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 .
Response to Amendment
Applicant’s amendment filed on 5/8/2026 has been entered. Claim 1, 14, 26-28 are amended. Claims 9-10, 16 are withdrawn. Claims 33-35 are newly added. Claims 1-8, 11-15, 17-35 are pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1-3, 5-8, 11-15, 18-20, 22-30, 33, 34 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon et al. (US Pub 2018/0350218).
Regarding claims 1, 2, 8, 11, 25, 26, 27, 28, Jeon discloses a system for controlling and communicating with a plurality of radio frequency identification (RFID) tags, wherein each RFID tag has an associated RFID tag identifier and is controllably switchable between a readable session state and an unreadable session state (read state A, and shorter non-read state B consistent with the Electronic Product Code (EPC) Generation 2 protocol, Para. 24, 18), the system comprising:
a session control broadcaster that (1) generates session control messages for the RFID tags (via triggering a first RFID reader of a one or more readers 108 (Fig. 1) to direct at least the tag of interest to transition to the RFID tag to a state in which the RFID tag communicates the RFID tag information more frequently; see Para. 44, 25) and (2) wirelessly communicates the session control messages for reception by one or more of the RFID tags, wherein the session control messages are targeted to select RFID tags based on RFID tag identifier information for the select RFID tags (via causing one or more readers to trigger the tag in different read states; see Para. 12, 24) and wherein the session control messages are operable to control whether the select RFID tags that receive the session control messages are in the readable state or the unreadable session state (a tag can be directed to adjust to a shorter duration between read states (e.g., read state A, and shorter non-read state B consistent with the Electronic Product Code (EPC) Generation 2 protocol), Para. 24); and
an RFID reader that (1) generates read request messages and (2) wirelessly communicates the read request messages for reception by one or more of the RFID tags that are in the readable session state (via a second RFID reader 108 (Fig. 1) of the one or more readers generating read request message and communicating the read request message to the tags in a readable state; see Para. 12, 24);
and wherein the session control broadcaster is separate and different from the RFID reader (via the first and the second RFID readers of the one or more readers, Para. 24 and 25).
Regarding claim 3, Jeon discloses that the session control broadcaster and the RFID reader are capable of operating concurrently with each other (Jeon discloses that the facility evaluation system receives in real-time the RFID tag read information corresponding to different RFID tags from one or more of the RFID readers, hence readers are operating concurrently. Further in the system of Jeon, RFID readers 108 are interpreted as session control broadcasters and RFID readers, since the RFID readers 108 perform the function of session control broadcaster as claimed, Para. 24, 25).
Regarding claim 5, Jeon discloses wherein the RFID tags include a previously hidden tag that is detected by the RFID reader when the previously hidden tag is in a hot spot of the RFID reader, and wherein the session control broadcaster generates one or more session control messages targeted to the previously hidden tag to cause the previously hidden tag to be in the readable state (via RFID readers 108, the facility evaluation system 102, the inventory system 124 or other system detecting the reading of the RFID tag associated with the disposable razor and further identify that this RFID tag has not been read for more than a threshold period of time, hence hidden. In response to the detection after the threshold period of time one or more RFID readers 108 can be directed to cause the RFID tag to transition to the more frequent response state; see Para. 25).
Regarding claim 6, Jeon discloses wherein the RFID tags include a previously hidden tag that is detected by the RFID reader when the previously hidden tag is in a hot spot of the RFID reader, and wherein the session control broadcaster generates one or more session control messages targeted to one or more RFID tags that are related to the previously hidden tag to cause the one or more related RFID tags to be in the readable state (the facility evaluation system 102 may direct one or more RFID readers 108 to activate one or more RFID tags to respond more frequently based on the one or more RFID tags being detected after a threshold period of time has elapsed where that RFID tag had not being detected, Para. 25).
Regarding claim 7, Jeon discloses wherein the RFID tags include a previously hidden tag that is detected by the RFID reader when the previously hidden tag is in a hot spot of the RFID reader, and wherein the session control broadcaster generates one or more session control messages targeted to (1) the previously hidden tag and (2) one or more RFID tags that are related to the previously hidden tag to cause the previously hidden tag and the one or more related RFID tags to be in the readable state (Para. 25).
Regarding claim 12, Jeon discloses that the RFID reader (1) receives responses from the RFID tags which receive the read request messages while in the readable session state and (2) communicates data representative of the received responses to a control system (via reader 108 receiving response from the tags and communicating data representative of the received response to facility evaluation system; see Para. 19).
Regarding claim 13, Jeon discloses that the control system updates a database based on the communicated data representative of the received responses (via updating database 114-115; see Para. 14).
Regarding claim 14, Jeon discloses the session control broadcaster and the RFID reader are located in different housings (via the first and the second RFID readers of the one or more readers, Para. 24 and 25).
Regarding claim 15, Jeon discloses wherein the session control broadcaster and the RFID reader are located in a common housing (via one or more RFID readers including a single reader to change read state and read the RFID tags, Para. 24-25).
Regarding claim 18, Jeon discloses wherein the RFID reader is a mobile device (via portable RFID readers, Para. 17).
Regarding claim 19, Jeon discloses the RFID reader is located in a fixed position (via mounted in the ceiling, Para. 17).
Regarding claim 20, Jeon discloses wherein the RFID tag identifier information comprises at least one partial RFID tag identifier (via RFID tag identifier information, Para. 14).
Regarding claim 22, Jeon discloses the RFID tag identifier information comprises at least one full RFID tag identifier (via RFID tag identifier information, Para. 14).
Regarding claim 23, Jeon discloses wherein the session control messages comprise select commands to targeted RFID tag identifiers that command the RFID tags corresponding to the RFID tag identifier information to exhibit a readable state (cause one or more RFID readers to trigger an RFID tag to transition to a first state that causes the RFID tag to emit RFID tag information more frequently than in a typical state so that the one or more RFID readers continue to receive the RFID tag read information of the RFID tag at more frequent intervals, Para. 24-25).
Regarding claim 24, Jeon discloses wherein the read request messages comprise query commands for inventory rounds (Para. 25).
Regarding claim 29, Jeon discloses wherein the RFID reader also reads responses to the read request messages from RFID tags that receive the read request messages while in the readable session state, (2) determines RFID tag identifiers based on the read responses, and (3) communicates the determined RFID tag identifiers to the control system, and wherein the control system updates a database with data indicating presences of the RFID tags corresponding to the determined RFID tag identifiers (use of RFID tags to detect movement patterns provides enhanced tracking capabilities and precise identification of the consumer, Para. 12-14, 17).
Regarding claim 30, Jeon discloses wherein the session control broadcaster and the RFID reader have an overlapping zone of coverage so that the system is configured to concurrently (1) manage readability for a plurality of RFID tags within a population of RFID tags that are located within the overlapping zone of coverage using the session control messages and (2) read a plurality of RFID tags within the population of RFID tags that are located within the overlapping zone of coverage using the read request messages (Para. 12, 24).
Regarding claim 33, Jeon discloses the session control broadcaster has a first coverage zone, wherein the RFID reader has a second coverage zone, and wherein the first and the second coverage zones are the same (via RFID readers to provide one or more desired overlapping read patterns, over one or more areas of the shopping facility, Para. 17).
Regarding claim 34, Jeon discloses the session control broadcaster offloads session control tasks for the RFID tags from the RFID reader (via the first reader of the readers as the session control broadcaster and the second reader of the readers to read RFID tag information, Para. 24 and 25).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 17 rejected under 35 U.S.C. 103 as being unpatentable over Jeon, and further in view of Wilkinson (US 20130027191 A1).
Regarding claim 4, Jeon fails to specifically disclose wherein the RFID reader and session control broadcaster perform their recited operations in Session 2 or Session 3.
Wilkinson discloses EPC GEN2 standard defines and will accommodate any of a variety of sessions for a given RFID tag (these being denoted as session 0, session 1, session 2, and so forth, Para. 28).
From the teachings of Wilkinson, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Jeon to include wherein the RFID reader and session control broadcaster perform their recited operations in Session 2 or Session 3 as the read-state settings can be specific to a particular session type if desired.
Regarding claim 17, Jeon fails to specifically disclose wherein the readable session state comprises an A state according to an Electronic Product Code (EPC) RFID protocol, and wherein the unreadable session state comprises a B state according to the EPC RFID protocol.
Wilkinson teaches readable session state comprises an A state according to an Electronic Product Code (EPC) RFID protocol, and wherein the unreadable session state comprises a B state according to the EPC RFID protocol (Para. 3-4).
From the teachings of Wilkinson, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Jeon to include wherein the readable session state comprises an A state according to an Electronic Product Code (EPC) RFID protocol, and wherein the unreadable session state comprises a B state according to the EPC RFID protocol in order to use the widely accepted EPC RFID protocol, thereby improve ease of implementing the system.
Claim 21 rejected under 35 U.S.C. 103 as being unpatentable over Jeon, and further in view of O’Hagan (US 20240169820 A1).
Regarding claim 21, Jeon fails to disclose wherein the partial RFID tag identifier comprises a SKU.
O’Hagan teaches a system to read RFID tags, wherein the tag identifiers include an SKU to determine product placement (Para. 64).
From the teachings of O’Hagan, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jeon to include wherein the partial RFID tag identifier comprises a SKU in order to allow tracking of products based on the SKU information read from the tag.
Claims 31, 32, rejected under 35 U.S.C. 103 as being unpatentable over Jeon, and further in view of Lauria (US 20170053505).
Regarding claim 31, Jeon discloses wherein the one or more session control messages targeted to (1) the previously hidden tag and (2) the one or more RFID tags that are related to the previously hidden tag (the facility evaluation system 102 may direct one or more RFID readers 108 to activate one or more RFID tags to respond more frequently based on the one or more RFID tags being detected after a threshold period of time has elapsed where that RFID tag had not being detected, Para. 25).
Jeon fails to specifically disclose a multicast session control message that uses a mask to target a group of RFID tags, wherein the group of RFID tags includes the previously hidden tag and a plurality of RFID tags that are related to the previously hidden tag.
Lauria teaches a RFID reader system including a reader to transmit RF signals transmitted for reception by select RFID tags include an RF signal that encodes a multicast session control message for reception by the group of select RFID tags using a mask (Targeting of the high-priority tags is performed by transmitting UPC masks during a select process. Less time is spent reading the low-priority tags, thereby enhancing the efficiency and speed of the reading performance of the system, Para. 25).
From the teachings of Lauria, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Jeon to include a multicast session control message that uses a mask to target a group of RFID tags, wherein the group of RFID tags includes the previously hidden tag and a plurality of RFID tags that are related to the previously hidden tag in order to quickly and efficiently read a particular group of tags.
Regarding claim 32, Lauria teaches wherein the mask is based on a UPC that is shared by the previously hidden tag and the plurality of RFID tags that are related to the previously hidden tag (see rejection of claim 31 above).
Claim 35 rejected under 35 U.S.C. 103 as being unpatentable over Jeon, and further in view of McCollough (US 20090218891 A1).
Regarding claim 35, Jeon fails to disclose the session control broadcaster is not configured to generate or wirelessly communicate read request messages for reading the RFID tags.
McCollough teaches an RFID device can be configured as a dedicated broadcaster that is not configured to generate or wirelessly communicate read request messages for reading RFID tags (via dedicated transmitter to transmit to one or more RFID devices, Para. 14).
From the teachings of McCollough, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jeon to include the session control broadcaster is not configured to generate or wirelessly communicate read request messages for reading the RFID tags in order to use a dedicated device as the session control broadcaster, thereby improve reliability of signal broadcasting.
Response to Arguments
Applicant's arguments filed 5/8/2026 have been fully considered. In view of the changes to the claimed invention due to the amended claims, the examiner has cited teachings of Jeon as shown in the rejections above to explain how Jeon teaches the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONG HANG JIANG whose telephone number is (571)270-3024. The examiner can normally be reached Monday - Friday 9:30-6 EST.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at (571)272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/apply/patent-center for more information about Patent Center and 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.
/YONG HANG JIANG/Primary Examiner, Art Unit 2689
Prosecution Insights