DETAILED ACTION
Remarks
This non-final office action is in response to the application filled on 09/19/2024. Claims 1-8 are pending and examined below.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a) ‐ (d). The certified copy has been filed in parent Application No. JP 2022/052994, filed on 03/29/2022 and Application No. JP 2022/112891 was filed on 03/29.2022.
Non-statutory 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 5, 6, and 8-9 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 5, 6, 8 and 9 of copending Application No. 18/848,723.
Application 18/848,723, claims 1, 8 and 9
Current Application (18/848,739) claims 1, 7 and 8
A product transfer apparatus configured to move a product placed on a stock shelf to a product display shelf which is different from the stock shelf, the product transfer apparatus comprising:
an arm unit having a holder unit configured to hold the product;
A product transfer apparatus configured to move a product placed on a stock shelf to a product display shelf which is different from the stock shelf, the product transfer apparatus comprising:
an arm unit having a holder unit configured to hold the product;
an image capture unit configured to obtain image data including at least a portion of the product held by the holder unit for placing the product on one of a plurality of lanes provided on a shelf plate of the product display shelf for displaying the product and placed above the one of the lanes by the arm unit, and at least a portion of the shelf plate including a position of the one of the lanes;
an image capture unit configured to obtain image data including at least a portion of the product held by the holder unit for placing the product on a shelf plate of the product display shelf and placed above the front side of the shelf plate by the arm unit, and at least a portion of the shelf plate;
a control unit configured to control operation of the holder unit, the arm unit, and the image capture unit,
a control unit configured to control operation of the holder unit, the arm unit, and the image capture unit,
wherein the control unit is configured to perform:
wherein the control unit is configured to perform:
identifying, based on the image data, a positional relationship in a direction in which the plurality of lanes are arranged, between a reference position of the lane of the shelf plate on which the product is to be placed and the product placed above the lane; and
identifying, based on the image data, the relationship between the height of a reference position of the product from an upper surface of the shelf plate and the height of a reference position of the shelf plate; and
correcting, based on the identified positional relationship, the position of the product relative to the reference position by operating the arm unit.
correcting, based on the identified relationship, the height of the reference position of the product relative to the reference position of the shelf plate by operating the arm unit for moving the product.
Although the claims at issue are not identical, they are not patentably distinct from each other because: application 18/848,723 identify positional relationship and current application 18/484,739 identify height relationship. The intention of both applications is same transferring a product by correcting identified relationship.
Application 18/848,723, claim 5
Current Application (18/848,739), claim 4
wherein the identifying the positional relationship includes identifying the positional relationship using a learned model generated by machine learning beforehand using teaching data and learning data; and
wherein the identifying the height of the reference position of the product includes identifying the relationship using a learned model generated by machine learning beforehand using teaching data and learning data,
the teaching data comprises various types of image data and annotation information regarding the positional relationship between the product and the reference position associated respectively with the various types of image data, and the learning data comprises various types of image data which are different from the various types of image data of the teaching data.
wherein the teaching data comprises various types of image data and annotation information regarding the relationship between a reference position of the product from an upper surface of the shelf plate and the height of a refence position of the shelf plate associated respectively with the various types of image data, and the learning data comprises various types of image data which are different from the various types of image data of the teaching data.
Although the claims at issue are not identical, they are not patentably distinct from each other.
Application 18/848,723, claim 6
Current Application (18/848,739), claim 5
wherein the correcting the position of the product relative to the reference position includes moving the product by a distance associated beforehand with a probability value regarding the positional relationship identified using the learned model.
wherein the correcting the height of the reference position of the product includes moving the product by a distance associated beforehand in correspondence with a probability value regarding the height of the reference position of the product identified by the learned model.
Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim Rejections - 35 USC § 103
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 1-3 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over by JP 2020/130192A (“Hosoya”) from the IDS, and further in view of JP 2011/092482A (“Uchiyama”), and further in view of .
Regarding claims 1 (and similarly claim 7 and 8), Hosoya discloses a product transfer apparatus configured to move a product placed on a stock shelf to a product display shelf which is different from the stock shelf (see at least fig 2, where product movement device, 9 moves product , 100 placed on an inventory shelf, 23 to a display shelf, 24 different from the inventory shelf. see also page 3, where “The product display unit 40 is a device provided on the rear side of the product display shelf 24, and the product 100 supplied from the product supply unit 35 can be placed on the rear end 27b of the shelf board 27. With reference to FIGS. 3 and 4, a side view and a front view of the product display unit 40 are shown. Further, with reference to FIGS. 5 and 6, perspective views of the periphery of the transport device 47 in the product display unit 40 as viewed from the front left and the rear left are shown. The product display unit 40 includes a frame 41, an elevating device 43, a transport device 47, and a bucket 45.”), the product transfer apparatus comprising:
an arm unit having a holder unit configured to hold the product (see at least fig 6, arm unit, 45 having a holder unit configured to hold the product; holding portion, 45a);
an image capture unit (see at least fig 6, where an image capture unit, camera 71) configured to obtain image data including at least a portion of the product held by the holder unit for placing the product on a shelf plate of the product display shelf and placed above the front side of the shelf plate by the arm unit (see at least page 4, where an image capture unit, camera 71 configured to obtain image data including at least a portion of the product held by the holder unit for placing the product on one of a plurality of lanes (lanes La, Lb, and Lc) provided on a shelf plate of the product display shelf (“upper shelf plate 27u” of “shelf board 27”) for displaying the product and placed above the one of the lanes by the arm unit (“Here, the product 100A is placed in the lane La, the product 100B is placed in the lane Lb, and the product 100C is placed in the lane Lc in a row (front-back direction, one direction).”, see also Fig. 11-13), and at least a portion of the shelf plate (see at least Fig. 5, where shelf plate 27 includes lanes La, Lb, and Lc); and
a control unit configured to control operation of the holder unit, the arm unit, and the image capture unit (see at least page 2, where controller 77 configured to control operation of the holder unit, the arm unit, and the image capture unit. See also fig 7),
wherein the control unit is configured to perform:
identifying, based on the image data, the relationship between (see at least page 4 and fig 8, where details of the use of a supply order determination unit 83 that identifies a positional relationship of the products and its placement along the lanes is exemplified.); and
correcting, based on the identified positional relationship, (see at least page 5, where a “good display replenishment state” corrects the position of the product relative to the reference position by operating the arm unit “it is necessary to display and replenish one product 100C, five products 100B, and three products 100A”).
Hosoya does not disclose the following limitations:
identifying…the relationship between the height of a reference position of the product from an upper surface of the shelf plate and the height of a reference position of the shelf plate; and
correcting…the height of the reference position of the product relative to the reference position of the shelf plate.
However, Uchiyama discloses a system wherein identifying…the relationship between the height of a reference position of the product from an upper surface of the shelf plate and the height of a reference position of the shelf plate (see at least page 5 and fig 6, height of the uppermost shelf is monitored. See also fig 19 and fig 18, where error is corrected based on height information); and
correcting…the height of the reference position of the product relative to the reference position of the shelf plate (see at least page 12 and fig 21, where “as in the correction R8b shown in FIG. 21, the mobile terminal device 140 uses the electronic shelf label to indicate values related to the height and depth of the position information obtained by the detection of the sensor unit 146 of the mobile terminal device 140. The shelf information acquired from the management server 210, that is, the value of the height information of the level in the shelf position coordinate table shown in FIG.”).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Hosoya to incorporate the teachings of Uchiyama by including the above feature for providing smooth transition during product transfer and avoiding product damage by correcting height of the reference position of the product based on the shelf plate position.
Regarding claim 2, Uchiyama further discloses a system wherein the correcting the height of the reference position of the product includes moving the product in a manner that the height of the reference position of the product becomes the height within a predetermined range from the height of the reference position of the shelf plate (see at least page 2, where “the position information correction unit according to the present invention is calculated by the position information calculation unit based on predetermined known height information”; predetermined known height is interpreted as height within a predetermined range; see also page 3).
Regarding claim 3, Uchiyama further discloses a system wherein the reference position of the product is an intermediate position of the overall height of the product, and the reference position of the shelf plate is a position of a predetermined height from an upper surface of the shelf plate (see at least page 6, where “as shown in FIG. 6, the start point shelf bar code device 150-1 installed in each merchandise display shelf 300 has a start point shelf barcode coordinate indicating the installed position, the distance from the point A, and The absolute coordinates are set according to the height of the stage of the merchandise display shelf 300. For example, the start point shelf barcode coordinates of the start point shelf barcode device 150-1 installed on the commodity display shelf 300-1 are installed with the distances X1, Y1 from the point A and the start point shelf barcode device 150-1. The absolute coordinates (start shelf barcode coordinates (X1, Y1, Z1)) corresponding to the height Z1 of the product display shelf 300-1 are set. In FIG. 6, the relationship between the distances X1 and Y1 from the point A and the start point shelf barcode coordinates can be understood. Further, in FIG. 7, the relationship between the height Z1 of the stage in the product display shelf 300-1 of the start shelf barcode device 150-1 installed in the product display shelf 300-1 and the start shelf barcode coordinates is understood. In addition, as shown in FIG. 6, the end point shelf barcode device 150-2 installed in each commodity display shelf 300 has an end point shelf barcode coordinate indicating the installed position, the distance from the point A, The absolute coordinates are set according to the size of the product display shelf 300 and the height of the stage of the product display shelf 300…In FIG. 6, it is possible to understand the relationship among the distances X1 and Y1 from the point A, the width L of the merchandise display shelf 300-1, and the end point shelf barcode coordinates.”).
Regarding claim 6, Hosoya further discloses a system wherein the product transfer apparatus comprises a contact detection sensor configured to detect contact of the product with the shelf plate at the time of placing the product on the shelf plate (see at least page 4, where “infrared sensor”); and
the control unit is configured to operate the arm unit to perform:
moving the product moved to the position above the placement position toward the shelf plate until the contact detection sensor detects contact of the product with the shelf plate (see at least page 5); and
releasing holding of the product by the holder unit after detection of the contact of the product with the shelf plate by the contact detection sensor (see at least page 5, where the control unit is configured to finish operation of the arm unit (bucket 45), of correcting the position of the product relative to the reference position when the contact detection sensor detects contact of the product held by the holder unit (“The product 100C moves from the stock portion 45a toward the belt 60a. Then, when the product 100C exceeds one gate 45b, the gate 45b is switched from the gate ON state to the gate OFF state again. Here, in order to determine whether or not the product 100C has exceeded one gate 45b, for example, an infrared sensor (not shown) is used to detect that the cap 101 has passed through the gate 45b, and the product 100C passes through the gate 45b from the stock portion 45a.”), where the operation of the arm unit is to open and close gate 45b to the conveyor belt 60.).
Hosoya does not disclose the following limitation:
moving the product having the corrected height of the reference position to a position above the placement position of the shelf plate.
However, Uchiyama further discloses a system wherein moving the product having the corrected height of the reference position to a position above the placement position of the shelf plate (see at least page 12).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over by JP 2020/130192A (“Hosoya”) from the IDS, and in view of JP 2011/092482A (“Uchiyama”), as applied to claim 1 above, and further in view of US 2018/0260628 (“Namiki”).
Regarding claim 4, While Uchiyama does teach identifying the height of the reference position of the product relationship, Uchiyama does not teach identifying the height relationship using a learned model generated by a machine learning beforehand using teaching data and learning data. From a similar field of endeavor, Namiki teaches an image processing device that utilizes machine learning to identify likelihoods of target images (Abstract). Specifically, Namiki discloses system wherein the identifying the height of the reference position of the product includes identifying the relationship using a learned model generated by machine learning beforehand ( see at least [0037], “As illustrated in FIG. 4, the machine learning device 2 includes a state observation unit 21, a learning unit 22, an output utilization unit 23, and a label obtaining unit 24. The state observation unit 21 receives input data from an environment 1 such as, for example, detection position, posture, size, and images of detected parts ”; size data is interpreted as height of the reference position of the product) using teaching data and learning data (see at least [0038], labels) and learning data ([0038], input image),
wherein the teaching data comprises various types of image data and annotation information regarding the relationship between a reference position of the product from an upper surface of the shelf plate and the height of a refence position of the shelf plate associated respectively with the various types of image data (As shown in Fig. 4, Namiki discloses the teaching data comprises various types of image data ( see at least [0038], partial image cut out from an input image) and annotation information ([0038], labels) regarding the positional relationship between the product and the reference position associated respectively with the various types of image data, see at least [0037]), and the learning data comprises various types of image data which are different from the various types of image data of the teaching data (Namiki discloses the learning data comprising various types of image data ([0038], partial image cut out from an input image) which are different from the various types of image data of the teaching data, see at least [0038], annotations and input image).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Hosoya in view of Uchiyama to incorporate the teachings of Namiki by including the above feature for both predicting and verifying correct arrangements of positions of the product and positional relationships through learned models, giving an extra level of reliability as a solution.
Regarding claim 5, While Uchiyama discloses a system wherein correcting the height of the reference position of the product includes moving the product by a distance associated, see at least page 13. Uchiyama does not disclose the correcting the height…a distance associated beforehand in correspondence with a probability value regarding the height of the reference position of the product identified by the learned model.
However, Namiki further discloses a system wherein the use of a probability value regarding the size relationship identified using the learned model (see at least [0061], [0066] and [0069]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Hosoya in view of Uchiyama to incorporate the teachings of Namiki by including the above feature for quantified measurement of the scoring correct positions from 0 to 1, allowing for a finer tuned correction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOHANA TANJU KHAYER whose telephone number is (408)918-7597. The examiner can normally be reached Monday - Thursday, 7 am-5.30 pm, PT.
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/SOHANA TANJU KHAYER/Primary Examiner, Art Unit 3657