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 .
Claim Rejections - 35 USC § 102
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The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 7-11 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vera et al. (2015/0124088).
Regarding claim 1, Vera discloses a 1.A non-transitory computer-readable medium including instructions that when executed by a processor cause the processor to perform a method for image processing based on image data analysis (see abstract, fig.1, fig.3, element 104, paragraphs [0009], [0012] and description) the method comprising: fixedly mounting on a first retail shelving unit at least one first housing comprising at least one image capture device, such that an optical axis of the at least one image capture device is directed to a second retail shelving unit (see abstract, fig.1, fig.3, elements 102a, 102b, IP Camera, paragraphs [0009], [0012], [0039] and description); fixedly mounting on the first retail shelving unit a second housing at a location spaced apart from the at least one first housing, wherein the second housing comprises at least one processor (see abstract, fig.1, fig.3, elements 102a, 102b, IP, IP Camera, paragraphs [0009], [0012], [0039] and description); extending at least one data conduit between the at least one first housing and the second housing (see abstract, fig.1, fig.3, elements IP, IP Camera, paragraphs [0009], [0012], [0039] and description); capturing images of the second retail shelving unit using the at least one image capture device contained in the at least one first housing (see abstract, fig.1, fig.3, elements 102a, 102b, IP, IP Camera, paragraphs [0009], [0012], [0039] and description); transmitting at least some of the captured images from at least one first housing to the second housing via the at least one data conduit (see abstract, fig.1, fig.3, elements IP, IP Camera, paragraphs [0009], [0012], [0039] and description); transmitting at least some of the captured images from the second housing to a remote server configured to determine planogram compliance relative to the second retail shelving unit (see abstract, fig.1, fig.3, elements IP, 302, 304/306 paragraphs [0009], [0012], [0039], [0045-0046] and description).
Regarding claim 2, Vera further discloses wherein the mounting of the first housing on the first retail shelving unit comprises placing the first housing on a side of a store shelf facing the second retail shelving unit (see abstract, fig.1, fig.3, elements IP Camera, 102a, 102b, paragraphs [0009], [0012], [0039] and description).
Regarding claim 3, Vera further discloses wherein the mounting of the first housing on the first retail shelving unit comprises placing the first housing in a slit between two adjacent horizontal shelves (see abstract, fig.1, element 104, fig.3, elements IP Camera, 102a, 102b, paragraphs [0009], [0012], [0039] and description).
Regarding claim 7, Vera further discloses wherein the second housing is fixedly mounted on the retail shelving unit on the same side of the store shelf as the first housing (see abstract, fig.1, elements IP Camera, 102a-c, 104, paragraphs [0012], [0039] and description).
Regarding claim 8, Vera further discloses wherein the second housing is fixedly mounted on the retail shelving unit on a different side of store shelf than the side first housing (see abstract, fig.1, elements IP Camera, 102b-c, 104, paragraphs [0004-0006], [0012], [0039] and description).
Regarding claim 9, Vera further discloses wherein the extending of the at least one data conduit between the at least one first housing and the second housing further comprises adjusting the length of data conduit to enable that at least one first housing to be mounted separately from the second housing (see abstract, fig.1, fig.3, elements IP, IP Camera, paragraphs [0009], [0012], [0039] and description).
Regarding claim 10, Vera further discloses wherein the captured images of the second retail shelving unit via the at least one image capture device located in the first housing further comprises periodically capturing images of products located on the second retail shelving unit(see abstract, fig.1, fig.3, elements 102b, IP, IP Camera, paragraphs [0009], [0012], [0039] and description).
Regarding claim 11, Vera further discloses wherein the captured images of the second retail shelving unit via the at least one image capture device located in the first housing further comprises capturing images after receiving a trigger from at least one additional sensor(see abstract, fig.1, fig.3, elements 102a, 102b, IP, IP Camera, paragraphs [0009], [0012], [0039] and description).
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 4-6 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Vera et al. (2015/0124088) in view of Bonner et al. (2013/0176398).
Regarding claim 4, Vera discloses all the subject matter described above, except for at least one projector. However, Bonner discloses shelf modules with projectors wherein the at least one image capture device located in the at least one first housing comprises at least one projector such that light patterns projected by the at least one projector are directed to the second retail shelving unit (see abstract, fig.3, element 120, fig.4, elements 121a-c, paragraph [0013-0014], [0037-0038] and its description). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the projector system disclosed by Bonner to mount on shelves and added functions to improve the quality of display shelves at the point of sale.
Regarding claim 5, Bonner further comprising at least one projector, wherein the mounting of the at least one projector to the first retail shelving unit is at a selected distance to the first housing where the at least one image capture device is located (see abstract, fig.3, element 120, fig.4, elements 121a-c, paragraphs [0013-0014], [0037-0038] and its description).
Regarding claim 6, Bonner further discloses wherein the selected distance of the at least one projector and the at least one image capture device is between 5 cm and 40 cm (see abstract, fig.4, elements 121a-c, paragraphs [0014], [0037-0038] and its description).
Regarding claim 12, Bonner further discloses wherein determining planogram compliance relative to the second retail shelving unit may include determining at least one characteristic of planogram compliance based on detected differences between at least one planogram and an actual placement of a plurality of product types on the second retail shelving unit (see abstract, fig.4, elements 121a-c, paragraphs [0014], [0037-0038] and its description).
Regarding claim 13, Bonner further discloses wherein at least one characteristic of planogram compliance comprises product facing (see abstract, fig.4, elements 121a-c, paragraphs [0014], [0037-0038] and its description).
Regarding claim 14, Bonner further discloses at least one characteristic of planogram compliance comprises product placement (see abstract, fig.4, elements 121a-c, paragraphs [0014], [0037-0038] and its description).
Regarding claim 15, Bonner further discloses wherein at least one characteristic of planogram compliance comprises price correlation (see abstract, fig.4, elements 121a-c, paragraphs [0014], [0037-0038] and its description).
Regarding claim 16, Bonner further discloses wherein at least one characteristic of planogram compliance comprises promotion execution (see abstract, fig.4, elements 121a-c, paragraphs [0014], [0037-0038] and its description).
Regarding claim 17, Bonner further discloses wherein at least one characteristic of planogram compliance comprises product homogeneity (see abstract, fig.4, elements 121a-c, paragraphs [0014], [0037-0038] and its description).
Regarding claim 18, Bonner further discloses wherein at least one characteristic of planogram compliance comprises restocking rate (see abstract, fig.4, elements 121a-c, paragraphs [0014], [0037-0038] and its description).
Regarding claims 19-20 recite limitations substantially similar to claim 1. Therefore, these claims were rejected for similar reasons as stated above.
Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Conclusion
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/
Primary Examiner, Art Unit 2647
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