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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed a judicial exception (i.e., an abstract idea) without significantly more.
Step 1 – Statutory Categories
As indicated in the preamble of the claim, the examiner finds the claim is directed to a process, machine, manufacture, or composition of matter.(Claims 1-11 are processes and Claims 12-20 are machines). Accordingly, step 1 is satisfied.
Step 2A – Prong 1: was there a Judicial Exception Recited
Claim 1 (and similarly Claims 12 and 20) recites the following abstract concepts that are found to include “abstract idea.” Any additional elements will be analyzed under Step 2A-Prong 2 and Step 2B:
causing a first image of a plurality of items within a shopping cart to display on a display system of a self-checkout system (See MPEP2106.04(a)(2)(III) Mental Processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A. 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
detecting that a first item of the plurality of items has been scanned by a handheld scanner of the self-checkout system (See MPEP2106.04(a)(2)(III) Mental Processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A. 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
responsive to the detection, generating a second image of at least a second item of the plurality of items within the shopping cart, the second image lacking an indication of the first item (See MPEP2106.04(a)(2)(III) Mental Processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A. 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
causing the second image to display on the display system (See MPEP2106.04(a)(2)(III) Mental Processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A. 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)).
Claim 1 (and similarly Claims 12 and 20) is directed to a series of steps for performing actions for analyzing contents of a shopping cart, which are mental processes. The mere nominal recitation of a computer, display system, self-checkout system, handheld scanner, a display system, does not take the claim out of the mental processes. Thus, Claim 1 (and similarly Claims 12 and 20) recites an abstract idea.
Step 2A – Prong 2: Can the Judicial Exception Recited be integrated into a practical application
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The identified abstract idea of exemplary Claim 1 (and similarly Claims 12 and 20) is not integrated into a practical application. The additional elements are: a computer, display system, self-checkout system, handheld scanner, a display system that implements the underlying abstract idea. These additional elements are broadly recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. Claim 1 (and similarly Claims 12 and 20) is directed to an abstract idea.
Step 2B – Significantly More Analysis
Claim 1 (and similarly Claims 12 and 20) does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and in combination, steps a) causing a first image to display on a display system of a self-checkout system, b) detecting that a first item has been scanned by a handheld scanner, c) generating a second image lacking an indication of a first item, d) causing the second image to display, do not add significantly more to the exception because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Claim 1 (and similarly Claims 12 and 20) is ineligible.
Claim 2 (and similarly Claim 13) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 3 (and similarly Claim 14) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 4 (and similarly Claim 15) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 5 (and similarly Claim 16) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 6 (and similarly Claim 17) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 7 (and similarly Claim 18) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 8 (and similarly Claim 19) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 9 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 10 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 11 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2025/0217787 “Zhu”, in view of US Pat Pub 2018/0157913 “Masters”.
As per Claims 1, 12, and 20, Zhu discloses a computer-implemented method, a self-checkout system, and a non-transitory computer-readable medium comprising computer-executable instructions, which when collectively executed by one or more processors of a computing system cause the computing system to perform an operation comprising:
a handheld scanner (Zhu: [0082], the POS device including a scanner for scanning items during a current transaction);
a display system (Zhu: [0034] The user interface device 110 can also include computer-executable instructions (e.g., a driver) for operating the graphics card. Further, the user interface device 110 can include a display (e.g., a touch screen display or natural user interface) and/or computer-executable instructions (e.g., a driver) for operating the display.); and
a computer system for controlling the self-checkout system (Zhu: [0026] The computing device operates in an unconventional manner by presenting a list of unscanned items to a user at a POS device in real-time during a current transaction before the transaction is completed, thereby enabling the user to quickly scan and pay for missed items during a single (current) transaction.), the computing system configured to:
cause a first image of a plurality of items within a shopping cart to display on a display system of a self-checkout system (Zhu: [0050] The checkout area 202 is an area associated with a POS device 204 for completing a transaction to purchase one or more items. The checkout area 202 includes staffed checkout lanes and/or unstaffed, self-checkout (SCO) lanes. In this example, the POS device 204 includes a UI device 206 for displaying data to a user, [0089] FIG. 13, FIG. 14, FIG. 15, FIG. 16, and FIG. 17 include exemplary set screenshots of a set of notifications displayed via a UI associated with a checkout device, such as a staffed or unstaffed checkout. The notifications in this example display a list of the unscanned items, an image of the selected cart having the unscanned items highlighted by bounding boxes and/or an anchor image of each item is presented with the name, brand, variety, and other descriptive information associated with each unpaid item.);
detect that a first item of the plurality of items has been scanned by a handheld scanner of the self-checkout system (Zhu: [0100] In other embodiments, the items are scanned and mapping recognized items to the scanned items occurs in parallel for reduced latency and improved processing efficiency.); and
cause the second image to display on the display system (Zhu: [0064] In other words, the item scan manager can send a single notification identifying all the unscanned items or the item scan manager can send a series of notifications in which each notification identifies a single unscanned item. After each unscanned item is scanned, the new scan data for the scanned item is received triggering the item scan manager to send the next notification identifying the next unscanned item that requires scanning. In this manner, the notifications enable the system to walk the user through the process of identifying each unscanned item one at a time and scanning it (adding it to the basket of scanned items).).
Zhu fails to disclose, but Masters teaches a computer-implemented method, a self-checkout system, and a non-transitory computer-readable medium comprising computer-executable instructions, which when collectively executed by one or more processors of a computing system cause the computing system to perform an operation comprising:
responsive to the detection, generating a second image of at least a second item of the plurality of items within the shopping cart, the second image lacking an indication of the first item (Masters: [0106] In some cases, multiple items may be selected from an image or from a set of images depicting a physical area with a set of items. In some cases, as each item is selected, the previously selected item may be deselected. When the previous item is deselected, the annotation may be removed from an image presented to a user. In other cases, multiple annotations may be displayed to a user identifying each of the selected items.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhu to include modifying the image as taught by Masters, in the scanning verification system as taught by Zhu with the motivation of providing a solution to more easily locate an item among a set of items can both decrease stress and save money for an individual (Masters: [0013]).
As per Claims 2 and 13, Zhu discloses a method and system, wherein generating the second image comprises:
modifying the first image to remove the first item from the first image (Zhu: [0038] and [0064]); and
using the modified first image as the second image (Zhu: [0038] and [0064]).
As per Claims 3 and 14, Zhu discloses a method and system, further comprising:
upon detecting a change in at least one of a position or orientation of at least one item of the plurality of items, obtaining a third image of the plurality of items within the shopping cart (Zhu: [0047] and [0053]), wherein generating the second image comprises:
modifying the third image to remove the first item from the third image (Zhu: [0047] and [0053]); and
using the modified third image as the second image (Zhu: [0047] and [0053]).
As per Claims 4 and 15, Zhu discloses a method and system, further comprising modifying the third image to remove, from the third image, a third item of the plurality of items that has been scanned with the handheld scanner, the second image further lacking an indication of the third item (Zhu: [0047]).
As per Claim 5 and 16, Zhu discloses a method and system, further comprising:
receiving a request to complete a self-checkout transaction with the plurality of items (Zhu: [0116]-[0117]);
after receiving the request, determining that at least one of the plurality of items has not been scanned with the handheld scanner (Zhu: [0116]-[0117]); and
responsive to the determination, causing an indication of the at least one of the plurality of items that has not been scanned to display on the display system (Zhu: [0116]-[0117]).
As per Claim 6 and 17, Zhu further comprising responsive to the determination, causing a prompt to display on the display system, the prompt requesting a user of the self-checkout system to scan the at least one of the plurality of items that has not been scanned (Zhu: [0047]).
As per Claims 7 and 18, Zhu discloses a method and system, wherein:
the at least one of the plurality of items that has not been scanned comprises at least the second item of the plurality of items (Zhu: [0047]); and
the indication of the at least one of the plurality of items that has not been scanned comprises the second image (Zhu: [0047] and [0053]).
As per Claims 8 and 19, Zhu discloses a method and system, further comprising:
receiving a request to complete a self-checkout transaction with the plurality of items (Zhu: [0116]-[0117]);
after receiving the request, determining that each of the plurality of items has been scanned with the handheld scanner (Zhu: [0116]-[0117]); and
responsive to the determination, causing a third image to display on the display system, the third image indicating that each of the plurality of items has been scanned (Zhu: [0116]-[0117]).
As per Claim 9, Zhu discloses a method, wherein the third image lacks any indication of the plurality of items (Zhu: [0089]).
As per Claim 10, Zhu discloses a method, further comprising:
obtaining one or more third images of the plurality of items within the shopping cart (Zhu: [0095]); and
generating the first image from the one or more third images (Zhu: [0095]).
As per Claim 11, Zhu discloses the method, wherein the one or more third images are obtained from at least one of: (i) a first camera device integrated within the handheld scanner, (ii) a second camera device mounted to the self-checkout system, (iii) a third camera device deployed in an environment in which the self- checkout system is located, or (iv) a fourth camera device deployed in the shopping cart, each of the first camera device, the second camera device, the third camera device, and the fourth camera device having a field-of-view of at least one of the plurality of items and being communicatively coupled to the self-checkout system (Zhu: [0053]-[0055]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd Obeid can be reached at 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REVA R MOORE/ Examiner, Art Unit 3627
/PETER LUDWIG/ Primary Examiner, Art Unit 3627
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