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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed applications, Applications No. 17362261, 17455903, 18366155 and 18476425, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The claimed invention is directed to the embodiment of FIG. 57 directed to an apparatus comprising: a base 5702 having a platform 202 configured for placement of one or more items on a surface of the platform; a frame 206 coupled to the base; and a plurality of camera units 5704 coupled to the frame, wherein each camera unit of side-view camera units comprises two vertically stacked cameras, and wherein an overhead-view camera unit comprises two cameras. This embodiment is not described in the prior-filed applications.
Accordingly, claims 1-9 and 13-19 are not entitled to the benefit of the prior applications.
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.
Claim(s) 1-7 and 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Datar et al (US 20220414399).
As to claim 1, Datar discloses an apparatus (FIG. 2) comprising:
a base having a platform configured for placement of one or more items on a surface of the platform (FIG. 2, a base having platform 128);
a frame coupled to the base (FIG. 2, frame structure 210); and
a plurality of camera units coupled to the frame (FIG. 2, camera units 122/124), wherein:
each camera unit is configured to capture images of at least a portion of the platform (FIG. 2 and [0108]); and
the plurality of camera units comprises:
a plurality of side-view camera units arranged above a plane of the platform along a horizontal plane (FIG. 2, side camera units 122a/124a-122e/124e), wherein each camera unit of the side-view camera units comprises two (FIG. 2, camera 122 and camera 124) and is configured to capture perspective images of at least a portion of the platform (FIG. 2 and [0109]); and
an overhead-view camera unit positioned over the platform (FIG. 2, camera unit 122f/124f), wherein the overhead-view camera unit comprises two cameras (FIG. 2, camera 122f and camera 124f) and is configured to capture top view images of the platform (FIG. 2 and [0111]).
Datar fails to explicitly disclose that the two cameras are vertically stacked.
However, it would have been an obvious design choice to one of ordinary skills in the art before the effective filing date of the claimed invention to vertically stack the two cameras since it involves only routine skills. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). See MPEP 2144.04.VI.C Rearrangement of Parts.
As to claim 2, Datar further discloses wherein the plurality of side-view camera units comprises five side-view camera units arranged above the platform along the horizontal plane (Datar; FIG. 2, camera units 122a/124a-122e/124e).
As to claim 3, Datar further discloses wherein the five side-view camera units comprise:
two left-side camera units positioned on a first side of the apparatus (Datar; FIG. 2, camera units 122a/124a-122b/124b);
two right-side camera units positioned on a second side of the apparatus (Datar; FIG. 2, camera units 122d/124d-122e/124e); and
a rear camera unit positioned on a rear of the apparatus (Datar; FIG. 2, camera unit 122c/124c).
As to claim 4, Datar further discloses wherein each particular camera unit of the plurality of camera units is oriented such that a center point of an image of the platform captured by the particular camera unit overlaps with a position on the platform pre-selected for the particular camera unit (Datar; FIG. 2).
As to claim 5, Datar further discloses wherein each particular camera unit of the plurality of camera units is oriented such that a field of view of the cameras within the particular camera unit comprises a pre-selected area of interest, wherein the pre-selected area of interest comprises at least a portion of the platform (Datar; FIG. 2, item 102).
As to claim 6, Datar further discloses wherein each camera unit is attached to the frame (Datar; FIG. 2).
As to claim 7, Datar further discloses wherein each of one or more of the camera units is attached to an arm of the frame (Datar; FIG. 2), wherein: the arm comprises a metal member angled inward towards the platform (Datar; FIG. 2; see [0115]); the camera unit is attached to the metal member (Datar; FIG. 2); and the metal member is angled such that the camera unit attached to the metal member has a pre-selected orientation (Datar; FIG. 2).
As to claim 13, Datar discloses an apparatus (FIG. 2) comprising:
a base having a platform configured for placement of one or more items on a surface of the platform (FIG. 2, a base having platform 128);
a frame coupled to the base (FIG. 2, frame structure 210); and
a plurality of camera units coupled to the frame (FIG. 2, camera units 122/124), wherein:
each camera unit is configured to capture images of at least a portion of the platform (FIG. 2 and [0108]); and
the plurality of camera units comprises:
five side-view camera units arranged above a plane of the platform along a horizontal plane (FIG. 2, camera units 122a/124a-122e/124e), wherein each camera unit of the side-view camera units comprises two (FIG. 2, camera 122 and camera 124) and is configured to capture perspective images of at least a portion of the platform (FIG. 2 and [0109]), wherein the five side-view camera units comprise:
two left-side camera units positioned on a first side of the apparatus (FIG. 2, camera units 122a/124a-122b/124b);
two right-side camera units positioned on a second side of the apparatus (FIG. 2, camera units 122d/124d-122e/124e); and
a rear camera unit positioned on a rear of the apparatus (FIG. 2, camera unit 122c/124c); and
an overhead-view camera unit positioned over the platform (FIG. 2, camera unit 122f/124f), wherein the overhead-view camera unit comprises two cameras (FIG. 2, camera 122f and camera 124f) and is configured to capture top view images of the platform (FIG. 2 and [0111]).
Datar fails to explicitly disclose that the two cameras are vertically stacked.
However, it would have been an obvious design choice to one of ordinary skills in the art before the effective filing date of the claimed invention to vertically stack the two cameras since it involves only routine skills. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). See MPEP 2144.04.VI.C Rearrangement of Parts.
As to claims 14-17, claims 14-17 recite the same features as those recited in claims 4-7, respectively, and are therefore rejected for the same reasons as used in rejecting claims 4-7.
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Datar et al (US 20220414399) in view of Pettersson et al (US 20170227355).
As to claim 8, Datar further discloses further comprising: a controller housed within the apparatus (see [0058], the imaging device 120 and the server 140 including the processor 142 may be integrated within a single device), wherein the controller is configured to process images captured by the cameras associated with the camera units (see [0063]);
wherein each camera unit is connected to the controller (FIGS. 1-2 and [0058]).
Datar fails to explicitly disclose that the controller is housed within the base; and that each camera unit is connected to the controller via at least one wire that runs from the camera unit to the controller through a channel integrated into the frame.
However, Pettersson teaches the controller is housed within the base (FIG. 2, control unit 38); and
each camera unit is connected to the controller via at least one wire that runs from the camera unit to the controller through a channel integrated into the frame (see [0037]).
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skills in the art to modify Datar using Yang’s teachings to house the controller within the base; and connect each camera unit to the controller via at least one wire that runs from the camera unit to the controller through a channel integrated into the frame in order to provide a more compact measuring machine (Pettersson; [0010]).
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Datar et al (US 20220414399) in view of Yang et al (US 20220343308).
As to claim 9, Datar fails to explicitly disclose further comprising: a removable hood configured to be placed on top of the frame, wherein the removable hood, when placed on top of the frame, reduces ambient light on the platform.
However, Yang teaches a removable hood configured to be placed on top of the frame, wherein the removable hood, when placed on top of the frame, reduces ambient light on the platform (FIG. 1A, top portion 100).
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skills in the art to modify Datar using Yang’s teachings to include a removable hood configured to be placed on top of the frame, wherein the removable hood, when placed on top of the frame, reduces ambient light on the platform in order to improves the user's ability to ensure accurate item identification (Yang; [0010]).
As to claim 19, claim 19 recites the same features as those recited in claim 9 and is therefore rejected for the same reasons as used in rejecting claim 9.
Response to Arguments
Applicant's arguments filed on 12/19/2025 have been fully considered but they are not persuasive.
Applicant argues that Datar is not a valid reference under 35 U.S.C 102(a) or 102(b) … both Datar and the present application have the same effective filing date of June 29, 2021.
The examiner respectfully disagrees. As explained in the Priority section of the non-final office action [which was completely ignored by Applicant], the instant claims are not entitled to the benefit of the prior applications. The instant application is a CIP of the prior-filed applications. The claimed invention is directed to the newly added embodiment of FIG. 57 directed to an apparatus comprising: a base 5702 having a platform 202 configured for placement of one or more items on a surface of the platform; a frame 206 coupled to the base; and a plurality of camera units 5704 coupled to the frame, wherein each camera unit of side-view camera units comprises two vertically stacked cameras, and wherein an overhead-view camera unit comprises two cameras. None of the prior-filed applications disclose the claimed embodiment of FIG. 57. Applicant failed to show that the claimed embodiment (FIG. 57) is described in the prior-filed applications. The effective filing date of the instant claims is 09/30/2024. Therefore, Datar is a valid reference.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOUBACAR ABDOU TCHOUSSOU whose telephone number is (571)272-7625. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Kelley can be reached at 5712727331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOUBACAR ABDOU TCHOUSSOU/Primary Examiner, Art Unit 2482