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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 19, 2026 has been entered.
Status of Claims
Claims 1 and 13 are amended. Claims 1-24 filed August 19, 2026 are pending and are hereby examined.
Claim Rejections - 35 USC § 101
4. 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.
5. Claims 1-24 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
6. Step 1 Statutory Category: Claims 1-12 are directed to a system, and claims 13-24 are directed to a method, all of which are statutory. Claims 1-24 are statutory classes of invention.
7. Step 2A – Prong 1: Judicial Exception Recited: Nevertheless, independent claims 1 and 13 recites an abstract idea of recognizing items during self-checkout.
The independent claims 1 and 13 recite the following limitations which fall under commercial or legal interactions:
…;
…;
… configured to capture image datasets associated with one or more areas of interest;
…;
detect… a motion within an area of interest of the one or more areas of interest;
obtain… a first image dataset of the area of interest captured prior to the detected motion;
obtain… a second image dataset of the area of interest captured after the detected motion;
compare the first image dataset and the second image dataset to identify a group of pixels associated with the detected motion, wherein the group of pixels is identified based on the group of pixels having different corresponding pixel values in the first image dataset and the second image dataset, segment the group of pixels to generate a segmented image dataset, and analyze only the segmented image dataset to identify an object added to or removed from the area of interest;
and perform, based on the group of pixels identified, one or more action;
wherein… are configured to capture a sequence of image datasets over a duration of time and store the sequence of image datasets together with time data including a respective time of capture of each image dataset of the sequence, and wherein the first and second image datasets are obtained responsive to the detected motion from the stored sequence of image datasets based on a time of the detected motion.
8. According to the MPEP, "Commercial interactions" or "legal interactions" include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Clearly, recognizing items during self-checkout falls under sales activities, therefore commercial or legal interactions. If the claim limitations, under the broadest reasonable interpretation, covers performance of the limitations as a commercial or legal interaction, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
9. Step 2A – Prong 2: Practical Application: This judicial exception is not integrated into a practical application because the claim as a whole merely recites recognizing items during self-checkout with generally recited computer elements such as one or more processors, one or more sensors, one or more image acquisition assemblies, and one or more memories, which in these steps are recited at a high-level of generality such that it amounts to more than mere instructions to apply the exception using a generic computer component, and are merely invoked as tools for re-order and buying management system for recognizing items during self-checkout. Accordingly, these elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Simply implementing the abstract idea on a generic computing environment is not a practical application of the abstract idea, and does not take the claim out of the Commercial or Legal Interactions subgrouping of Certain Methods of Organizing Human Activity grouping. The claims are directed to an abstract idea.
10. Step 2B – Inventive Concept: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered individually and as an ordered combination, they do not add significantly more (also known as “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of one or more processors, one or more sensors, one or more image acquisition assemblies, and one or more memories to perform these steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Accordingly, these additional elements, do not change the outcome of the analysis, when considered individually and as an ordered combination as there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application. The claims are not patent eligible.
11. Regarding dependent claims 2 and 14, although these claims recite generally recited one or more memories, one or more processors, and a barcode reader, these claims merely narrow the abstract idea of recognizing items during self-checkout, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
12. Regarding dependent claims 3, 6-8, 10, 15, 18-20, and 22, these claims merely narrow the abstract idea of recognizing items during self-checkout, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
13. Regarding dependent claims 4 and 16, although these claims recite a generally recited barcode reader, these claims merely narrow the abstract idea of recognizing items during self-checkout, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
14. Regarding dependent claims 5 and 17, although these claims recite a generally recited artificial neural network and barcode reader, these claims merely narrow the abstract idea of recognizing items during self-checkout, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
15. Regarding dependent claims 9 and 21, although these claims recite generally recited one or more processors, these claims merely narrow the abstract idea of recognizing items during self-checkout, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
16. Regarding dependent claims 11-12 and 22-23, although these claims recite a generally recited image acquisition assembly and self-checkout station, these claims merely narrow the abstract idea of recognizing items during self-checkout, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
17. Therefore, the limitations of the claims, when viewed individually and in ordered combination, are directed to ineligible subject matter.
Examiner Notes
18. The Examiner suggests clarifying the detection motion of what exactly, and what actions are to be taken. The Examiner suggests incorporating the hardware elements of claim 1 into claim 13. The Examiner suggests incorporating the artificial neural network and how it uniquely trained and re-trained. The Examiner suggests incorporating dependent claims 5 (dependent on 4 which is dependent on 2), and 12 together into the independent claims. Finally, the Examiner suggests incorporating more hardware from the Specification and any unique arrangements of hardware, unique hardware, or unique ways the hardware is communicating. The aforementioned claim suggestions, in combination together, is suggested to help advance prosecution forward, although further search, examination, and consideration is required.
19. Claims 1-20 are novel and unobvious over the prior art, however there remains a pending 35 U.S.C. 101 rejection. After further search and consideration, the most pertinent U.S. prior art was found to be Krishnamurthy et al (US 2024/0029275) and Barkan et al (US 2021/0374699). Krishnamurthy et al (US 2024/0029275) is directed to identifying unmoved items on a platform during item identification. Barkan et al (US 2021/0374699) is directed to a self-checkout kiosk. Bobbit et al (Visual item verification for fraud prevention in retail self-checkout, NPL) is found to be the most pertinent NPL prior art, and is directed to visual item verification for fraud prevention in retail self-checkout.
20. However, both the most pertinent U.S. prior art and the most pertinent NPL prior art do not disclose the limitations of:
… wherein the group of pixels is identified based on the group of pixels having different corresponding pixel values in the first image dataset and the second image dataset, segment the group of pixels to generate a segmented image dataset, and analyze only the segmented image dataset to identify an object added to or removed from the area of interest;
wherein the one or more image acquisition assemblies are configured to capture a sequence of image datasets over a duration of time and store the sequence of image datasets together with time data including a respective time of capture of each image dataset of the sequence, and wherein the first and second image datasets are obtained responsive to the detected motion from the stored sequence of image datasets based on a time of the detected motion.
21. No prior art cited here or in any previous Office Action neither fully anticipates nor supports a conclusion of obviousness with respect to the subject matter present in the independent claims, either alone or in combination. The limitations lacking in the prior art, in combination with the other limitations clearly claimed in the application, are novel and unobvious.
Response to Arguments
22. Applicant's arguments filed 8/19/26 have been fully considered and are not found to be convincing, therefore the 35 U.S.C. 101 rejection is hereby maintained, however the arguments regarding the 35 U.S.C. 102/103 rejections are convincing, therefore the 35 U.S.C. 102 and 103 rejections are hereby withdrawn.
a) Argument #1: Claims do not recite a judicial exception because it is not directed to “certain methods of organizing human activity” and therefore not an abstract idea
23. With regards to the 35 U.S.C. 101 rejection, the Examiner respectfully disagrees. First, the applicant argues that the claims are not directed to an abstract idea. The Examiner respectfully disagrees as the claims are related to recognizing items during self-checkout, which would fall under certain methods of organizing human activity of commercial or legal interactions. According to MPEP 2106.04(a)(2), "commercial interactions" or "legal interactions" include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Recognizing items during self-checkout is a form of marketing or sales activity or behavior, and is therefore an abstract idea.
b) Argument #2: Applicant argues that the abstract idea is integrated into a practical application under Step 2A, Prong 2 (improvement to technology)
24. The Examiner respectfully disagrees. In regards to improving the functioning of the computer/technology/technical field, the claims recite the additional elements of one or more processors, one or more sensors, one or more image acquisition assemblies, and one or more memories and they are recited at a high level of generality, and therefore are merely using computer processing components for recognizing items during self-checkout. After further review of the Specification, there is no disclosure of technical enhancements to any of the computing components, as in multiple instances of the Specification it discloses generally recited elements. Interpreting the claims in view of the Specification, the claims recite the judicial exception are mere instructions to apply the exception of recognizing items during self-checkout (see MPEP 2106.05(f)). The elements recited above do not recite and are not directed to any elements or functions that improve underlying technology.
25. According to MPEP 2106.05(a), it states: “It is important to note that in order for a method claim to improve computer functionality, the broadest reasonable interpretation of the claim must be limited to computer implementation. That is, a claim whose entire scope can be performed mentally, cannot be said to improve computer technology. Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 120 USPQ2d 1473 (Fed. Cir. 2016) (a method of translating a logic circuit into a hardware component description of a logic circuit was found to be ineligible because the method did not employ a computer and a skilled artisan could perform all the steps mentally). Similarly, a claimed process covering embodiments that can be performed on a computer, as well as embodiments that can be practiced verbally or with a telephone, cannot improve computer technology. See RecogniCorp, LLC v. Nintendo Co., 855 F.3d 1322, 1328, 122 USPQ2d 1377, 1381 (Fed. Cir. 2017) (process for encoding/decoding facial data using image codes assigned to particular facial features held ineligible because the process did not require a computer).”
26. Furthermore, in determining whether a claim integrates a judicial exception into a practical application, a determination is made of whether the claimed invention pertains to an improvement in the functioning of the computer itself or any other technology or technical field (i.e., a technological solution to a technological problem). Here, the claims recite generic computer components, the additional elements of one or more processors, one or more sensors, one or more image acquisition assemblies, and one or more memories, i.e., that are recited at a high level of generality and are recited as performing generic computer functions customarily used in computer applications. The pending claims do not describe a technical solution to a technical problem. The pending claims are directed to solving the problem of recognizing items during self-checkout. The claims of the instant application describe an improvement to a business process i.e., recognizing items during self-checkout, not improvement in the functioning of the computer itself or an improvement to any other technology or technological field. Therefore, the claims do not integrate into a practical application either by improvement to a computer/technology/technical field.
27. The claims are not directed to any improvement in computer technology. The claims are directed to an abstract idea of two-factor authentication using proximity. The applicant must take into consideration that in order to view the claims as supplying an inventive concept the technological improvement must be present within the claims themselves (Accenture Global Servs., GmbH v. Guidewire Software, inc., 108 USPQ2d 1173 (Fed. Cir. 2013)), (Synopsys, inc. v. Mentor Graphics Corp... 120 USPQ2d 1473 (Fed. Cir. 2016). Additionally, the Specification does not provide any evidence that how the claims provide an improvement to functioning of computing systems or technology. The applicant failed to provide persuasive arguments supported by any necessary evidence to demonstrate that one of ordinary skill in the art would understand that the disclosed invention improves technology.
c) Argument #3: Applicant argues that the claim elements are significantly more than the abstract idea under Step 2B
28. Having determined under step one of the Mayo/Alice framework that claims 1 and 13 are directed to an abstract idea, we next consider under Step 2B of the Guidance, the second step of the Mayo/Alice framework, whether the claims include additional elements or a combination of elements that provides an “inventive concept,” i.e., whether an additional element or combination of elements adds specific limitations beyond the judicial exception that are not “well-understood, routine, conventional activity” in the field (which is indicative that an inventive concept is present) or simply appends well-understood, routine, conventional activities previously known to the industry to the judicial exception. 2019 Revised Guidance, 84 Fed. Reg. at 56.
29. Under step two of the Mayo/Alice framework, the elements of each claim are considered both individually and “as an ordered combination” to determine whether the additional elements, i.e., the elements other than the abstract idea itself, “transform the nature of the claim” into a patent-eligible application. Alice Corp., 573 U.S. at 217 (citation omitted); see Mayo, 566 U.S. at 72-73 (requiring that “a process that focuses upon the use of a natural law also contain other elements or a combination of elements, sometimes referred to as an ‘inventive concept,’ sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the natural law itself’ (emphasis added) (citation omitted)).
30. Here the only additional elements recited in claims 1 and 13 beyond the abstract idea are: the additional elements of one or more processors, one or more sensors, one or more image acquisition assemblies, and one or more memories, i.e., generic computer components. See Alice, 573 U.S. at 223 (“[T]he mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.”). Applicant has not identified any additional elements recited in the claim that, individually or in combination, provides significantly more than the abstract idea.
31. Accordingly, there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. The dependent claims do not resolve the deficiency of the independent claims and accordingly stand rejected under 35 U.S.C. 101 based on the same rationale.
Conclusion
32. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Bobbit et al (Visual item verification for fraud prevention in retail self-checkout, NPL) is found to be the most pertinent NPL prior art.
33. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAWAAD HAIDER whose telephone number is (571)272-7178. The examiner can normally be reached Mon-Fri 8 AM to 5 PM.
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35. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached on 571-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAWAAD HAIDER/Primary Examiner, Art Unit 3627
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