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 .
DETAILED ACTION
This office action is in response to communication filed on 10/7/2024.
Claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/07/2024 is being considered by the examiner.
Double Patenting
The non-statutory 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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,474,987, 11,556,889 and 12,136,062. Although the claims at issue are not identical, they are not patentably distinct from each other. For example:
Claim 1 of the present application recites:
A household inventory management system comprising: a multi-compartment storage system having a plurality of storage spaces and sets of distinct storage surfaces within the plurality of storage spaces, respectively, for placing temporarily stored items; and an object recognition system that includes a plurality of scanning devices disposed within each storage space of the plurality of storage spaces, respectively, for monitoring the sets of distinct storage surfaces, and a controller that monitors locations of the temporarily stored items within the sets of distinct storage surfaces; wherein the controller generates an inventory manifest of the plurality of storage spaces that includes the temporarily stored items within the sets of distinct storage surfaces, the locations of the temporarily stored items, and locations of available spaces within the sets of distinct storage surfaces of the plurality of storage spaces; in response to identifying a recommended recipe having a set of ingredients, the controller compares the inventory manifest with the set of ingredients; and in response to at least one item of the set of ingredients being absent from the inventory manifest, the controller generates a shopping list of the at least one item.
Claim 1 of U.S. Patent No. 10,474,987 recites:
A refrigerating appliance comprising:
a cabinet having an inner liner that defines at least one aperture for accessing a corresponding refrigerating compartment;
at least one door operably coupled to the cabinet and operable between open and closed positions, the open position defined by the refrigerating compartment being accessible through the at least one aperture, the closed position being defined by the at least one door engaging at least a portion of the at least one aperture;
a plurality of storage surfaces and a plurality of shelves positioned within the refrigerating compartment, each of the plurality of storage surfaces and each of the plurality of shelves adapted to receive at least one temporarily stored item, wherein each shelf of the plurality of shelves are defined by a unitary U-shaped shelf; and
a scanning apparatus positioned within a top portion of the refrigerating compartment, adjacent the at least one door and over a center of each shelf of the plurality of shelves, and adapted to record data related to the plurality of storage surfaces and the at least one temporarily stored item, wherein the scanning apparatus conducts separate first and second data capturing phases, and wherein secondary data recorded during the second data capturing phase is compared, by a processor, against previous data recorded during the first data capturing phase to create, by the processor, a current inventory manifest, and wherein the current inventory manifest is compared, by the processor, with a set of predetermined parameters related to the at least one temporarily stored tern to selectively provide an output, by the processor, wherein the output includes a culinary recipe related to the at least one temporarily stored item when the temporarily stored item meets a predetermined visual spoilage criteria of the predetermined set of parameters.
Claim 12 of the present application recites:
A household inventory management system comprising: a plurality of storage spaces that can be selectively enclosed and that include sets of storage surfaces for placing temporarily stored items, wherein the temporarily stored items define an inventory manifest of the plurality of storage spaces, wherein the plurality of storage spaces includes at least one refrigerating appliance and at least one storage cabinet located within a building structure; and an object recognition system that includes respective scanning devices for each storage space of the plurality of storage spaces, wherein the respective scanning devices are operated by a controller to monitor the sets of storage surfaces of the plurality of storage spaces and the temporarily stored items of the inventory manifest, wherein the respective scanning devices detect and monitor available spaces within the sets of storage surfaces of the plurality of storage spaces, respectively, to form the inventory manifest, wherein the inventory manifest includes the available spaces within the sets of storage surfaces, wherein the controller generates the inventory manifest of the plurality of storage spaces that includes the temporarily stored items within the sets of storage surfaces, locations of the temporarily stored items, and locations of the available spaces within the sets of storage surfaces of the plurality of storage spaces, wherein in response to identifying a recommended recipe having a set of ingredients, the controller compares the inventory manifest with the set of ingredients of the recommended recipe; the controller generates a shopping list for the temporarily stored items that are depleted and are included in the set of ingredients; and in the event the inventory manifest does not include at least one item of the set of ingredients, the controller adds the at least one item to the shopping list.
Claim 18 of the present application recites:
A household inventory management system comprising: sets of storage surfaces for placing temporarily stored items, wherein the temporarily stored items define an inventory manifest of the sets of storage surfaces, wherein the sets of storage surfaces are located within a plurality of stationary storage spaces, respectively; and an object recognition system that includes respective scanning devices for monitoring each storage surface of the sets of storage surfaces, wherein the respective scanning devices are operated by a controller to monitor the sets of storage surfaces, the temporarily stored items of the inventory manifest, and available spaces of the sets of storage surfaces that are located between the temporarily stored items of the inventory manifest, wherein the controller generates the inventory manifest of the plurality of stationary storage spaces that includes the temporarily stored items within the sets of storage surfaces, locations of the temporarily stored items, and locations of the available spaces within the sets of storage surfaces of the plurality of stationary storage spaces, wherein in response to identifying a recommended recipe having a set of ingredients, the controller compares the inventory manifest with the set of ingredients of the recommended recipe; the controller also includes a set of menu restrictions for users of the object recognition system, and wherein the controller recommends ingredient substitutions for the set of ingredients of the recommended recipe based on the menu restrictions; the controller generates a shopping list for the temporarily stored items that are depleted and are included in the set of ingredients and the ingredient substitutions; and in the event the inventory manifest does not include at least one item of the set of ingredients and the ingredient substitutions, the controller adds the at least one item to the shopping list.
Claim 1 of U.S. Patent No. 11,556,889 recites:
A multi-compartment storage system comprising: a first storage device having a first set of storage surfaces for placing temporarily stored items; a second storage device having a second set of storage surfaces for placing the temporarily stored items, wherein the first storage device and the second storage device are separate compartments of a single appliance; and
an object recognition system that includes a first scanning apparatus of the first storage device, a second scanning apparatus of the second storage device, an external scanner for identifying a moved temporarily stored item and a controller that monitors locations of the temporarily stored items within the first and second sets of storage surfaces; wherein the first scanning apparatus and the second scanning apparatus also detect and monitor available space within the first set and the second set of storage surfaces, respectively;
the available space is characterized by open areas between the temporarily stored items within which the moved temporarily stored item can be located; the moved temporarily stored item is located outside of the first and second storage devices; upon a request for locating the moved temporarily stored item within the available space within one of the first and second storage devices,
the controller and the first scanning apparatus and the second scanning apparatus are configured to cooperatively provide a storage recommendation for locating the moved temporarily stored item from outside the first and second storage devices to within a recommended storage surface of the first and second sets of storage surfaces; and
the storage recommendation is based upon an identity of the moved temporarily stored item as determined by the external scanner and the controller and the available space within the first set and the second set of storage surfaces.
Claim 1 of U.S. Patent No. 12,136,062 recites:
A household inventory management system comprising:
a multi-compartment storage system having a plurality of storage spaces and sets of distinct storage surfaces within the plurality of storage spaces, respectively, for placing temporarily stored items; and
an object recognition system that includes a plurality of scanning devices disposed within each storage space of the plurality of storage spaces, respectively, for monitoring the sets of distinct storage surfaces, and an external scanner for identifying a moved temporarily stored item and a controller that monitors locations of the temporarily stored items within the sets of distinct storage surfaces; wherein
the plurality of scanning devices also detect and monitor available spaces within the sets of distinct storage surfaces of the plurality of storage spaces;
the available spaces are characterized by open areas of the sets of distinct storage surfaces between the temporarily stored items within which the moved temporarily stored item can be located, without modifying a configuration of the sets of distinct storage surfaces within the plurality of storage spaces; and
the controller generates an inventory manifest of the plurality of storage spaces that includes the temporarily stored items within the sets of distinct storage surfaces, the locations of the temporarily stored items, and locations of the available spaces within the sets of distinct storage surfaces of the plurality of storage spaces.
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 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zsigmond et al. (U.S. Patent Publication No. 2006/0178947), in view of Ringham (U.S. Patent Publication No. 2009/0083327).
Regarding claim 1, Zsigmond teaches a household inventory management system comprising:
a multi-compartment storage system having a plurality of storage spaces and sets of distinct storage surfaces within the plurality of storage spaces, respectively, for placing temporarily stored items; (the system can read or scan product information located on or in item tags for items stored, or that are in the process of being stored, inside a refrigerator and/or stored in different household locations including shelves, cabinets, dry storage rooms, pantries, automobile trunks, [33], perishable items are often densely packed into a refrigerated storage unit, [5]);
and an object recognition system that includes a plurality of scanning devices disposed within each storage space of the plurality of storage spaces, respectively, for monitoring the sets of distinct storage surfaces, (a scanning system can optionally include one or more of an optical barcode scanner, an RFID (radio frequency identifier) scanner, a character recognition scanner, a camera, and/or other scanner types, [25], or example, one or more scanners, such as an RFID scanner can be placed in, or adjacent to a home refrigerator, as well as on or in proximity with food storage shelves and/or cabinets, [34], process of being stored, inside a refrigerator and/or stored in different household locations including shelves, cabinets, dry storage rooms, pantries, [33]) and
a controller that monitors locations of the temporarily stored items within the sets of distinct storage surfaces; (The physical configuration of the refrigerator storage areas can be stored in computer local or remote physical memory, [49], which storage locations are occupied, and which locations are available for additional storage, [50]);
wherein the controller generates an inventory manifest of the plurality of storage spaces that includes the temporarily stored items within the sets of distinct storage surfaces, the locations of the temporarily stored items, and locations of available spaces within the sets of distinct storage surfaces of the plurality of storage spaces; (the scanning system scans item tags and optionally stores some or all of the scanned information in a computer readable data store such as database [32].. a user can then view some or all of the stored information via a display coupled to the scanning system, [32] , which storage locations are occupied, and which locations are available for additional storage, [50]);
in response to identifying a recommended recipe having a set of ingredients, the controller compares the inventory manifest with the set of ingredients; (The system can compare the available products or contents (e.g., those stored in the refrigerator and/or in other storage locations) with stored recipes, [45] and (The system will optionally suggest the reordering of products based on one or more of expiration dates, [41], “expired” control is provided, which, when activated, causes the system to display and/or printout a list of expired items and their locations, [52], The search results can include a list of the matches or near matches, the quantity of the matching and near matching items, and their storage locations., [53], At state 404, the system retrieves a user preference regarding when an order should be generated relative to at least item expiration dates, [72], shopping list, [76].
Zsigmond substantially discloses the claimed invention, however, does not explicitly disclose in response to at least one item of the set of ingredients being absent…the controller generates a shopping list of the at least one item. Zsigmond teaches at state 404, the system retrieves a user preference regarding when an order should be generated relative to at least item expiration dates, [72], shopping list, [76].
However, Ringham teaches the menu planner includes a grocery list generator. When the grocery list is selected all ingredients necessary to prepare the meal are identified, abstract. A person opens the recipe book to determine the required ingredients, checks their inventory of ingredients and makes a list of the ingredients they don't have in stock, [2].
It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention, to modify the method as disclosed by Zsigmond to include limitations as taught by Ringham in order to provide the shopping list 105 to a delivery store 100 for automatic ordering, (Ringham, [7]).
Regarding claim 12, similar rejections apply as in Claim 1 above. Additionally, Zsigmond teaches the plurality of storage spaces includes at least one refrigerating appliance and at least one storage cabinet, (refrigerator, cabinet, Fig. 2)
scanning devices detect and monitor available spaces within the sets of storage surfaces, (compare product dimensions and/or weight with the refrigerator or shelf configuration and/or available locations, [52]),
the controller generates stored items that are depleted and are included in the set of ingredients, (a weight change detected via a weight sensor, [36] – (allows system to determine when an item has been consumed).
Zsigmond does not explicitly teach generating a shopping list tied to recipe ingredients. However, Ringham teaches the menu planner includes a grocery list generator… When the grocery list is selected all ingredients necessary to prepare the meal are identified, abstract. It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention, to modify the method as disclosed by Zsigmond to include limitations as taught by Ringham in order to provide the shopping list 105 to a delivery store 100 for automatic ordering, (Ringham, [7]).
Regarding claim 2, 15, Zsigmond teaches the plurality of scanning devices also detect and monitor the available spaces within the sets of distinct storage surfaces of the plurality of storage spaces, and wherein the recommended recipe is determined based upon temporarily stored items that are at least one of nearing depletion or nearing a respective spoliation date, (the system can compare product dimensions and/or weight with the refrigerator or shelf configuration and/or available locations, and using the comparison results,[52], replace a product before the expiration date gathered through products tags, [48].
Regarding claim 3, 16, Zsigmond teaches the controller updates the available spaces to include available spaces that are to be gained by preparing the recommended recipe that is based upon the temporarily stored items that are at least one of nearing depletion or nearing the respective spoliation date, (shelf configuration and/or available locations, and using the comparison results, suggest where a product or products should be placed via a user interface, [52]).
Regarding claim 4, 17, Zsigmond teaches the controller updates the shopping list to include items that will be stored in the available spaces that are to be gained, (suggest the reordering of products based on one or more of expiration dates, consumption patterns, delivery schedules, current household item inventory, [41]).
Regarding claim 5, Zsigmond teaches the controller includes menu restrictions of members of a residence, and wherein the controller determines the recommended recipe based on the inventory manifest and the menu restrictions, (the user can specify that the user prefers foods having a certain characteristic or that are in a certain category, such as vegetarian, low fat, low sodium, and/or kosher food products., [28]).
Regarding claims 6, Zsigmond the controller applies a multiplier to the set of ingredients of the recommended recipe, wherein the multiplier is applied to the set of ingredients to match a desired number of individuals, (the system can store and/or calculate from stored information, recipe ingredient quantity information for different serving sizes, [43]).
Regarding claims 7, Zsigmond teaches the controller includes a level of cooking skill for occupants of a residence, (meal suggestion request user interface. The interface provides one or more course suggestions in response to the user selections, [74]) but does not teach the recommended recipe based on the level of cooking skill for the occupants. However, Ringham teaches integrates menus for food preparation of multiple dishes based on skill level, [4]).
Regarding claims 8, Zsigmond teaches a depletion of a temporarily stored item is monitored by the plurality of scanning devices and at least one scale that is disposed within the plurality of storage spaces, (one or more pressure sensors can be coupled to one or more shelves to detect if the shelve has an item stored, [37]).
Regarding claim 9-11, Zsigmond the plurality of storage spaces includes at least one refrigerating appliance, storage cabinet, includes a storage room, (Perishable items are often stored in refrigerated storage units, such as refrigerators, [5], different household locations including shelves, cabinets, dry storage rooms, pantries, automobile trunks, [33].
Regarding claims 13, Zsigmond teaches the controller includes a set of menu restrictions for users of the object recognition system, and wherein the controller recommends ingredient substitutions for the set of ingredients of the recommended recipe based on the menu restrictions, (meal preferences for one or more users, [27]).
Regarding claims 14, Zsigmond teaches the ingredient substitutions are also based on the temporarily stored items included within the inventory manifest, (meal suggestion based at least in part on preference information for the first user and item tag information, [10]).
Claims 18-20, contain allowable subject matter. The prior art does not teach “recommending ingredient substitutions based on menu restrictions”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILENA RACIC whose telephone number is (571)270-5933. The examiner can normally be reached M-F 7:30am-4pm EST.
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/MILENA RACIC/Patent Examiner, Art Unit 3627
/FLORIAN M ZEENDER/Supervisory Patent Examiner, Art Unit 3627