variety of means from an attachment means set comprising at least the elements: adhesive means, suction cup means, hook-and-loop fastening means, hook means, permanent magnet means. Each integrated attachment unit 15 comprises a plurality of attachment means constituting a subset of the above indicated attachment means and is permanently secured to the outer surface 9 of the rear panel 7 by suitable means such as gluing, screws, rivets, etc.” Hence, it would have been obvious to one of ordinary skill in the art of electronic or computer-assisted commerce on the date of inventor’s earliest priority to have a suction cup affixed to a rear surface of the digital display unit for affixing the digital pricing display to a display stand, for at least the obvious advantage of accomplishing such attachment (aka affixing), and further enabling the affixing to be undone when rearrangement is desired, and without permanent damage.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Connolly, Kiplinger, and Nesbitt as applied to claim 1 above, and further in view of Valiulis (U.S. Patent 5,339,967). Connolly, Kiplinger, and Nesbitt do not disclose that the elongate strip is vertically oriented, but Valiulis teaches a vertically oriented elongate strip for supporting items (column 2, lines 21-34, emphasis added), “The strip includes an elongated item-supporting portion 19 and a significantly shorter mounting portion 20 subdivided by a transversely extending score line 21 which permits the mounting portion to be folded at right angles to the item-supporting portion so that the mounting portion may be placed against the upper surface 14 of the shelf 12 with the item-supporting portion suspended vertically in front of the front edge 13 of the shelf. The item-supporting portion 19 is formed with a series of vertically spaced slits each in the form of an elongated W and each defining a central upwardly extending product suspension hook 23 and a pair of outer stabilizing fingers 24.” See also Figures 1 and 2. Hence, it would have been obvious to one of ordinary skill in the art of electronic or computer-assisted commerce on the date of inventor’s earliest priority to have a vertically oriented elongate strip for supporting items, for such obvious advantages as making items for sale readily accessible to customers while saving on shelf space.
Allowable Subject Matter
Claim 7 is rejected for double patenting, and objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and upon filing of a valid Terminal Disclaimer.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Connolly et al. (U.S. Patent Application Publication 2014/0353368), discloses limitations of claim 1, with other limitations of claim 1 taught by Kiplinger et al. (U.S. Patent 6,209,831) and Nesbitt et al. (U.S. Patent Application Publication 2013/0110585), as set forth above. The vertically oriented elongate strip of claim 6 is obvious in view of Valiulis (U.S. Patent 5,339,967), as set forth above. However, neither Connolly nor Valiulis teaches a suction cup at a distal end of the vertically oriented elongate strip for securing the portion to a display stand. Suction cups are well-known, as taught by Tan (U.S. Patent Application Publication 2006/0237604) (applied to claim 4 above). However, Tan does not the specific use of a suction cup recited in claim 7, and the mere prior existence of mechanical components does not provide sufficient teaching or motivation to combine them so as to make every possible device or article obvious. In this case, there is insufficient teaching or motivation to combine Tan with Connolly and three other references to arrive at the specifics of claim 7.
Claim 8 is rejected for double patenting, and objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and upon filing of a valid Terminal Disclaimer.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Connolly et al. (U.S. Patent Application Publication 2014/0353368), discloses limitations of claim 1, with other limitations of claim 1 taught by Kiplinger et al. (U.S. Patent 6,209,831) and Nesbitt et al. (U.S. Patent Application Publication 2013/0110585), as set forth above. However, neither Connolly nor any other prior art of record discloses, teaches, or reasonably suggests that substantially adjacent to each hook at least one tab extends from the elongate strip for stabilizing product hanging from the hook.
Claims 9, 10, and 11 are rejected for double patenting, and objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and upon filing of a valid Terminal Disclaimer.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Connolly et al. (U.S. Patent Application Publication 2014/0353368), discloses limitations of claim 1, with other limitations of claim 1 taught by Kiplinger et al. (U.S. Patent 6,209,831) and Nesbitt et al. (U.S. Patent Application Publication 2013/0110585), as set forth above. Connolly further discloses that the digital pricing display (ESL) can be affixed to display objects, such as shelves or racks, which implies a fixture (paragraph 14, emphasis added), “The ESL may be affixed to display objects, such as shelves and racks, to provide information on a display 118, such as pricing, about the products that are positioned on the shelves or racks in proximity to the ESL.” Connolly does not disclose that the digital pricing display is attached to a display stand, but Lee et al. (U.S. Patent Application Publication 2010/0108764) teaches electronic shelf labels being attached to display stands (paragraph 27, emphasis added), “The electronic shelf label part 30 includes the plurality of electronic shelf labels that display product information and are attached to display stands in a store.” However, neither Connolly, nor Lee, nor any other prior art of record discloses that the fixture for attaching the digital pricing display to a display stand comprises a peg hook fixture including an inverted U-channel, an upper segment having one end affixed to the inverted U-channel and extending from the U-channel to the digital display unit. Peg hooks as such are known, as taught, for example, by Norolof et al. (U.S. Patent 6,279,256) (see the paragraph on column 2, lines 12-27, beginning, “FIGS. 1a) and b) show a peghook display 1”). Inverted channels, or U-shaped channels, are known, and taught, for example, by Kemeny (U.S. Patent 4,722,146) (e.g., beginning on column 7, line 26, “Referring to the U-shaped channel members”). However, no prior art of record discloses, teaches, or reasonably suggests the limitations of claims 9-11 as a whole, or even the limitations of claim 9 as a whole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kemeny (U.S. Patent 4,722,146) discloses a portable panel apparatus. Norolof et al. (U.S. Patent 6,279,256) disclose a label holder. Johnson (U.S. Patent 6,624,757) discloses a shelf pricing display apparatus. Martin et al. (U.S. Patent 7,311,212) disclose a digital price display. Beilenhoff et al. (U.S. Patent 7,530,188) disclose an adaptor for attaching an electronic shelf label to a blister hook. Barkdoll (U.S. Patent 7,712,6160 discloses double sided peg hook strips. Lee et al. (U.S. Patent 8,104,684) disclose a bar code made of electronic paper. Choi et al. (U.S. Patent 8,698,606) disclose a digital price displayer and ESL system. Morieras (U.S. Patent 9,107,514) discloses a jewelry stand.
Martin et al. (U.S. Patent Application Publication 2005/0067362) disclose a display system. Beilenhoff et al. (U.S. Patent Application Publication 2007/0224879) disclose an adaptor for attaching an electronic shelf label to a blister hook. Barkdoll (U.S. Patent Application Publication 2007/0278163) discloses double sided peg hook strips. Lee et al. (U.S. Patent Application Publication 2010/0108764) disclose a bar code made of electronic paper. Choi et al. (U.S. Patent Application Publication 2011/0102155) disclose a digital price displayer and ESL system. High (U.S. Patent Application Publication 2014/0257946) disclose a digital price, space management, and advertising display. Katakwar et al. (U.S. Patent Application Publication 2015/0134429) disclose wireless identifier device enabled interactive consumer experience. Kim (U.S. Patent Application Publication 2017/0169799) disclose a display-integrated information display system.
Lee et al. (GB 2464353 A) discloses a price display apparatus. Geck (DE 20 2012 100 644 U1) discloses a goods carrier unit for use in a large marketplace, that has an adaptor plate outwardly pointed to surfaces of two latching elements that are provided for engagement in undercut projections of an electronic price display unit.
The Merriam-Webster Collegiate Dictionary, Tenth Edition, discloses, on page 20, definitions of “affix”. The anonymous article, “PEAK Technologies Providers Turnkey Oracle WMS/Auto ID Solution, Save Company an Estimated $4 Million,” discloses Ergotron as a leading manufacturer of mounting solutions for digital displays.
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/NICHOLAS D ROSEN/ Primary Examiner, Art Unit 3689 March 7, 2026