Prosecution Insights
Last updated: May 29, 2026
Application No. 18/935,524

DYNAMIC INVENTORY TRACKING AND DISPENSING SYSTEM

Non-Final OA §103
Filed
Nov 02, 2024
Priority
Nov 02, 2023 — provisional 63/595,715
Examiner
CRAWLEY, TALIA F
Art Unit
3627
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Itsware Inc.
OA Round
1 (Non-Final)
48%
Grant Probability
Moderate
1-2
OA Rounds
2y 0m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
401 granted / 831 resolved
-3.7% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
35 currently pending
Career history
892
Total Applications
across all art units

Statute-Specific Performance

§101
8.5%
-31.5% vs TC avg
§103
64.1%
+24.1% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 831 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Drawings The drawings as submitted by Applicant on 11/02/2024 have been accepted. 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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kimmel et al (US 11,861,444 B1) in view of Elizondo II (US 2016/0379022). Regarding claim 1, the prior art discloses a dynamic inventory tracking and dispensing system, comprising: a cabinet comprising: a body formed with radio-frequency-rejecting walls, a door having a locked configuration and an unlocked configuration (see column 7 line 65- column 8 line 5 to Kimmel et al, wherein for controlled substances, a cabinet can be outfitted with a door-open sensor and user badge detection to provide an automatic locking and unlocking mechanism. When a user badge is detected, the user badge can be associated with an item (e.g., bin or consumable) removal or return event. User badges may also grant access and log retrieval and return of controlled or secured items), a near field communication (NFC) reader, an internal radio frequency identification (RFID) scanner, and a computing device in communication with said NFC reader and said RFID scanner and having a local database (see at least column 8, lines 10-15 to Kimmel et al); a mobile pass readable by the NFC reader of the cabinet; one or more items, each item having an RFID tag (see at least column 6, lines 12-19 to Kimmel et al); and a server having a database in communication with the local database and configured for tracking a status of each of the one or more items (see at least column 10, lines 9-10 to Kimmel et al, wherein the at least one server computing device 104 may be in communication with at least one database 114), wherein the computing device within the cabinet is configured to read the mobile pass with the NFC reader, unlock the door in response to reading the mobile pass, wait for the door to be closed, lock the door, scan contents of the cabinet with the internal RFID scanner to identify items of the one or more items that have been removed from the cabinet or returned into the cabinet, update the local database, and notify the server of items that have been removed or returned, wherein the server updates the status of the items that have been removed to a checked-out status and associates them with the mobile pass, and wherein the server updates the status of the items that have been returned to a checked-in status (see at least column 6, lines 1-34 to Kimmel et al). Kimmel discloses wherein electromagnetic shielding may be used around the bin perimeter to preclude detection of items in adjacent bins or bin tags, but does not explicitly disclose wherein the cabinet has radio frequency rejecting walls. Elizondo II discloses a medications tracking system and method using hybrid isolated magnetic dipole probe, wherein a cabinet comprising: a body formed with radio-frequency-rejecting walls (see at least paragraph [0100] to Elizondo II, wherein the enclosure is formed of a metallic mesh or other EM shielding material to provide an EM shielded cage about trays that are slid within it for scanning and inventorying. The front door in this embodiment is also formed of an RF shielding material). The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The examiner submits that the combination of the teaching of the automated inventory tracking system and method, as disclosed by Kimmel et al and the medications tracking system and method using hybrid isolated magnetic dipole probe as taught by Elizondo II, in order to streamline inventory tracking using a cabinet system, could have been readily and easily implemented, with a reasonable expectation of success. As such, the aforementioned combination is found to be obvious to try, given the state of the art at the time of filing. Regarding claim 2, the prior art discloses the dynamic inventory tracking and dispensing system of claim 1, wherein the cabinet further comprises an offline database configured to track the status of each of the one or more items when communication with the server is interrupted (see at least column 10, lines 9-10 to Kimmel et al, wherein the at least one server computing device 104 may be in communication with at least one database 114). Regarding claim 3, the prior art discloses the dynamic inventory tracking and dispensing system of claim 1, further comprising a mobile app in communication with the server and capable of displaying the status of the one or more items (see at least column 7, lines 8-15 to Kimmel et al, wherein the automated inventory tracking system may utilize an automated inventory tracking application that may provide a cloud-based portal and a client application that may include a mobile scanning/tracking application component). Regarding claim 4, the prior art discloses the dynamic inventory tracking and dispensing system of claim 1, further comprising a web app in communication with the server and capable of displaying the status of the one or more items (see at least column 10, lines 11-21 to Kimmel et al, wherein the automated inventory tracking application 112 may be a single unit of deployable executable code or a plurality of units of deployable executable code. According to one aspect, the automated inventory tracking application 112 may include one component that may be a web application). Regarding claim 5, the prior art discloses the dynamic inventory tracking and dispensing system of claim 1, wherein the cabinet further comprises a touchscreen display integrated into the door and configured to display a scrollable list of items of the one or more items that are present in the cabinet (see at least column 11, lines 5-20, to Kimmel et al, wherein The client computing device 106 may include a display, such as a computer monitor, for displaying data and/or graphical user interfaces. The client computing device 106 may also include a Global Positioning System (GPS) hardware device for determining a particular location, an input device, such as one or more cameras or imaging devices, a keyboard or a pointing device (e.g., a mouse, trackball, pen, or touch screen) to enter data into or interact with graphical and/or other types of user interfaces). Regarding claim 6, the prior art discloses the dynamic inventory tracking and dispensing system of claim 1, wherein the server is configured to send notifications to a subscriber when an item of the one or more items is checked out or checked in (see at least column 16, lines 37-44 to Kimmel et al, wherein the method 800 may include associating the first weight and item identifier into a first information payload and transmitting, by the bin detector, of the first information payload to the server computing device 104, the server computing device further associating concurrent user information from a storage area detector and updating a status for an item as checked out by a detected user having the user identifier at block 830). Claim 7 contains recitations substantially similar to those addressed above and, therefore, are likewise rejected. Regarding claim 8, the prior art discloses the dynamic inventory tracking and dispensing system of claim 7, wherein the RFID tags associated with the items of the plurality of items are dual-frequency tags readable by a near field communication (NFC) reader on a mobile device (see at least column 14, lines 7-14 to Kimmel et al, wherein FIG. 5 is another flowchart of a method 500 of using the client application component of the automated inventory tracking application 112 according to an example of the instant disclosure. As shown in FIG. 5, a user may scan an NFC or a dual NFC/UHF tag that may be associated with an item, consumable, or user 502). Regarding claim 9, the prior art discloses the dynamic inventory tracking and dispensing system of claim 8, further comprising a mobile application operable to add new items to the database using the backend API by scanning an RFID tag on each new item (see at least column 9, lines 16-18 to Kimmel et al, wherein The user may use their client computing device to scan a bin tag and select one or more consumable/item to be added to the bin). Regarding claim 10, the prior art discloses the dynamic inventory tracking and dispensing system of claim 9, wherein the mobile application is operable to display the status associated with an item of the plurality of items (see at least column 13, lines 35-55 to Kimmel et al, wherein each of the bins 102 can dispatch events, statuses, consumable HF or UHF RFID identifier information, and consumable weight information using the APIs). Regarding claim 11, the prior art discloses the dynamic inventory tracking and dispensing system of claim 7, further comprising a web app in communication with the database and operable to display the status of items of the plurality of items (see at least column 10, lines 11-21 to Kimmel et al, wherein the automated inventory tracking application 112 may be a single unit of deployable executable code or a plurality of units of deployable executable code. According to one aspect, the automated inventory tracking application 112 may include one component that may be a web application). Regarding claim 12, the prior art discloses the dynamic inventory tracking and dispensing system of claim 7, wherein each cabinet of the one or more cabinets further comprises an integrated touchscreen display configured to display a scrollable list of items of the plurality of items that are present in the cabinet (see at least column 11, lines 5-20, to Kimmel et al, wherein The client computing device 106 may include a display, such as a computer monitor, for displaying data and/or graphical user interfaces. The client computing device 106 may also include a Global Positioning System (GPS) hardware device for determining a particular location, an input device, such as one or more cameras or imaging devices, a keyboard or a pointing device (e.g., a mouse, trackball, pen, or touch screen) to enter data into or interact with graphical and/or other types of user interfaces). Regarding claim 13, the prior art discloses the dynamic inventory tracking and dispensing system of claim 12, wherein the scrollable list of items is hidden until the cabinet is unlocked with a mobile pass of the one or more mobile passes (see column 7 line 65- column 8 line 5 to Kimmel et al, wherein for controlled substances, a cabinet can be outfitted with a door-open sensor and user badge detection to provide an automatic locking and unlocking mechanism. When a user badge is detected, the user badge can be associated with an item (e.g., bin or consumable) removal or return event. User badges may also grant access and log retrieval and return of controlled or secured items). Regarding claim 14, the prior art discloses the dynamic inventory tracking and dispensing system of claim 7, wherein each cabinet of the one or more cabinets further comprises a transparent door *the examiner submits that the applied prior art reference Elizondo II discloses wherein the cabinet has a front door (see at least paragraph [0110] to Elizondo II). The examiner submits that the material being transparent is merely a design choice that does not modify the scope of the invention or alter the inventive concept in a way that differentiates itself from the applied prior art of record and is therefore considered to be an obvious variant of the door as disclosed by the applied prior art of record. Regarding claim 15, the prior art discloses the dynamic inventory tracking and dispensing system of claim 14, wherein the door is made from a radio-frequency rejecting material (see at least paragraph [0110] to Elizondo II, wherein the front door in this embodiment is also formed of an RF shielding material). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner has considered all references listed on the Notice of References Cited, PTO-892. The examiner has considered all references cited on the Information Disclosure Statement submitted by Applicant, PTO-1449. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALIA F CRAWLEY whose telephone number is (571)270-5397. The examiner can normally be reached on Monday thru Thursday; 8:30 AM-4:30 PM EST. 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, Fahd A Obeid can be reached on 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a). Proper use of this procedure will result in such communication being considered as timely if the established date is within the required period for reply. The Certificate should be signed by the individual actually depositing or transmitting the correspondence or by an individual who, upon information and belief, expects the correspondence to be mailed or transmitted in the normal course of business by another no later than the date indicated. Certificate of Mailing I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to: Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 on __________. (Date) Typed or printed name of person signing this certificate: ________________________________________________________ Signature: ______________________________________ Certificate of Transmission by Facsimile I hereby certify that this correspondence is being facsimile transmitted to the United States Patent and Trademark Office, Fax No. (___)_____ -_________ on _____________. (Date) Typed or printed name of person signing this certificate: _________________________________________ Signature: ________________________________________ Certificate of Transmission via USPTO Patent Electronic Filing System I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office (USPTO) patent electronic filing system to the USPTO on _____________. (Date) Typed or printed name of person signing this certificate: _________________________________________ Signature: ________________________________________ Please refer to 37 CFR 1.6(a)(4), 1.6(d) and 1.8(a)(2) for filing limitations concerning transmissions via the USPTO patent electronic filing system, facsimile transmissions and mailing, respectively. /TALIA F CRAWLEY/ Primary Examiner, Art Unit 3627
Read full office action

Prosecution Timeline

Nov 02, 2024
Application Filed
May 20, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
48%
Grant Probability
74%
With Interview (+25.8%)
3y 7m (~2y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 831 resolved cases by this examiner. Grant probability derived from career allowance rate.

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