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 .
Drawings
The drawings as submitted by Applicant on 07/09/2024 has been accepted.
Claim Rejections - 35 USC § 101
5. 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.
6. Claims 1–20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In sum, claims 1–20 are rejected under 35 U.S.C. §101 because the claimed invention is directed to a judicial exception to patentability (i.e., a law of nature, a natural phenomenon, or an abstract idea) and do not include an inventive concept that is something “significantly more” than the judicial exception under the MPEP 2106 patentable subject matter eligibility guidance analysis which follows.
Under the MPEP 2106 step 1 analysis, it must first be determined whether the claims are directed to one of the four statutory categories of invention (i.e., process, machine, manufacture, or composition of matter). Applying step 1 of the analysis for patentable subject matter to the claims, it is determined that the claims are directed to the statutory category of a system (claims 1–10), (See, e.g., MPEP §2106.03). Therefore, we proceed to step 2A, Prong 1.
Under the MPEP 2106 step 2A, Prong 1 analysis, it must be determined whether the claims recite an abstract idea that falls within one or more designated categories of patent ineligible subject matter (i.e., organizing human activity, mathematical concepts, and mental processes) that amount to a judicial exception to patentability. Here, the claims recite the abstract idea of equipment rental and return tracking by:
determining said equipment profile based on said piece of equipment scanned by said scanning device, determining said user profile based on said user ID scanned by said scanning device, determining whether said equipment data of said equipment profile is associated with said user profile, associating said equipment data of said equipment profile with said user profile when said piece of equipment is not already associated with said user profile, and dissociating said equipment data with said user profile when said piece of equipment is already associated with said user profile.
Here, the recited abstract idea falls within one or more of the three enumerated MPEP 2106 categories of patent ineligible subject matter, to wit: the category of certain methods of organizing human activity, which includes managing personal behavior or relationships or interactions between people (e.g., considering historical usage information while inputting data such as tracking equipment rentals and returns associated with employees).
Under the MPEP 2106 step 2A, Prong 2 analysis, the identified abstract idea to which the claim is directed does not include limitations that integrate the abstract idea into a practical application, since the recited features of the abstract idea are being applied on a computer or computing device or via software programming that is simply being used as a tool (“apply it”) to implement the abstract idea. (See, e.g., MPEP §2106.05(f)). Therefore, the claim is directed to an abstract idea.
Under the MPEP 2106 step 2B analysis, the additional elements are evaluated to determine whether they amount to something “significantly more” than the recited abstract idea. (i.e., an innovative concept). Here, the additional elements, such as: “equipment,” “processor”, “scanning device”, “non-transitory computer readable medium”, and “computing entity” do not amount to an innovative concept since, as stated above in the step 2A, Prong 2 analysis, the claims are simply using the additional elements as a tool to carry out the abstract idea (i.e., “apply it”) on a computer or computing device and/or via software programming. (See, e.g., MPEP §2106.05(f)). The additional elements are specified at a high level of generality to simply implement the abstract idea and are not themselves being technologically improved. (See, e.g., MPEP §2106.05 I.A.).
Dependent claims 2-10 and 12-19 have all been considered and do not integrate the abstract idea into a practical application.
The additional elements of the dependent claims merely refine and further limit the abstract idea of the independent claims and do not add any feature that is an “inventive concept” which cures the deficiencies of their respective parent claim under the MPEP 2106 analysis. None of the dependent claims considered individually, including their respective limitations, include an “inventive concept” of some additional element or combination of elements sufficient to ensure that the claims in practice amount to something “significantly more” than patent-ineligible subject matter to which the claims are directed.
The elements of the instant process steps when taken in combination do not offer substantially more than the sum of the functions of the elements when each is taken alone. The claims as a whole, do not amount to significantly more than the abstract idea itself because the claims do not effect an improvement to another technology or technical field (e.g., the field of computer coding technology is not being improved); the claims do not amount to an improvement to the functioning of an electronic device itself which implements the abstract idea (e.g., the general purpose computer and/or the computer system which implements the process are not made more efficient or technologically improved); the claims do not perform a transformation or reduction of a particular article to a different state or thing (i.e., the claims do not use the abstract idea in the claimed process to bring about a physical change. See, e.g., Diamond v. Diehr, 450 U.S. 175 (1981), where a physical change, and thus patentability, was imparted by the claimed process; contrast, Parker v. Flook, 437 U.S. 584 (1978), where a physical change, and thus patentability, was not imparted by the claimed process); and the claims do not move beyond a general link of the use of the abstract idea to a particular technological environment (e.g., simply claiming the use of a computer and/or computer system to implement the abstract idea). Appropriate correction and/or clarification is required.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of co pending application number 18/767,580. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Although the claims at issue are not identical, they are not patentably distinct from each other because both applications are directed to systems for inventory and employee activity monitoring, as outlined below:
Application number 18/767,032
Application number 18/767,580
1. A system for preventing losses comprising: a piece of equipment having an equipment profile associated therewith, wherein said equipment profile contains equipment data pertaining to said piece of equipment, a user ID having a user profile associated therewith, wherein said user profile contains user data pertaining to a user associated with said user profile, a scanning device configured to scan said piece of equipment and said user ID, wherein said scanning device scans said piece of equipment in a way such that said equipment profile associated with said piece of equipment is determined, wherein said scanning device scans said user ID in a way such that said user profile associated with said user ID is determined, a computing entity having a user interface and operably connected to said scanning device, wherein said computing entity is configured to receive said equipment data and said user data from said equipment profile and said user profile, a processor operably connected to said computing entity and said scanning device, a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining said equipment profile based on said piece of equipment scanned by said scanning device, determining said user profile based on said user ID scanned by said scanning device, determining whether said equipment data of said equipment profile is associated with said user profile, associating said equipment data of said equipment profile with said user profile when said piece of equipment is not already associated with said user profile, and dissociating said equipment data with said user profile when said piece of equipment is already associated with said user profile.
2. The system of claim 1, further comprising permission levels that determine when said user may dissociate said equipment data with said user profile.
3. The system of claim 2, further comprising groups having said permission levels, wherein said user profile is associated with said groups in a way such that said groups said user profile is associated with determines when said user may dissociate said equipment data with said user profile.
4. The system of claim 1, further comprising an equipment log configured to save association data and dissociation data, wherein said association data is information pertaining to said piece of equipment upon association with said user profile, wherein said dissociation data is information pertaining to said piece of equipment upon dissociation with said user profile.
5. The system of claim 1, further comprising a plurality of user actions within the user interface, wherein said plurality of user actions are assigned to at least one user of the system, wherein said equipment profile is associated with at least one user action.
6. The system of claim 5, further comprising an operations timer associated with said at least one user action, wherein said operations timer of said at least one user action may not be reset unless said equipment profile associated with said at least one user action is first associated with said user profile and then dissociated with said user profile.
7. The system of claim 6, further comprising an urgency level of said operations timer, wherein indicia of said operations timer indicate an urgency level of said operations timer, wherein said urgency level is determined via a plurality of urgency parameters and an urgency threshold.
8. The system of claim 7, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: determining a value for each urgency parameter of said plurality of urgency parameters for said at least one user action, totaling said value for each said urgency parameter of said plurality of urgency parameters to create a total of urgency parameter points for said at least one user action of said plurality of user actions, comparing said total of urgency parameter points of said at least one user action to said urgency threshold that is specific to said at least one user action in order to determine said urgency level for said at least one user action, creating said urgency level for said at least one user action based on said total of urgency parameter points and said urgency threshold, and resetting said operations timer when said at least one user action is completed by said user.
9. The system of claim 7, wherein said plurality of urgency parameters comprise at least one of overdue task, task type, time of day, and time of year.
10. The system of claim 7, wherein said operations timer comprises at least one of a restocking timer, maintenance timer, management timer, and vendor timer.
1. A system for preventing losses comprising: a user ID having a user profile associated therewith, wherein said user profile contains user data pertaining to a user associated with said user profile, a scanning device configured to scan said user ID, wherein said scanning device scans said user ID in a way such that said user profile associated with said user ID is determined, a computing entity having a user interface and operably connected to said scanning device, wherein said computing entity is configured to receive said user data from said user profile, wherein said user interface presents at least one user action having an operations timer, wherein said operations timer indicates an urgency level of said at least one user action, wherein said urgency level is determined via a plurality of urgency parameters and an urgency threshold, a processor operably connected to said computing entity and said scanning device, a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining a value for each urgency parameter of said plurality of urgency parameters, totaling said value for each said urgency parameter to determine a total of urgency parameter points for said at least one user action, comparing said total of urgency parameter points of said at least one user action to said urgency threshold that is specific to each said at least one user action in order to determine said urgency level for said at least one user action, creating said urgency level for said at least one user action based on said total of urgency parameter points and said urgency threshold.
2. The system of claim 1, wherein said urgency level is represented within said user interface via an indicia.
3. The system of claim 2, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: presenting said urgency level via said user interface using said indicia, wherein said indicia is associated with said urgency threshold.
4. The system of claim 1, wherein said plurality of urgency parameters comprise at least one of overdue task, task type, time of day, and time of year.
5. The system of claim 1, wherein said operations timer comprises at least one of a restocking timer, maintenance timer, management timer, and vendor timer.
6. The system of claim 1, further comprising: a piece of equipment having an equipment profile associated therewith, wherein said equipment profile contains equipment data pertaining to said piece of equipment, wherein said at least one user action is associated with said piece of equipment.
7. The system of claim 6, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: determining said equipment profile based on said piece of equipment scanned by said scanning device, associating said equipment data of said equipment profile with said user profile, and associating said at least one user action with said user profile.
8. The system of claim 7, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: dissociating said equipment data of said equipment profile with said user profile, and dissociating said at least one user action with said user profile.
9. The system of claim 8, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: resetting said operations timer when said equipment profile associated with said at least one user action is dissociated with said user profile.
10. The system of claim 8, further comprising an equipment log configured to save association data and dissociation data, wherein said association data is information pertaining to said piece of equipment upon association with said user profile, wherein said dissociation data is information pertaining to said piece of equipment upon dissociation with said user profile.
A terminal disclaimer is required herein.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2007/0043811) in view of Setchell et al (US 2018/0341891).
Regarding claim 1, the prior art discloses a system for preventing losses comprising: a piece of equipment having an equipment profile associated therewith, wherein said equipment profile contains equipment data pertaining to said piece of equipment (see at least paragraph [0065] to Kim et al, wherein all supplies and equipment for each location can be electronically stored in the dynamic system, including a vendor's inventory at the vendor's warehouses), a user ID having a user profile associated therewith, wherein said user profile contains user data pertaining to a user associated with said user profile (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device ), a scanning device configured to scan said piece of equipment and said user ID (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device and/or scan a location and/or equipment tag that contains encoded information ), wherein said scanning device scans said piece of equipment in a way such that said equipment profile associated with said piece of equipment is determined, wherein said scanning device scans said user ID in a way such that said user profile associated with said user ID is determined (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device 1 and/or scan a location and/or equipment tag that contains encoded information. Then the bar code reader 11 transmits this information (e.g., user's identity, scanned time & date, scanned location, scanned equipment identification, etc.) to the servers 6 directly, or to the portable device ), a computing entity having a user interface and operably connected to said scanning device, wherein said computing entity is configured to receive said equipment data and said user data from said equipment profile and said user profile, a processor operably connected to said computing entity and said scanning device (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device 1 and/or scan a location and/or equipment tag that contains encoded information. Then the bar code reader 11 transmits this information (e.g., user's identity, scanned time & date, scanned location, scanned equipment identification, etc.) to the servers 6 directly, or to the portable device and then the servers 6 via the connections 2. The servers 6 can then automatically retrieve or update the work order, work order instructions, and/or work order schedule for the identified user in the database 6a), a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining said equipment profile based on said piece of equipment scanned by said scanning device, determining said user profile based on said user ID scanned by said scanning device, determining whether said equipment data of said equipment profile is associated with said user profile (see at least paragraph [0081] to Kim et al, wherein the servers 6 can automatically retrieve and open (12) (and update) the appropriate work order with work instructions for the identified user, and transmit the retrieved information to the user (to the user's portable device 1) in the job location, so the user can carry out the job according to the work instructions and orders. In the similar manner, the user can scan out when the work is finished using the device 11 and the servers 6 can update the completion of the work in the database 6a, e.g., the servers 6 can close (12) the work order as being completed), associating said equipment data of said equipment profile with said user profile when said piece of equipment is not already associated with said user profile (see at least paragraph [0102] to Kim et al, wherein a user (e.g., an inspector, etc.) can input his ID information along with any other information (e.g., inspection start time, location, equipment identification, etc.) to the servers 6 using the tracking device 11 and/or the portable device 1. Then the servers 6 can store such information in the database 6a, and can automatically generate and/or update the quality assurance schedule 22 based on the received information).
Kim et al does not appear to explicitly disclose dissociating said equipment data with said user profile when said piece of equipment is already associated with said user profile.
However, Setchell et al discloses a task monitoring system and method wherein A sub table 516 may be formed for each product that includes records for each task that was associated with the product for a given evaluation period (see at least paragraph [0089] to Setchell et al).
The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The examiner submits that the combination of the teaching of the dynamic total asset management system and method for managing building facility services, as disclosed by Kim et al and the task monitoring system and method as taught by Setchell et al, in order to more efficiently and accurately track and verify task completion by store personnel (see at least paragraph [0012] to Setchell et al), could have been readily and easily implemented, with a reasonable expectation of success. As such, the aforementioned combination is found to be obvious to try, given the state of the art at the time of filing.
Regarding claim 2, the prior art discloses the system of claim 1, further comprising permission levels that determine when said user may dissociate said equipment data with said user profile (see at least paragraph [0071] to Kim et al, wherein users may only be able to access only certain information from the database 6a using the portable and non-portable devices 1, 15, e.g., for security reasons or because such information is not appropriate for that particular user. As such, a user may need to login properly to access some information from the database 6a. Generally, the non-portable devices 15 can be used by supervisors, managers, administrators, coordinators, etc. at an office or other central location).
Regarding claim 3, the prior art discloses the system of claim 2, further comprising groups having said permission levels, wherein said user profile is associated with said groups in a way such that said groups said user profile is associated with determines when said user may dissociate said equipment data with said user profile (see at least paragraph [0071] to Kim et al, wherein users may only be able to access only certain information from the database 6a using the portable and non-portable devices 1, 15, e.g., for security reasons or because such information is not appropriate for that particular user. As such, a user may need to login properly to access some information from the database 6a. Generally, the non-portable devices 15 can be used by supervisors, managers, administrators, coordinators, etc. at an office or other central location and paragraph [0081] to Kim et al, wherein the user can scan out when the work is finished using the device 11 and the servers 6 can update the completion of the work in the database 6a, e.g., the servers 6 can close (12) the work order as being completed).
Regarding claim 4, the prior art discloses the system of claim 1, further comprising an equipment log configured to save association data and dissociation data, wherein said association data is information pertaining to said piece of equipment upon association with said user profile, wherein said dissociation data is information pertaining to said piece of equipment upon dissociation with said user profile (see at least paragraph [0013] to Setchell et al, wherein the system may generate, collect and monitor data related to tasks assigned to personnel. The data may include notification of a task, accepted task employee ID, accepted task time, presentation of task location (e.g. on a map), presentation of task description/check list, assistance notification, notification from personnel that the task has been completed, confirmation from sensor system that the task has been completed and paragraph [0014] to Setchell et al, wherein smart sensors are attached to equipment and store items to monitor inventory and task completion by personnel).
Regarding claim 5, the prior art discloses the system of claim 1, further comprising a plurality of user actions within the user interface, wherein said plurality of user actions are assigned to at least one user of the system, wherein said equipment profile is associated with at least one user action (see at least Figure 4 to Setchell et al, wherein the user and associated tasks are paired with store equipment).
Regarding claim 6, the prior art discloses the system of claim 5, further comprising an operations timer associated with said at least one user action, wherein said operations timer of said at least one user action may not be reset unless said equipment profile associated with said at least one user action is first associated with said user profile and then dissociated with said user profile (see at least paragraph [0028] and Figure 4 to Setchell et al, wherein the system associates equipment with a user profile and monitors the time of usage associated with the equipment and a task).
Regarding claim 7, the prior art discloses the system of claim 6, further comprising an urgency level of said operations timer, wherein indicia of said operations timer indicate an urgency level of said operations timer, wherein said urgency level is determined via a plurality of urgency parameters and an urgency threshold (see at least paragraph [0039] to Setchell et al, wherein certain data may be provided at different times based on a data priority. For example, alerts that a characteristic exceeded a certain threshold may generate a message that is immediately transmitted from server 120 to server 174 whereas the actual monitored data may be transmitted at a later time as a different priority).
Regarding claim 8, the prior art discloses the system of claim 7, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: determining a value for each urgency parameter of said plurality of urgency parameters for said at least one user action, totaling said value for each said urgency parameter of said plurality of urgency parameters to create a total of urgency parameter points for said at least one user action of said plurality of user actions, comparing said total of urgency parameter points of said at least one user action to said urgency threshold that is specific to said at least one user action in order to determine said urgency level for said at least one user action, creating said urgency level for said at least one user action based on said total of urgency parameter points and said urgency threshold (see at least paragraph [0081] to Setchell et al, wherein task priority may provide an indication of the order in which the tasks are to be performed. The task priority may be based on many factors including other pending tasks, line queues (e.g. from a line queue monitor), or particular sensors inputs discussed elsewhere in this application), and resetting said operations timer when said at least one user action is completed by said user (see at least paragraph [0082] to Setchell et al, wherein one or more databases may include records for each task. For example, the one or more databases may include a table 512 of records for each task. The record for each task may include fields such as an task ID, task type, store location, time start, a time complete, an task priority, an employee assigned to an task, a product associated with the task, alarm rules for the task, employee cost, waste cost, and offer rules).
Regarding claim 9, the prior art discloses the system of claim 7, wherein said plurality of urgency parameters comprise at least one of overdue task, task type, time of day, and time of year (see at least paragraph [0085] to Setchell et al, wherein The alarm rules may be based on the type of task).
Regarding claim 10, the prior art discloses the system of claim 7, wherein said operations timer comprises at least one of a restocking timer, maintenance timer, management timer, and vendor timer (see at least paragraph [0088] to Setchell et al, wherein some tasks may be generated based on a timer).
Regarding claim 11, the prior art discloses a system for preventing losses comprising: a piece of equipment having an equipment profile associated therewith, wherein said equipment profile contains equipment data pertaining to said piece of equipment (see at least paragraph [0065] to Kim et al, wherein all supplies and equipment for each location can be electronically stored in the dynamic system, including a vendor's inventory at the vendor's warehouses), a user ID having a user profile associated therewith, wherein said user profile contains user data pertaining to a user associated with said user profile (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device ), a scanning device configured to scan said piece of equipment and said user ID, wherein said scanning device scans said piece of equipment in a way such that said equipment profile associated with said piece of equipment is determined (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device and/or scan a location and/or equipment tag that contains encoded information ), wherein said scanning device scans said user ID in a way such that said user profile associated with said user ID is determined (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device 1 and/or scan a location and/or equipment tag that contains encoded information. Then the bar code reader 11 transmits this information (e.g., user's identity, scanned time & date, scanned location, scanned equipment identification, etc.), a computing entity having a user interface and operably connected to said scanning device, wherein said computing entity is configured to receive said equipment data and said user data from said equipment profile and said user profile, wherein said user interface presents a plurality of user actions that are assigned to at least one user, wherein said equipment profile is associated with at least one user action of said plurality of user actions, a processor operably connected to said computing entity and said scanning device (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device 1 and/or scan a location and/or equipment tag that contains encoded information. Then the bar code reader 11 transmits this information (e.g., user's identity, scanned time & date, scanned location, scanned equipment identification, etc.) to the servers 6 directly, or to the portable device and then the servers 6 via the connections 2. The servers 6 can then automatically retrieve or update the work order, work order instructions, and/or work order schedule for the identified user in the database 6a), a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining said equipment profile based on said piece of equipment scanned by said scanning device, determining said user profile based on said user ID scanned by said scanning device, determining whether said equipment data of said equipment profile is associated with said user profile (see at least paragraph [0081] to Kim et al, wherein the servers 6 can automatically retrieve and open (12) (and update) the appropriate work order with work instructions for the identified user, and transmit the retrieved information to the user (to the user's portable device 1) in the job location, so the user can carry out the job according to the work instructions and orders. In the similar manner, the user can scan out when the work is finished using the device 11 and the servers 6 can update the completion of the work in the database 6a, e.g., the servers 6 can close (12) the work order as being completed), associating said equipment data with said user profile when said piece of equipment is not already associated with said user profile, associating said at least one user action with said user profile when said equipment data is associated with said equipment data , dissociating said equipment data with said user profile when said piece of equipment is already associated with said user profile (see at least paragraph [0102] to Kim et al, wherein a user (e.g., an inspector, etc.) can input his ID information along with any other information (e.g., inspection start time, location, equipment identification, etc.) to the servers 6 using the tracking device 11 and/or the portable device 1. Then the servers 6 can store such information in the database 6a, and can automatically generate and/or update the quality assurance schedule 22 based on the received information).
Kim et al does not appear to explicitly disclose dissociating said equipment data with said user profile when said piece of equipment is already associated with said user profile.
However, Setchell et al discloses a task monitoring system and method wherein A sub table 516 may be formed for each product that includes records for each task that was associated with the product for a given evaluation period (see at least paragraph [0089] to Setchell et al).
The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The examiner submits that the combination of the teaching of the dynamic total asset management system and method for managing building facility services, as disclosed by Kim et al and the task monitoring system and method as taught by Setchell et al, in order to more efficiently and accurately track and verify task completion by store personnel (see at least paragraph [0012] to Setchell et al), could have been readily and easily implemented, with a reasonable expectation of success. As such, the aforementioned combination is found to be obvious to try, given the state of the art at the time of filing.
Regarding claim 20, the prior art discloses a system for preventing losses comprising: a piece of equipment having an equipment profile associated therewith, wherein said equipment profile contains equipment data pertaining to said piece of equipment see at least paragraph [0065] to Kim et al, wherein all supplies and equipment for each location can be electronically stored in the dynamic system, including a vendor's inventory at the vendor's warehouses), a user ID having a user profile associated therewith, wherein said user profile contains user data pertaining to a user associated with said user profile (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device ), a scanning device configured to scan said piece of equipment and said user ID (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device and/or scan a location and/or equipment tag that contains encoded information ), wherein said scanning device scans said piece of equipment in a way such that said equipment profile associated with said piece of equipment is determined, wherein said scanning device scans said user ID in a way such that said user profile associated with said user ID is determined wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device 1 and/or scan a location and/or equipment tag that contains encoded information. Then the bar code reader 11 transmits this information (e.g., user's identity, scanned time & date, scanned location, scanned equipment identification, etc.) to the servers 6 directly, or to the portable device), a computing entity having a user interface and operably connected to said scanning device, wherein said computing entity is configured to receive said equipment data and said user data from said equipment profile and said user profile (see at least paragraph [0081] to Kim et al, wherein the user can scan his ID badge having a barcoded user information into a bar code reader/computer 11 located in the job location or using his portable device 1 and/or scan a location and/or equipment tag that contains encoded information. Then the bar code reader 11 transmits this information (e.g., user's identity, scanned time & date, scanned location, scanned equipment identification, etc.) to the servers 6 directly, or to the portable device and then the servers 6 via the connections 2. The servers 6 can then automatically retrieve or update the work order, work order instructions, and/or work order schedule for the identified user in the database 6a);
a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining said equipment profile based on said piece of equipment scanned by said scanning device (see at least paragraph [0081] to Kim et al, wherein the servers 6 can automatically retrieve and open (12) (and update) the appropriate work order with work instructions for the identified user, and transmit the retrieved information to the user (to the user's portable device 1) in the job location, so the user can carry out the job according to the work instructions and orders. In the similar manner, the user can scan out when the work is finished using the device 11 and the servers 6 can update the completion of the work in the database 6a, e.g., the servers 6 can close (12) the work order as being completed); and
determining whether said equipment data of said equipment profile is associated with said user profile, associating said equipment data with said user profile when said piece of equipment is not already associated with said user profile (see at least paragraph [0102] to Kim et al, wherein a user (e.g., an inspector, etc.) can input his ID information along with any other information (e.g., inspection start time, location, equipment identification, etc.) to the servers 6 using the tracking device 11 and/or the portable device 1. Then the servers 6 can store such information in the database 6a, and can automatically generate and/or update the quality assurance schedule 22 based on the received information).
Kim et al does not appear to explicitly disclose wherein said user interface presents a plurality of user actions having an operations timer that indicates an urgency level of at least one user action of said plurality of user actions, wherein said urgency level is determined via a plurality of urgency parameters and an urgency threshold, a processor operably connected to said computing entity and said scanning device, a non-transitory computer-readable medium coupled to said processor, determining a value for each urgency parameter of said plurality of urgency parameters for said at least one user action, totaling said value for each said urgency parameter of said plurality of urgency parameters to determine a total of urgency parameter points for said at least one user action, comparing said total of urgency parameter points of said at least one user action to said urgency threshold that is specific to each said at least one user action in order to determine said urgency level for said at least one user action, creating said urgency level for said at least one user action based on said total of urgency parameter points and said urgency threshold, and dissociating said equipment data with said user profile when said piece of equipment is already associated with said user profile.
However, Setchell et al discloses a task monitoring system and method wherein said user interface presents a plurality of user actions having an operations timer that indicates an urgency level of at least one user action of said plurality of user actions (see at least paragraph [0013] to Setchell et al, wherein the system may generate, collect and monitor data related to tasks assigned to personnel. The data may include notification of a task, accepted task employee ID, accepted task time, presentation of task location (e.g. on a map), presentation of task description/check list, assistance notification, notification from personnel that the task has been completed, confirmation from sensor system that the task has been completed and paragraph [0014] to Setchell et al, wherein smart sensors are attached to equipment and store items to monitor inventory and task completion by personnel), wherein said urgency level is determined via a plurality of urgency parameters and an urgency threshold, a processor operably connected to said computing entity and said scanning device (see at least paragraph [0039] to Setchell et al, wherein certain data may be provided at different times based on a data priority. For example, alerts that a characteristic exceeded a certain threshold may generate a message that is immediately transmitted from server 120 to server 174 whereas the actual monitored data may be transmitted at a later time as a different priority), determining said user profile based on said user ID scanned by said scanning device, determining a value for each urgency parameter of said plurality of urgency parameters for said at least one user action, totaling said value for each said urgency parameter of said plurality of urgency parameters to determine a total of urgency parameter points for said at least one user action, comparing said total of urgency parameter points of said at least one user action to said urgency threshold that is specific to each said at least one user action in order to determine said urgency level for said at least one user action, creating said urgency level for said at least one user action based on said total of urgency parameter points and said urgency threshold (see at least paragraph [0082] to Setchell et al, wherein one or more databases may include records for each task. For example, the one or more databases may include a table 512 of records for each task. The record for each task may include fields such as an task ID, task type, store location, time start, a time complete, an task priority, an employee assigned to an task, a product associated with the task, alarm rules for the task, employee cost, waste cost, and offer rules), and dissociating said equipment data with said user profile when said piece of equipment is already associated with said user profile (see at least paragraph [0089] to Setchell et al, wherein a sub table 516 may be formed for each product that includes records for each task that was associated with the product for a given evaluation period).
The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The examiner submits that the combination of the teaching of the dynamic total asset management system and method for managing building facility services, as disclosed by Kim et al and the task monitoring system and method as taught by Setchell et al, in order to more efficiently and accurately track and verify task completion by store personnel (see at least paragraph [0012] to Setchell et al), could have been readily and easily implemented, with a reasonable expectation of success. As such, the aforementioned combination is found to be obvious to try, given the state of the art at the time of filing.
Claims 12-19 each contain recitations substantially similar to those addressed above and, therefore, are likewise rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The examiner has considered all references listed on the Notice of References Cited, PTO-892.
The examiner has considered all references cited on the Information Disclosure Statement submitted by Applicant, PTO-1449.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALIA F CRAWLEY whose telephone number is (571)270-5397. The examiner can normally be reached on Monday thru Thursday; 8:30 AM-4:30 PM EST.
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/TALIA F CRAWLEY/ Primary Examiner, Art Unit 3627