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 .
Response to Amendment
This Office Action is in response to the Amendment filed on 07/27/2026.
Status of the Claims:
Claim(s) 20, 34 and 36 has/have been amended.
Claim(s) 20-39 is/are pending in this Office Action.
Response to Arguments
Applicant's arguments filed 07/27/2026 have been fully considered but they are not persuasive.
Applicant argues that “Shearin does not teach or suggest that the 2D digital optical sensor comprises an image sensor configured to output, for each captured image, image data limited to a readout window corresponding to the viewing area (claims 20 and 34), or each of the first 2D digital image and the second 2D digital image include image data limited to a readout window corresponding to the viewing area (claim 36). Shearin teaches that the field of view is constricted by the relative narrowness of a gap 18. See Shearin, paragraph 49. Accordingly, the reduced field of view taught by Shearin is purely a physical constraint (i.e., the narrowed gap 18). There is, however, no teaching or suggestion in Shearin of limiting the actual sensor readout window of the image sensor (i.e., at capture) to the viewing area. Accordingly, claims 20, 34, and 36 are believed to be allowable over Shearin”.
Examiner respectfully disagrees, Shearin in fact does teach that the image sensor readout window is area 54 and that area 54 is the same size as the gap 18, see Figs. 3-4. Also, in Fig. 5 it clearly shows 2D frames captured by camera 42 without any physical constraints (borders or edges of the conveyor) from gap 18 as alleged by Applicant. The problem addressed in par. [0049] of Shearin is when a barcode has a larger feature size and therefore will be difficult to read. Therefore, the rejections are maintained.
Claim Rejections - 35 USC § 112
Amendment to claim 20 overcomes the 35 U.S.C. 112(b) rejection by providing proper antecedent basis for claim 31.
Terminal Disclaimer
The terminal disclaimer filed on 07/27/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 10,776,972 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
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.
(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.
Claim(s) 20-39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IDS provided reference US 2013/0292470 to Shearin et al. (hereinafter Shearin).
Regarding claim 20, Shearin teaches a system for generating a stitched image of a bottom surface of an object on a transport device having a viewing area (bottom surface of object 20 is moved from leading conveyor section 14 to trailing conveyor surface 16 passing around gap 18, see Figs. 1-3), the system comprising:
a 2D digital optical sensor configured to capture sequential 2D digital images of the bottom surface of the object as the object moves across the viewing area (camera 42 captures 2D area view 54 of the bottom of the item, see par. [0030]);
at least one controller operatively coupled to the 2D digital optical sensor and configured to perform the steps of:
a) receiving a first digital image (capture one image via camera 42, see par. [0030]);
b) receiving a second digital image (capture second image via camera 42, see par. [0030]); and
c) stitching the first digital image and the second digital image using a stitching algorithm to generate a stitched image (stitch images together, see par. [0030]),
wherein each of the sequential 2D digital images includes only a portion of the object (first and second images can include only a portion of the object, see par. [0030])
wherein the 2D digital optical sensor comprises an image sensor configured to output, for each captured image, image data limited to a readout window corresponding to the viewing area (camera 42 captures 2D area view 54 of the bottom of the item corresponding to gap 18 as can be seen in Figs. 3-5, see par. [0030]).
Regarding claim 21, Shearin teaches the system according to claim 20, wherein the at least one controller is further configured to decode a mark located within the stitched image (system decodes product barcodes, see par. [0040]).
Regarding claim 22, Shearin teaches the system according to claim 21, wherein decoding the mark includes decoding a 1D barcode or a 2D barcode (system decodes product barcodes, see pars. [0002 and 0040]).
Regarding claim 23, Shearin teaches the system according to claim 20, wherein the at least one controller is further configured to recognize text within the stitched image (other types of optical codes are contemplated, such as symbols, see par. [0005]).
Regarding claim 24, Shearin teaches the system according to claim 20, further comprising a light source configured to illuminate the object in the viewing area (cameras 42 and 44 also include illumination sources 48 and 49 shown in Fig. 3 and par. [0036]), wherein the at least one controller is coupled to the light source to control illumination from the light source (a controller is coupled to the illumination sources to control and strobe the light sources, see par. [0037]).
Regarding claim 25, Shearin teaches the system according to claim 24, wherein the at least one controller is further configured to receive a signal from a sensor, the signal indicative of a presence or an absence of the object on the transport device, and wherein the at least one controller controls the light source based on the received signal (sensor 60 can be used as an object detection and hence control the capturing of images/illumination, see par. [0055]).
Regarding claim 26, Shearin teaches the system according to claim 25, wherein the at least one controller is further configured to control acquisition of the sequential 2D digital images based on the received signal (sensor 60 can be used as an object detection and hence control the capturing of images/illumination, see par. [0055]).
Regarding claim 27, Shearin teaches the system according to claim 20, wherein the at least one controller is further configured to receive a signal from a sensor, the signal indicative of a presence or an absence of the object on the transport device, and wherein the at least one controller controls acquisition of the sequential 2D digital images based on the received signal (sensor 60 can be used as an object detection and hence control the capturing of images, see par. [0055]).
Regarding claim 28, Shearin teaches the system according to claim 20, wherein the at least one controller is further configured to receive a signal from a translation sensor associated with the transport device, the signal indicative of an estimate of object translation, and wherein the at least one controller controls acquisition of the sequential 2D digital images based on the received signal (when the sensor 60 is triggered, automated checkout stand 10 may determine an estimated time (based on
the conveyor belt speed) for item 20 to arrive at gap 18 and hence control the capturing of images/illumination, see par. [0055]).
Regarding claim 29, Shearin teaches the system according to claim 28, further comprising a light source configured to illuminate the object in the viewing area, wherein the at least one controller is coupled to the light source to control illumination from the light source based on the estimate of object translation (when the sensor 60 is triggered, automated checkout stand 10 may determine an estimated time (based on the conveyor belt speed) for item 20 to arrive at gap 18 and hence control the capturing of images/illumination, see par. [0055]).
Regarding claim 30, Shearin teaches the system according to claim 20, wherein the first digital image comprises at least one of a captured digital image or a resulting image of previously stitched images (first image is a captured digital image, see par. [0030]).
Regarding claim 31, Shearin teaches the system according to claim 20, wherein the at least one controller performs steps a)-c) a plurality of times (example use of a checkout line in a supermarket implies that plural items are processed and hence the system performs the steps plural times, see par. [0020]).
Regarding claim 32, Shearin teaches the system according to claim 20, further comprising a mirror, and wherein the 2D digital optical sensor captures the sequential 2D digital images via the mirror (mirror sets are contemplated as other arrangements on the system, see par. [0029]).
Regarding claim 33, Shearin teaches the system according to claim 20, wherein the 2D optical sensor is configured to capture a reduced field of view (gap 18 has a relative narrowness, hence reduced field of view, see par. [0049]).
Regarding independent claim(s) 34 and dependent claim 35, claim(s) has/have limitations similar to those treated in the above rejection(s), and are met by the references as discussed above, specifically claims 20-21, 24.
Regarding independent claim(s) 36 and dependent claim 37-39, claims are drawn to the method used by the corresponding system in claims 20-21, 25 and 30, and are rejected for the same reasons used above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANGEL L GARCES-RIVERA whose telephone number is (571)270-7268. The examiner can normally be reached Mon-Fri 9AM-5PM ET.
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/ANGEL L GARCES-RIVERA/Examiner, Art Unit 2637
/SINH TRAN/Supervisory Patent Examiner, Art Unit 2637
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