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 .
Notice to Applicant
This is the first Non-Final Office Action in response to Application Serial Number: 18/873,233, filed on December 09, 2024. Claims 1-8 are pending in this application and have been rejected below.
Priority
The Examiner has noted this Application is a National Stage entry of PCT/US2023/024883 internationally filed June 08, 2023, which claims Priority from Provisional Application No. 63/350,399 filed June 08, 2022.
Information Disclosure Statement (IDS)
The information disclosure statement (IDS) filed on March 27, 2025 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 and is considered by the Examiner.
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.
Step 1: The claimed subject matter falls within the four statutory categories of patentable subject matter.
Claims 1-8 are directed towards a system, which is among the statutory categories of invention.
Step 2A – Prong One: The claims recite an abstract idea.
Claims 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite management of retails display projects.
Claim 1 recites limitations directed to an abstract idea based on certain methods of organizing human activity and mental processes. Specifically, data for defining at least one retail display project, at least one retail location associated with the at least one project, and data indicating a status of the at least one project at the at least one location; receive data defining the at least one project constitutes methods based on business relations; receive, from the at least one retail account, data relating to the status of the at least one project; wherein the particular portion of said data provided to a particular one of the plurality of computing devices is based on whether the particular one of the plurality of computing devices is associated with an administrative account or a retail account, compare, using automated image comparison algorithms, the captured image with the standard image; detect a location of the mobile device when the image was captured; and if the comparison of the captured image with the standard image exceeds a predetermined threshold and the detected location of the mobile device is within a predetermined geofence associated with the at least one retail location, then provide data indicating that the installing of the retail display at the retail location is satisfactorily completed constitutes methods based on commercial or legal interactions, specifically business relations, as well as, methods based on observations, evaluations, judgements and/or opinion that can be performed mentally by a combination of the human mind and a human using pen and paper. The recitation of a server equipped with a processor, non-volatile computer-readable memory, and a network interface, and having a database stored in the non-volatile computer-readable memory, software application provided in a second non-volatile computer- readable memory and distributable to a plurality of computing devices, each of which is equipped with a display, an input device, and a further non-volatile computer-readable memory capable of storing a copy of said at least one software application, wherein the copy of said software application, when installed in the further non-volatile memory, provides instructions to a further processor associated with each of the plurality of computing devices, wherein the plurality of computing devices are configured to communicate over a network with the server, and a mobile device having image capture does not take the claim out of the certain methods of organizing human activity and mental process groupings. Thus the claim recites an abstract idea.
Step 2A – Prong Two: The judicial exception is not integrated into a practical application.
The judicial exception is not integrated into a practical application. In particular, claim 1 recites store data identifying at least one administrative account and at least one retail account associated with the at least one software application, providing to the plurality of computing devices at least a portion of said data relating to the status of the at least one project for displaying on the plurality of computing devices, prompt a user of the mobile device associated with the retail account to capture an image of the retail display on the mobile device after installation of the retail display is completed at the at least one retail location and provide data to the server indicating that the installing of the retail display at the retail location is satisfactorily completed, which are limitations considered to be an insignificant extra-solution activity of collecting and delivering data; see MPEP 2106.05(g). Additionally, claim 1 recites a server equipped with a processor, non-volatile computer-readable memory, and a network interface, and having a database stored in the non-volatile computer- readable memory, at least one software application provided in a second non-volatile computer-readable memory and distributable to a plurality of computing devices, each of which is equipped with a display, an input device, and a further non-volatile computer-readable memory capable of storing a copy of said at least one software application, wherein the copy of said software application, when installed in the further non-volatile memory, provides instructions to a further processor associated with each of the plurality of computing devices, wherein the plurality of computing devices are configured to communicate over a network with the server, and a plurality of computing devices comprises a mobile device having image capture functionality and location awareness functionality at a high-level of generality such that they amounts to no more than generic computer components used as tools to apply the instructions of the abstract idea; see MPEP 2106.05(f). Thus, the additional elements do not integrate the abstract idea into practical application because they do not impose any meaningful limitations on practicing the abstract idea. Claim 1 as a whole, looking at the additional elements individually and in combination, does not integrate the judicial exception into a practical application and therefore is directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements in the claims other than the abstract idea per se, including a server equipped with a processor, non-volatile computer-readable memory, and a network interface, and having a database stored in the non-volatile computer- readable memory, at least one software application provided in a second non-volatile computer-readable memory and distributable to a plurality of computing devices, each of which is equipped with a display, an input device, and a further non-volatile computer-readable memory capable of storing a copy of said at least one software application, wherein the copy of said software application, when installed in the further non-volatile memory, provides instructions to a further processor associated with each of the plurality of computing devices, wherein the plurality of computing devices are configured to communicate over a network with the server, and a plurality of computing devices comprises a mobile device having image capture functionality and location awareness functionality amount to no more than a recitation of generic computer elements utilized to perform generic computer functions, such as receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); electronic recordkeeping, Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log) and storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93; see MPEP 2106.05(d)(II). Viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself. Therefore, since there are no limitations in the claim that transform the abstract idea into a patent eligible application such that the claim amounts to significantly more than the abstract idea itself, the claims are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
§ 101 Analysis of the dependent claims.
Regarding the dependent claims, dependent claims 3, 5 and 7 recite limitations that are not technological in nature and merely limits the abstract idea to a particular environment. Claims 3-6 and 8 recites receiving, providing, prompting, sending and storing limitations respectively, which are considered an insignificant extra-solution activities of collecting and delivering data; see MPEP 2106.05(g). Claims 5 and 8 recite additional capturing image limitations and claim 8 further recites a third-party application, and a further mobile device, which merely recites instructions to apply the abstract idea using generic computer components; MPEP 2106.05(f). Additionally, claims 2-8 recite steps that further narrow the abstract idea of managing retail display projects. Therefore claims 2-8 do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ferrara et al., U.S. Publication No. 20130076726 [hereinafter Ferrara], in view of Yu et al., U.S. Publication No. 2017/0011498 [hereinafter Yu], and further in view of Huo et al., U.S. Publication No. 2021/20256765 [hereinafter Huo].
Referring to Claim 1, Ferrara teaches:
A system for providing status information and verification relating to installing a retail display at a retail location (Ferrara, [0002]; [0031]), comprising:
a server equipped with a processor, non-volatile computer-readable memory, and a network interface, and having a database stored in the non-volatile computer- readable memory which contains data for defining at least one retail display project, at least one retail location associated with the at least one project, and data indicating a status of the at least one project at the at least one location (Ferrara, [0044]), System 42 includes one or more computing devices, one or more servers, and a network 44, over which the elements of FIG. 4. may interact. Also shown in FIG. 4 are computer systems, which may be maintained by manufacturers or other entities that have accounts with a compliance server 32”; (Ferrara, [0047]-[0048]), “each server can also include, or be associated with, one or more data repositories (not shown separately) for storing information regarding fixtures, their configurations, metadata, rules and filters for configuring fixtures, and any code for performing the processes described herein… server 32 corresponds to the compliance server of FIGS. 1 to 3. Server 32 includes database 38 for storing images 60 of fixtures and associated metadata 62 provided, e.g., by computing device 46 and others like it. Server 32 also stores Web server code 64, through which this information may be accessible, via network 44, to other entities, such as computer systems 66 to 68. In this example server 40 stores information for floorplans 70, information for fixtures 72, and metadata 74 including information about, among other things, the specified configurations of the fixtures. Server 40 also stores a Web server 76 that makes this information accessible to entities on network 44 using, e.g., Web services. Server 40 may also store executable code to implement at least some of the functionality described with respect to FIGS. 1 to 3 and 5. In this regard, in an example, that functionality may be implemented via a Web-based application executed by server 40, or that functionality may be implemented via computer code executing on computing device 46. In any case, there may be an interaction between code on computing device 46 and code on server 40 in order to implement some or all of the functionality described herein. Server 40 may also store the rules, filters and templates 78 described above”; (Ferrara, [0021]; [0051]; [0061]; [0064]); and
at least one software application provided in a second non-volatile computer-readable memory and distributable to a plurality of computing devices, each of which is equipped with a display, an input device, and a further non-volatile computer-readable memory capable of storing a copy of said at least one software application, wherein the copy of said software application, when installed in the further non-volatile memory, provides instructions to a further processor associated with each of the plurality of computing devices, wherein the plurality of computing devices are configured to communicate over a network with the server (Ferrara, [0061]), “… a computer program product, i.e., a computer program tangibly embodied in one or more information carriers, e.g., in one or more tangible machine-readable storage media, for execution by, or to control the operation of, data processing apparatus, e.g., a programmable processor, a computer, or multiple computers. An example of a computer program used to implement the processes described herein is an application (or "app") for a tablet computer, a smartphone, or any other appropriate computing device”; (Ferrara, [0021]; [0044]-[0046]);
wherein the server is configured to:
store data identifying at least one administrative account and at least one retail account associated with the at least one software application (Ferrara, [0022]), “specified configuration may be stored in association with a floorplan 14 for a store where fixture 12 is located. Floorplan 14 may be a block diagram, as shown, having a shape that roughly represents to the shape of the corresponding store. Floorplan 14 may have metadata associated therewith, which identifies the floorplan as being for the store, and which specifies various other characteristics of the store, e.g., the location of the store, the identity of the store, the manager of the store, and the like…The icons 16a to 16c may include associated hyperlinks that, when selected, display the specified (and, if available) current configuration of each corresponding fixture. In a tablet computer or other touch-screen system, a fixture icon may be selected by touching the icon”; (Ferrara, [0035]), “… each retail store may have a profile, which may be stored in database 38, and which contains the attributes associated with that retail store…”; (Ferrara, [0040]);
receive, from the at least one administrative account via the at least one software application, data defining the at least one project (Ferrara, [0053]), “receives (82) information relating to a fixture. In this example, the information includes a floorplan showing a layout of a retail location containing the fixture. The floorplan includes one or more selectable icons, at least one of which corresponds to a fixture of interest in the floorplan. Information is associated with this icon. The information, in this example, includes a specified configuration of items to be displayed on the fixture. The specified configuration may be set by an owner of the fixture or by a manufacturer of items on the fixture, and may be generated, e.g., on server 40, in accordance with one or more rules that are written to enhance sales of items on the fixture”; (Ferrara, [0037]);
receive, from the at least one administrative account and from the at least one retail account, via the at least one software application, data relating to the status of the at least one project (Ferrara, [0028]), “User 34 interacts with computing device 10 through a user interface (UI) that is generated by code that controls and/or implements the processes of FIGS. 1 to 3. The UI may include one or more fields that accept user input (e.g., a "comments" field). The user input may include any information, such as information about the store, the user, the fixture, and the like. This user-input information may be stored as metadata to be associated with an image of the fixture, e.g., with an image of the actual configuration taken by the camera”; (Ferrara, [0057]);
wherein the at least one software application is configured to:
prompt a user of the mobile device associated with the retail account to capture an image of the retail display on the mobile device after installation of the retail display is completed at the at least one retail location (Ferrara, [0029]), “Computing device 10 may be configured to take a picture of the actual configuration, to associate the metadata with the resulting image, and to send the image and metadata to the compliance server in response to activation of a single control on a UI displayed on computing device…. the user may hit a "take a picture" button associated with the floorplan graphic, and then hit a "capture a photo" button in a subsequent UI. The resulting image and metadata may be transmitted automatically or in response to further interaction with the UI (e.g., hitting a "send" button on the UI)”; (Ferrara, [0059]-[0060]),
compare, using automated image comparison algorithms, the captured image with the standard image (Ferrara, [0024]), “… FIG. 2. The actual configuration of fixture 12 is compared to the specified configuration 26 displayed on computing device 10. In the example of FIG. 2, the comparison is performed manually… the comparison may be performed automatically using, e.g., image recognition code executing on computing device… user 24 may take a picture of fixture 12 using, e.g., an outward-facing camera 30 included on computing device 10. Appropriate image recognition code, in conjunction with information available on a network, such as the Internet, may be used to identify the items displayed on fixture 12, along with their locations. This information may be compared to the metadata 20 associated with the specified configuration in order to determine if the actual configuration matches the specified configuration”; (Ferrara, [0056]), “image recognition code, which may run on computing device 46 or server 40, may be implemented to recognize the fixture and the items displayed thereon in the actual configuration. A computer-generated match may be achieved by comparing metadata of the identified images to metadata associated with the specified configuration”; (Ferrara, [0025];
detect a location of the mobile device when the image was captured; and if the comparison of the captured image with the standard image exceeds a predetermined threshold and the detected location of the mobile device is within a predetermined geofence associated with the at least one retail location, then provide data to the server indicating that the installing of the retail display at the retail location is satisfactorily completed (Ferrara, [0024]-[0025]), “Appropriate image recognition code, in conjunction with information available on a network, such as the Internet, may be used to identify the items displayed on fixture 12, along with their locations. This information may be compared to the metadata 20 associated with the specified configuration in order to determine if the actual configuration matches the specified configuration… if the actual configuration of fixture 12 is identical, or substantially similar, to the specified configuration, fixture 12 is deemed to be in compliance with the specified configuration. In this context, "substantially similar" may indicate that a certain percentage of items in the specified configuration are in the actual configuration and/or that a certain percentage of items in the actual configuration are at the locations in the fixture specified by the specified configuration”; (Ferrara, [0026]), “If it has been determined that the actual configuration is compliant, then the image may be sent along with a message indicating that the actual configuration is in compliance… In either case, the message may include appropriate metadata that is indicative of compliance or non-compliance, and that may be stored with the image; (Ferrara, [0052]).
Ferrara teaches a compliance server used to determine and send messages regarding compliance between the specified configuration and actual configuration of the resulting image (see par. 0026), however Ferrara does not explicitly teach:
providing to the plurality of computing devices at least a portion of said data relating to the status of the at least one project for displaying on the plurality of computing devices, wherein the particular portion of said data provided to a particular one of the plurality of computing devices is based on whether the particular one of the plurality of computing devices is associated with an administrative account or a retail account;
wherein at least one of the plurality of computing devices associated with a retail account comprises a mobile device having image capture functionality and location awareness functionality:
wherein the at least one software application is configured to:
wherein the image is superimposed on a standard image of the retail display provided by the at least one software application and displayed on the mobile device while the image is being captured.
However Yu teaches:
providing to the plurality of computing devices at least a portion of said data relating to the status of the at least one project for displaying on the plurality of computing devices, wherein the particular portion of said data provided to a particular one of the plurality of computing devices is based on whether the particular one of the plurality of computing devices is associated with an administrative account or a retail account (Yu, [0049]), “the compliance data server transmits a notification of compliance to the mobile device. This operation may not occur in all embodiments. Additionally, in some embodiments, the compliance data server can transmit such a notification to other device and/or parties, such as the retail establishment where the fixture is located, a company associated with the fixture, a company associated with the product displayed by the fixture, etc.”; (Yu, [0052]), “the compliance data server transmits a notification of noncompliance. This operation may not occur in all embodiments. Additionally, in some embodiments, the compliance data server can transmit such a notification to other device and/or parties, such as the retail establishment where the fixture is located, a company associated with the fixture, a company associated with the product displayed by the fixture, etc.”, Examiner considers compliance/noncompliance to teach a status; (Yu, [0034]);
wherein at least one of the plurality of computing devices associated with a retail account comprises a mobile device having image capture functionality and location awareness functionality (Yu, [0073]), “usage of a mobile device 830 to perform a compliance check… The compliance check can be performed by capturing an image of the shelving unit 820 with the mobile device and comparing the captured image to a representation, such as a photograph, planogram, drawing, computer generated image, etc., of the shelving unit 820… location information (e.g., GPS coordinates associated with the captured image of the display), etc.”; (Yu, [0034]), “mobile device 202 includes a network interface 204, an image capture device 206, a processor unit 208, a user input device 210, optional onboard memory 212, and a display device 214. The network interface 204 can be any suitable hardware and/or software that allows the mobile device 202 to communicate via the network 216. The mobile device 202 presents the graphical representation of the fixture (where applicable) on its display device 214 and captures an image of the fixture using its image capture device”; (Yu, [0074]-[0075]), “location information”; (Yu, [0049]; [0052]; [0066]).
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to have modified the compliance steps in Ferrara to include the computing device limitations as taught by Yu. The motivation for doing this would have been to improve the method of confirming that a retail merchandising fixture is in compliance with a specified configuration in Ferrara (see par. 0002) to efficiently include the results of assessing the accuracy of fixture and display assemblies or setups (see Yu par. 0002).
Ferrara teaches a computing device taking a picture ("fixture image") of the actual configuration of fixture, and sending the resulting image to compliance server (see par. 0027), however Ferrara does not explicitly teach:
wherein the at least one software application is configured to:
wherein the image is superimposed on a standard image of the retail display provided by the at least one software application and displayed on the mobile device while the image is being captured.
However Huo teaches:
wherein the at least one software application is configured to:
wherein the image is superimposed on a standard image of the retail display provided by the at least one software application and displayed on the mobile device while the image is being captured (Hou, [0034]), “the program instructions stored on the memories 26 further include an augmented reality program 38. As discussed in further detail below, the processors 24 are configured to execute the augmented reality program 38 to display on the respective display screen 28 real-time images/video captured by the respective camera 22 with graphical elements superimposed thereon for the purpose of enabling various collaborative features and interactions”; (Hou, [0069]-[0070]).
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to have modified the computing device taking a picture in Ferrara to include the superimposed image limitation as taught by Hou. The motivation for doing this would have been to improve the method of confirming that a retail merchandising fixture is in compliance with a specified configuration in Ferrara (see par. 0002) to efficiently include the results of synchronizing and locating objects (see Hou par. 0003).
Referring to Claim 2, Ferrara in view of Yu in view of Hou teaches the system of claim 1. Ferrara further teaches:
wherein the data for defining the at least one retail display project comprises a particular retail location, a particular retail display to be installed at the particular retail location, and the geofence associated with the particular retail location (Ferrara, [0022]), “The specified configuration may be stored in association with a floorplan 14 for a store where fixture 12 is located… Floorplan 14 may have metadata associated therewith, which identifies the floorplan as being for the store, and which specifies various other characteristics of the store, e.g., the location of the store, the identity of the store, the manager of the store, and the like. In this example, floorplan 14 includes icons 16a to 16c that represent fixtures in the store. The icons 16a to 16c are located at about the same location as fixtures in the store. The icons 16a to 16c may include associated hyperlinks that, when selected, display the specified (and, if available) current configuration of each corresponding fixture…”; (Ferrara, [0032]), “Database 38 may be part of, or otherwise accessible to, compliance server 32. Database 38 may store images of fixtures, along with the associated metadata described herein. The associated metadata may include, but is not limited to, information about cellular telephones and their accessories in a fixture, attributes of a retail store associated with the fixture, locations of items on the fixture…”; (Ferrara, [0035]-[0036]), “…each retail store may have a profile, which may be stored in database 38, and which contains the attributes associated with that retail store. The attributes may include the geographic location of the store… and the layout of the store, such as the positioning (relative or absolute) of display areas for cellular telephones and accessories… Information about the layout of the fixture may include a unique identifier for the fixture. The unique identifier for the fixture may be unique among all fixtures in the database, or it may be unique among fixtures at the subject retail location. Alternatively, two (or more) identifiers such as these may be associated with each fixture. The information about the layout may also identify which products are located at particular locations on the fixture (along with their associated metadata described above)…”.
Referring to Claim 5, Ferrara in view of Yu in view of Hou teaches the system of claim 1. Ferrara further teaches:
wherein the at least one software application is further configured, if at least one of the comparison of the captured image with the standard image fails to exceed the predetermined threshold, or the detected location of the mobile device is not within a predetermined geofence associated with the at least one retail location, to prompt the user of the mobile device associated with the retail account to capture a further image of the retail display on the mobile device for comparison of the further captured image with the standard image and a further location of the mobile device detected when capturing the further image with the predetermined geofence to assess whether the installing of the retail display at the retail location is satisfactorily completed (Ferrara, [0024]-[0025]), “FIG. 2. The actual configuration of fixture 12 is compared to the specified configuration 26 displayed on computing device 10. In the example of FIG. 2, the comparison is performed manually. That is, user 24 visually compares the specified configuration 26 to the actual configuration 12… if the actual configuration of fixture 12 is identical, or substantially similar, to the specified configuration, fixture 12 is deemed to be in compliance with the specified configuration. In this context, "substantially similar" may indicate that a certain percentage of items in the specified configuration are in the actual configuration and/or that a certain percentage of items in the actual configuration are at the locations in the fixture specified by the specified configuration”; (Ferrara, [0026]), “Following comparison, user 24 may take a picture of the actual configuration of fixture 12 using the camera on computing device 10 (assuming that a picture has not already been taken)… If it has been determined that the actual configuration is not in compliance, then the image may be sent along with a message indicating that the actual configuration is not in compliance. If available, the message may specify what, in the actual configuration, deviates from the specified configuration. In either case, the message may include appropriate metadata that is indicative of compliance or non-compliance, and that may be stored with the image”; (Ferrara, [0056]).
Referring to Claim 6, Ferrara in view of Yu in view of Hou teaches the system of claim 1. Ferrara further teaches:
wherein the at least one software application is further configured, if at least one of the comparison of the captured image with the standard image fails to exceed the predetermined threshold, and the detected location of the mobile device is within a predetermined geofence associated with the at least one retail location, to prompt the user of the mobile device associated with the retail account to send the captured image of the retail display to an administrative account associated with the project to facilitate manual verification of the satisfactory installing of the retail display (Ferrara, [0024]-[0025]), “FIG. 2. The actual configuration of fixture 12 is compared to the specified configuration 26 displayed on computing device 10. In the example of FIG. 2, the comparison is performed manually. That is, user 24 visually compares the specified configuration 26 to the actual configuration 12… if the actual configuration of fixture 12 is identical, or substantially similar, to the specified configuration, fixture 12 is deemed to be in compliance with the specified configuration. In this context, "substantially similar" may indicate that a certain percentage of items in the specified configuration are in the actual configuration and/or that a certain percentage of items in the actual configuration are at the locations in the fixture specified by the specified configuration”; (Ferrara, [0026]), “Following comparison, user 24 may take a picture of the actual configuration of fixture 12 using the camera on computing device 10 (assuming that a picture has not already been taken)… If it has been determined that the actual configuration is not in compliance, then the image may be sent along with a message indicating that the actual configuration is not in compliance. If available, the message may specify what, in the actual configuration, deviates from the specified configuration. In either case, the message may include appropriate metadata that is indicative of compliance or non-compliance, and that may be stored with the image”; (Ferrara, [0056]).
Referring to Claim 7, Ferrara in view of Yu in view of Hou teaches the system of claim 1. Ferrara further teaches:
wherein the at least one software application comprises a administrative application and a retail application; wherein the administrative application is provided to a subset of the plurality of computing devices that are associated with an administrative account; and wherein the retail application is provided to a further subset of the plurality of computing devices that are associated with a retail account (Ferrara, [0031]), “an entity that designed the specified configuration (e.g., a manufacturer of products or associated accessories) may search database 38 in order to identify an image showing the actual configuration of a fixture in order to confirm that the actual configuration of the fixture complies with the requirements of the specified configuration. A manufacturer or other entity wanting access to the compliance server's information, may maintain an account with the proprietor of compliance server 32, and access that account via a Web page hosted by compliance server 32”; (Ferrara, [0044]), “System 42 includes one or more computing devices, one or more servers, and a network 44, over which the elements of FIG. 4. may interact. Also shown in FIG. 4 are computer systems, which may be maintained by manufacturers or other entities that have accounts with a compliance server 32”; (Ferrara, [0023]).
Referring to Claim 8, Ferrara in view of Yu in view of Hou teaches the system of claim 1. Ferrara teaches a user may take a picture of a fixture using a outward facing camera (see par. 0024), but Ferrara does not explicitly teach:
wherein the at least one software application comprises a third-party application; wherein the server is further configured to:
store data identifying at least one third-party account associated with the third-party application, wherein the at least one third-party account is associated with a further mobile device; and
prompt a user of the further mobile device associated with the at least one third-party account to capture a third-party image of the retail display on the further mobile device after satisfactory installation of the retail display is completed at the at least one retail location, wherein the third-party image is superimposed on a standard image of the retail display provided by the third-party application and displayed on the further mobile device while the third-party image is being captured;
compare, using automated image comparison algorithms, the captured third-party image with the standard image;
detect a location of the further mobile device when the third-party image was captured; and
if the comparison of the captured third-party image with the standard image exceeds a predetermined threshold and the detected location of the further mobile device is within a predetermined geofence associated with the at least one retail location, then provide a reward to the third-party account.
However Yu teaches:
wherein the at least one software application comprises a third-party application; wherein the server is further configured to:
store data identifying at least one third-party account associated with the third-party application, wherein the at least one third-party account is associated with a further mobile device; and prompt a user of the further mobile device associated with the at least one third-party account to capture a third-party image of the retail display on the further mobile device after satisfactory installation of the retail display is completed at the at least one retail location (Yu, [0029]), “consumers can perform such compliance checks. In such embodiments, manufacturers, retailers, etc. can provide incentives for consumers to perform such compliance checks. For example, a manufacturer can provide coupons to customers in return for performing compliance checks. Additionally, such performance checks can be gamified. For example, a manufacturer or maker of displays may create a game in which consumers must complete specific tasks. Upon completion, the consumers are awarded with virtual currency, real currency, tangible prizes, intangible prizes, etc.”; (Yu, [0028]), “the user can capture a still image of the fixture and the still image is compared to the graphical representation. In such embodiments, the graphical representation may only be used to aid in positioning the mobile device in such a manner as to capture an image of the fixture from the proper vantage point. For example, the mobile device can present the graphical representation while the user positions the mobile device so that the fixture falls within the graphical representation”; (Yu, [0090]; [0113]);
compare, using automated image comparison algorithms, the captured third-party image with the standard image; detect a location of the further mobile device when the third-party image was captured (Yu, [0048]), “the fixture data server can use any suitable image comparison techniques to determine whether the fixture is compliant… the compliance data server can calculate distances between components of the image of the fixture and compare those measurements to known or calculated measurements associated with a properly assembled fixture. Additionally, in some embodiments, before determining whether the fixture is compliant, the compliance data server first determines an orientation of the fixture from the image of the fixture… the compliance data server can determine if the correct product is displayed by the fixture, the product displayed by the fixture is oriented properly, etc. If the compliance data server determines that the figure is compliant”; (Yu, [0050]; [0053]; [0062]; [0073]); and
if the comparison of the captured third-party image with the standard image exceeds a predetermined threshold and the detected location of the further mobile device is within a predetermined geofence associated with the at least one retail location, then provide a reward to the third-party account (Yu, [0029]), “consumers can perform such compliance checks. In such embodiments, manufacturers, retailers, etc. can provide incentives for consumers to perform such compliance checks. For example, a manufacturer can provide coupons to customers in return for performing compliance checks. Additionally, such performance checks can be gamified. For example, a manufacturer or maker of displays may create a game in which consumers must complete specific tasks. Upon completion, the consumers are awarded with virtual currency, real currency, tangible prizes, intangible prizes, etc.”.
Ferrara teaches a computing device taking a picture ("fixture image") of the actual configuration of fixture, and sending the resulting image to compliance server (see par. 0027), however Ferrara does not explicitly teach:
wherein the third-party image is superimposed on a standard image of the retail display provided by the third-party application and displayed on the further mobile device while the third-party image is being captured.
However Huo teaches:
wherein the third-party image is superimposed on a standard image of the retail display provided by the third-party application and displayed on the further mobile device while the third-party image is being captured (Hou, [0034]), “the program instructions stored on the memories 26 further include an augmented reality program 38. As discussed in further detail below, the processors 24 are configured to execute the augmented reality program 38 to display on the respective display screen 28 real-time images/video captured by the respective camera 22 with graphical elements superimposed thereon for the purpose of enabling various collaborative features and interactions”; (Hou, [0069]-[0070]).
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to have modified the computing device taking a picture in Ferrara to include the superimposed image limitation as taught by Hou. The motivation for doing this would have been to improve the method of confirming that a retail merchandising fixture is in compliance with a specified configuration in Ferrara (see par. 0002) to efficiently include the results of synchronizing and locating objects (see Hou par. 0003).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Ferrara, in view of Yu, in view of Huo, and further Yoshitake, U.S. Publication No. 2023/0236597 [hereinafter Yoshitake].
Referring to Claim 3, Ferrara in view of Yu in view of Hou teaches the system of claim 2. Ferrara teaches the rate of inventory turn-over of the store (see par. 0035), but Ferrara does not explicitly teach:
wherein the server is further configured to receive shipping status information for the particular retail display, and
the at least a portion of said data relating to the status of the at least one project comprises the shipping status information.
However Yoshitake teaches:
wherein the server is further configured to receive shipping status information for the particular retail display, and the at least a portion of said data relating to the status of the at least one project comprises the shipping status information (Yoshitake, [0034]), “OC allocates shipping boxes to the picking stations based on its control strategy. The ordered items required for the allocated shipping box determines which inventory shelves should be transported to the picking station by AGVs… The OC control the assignment of tasks. For example, at the picking station illustrated in FIG. 2, the OC can control which shipping box will be processed in which station. The shipping boxes are selected based on the progress status of picking operation. The system efficiency depends on both AGV's shelf-transportation time and PR's pick-and-place time because the efficient picking operations can be achieved by minimizing the waiting time when the PR waits for the arrival of inventory shelf to the picking station. Therefore, both the congestion status in the AGV working area and the picking operation status at the picking stations are used as an input of the OC's control strategy… If the OC controls parameter sets corresponding to the different types of tasks (such as shipping-box allocation and inventory-shelf selection), the OC may involve a plurality of controllers based on the types of tasks”; (Yoshitake, [0021]), “AOPS controller processes the assigned task batch with the optimal strategy by referring to the parameter sets stored in the portion of memory (S107) based on the status of control target… If further shipping orders are added to WMS, then the above processes are conducted repeatedly”.
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to have modified the inventory turn-over in Ferrara to include the status limitations as taught by Yoshitake. The motivation for doing this would have been to improve the method of confirming that a retail merchandising fixture is in compliance with a specified configuration in Ferrara (see par. 0002) to efficiently include the results of optimal control strategy for the assigned task batches (see Yoshitake par. 0019).
Referring to Claim 4, Ferrara in view of Yu in view of Hou in view of Yoshitake teaches the system of claim 3. Ferrara teaches the rate of inventory turn-over of the store (see par. 0035), but Ferrara does not explicitly teach:
wherein the server is further configured to provide time-based alerts to at least one of the at least one administrative account or the at least one retail account based at least in part on the shipping status information for the particular retail display.
However Yoshitake teaches:
wherein the server is further configured to provide time-based alerts to at least one of the at least one administrative account or the at least one retail account based at least in part on the shipping status information for the particular retail display (Yoshitake, [0019]), “the Warehouse Management System (WMS) receives shipping orders from facilities related to the item transactions such as retail stores and host systems (S101). Such a plurality of orders can be received in real time, or can be accumulated (e.g., as a backlog from overnight orders) in accordance with the desired implementation. Further, sequential orders that are received can be processed sequentially in accordance with the desired implementation. In example implementations described herein, a plurality of task batches are created in response to fulfill to the plurality of orders, whereupon the robots of the environment cooperatively process the plurality of task batches. These shipping orders are aggregated to a task batch for every period of time or per every number of orders (S102)”
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to have modified the inventory turn-over in Ferrara to include the status limitations as taught by Yoshitake. The motivation for doing this would have been to improve the method of confirming that a retail merchandising fixture is in compliance with a specified configuration in Ferrara (see par. 0002) to efficiently include the results of optimal control strategy for the assigned task batches (see Yoshitake par. 0019).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jones et al. (US 20170039512 A1) – Methods and systems of locating overstock items at a retail sales facility include receiving an indication that a product at the retail sales facility is out of stock and determining whether the product is located on a sales floor or in the stock room at the retail sales facility; then, in response to a determination that the product is not located on the sales floor or in the stock room, tracking a location of the product based on at least one inventory management factor associated with the retail sales facility and at least one worker task event associated with the product; and outputting to a worker at the retail sales facility, based on the tracking of the location of the at least one product, an indication of a perceived location of the least one product.
Wurman et al. (Replenishing a Retail Facility) - A system includes storage shelves and display shelves at a retail facility. The system also includes a management module operable to determine to replenish a display shelf with an inventory item stored by a storage shelf. The management module is also operable to coordinate movement of mobile drive units to replenish the display shelf with the inventor}' item at an inventory restocking station. The system also includes a first mobile drive unit and a second mobile drive unit. The first mobile drive unit is operable to receive first instructions from the management module to transport the display shelf to the inventory restocking station. The second mobile drive unit is operable to receive second instructions from the management module to transport the storage shelf to the inventory restocking station. At the inventory restocking station, the display shelf receives the inventory item.
Goel et al. (Planogram Design Analytics using Image Processing) – A planogram is a tool for visual merchandising of retail stores. It displays a detailed view of the retail store with the major intent for product placement. The planogram is highly useful for examining the point of sale as it demonstrates the exact positioning of products. Two major benefits are there for building planograms while planning the store layout such as maximizing sales and space of the retail store. The proposed planogram design analytics system is implemented using real data. The customer had tested the system as per different cases. The feedback obtained from them confirms that the system meets the requirements to their satisfaction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Crystol Stewart whose telephone number is (571)272-1691. The examiner can normally be reached 9:00am-5:00pm.
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, Patty Munson can be reached at (571)270-5396. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CRYSTOL STEWART/Primary Examiner, Art Unit 3624
Prosecution Insights