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 .
Status of Claims
Claims 1-20 and 30 have been cancelled and Claims 36-41 have been added by Applicant; therefore, Claims 21-29 and 31-41 are currently pending in application 18/768,101.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120 is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) and/ or under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994). The disclosure of the prior-filed applications, Application Nos. 62/862,800, 16/451,482, and 16/839,768, all fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The disclosure of the prior-filed application, Application No. 17/673,057, does provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application; therefore, the priority date of Application No. 17/673,057, 2/16/2022, will be applied to Application No. 18/768,101, and is examined as such below.
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 21-29 and 31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 11,448,546; and over claims 1-20 of U.S. Patent No. 12,339,156. Although the claims at issue are not identical, they are not patentably distinct from each other because all inventions disclose equivalent elements for a truck scale management system/ methods, to include scales with customizable web-based kiosk interfaces.
18/768,101
US 11,448,546
Independent Claims 21 and 31
A method (a non-transitory computer-readable media, system) in a data processing system comprising a processor and memory, for managing a truck scale system, the method comprising:
connecting to a truck scale system via a self-driving vehicle, the truck scale system comprising at least one virtual scale, at least one physical truck scale, and a plurality of other items of site machinery, the at least one virtual scale comprising a data connection to the at least one physical truck scale, wherein the at least one virtual scale comprises a software representation of the at least one truck scale including attributes of the at least one physical truck scale, and wherein the at least one virtual scale defines site machinery of the truck scale system to be controlled by the self-driving vehicle; accessing the at least one physical truck scale through the at least one virtual scale by using a self-driving system of the self-driving vehicle to set one or more parameters of one or more of the attributes of the physical truck scale and to execute a weighment operation by the at least one physical truck scale on the self-driving vehicle using the one or more parameters set through the at least one virtual truck scale; and controlling the site machinery of the truck scale system using the self-driving system of the self-driving vehicle.
Independent Claims 1, 12, and 20
A truck scale management system comprising: a server including: a processor, and a memory having executable instructions stored thereon that when executed by the processor cause the processor to:
connect to a truck scale system through an application programming interface from a self-driving or remotely controlled vehicle, the truck scale system operating in either an autonomous manner based upon instructions provided by the server without the need for human operator input, or in a semi-autonomous manner with operator input from within a vicinity of the truck scale system or remotely; connect to the truck scale system through a communication interface via at least one virtual scale, the truck scale system comprising at least one physical truck scale, a first of the at least one virtual scale comprising a data connection to the at least one physical truck scale, wherein the first virtual scale includes attributes of the at least one physical truck scale and wherein the first virtual scale defines weighing capability, behavior of the at least one physical truck scale, and formatting of data streams transmitted from the at least one physical truck scale;
retrieve, in response to a request from a client device, a virtual kiosk from a database, the virtual kiosk associated with the first virtual scale and communicatively accessible by the client device, the virtual kiosk configured to: execute weighment operations through the first virtual scale, receive data streams associated with the weighment operations from the at least one physical truck scale, and parse the data streams according to the formatting for display on the client device; cause the virtual kiosk to be loaded onto the client device; and facilitate communication between the client device and the truck scale system via the virtual kiosk.
18/768,101
US 12,339,156
Independent Claims 21 and 31
A method (a non-transitory computer-readable media, system) in a data processing system comprising a processor and memory, for managing a truck scale system, the method comprising:
connecting to a truck scale system via a self-driving vehicle, the truck scale system comprising at least one virtual scale, at least one physical truck scale, and a plurality of other items of site machinery, the at least one virtual scale comprising a data connection to the at least one physical truck scale, wherein the at least one virtual scale comprises a software representation of the at least one truck scale including attributes of the at least one physical truck scale, and wherein the at least one virtual scale defines site machinery of the truck scale system to be controlled by the self-driving vehicle; accessing the at least one physical truck scale through the at least one virtual scale by using a self-driving system of the self-driving vehicle to set one or more parameters of one or more of the attributes of the physical truck scale and to execute a weighment operation by the at least one physical truck scale on the self-driving vehicle using the one or more parameters set through the at least one virtual truck scale; and controlling the site machinery of the truck scale system using the self-driving system of the self-driving vehicle.
Independent Claims 1, 19, and 20
A truck scale management system comprising at least one processing device comprising a processor and memory having executable instructions stored thereon that when executed by the processor cause the processor to:
connect to a truck scale system via a self-driving or remotely controlled vehicle, the truck scale system comprising a virtual scale that corresponds to and comprises a software representation of a physical truck scale, wherein one or more attributes including hardware specifications, parameters, and functionality of the physical truck scale are displayed via the virtual scale;
use the virtual scale to execute, by a self-driving system of the self-driving or remotely controlled vehicle, a weighment operation by the physical truck scale on the self-driving or remotely controlled vehicle using the one or more attributes of the physical truck scale, wherein the virtual scale is accessed and controlled by the self-driving or remotely controlled vehicle to set the parameters of the physical truck scale and utilize the functionality of the physical truck scale; and obtain, from the virtual scale, data corresponding to the weighment operation.
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 21-29, 31, and 36-39 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ruud et al. (US 2018/0060952 A1) in view of Rosgardt (US 2023/0314206 A1).
As per independent Claims 21 and 31, Ruud discloses a non-transitory computer-readable media comprising program code that when executed by a programmable processor cause execution of a method for managing a truck scale system, the computer-readable media comprising (method in a data processing system comprising a processor and memory, for managing a truck scale system, the method comprising) (See at least Figs.3-4, Para 0038, “In the following description, illustrative embodiments will be described with reference to acts and symbolic representations of operations (e.g., in the form of flow charts, flow diagrams, data flow diagrams, structure diagrams, block diagrams, etc.) that may be implemented as program modules or functional processes include routines, programs, objects, components, data structures, etc., that perform particular tasks or implement particular abstract data types and may be implemented using existing hardware at existing network elements (e.g., base stations, base station controllers, NodeBs eNodeBs, etc.). Such existing hardware may include one or more Central Processing Units (CPUs), digital signal processors (DSPs), application-specific-integrated-circuits, field programmable gate arrays (FPGAs) computers or the like.”; Para 0041, “Furthermore, example embodiments may be implemented by hardware, software, firmware, middleware, microcode, hardware description languages, or any combination thereof. When implemented in software, firmware, middleware or microcode, the program code or code segments to perform the necessary tasks may be stored in a machine or computer readable medium such as a computer readable storage medium. When implemented in software, a processor or processors will perform the necessary tasks.”; Para 0042, “A code segment may represent a procedure, function, subprogram, program, routine, subroutine, module, software package, class, or any combination of instructions, data structures or program statements. A code segment may be coupled to another code segment or a hardware circuit by passing and/or receiving information, data, arguments, parameters or memory contents. Information, arguments, parameters, data, etc. may be passed, forwarded, or transmitted via any suitable means including memory sharing, message passing, token passing, network transmission, etc.”):
computer program code for connecting to a truck scale system via a user device (wireless device), the truck scale system comprising at least one virtual scale, at least one physical truck scale, and a plurality of other items of site machinery, the at least one virtual scale comprising a data connection to the at least one physical truck scale (See at least Figs.3-4, Para 0047, “In use, the wireless device 2 communicates with a server 3 at a Headquarters 1. The servers 3 are configured to store, transmit, and receive weighment data and account information. The server applications may also act as a ‘hub’ or a ‘gateway’ for any ‘conversation’ from the scale instrument 5 at the remote end to the mobile application resident on the wireless device 2. In an example embodiment, redundant servers 3.1 may be used for the transmittal and receiving of data between an individual scale instrument 5 at a weigh site 12 and the mobile application resident on the wireless device 2 of a customer, along with the option of maintaining account-specific data used for billing, etc. As shown in FIG. 3, the scale 26 and the scale instrument 5 may each be located at the weigh site 12. … The scale instrument 5 reads weights from the scale 26 (in raw form) and acts as a point-of-sale with a graphic user interface (GUI).”; See also Para 0043-0046 and 0082-0084),
wherein the at least one virtual scale comprises a software representation of the at least one truck scale including attributes of the at least one physical truck scale, and wherein the at least one virtual scale defines site machinery of the truck scale system to be controlled by the vehicle (See at least Fig. 16a, “CAT Scale Location #: 0003” – GUI displays attribute /Hardware Specification that defines physical scale, and 17a-19e, CAT Scale Location #0003; Para 0053, “The peripherals interface 304 operatively connects peripherals of the wireless device to the processor(s) or CPU 302 and the memory 200. The at least one processor 302 is configured to execute various software programs and/or sets of instructions stored in the memory 200 to perform various functions for the wireless device 2 and to process data. … .”; Para 0084, “Once launched, a representative GUI will be displayed on the display 322 of the device 2 and the process proceeds to step S102 where instructions for obtaining a GPS detected position of the wireless device are executed. A location number and/or location information of the weigh scale 26 on which the truck is currently located will be displayed if the software application 211 was able to obtain a positive GPS lock via the wireless device 2 using the GPS module 205 (see FIG. 16a).”, “location number” and/or “location information” are also attributes of weigh scale that defines site machinery of the truck scale system to be controlled by the vehicle; See also Para 0041-0042, Para 0044);
computer program code for accessing the at least one physical truck scale through the at least one virtual scale by using a system of the user device to set one or more parameters of one or more of the attributes of the physical truck scale and to execute a weighment operation by the at least one physical truck scale on the self-driving vehicle using the one or more parameters set through the at least one virtual truck scale (See at least Figs.3-5 and 16a-16b (“CAT Scale Location #: 0003” – GUI displays confirmation step of scale attribute /Hardware Specification, wherein a user can enter a new parameter/ identifier #); Para 0085, “If the location number of the scale 26 obtained by the GPS is not consistent with the number displayed on the display signage containing the location number, the user may reject the GPS located scale number at step S106 by manually typing in the location code from the display signage containing the location number into the CAT Scale location number (CAT Scale Location #:) field as shown in FIG. 16b. Also, if a GPS lock was not able to be obtained by the wireless device 2, or if the customer is at a location having more than one scale in close proximity to one another such that a positive scale identification is not obtainable, the software application 211 may prompt the user to manually input the actual location code of the weigh scale (usually located on the scale, such as at an intercom device or other display signage to confirm the location and/or scale at which the vehicle is requesting the weighment, as shown in FIG. 16b. The user may then proceed to enter the location code using an input device (320, 322) of the wireless device 2 as discussed above.”; Para 0089, “The server 3 will then initiate communication with the scale instrument 5 at the user end in order to place a weighment request and feed the vehicle data to the scale instrument 5.”; See also Para 0047, 0084-0088); and
computer program code for controlling the site machinery of the truck scale system using the system of the user device (See at least Fig.17b, First Weigh/ Reweigh; Para 0087, “If an eligible reweigh is found at step S108, the controller 300 will cause the screen 322 to display selectable buttons or icons of FIRST WEIGH and REWEIGH as shown in FIG. 17b whereby the user will be prompted to select Weigh Type at step S112 of FIG. 18. … .”; See also Para 0038, Para 0046, Para 0083-0087).
Ruud fails to expressly disclose that the user device is a self-driving.
However, the analogous art of Rosgardt discloses the operational control of a weighbridge (or truck scale) by an autonomous or conventional vehicle (See at least Para 0025, “The truck 10, which may be an autonomous or conventional vehicle,…”; Para 0027, “To implement an embodiment of the present invention, the truck 10 may be communicatively connectable to the weighbridge 80 over a wired or wireless communication interface (not shown) and may comprise processing circuitry (not shown).”; Para 0032, “Accurate knowledge of the gross vehicle weight is also very valuable in the control of an autonomous or semi-autonomous vehicle”).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have included that the user device is a self-driving, as disclosed by Rosgardt in the system disclosed by Ruud, for the advantage of providing a method for managing a truck scale system, with the ability to increase method/ system effectiveness and efficiency by incorporating a variety of system controller devices (See KSR [127 S Ct. at 1739] “The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”).
As per Claims 22 and 36, Ruud and Rosgardt disclose wherein the plurality of other items of site machinery comprises at least one sensor, and wherein the computer program code for controlling the site machinery of the truck scale system comprises computer program code for controlling the at least one sensor (Ruud: See at least Para 0043 and 0087)(Rosgardt: See at least Para 0025).
As per Claim 23, Ruud and Rosgardt disclose wherein the plurality of other items of site machinery comprises at least one camera, and wherein the computer program code for controlling the site machinery of the truck scale system comprises computer program code for controlling the at least one camera.
As per Claims 24 and 37, Ruud and Rosgardt disclose wherein the processor further provides a web interface that includes functionality to create and modify the at least one virtual scale (Ruud: See at least Figs.6a-8b, and 10a-12d, 14a-14e, and 16a-19e).
As per Claim 25, Ruud and Rosgardt disclose wherein the at least one virtual scale is associated with a company name and location (Ruud: See at least Figs. 16a-19e).
As per Claims 26 and 38, Ruud and Rosgardt disclose wherein the processor further retrieves a string comprising axle weights of the self-driving including steer, drive, trailer, and gross weight from the truck scale system in a given multi-port stream (Ruud: See at least Para 0043-0045 and 0087)(Rosgardt: See at least Para 0025).
As per Claim 27, Ruud and Rosgardt disclose wherein the attributes of the at least one physical truck scale include at least one of make and model number, scale type, weighing capability, behavior of the at least one physical truck scale, service set identifier, and port number (Ruud: See at least Figs. 14a-14e, and 16a-19e; Para 0043-0048).
As per Claim 28, Ruud and Rosgardt disclose wherein the truck scale system is configured to operate in an autonomous manner without human input (Ruud: See at least Para 0044, “… the scales typically connected to a single electronic controller that automatically combines individual scale platform weights to calculate the gross weight; …”).
As per Claims 29 and 39, Ruud and Rosgardt disclose wherein the truck scale system is configured to operate in a semi-autonomous manner when the self-driving vehicle is within a pre-configured distance of the truck scale system specified by a geo-fence (Ruud: See at least Para 0060, Para 0084-0085).
Allowable Subject Matter
Claims 32-35 are allowed.
The following is an examiner’s statement of reasons for allowance:
All previous rejections of claims 32-35 are withdrawn due to Applicant’s amendments and arguments.
The present invention is directed to managing a truck scale system. Each independent claim identifies the following uniquely distinct features: “computer program code for connecting to a truck scale system via a self-driving vehicle, the truck scale system comprising at least one virtual scale, at least one physical truck scale, and a plurality of other items of site machinery, the at least one virtual scale comprising a data connection to the at least one physical truck scale, wherein the at least one virtual scale includes a virtual locking functionality configured to ensure only one vehicle is able to communicate with the at least one physical truck scale at a given time; computer program code for accessing the at least one physical truck scale through the at least one virtual scale by using a self-driving system of the self-driving vehicle to set one or more parameters of one or more attributes of the physical truck scale and to execute a weighment operation by the at least one physical truck scale on the self-driving vehicle using the one or more parameters set through the at least one virtual truck scale; and computer program code for controlling the virtual locking functionality of the at least one virtual scale using the self-driving system of the self-driving vehicle.” The closest prior art, Ruud et al. (US 20180060952 A1) in view of Rosgardt (US 2023/0314206 A1) disclose(s) conventional truck scale management systems/ methods. However, Ruud and Rosgardt (singularly or in combination) fail to anticipate or render the above underlined combined limitations obvious.
Furthermore, the independent claims are considered by the Examiner to be "significantly more" than an abstract idea. Independent claim 32 includes a specific, unconventional arrangement of the virtual scale interface acting as an intermediary between a self-driving system and legacy physical scales, or in the virtual locking functionality configured to physically coordinate the site machinery and autonomously prevent vehicle interference, that are not well-understood, routine, nor conventional in the field; are integrated into a practical application; and/or add unconventional steps that confine the claim to a particular useful application; improve another technology or technical field (connecting a self-driving controller to a physical scale parameter-setting system; connecting a self-driving vehicle's onboard system to industrial site machinery and physical truck scales to automate a physical weighment process; and utilizing the self-driving system to directly interact with hardware machinery, creating automated, machine-to-machine, hardware-aware execution rather than simply collecting data on a generic computer); the claims apply the abstract idea to a specific technological environment (site machinery, self-driving vehicle systems, and physical truck scales); and/ or the claims require a specific, structured graphical user interface paired with a prescribed functionality directly related to the graphical user interface’s structure that is addressed to and resolves a specifically identified problem in the prior state of the art.
Claim 40 is 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. Claim 41 is objected to for the same reasons as claim 40, in which in depends.
Response to Arguments
Applicant's arguments filed on 6/1/2026, with respect to Claims 21-29, 31, and 36-39, have been considered but are not persuasive. The claimed limitations are found in the prior art as stated/mapped in the rejection above. The rejection will remain as FINAL, based on the rejection above.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Applicant arguments are addressed in the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda C Jasmin, can be reached at telephone number (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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July 14, 2026
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629
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