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 08/30/2024 have been accepted.
Claim Rejections - 35 USC § 112
Claims 1 and 12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1 and 12 recite the limitation “unoccupied by one or more items of one or more products intended to be supported by the product support structure,” which is found to be indefinite language. A fundamental principle contained in 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph is that applicants are their own lexicographers. They can define in the claims what the inventor or a joint inventor regards as the invention essentially in whatever terms they choose so long as any special meaning assigned to a term is clearly set forth in the specification. See MPEP § 2111.01. Applicant may use functional language, alternative expressions, negative limitations, or any style of expression or format of claim which makes clear the boundaries of the subject matter for which protection is sought. As noted by the court in In re Swinehart, 439 F.2d 210, 160 USPQ 226 (CCPA 1971), a claim may not be rejected solely because of the type of language used to define the subject matter for which patent protection is sought.
The examiner submits that the aforementioned limitation, wherein the claims recite “unoccupied by one or more items of one or more products intended to be supported by the product support structure,” is found to be indefinite. The term “intended to be supported” fails to provide clarity to the scope of the claim that would enable one of ordinary skill in the art to ascertain the metes and the bounds of the claim as currently recited. For at least the reasoning provided above, the language of the pending claims is found to be indefinite for examination purposes. 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).
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Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of United States Patent No 10,239,738. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications are directed to systems and method of monitoring product placement within a shopping facility, as outlined below:
US Patent Number 10,239,738
Application number 18/821614
1. (original): An apparatus configured to determine product placement conditions within a shopping facility, comprising: a transceiver configured to wirelessly receive communications; a product monitoring control circuit coupled with the transceiver and associated with a shopping facility; a memory coupled with the control circuit and storing computer instructions that when executed by the control circuit cause the control circuit to: obtain a composite three-dimensional (3D) scan mapping corresponding to at least a select area of the shopping facility and based on a series of 3D scan data obtained by a 3D scanner as the 3D scanner is moved within the shopping facility; evaluate the 3D scan mapping to identify multiple product depth distances between a reference offset distance proximate an edge of a product support structure and each of multiple items of a first product positioned on and spaced across the select area of the product support structure; and identify, from the evaluation of the 3D scan mapping, when one or more of the multiple product depth distances is greater than a predefined depth distance threshold from the reference offset distance of the product support structure.
2. (original): The apparatus of claim 1, wherein the control circuit is further configured to: identify when a threshold area across the product support structure of the select area has the product depth distance that is greater than the depth distance threshold; and issue a notification requesting action be taken in response to identifying that the threshold area across the product support structure of the select area has the product depth distance that is greater than the depth distance threshold.
3. (original): The apparatus of claim 2, wherein the control circuit is further configured to: identify, from the evaluation of the 3D scan mapping and relative to each of multiple rows of items of the first product supported by the product support structure, whether a threshold number of items are present within each row, wherein each of the multiple rows of items comprises one or more of the items arranged extending away from the edge of the product support structure; and identify that a threshold number of rows within the select area do not have at least the threshold number of items; wherein the issuing the notification comprises issuing the notification requesting action be taken in response to identifying that at least one of: the threshold area across the product support structure of the select area has the product depth distance that is greater than the depth distance threshold; and the threshold number of rows do not have at least the threshold number of items.
4. (original): The apparatus of claim 2, wherein the control circuit in evaluating the 3D scan mapping is further configured to: identify when one or more of the items detected through the 3D scan mapping and within the select area are different than the first product intended to be positioned within the select area; and cause a notification to be wirelessly transmitted through the transceiver notifying a shopping facility associate that an item of a second product is incorrectly placed within the select area.
5. (original): The apparatus of claim 2, wherein the control circuit is further configured to: evaluate an on-hand stock of the first product in response to identifying that the threshold area across the product support structure of the select area has the product depth distance that is greater than the depth distance threshold; identify that the on-hand stock of the first product is less than a threshold quantity; and determine, in response to identifying that the on-hand stock of the first product is less than the threshold quantity, whether additional items of the first product are pending delivery from a supplier.
6. (original): The apparatus of claim 1, wherein the control circuit is further configured to: identify, relative to each of multiple rows of items of the first product supported by the product support structure, whether a threshold number of items of the first product are present within each row, wherein each of the multiple rows of items comprises one or more of the items of the first product arranged extending away from the edge of the product support structure; identify that a threshold number of the rows of items of the first product within the select area do not have at least the threshold number of items; and issue a notification requesting action be taken in response to identifying that at least the threshold number of rows do not have at least the threshold number of items.
7. (original): The apparatus of claim 1, wherein the control circuit is further configured to: cause the transceiver to wirelessly communicate one or more movement commands to a motorized transport unit coupled with the 3D scanner, wherein the one or more movement commands when implemented by the motorized transport unit are configured to cause physical movement of the motorized transport unit and the 3D scanner consistent with the one or more movement commands through at least a portion of the shopping facility and proximate the select area of the product support structure.
8. (original): The apparatus of claim 7, wherein the control circuit is further configured to: identify, relative to a mapping of the shopping facility, a route between a determined location of the motorized transport unit within the shopping facility and a destination location within the shopping facility; identify the one or more movement commands configured to control movement of the motorized transport unit to cause the motorized transport unit to move to the destination location in accordance with the route; and cause the transceiver to wirelessly transmit the one or more movement commands to the motorized transport unit to cause the motorized transport unit to control its movements in accordance with the one or more movement commands and consistent with the route.
9. (original): The apparatus of claim 7, wherein the control circuit is further configured to: cause the transceiver to wirelessly communicate one or more 3D scan commands to induce a change in orientation of the 3D scanners relative to the product support structure.
1. A retail system configured to determine product conditions within a retail facility, comprising: scanner units; a product monitoring control circuit associated with a retail facility; and a memory coupled with the control circuit and storing computer instructions that when executed by the control circuit cause the control circuit to: obtain a composite three-dimensional (3D) scan mapping corresponding to at least a select area of the retail facility and based on scan data from the scanner units that are configured to be positioned and oriented relative to at least the select area of the retail facility each configured to provide at least one of multiple scans that are cooperated to generate the composite 3D scan mapping; access a baseline scan of at least the select area of the retail facility; evaluate the composite 3D scan mapping relative to the baseline scan; determine an empty area of at least a portion of a product support structure, positioned in the select area, wherein the empty area is unoccupied by items of one or more products intended to be supported by the product support structure; and identify when the empty area has a predefined relationship with an area threshold.
2. The retail system of claim 1, wherein the baseline scan comprises a 3D baseline mapping generated from a cooperation of multiple initial baseline scans.
3. The retail system of claim 1, wherein a first scanner unit, of the scanner units, comprises a 3D scan compiler configured to: receive the multiple scans, comprising 3D scans; generate the composite 3D scan mapping; and communicate the composite 3D scan mapping to the control circuit.
4. The retail system of claim 1, wherein the scanner units comprise triangulation scanners configured to be positioned proximate to the at least the portion of the product support structure, wherein each of the triangulation scanners is configured to generate at least one of the multiple scans.
5. The retail system of claim 1, wherein the control circuit in identifying when the empty area has the predefined relationship with the area threshold is further configured to identify, based on the composite 3D scan mapping, when the empty area is greater than a case threshold such that the empty area is large enough to receive at least a full case of the items of a first product; and wherein the control circuit is further configured to cause one or more commands to be communicated to cause initiation of one or more actions in response to identifying that the empty area has the predefined relationship to the area threshold and the empty area is greater than the case threshold.
6. The retail system of claim 1, wherein the control circuit is further configured to: identify, from the composite 3D scan mapping and relative to each of multiple sets of items, of the items, supported by the product support structure, whether a threshold number of the items are present within each of the multiple sets of items; identify that a threshold number of the multiple sets of items within the select area that do not have at least the threshold number of items; and cause one or more commands to be communicated, in response to identifying that the threshold number of the multiple sets of items do not have at least the threshold number of items, to initiate one or more actions.
7. The retail system of claim 1, further comprising: a motorized robotic transport unit; wherein the scanner units are positioned on and transported by the motorized robotic transport unit, wherein the motorized robotic transport unit is configured to move the scanner units while the scanner units capture the multiple scans.
8. The retail system of claim 1, wherein the scan data comprises point cloud measurements, and the baseline scan comprises point cloud measurements.
9. The retail system of claim 1, wherein the control circuit is further configured to: cause one or more movement commands to be communicated to control physical movement of at least one scanner unit, of the scanner units, through at least a portion of the retail facility comprising the select area.
10. The retail system of claim 1, wherein the control circuit is further configured to: identify that the empty area is less than a restocking area threshold; and cause an instruction to be communicated directing movement of at least a subset of items of the multiple items still supported on the product support structure to be closer to a reference offset in response to the identifying that the empty area has the predefined relationship with the area threshold but not greater than the restocking area threshold, wherein the area threshold is a facing area threshold.
11. The retail system of claim 1, wherein the control circuit is further configured to access inventory information of a first product and identify from the inventory information when there is a threshold number of items of the first product; and cause an instruction to be communicated directing a restocking of the empty area with additional items of the first product in response to both identifying that the empty area has the predefined relationship with the area threshold and identifying that there is the threshold number of items of the first product.
A terminal disclaimer is required herein.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shah et al (US 2017/0193434).
Regarding claim 1, the prior art discloses a retail system configured to determine product conditions within a retail facility, comprising: scanner units (see at least paragraph [0016] to Shah et al); a product monitoring control circuit associated with a retail facility (see at least paragraph [0010] to Shah et al); and a memory coupled with the control circuit and storing computer instructions that when executed by the control circuit cause the control circuit to: obtain a composite three-dimensional (3D) scan mapping corresponding to at least a select area of the retail facility and based on scan data from the scanner units that are configured to be positioned and oriented relative to at least the select area of the retail facility each configured to provide at least one of multiple scans that are cooperated to generate the composite 3D scan mapping (see at least paragraphs [0016]-[0017] to Shah et al); access a baseline scan of at least the select area of the retail facility; evaluate the composite 3D scan mapping relative to the baseline scan; determine an empty area of at least a portion of a product support structure, positioned in the select area, wherein the empty area is unoccupied by items of one or more products intended to be supported by the product support structure; and identify when the empty area has a predefined relationship with an area threshold (see at least paragraphs [0051]-[0053] to Shah et al).
Regarding claim 2, the prior art discloses the retail system of claim 1, wherein the baseline scan comprises a 3D baseline mapping generated from a cooperation of multiple initial baseline scans (see at least paragraph [0017] to Shah et al).
Regarding claim 3, the prior art discloses the retail system of claim 1, wherein a first scanner unit, of the scanner units, comprises a 3D scan compiler configured to: receive the multiple scans, comprising 3D scans; generate the composite 3D scan mapping; and communicate the composite 3D scan mapping to the control circuit (see at least paragraph [0017] to Shah et al).
Regarding claim 4, the prior art discloses the retail system of claim 1, wherein the scanner units comprise triangulation scanners configured to be positioned proximate to the at least the portion of the product support structure, wherein each of the triangulation scanners is configured to generate at least one of the multiple scans (see at least paragraph [0017] to Shah et al).
Regarding claim 5, the prior art discloses the retail system of claim 1, wherein the control circuit in identifying when the empty area has the predefined relationship with the area threshold is further configured to identify, based on the composite 3D scan mapping, when the empty area is greater than a case threshold such that the empty area is large enough to receive at least a full case of the items of a first product (see at least paragraph [0009] to Shah et al); and wherein the control circuit is further configured to cause one or more commands to be communicated to cause initiation of one or more actions in response to identifying that the empty area has the predefined relationship to the area threshold and the empty area is greater than the case threshold (see at least paragraph [0011] to Shah et al).
Regarding claim 6, the prior art discloses the retail system of claim 1, wherein the control circuit is further configured to: identify, from the composite 3D scan mapping and relative to each of multiple sets of items, of the items, supported by the product support structure, whether a threshold number of the items are present within each of the multiple sets of items; identify that a threshold number of the multiple sets of items within the select area that do not have at least the threshold number of items; and cause one or more commands to be communicated, in response to identifying that the threshold number of the multiple sets of items do not have at least the threshold number of items, to initiate one or more actions (see at least paragraphs [0051]and [0052] to Shah et al).
Regarding claim 7, the prior art discloses the retail system of claim 1, further comprising: a motorized robotic transport unit; wherein the scanner units are positioned on and transported by the motorized robotic transport unit, wherein the motorized robotic transport unit is configured to move the scanner units while the scanner units capture the multiple scans (see at least paragraph [0053] to Shah et al).
Regarding claim 8, the prior art discloses the retail system of claim 1, wherein the scan data comprises point cloud measurements, and the baseline scan comprises point cloud measurements (see at least paragraph [0012] to Shah et al).
Regarding claim 9, the prior art discloses the retail system of claim 1, wherein the control circuit is further configured to: cause one or more movement commands to be communicated to control physical movement of at least one scanner unit, of the scanner units, through at least a portion of the retail facility comprising the select area (see at least paragraph [0010] to Shah et al).
Regarding claim 10, the prior art discloses the retail system of claim 1, wherein the control circuit is further configured to: identify that the empty area is less than a restocking area threshold; and cause an instruction to be communicated directing movement of at least a subset of items of the multiple items still supported on the product support structure to be closer to a reference offset in response to the identifying that the empty area has the predefined relationship with the area threshold but not greater than the restocking area threshold, wherein the area threshold is a facing area threshold (see at least paragraph [0013] to Shah et al).
Regarding claim 11, the prior art discloses the retail system of claim 1, wherein the control circuit is further configured to access inventory information of a first product and identify from the inventory information when there is a threshold number of items of the first product; and cause an instruction to be communicated directing a restocking of the empty area with additional items of the first product in response to both identifying that the empty area has the predefined relationship with the area threshold and identifying that there is the threshold number of items of the first product (see at least paragraph [0015] to Shah et al).
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