DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1-16 are currently being examined.
Specification
The Specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. MPEP § 608.01
Statutory Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 7, 8, and 10-12 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 9, 11, and 13-15 of U.S. Patent No. 12,373,784 as follows:
7. A validation system comprising: (See Claim 9)
a camera configured to generate at least one image of an item having an associated SKU; and (See Claim 9)
at least one computer programmed to: (See Claim 9)
a) analyze the at least one image to identify a package type of the item; (See Claim 9)
b) determine a brand of the item; (See Claim 9)
c) identify the associated SKU of item based upon said steps a) and b); and (See Claim 9)
d) comparing the SKU identified in step c) to a pick sheet. (See Claim 9)
8. The validation system of claim 7 wherein said step a) is performed before said step b). (See Claim 11)
10. The validation system of claim 9 wherein the at least one computer includes at least one machine learning model trained on images of cases of beverage containers of a plurality of available package types including the package types of the item and of a plurality of available brands including the brand of the item. (See Claim 13)
11. The validation system of claim 10 wherein the at least one computer is programmed to determine the brand of the item in step b) by analyzing the at least one image. (See Claim 14)
12. The validation system of claim 11 wherein item is a container of beverage containers. (See Claim 15)
This is a statutory double patenting rejection based upon 35 U.S.C. 101.
Nonstatutory Double Patenting
The nonstatutory 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-6, 9, and 13-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 3, 4, 6-8, 12, and 17-20 of U.S. Patent No. 12,373, 784. Although the conflicting claims are not identical, they are not patentably distinct from each other because the '784 patent discloses the following with respect to the Applicant’s claims:
1. A delivery system comprising:
at least one computer programmed to perform the steps of: (See Claim 1)
a) receiving at least one image of a product; (See Claim 1)
b) analyzing the at least one image to identify a package type of the product; (See Claim 1)
c) based upon the identified package type from step b) identifying a subset of possible brands of the product; (See Claim 1)
d) determining a brand of the product based upon the identified subset of brands from step c); and (See Claim 1)
e) identifying a SKU of the product based upon steps d) and e). (See Claim 1)
2. The system of claim 1 wherein the product is a case of beverage containers. (See Claim 6)
3. The system of claim 2 wherein the steps further include: (See Claim 7)
f) comparing the SKU identified in step e) to a desired SKUs on a pick sheet; and (See Claim 7)
g) indicating whether the SKU identified in step e) matches the SKU on the pick sheet based upon the comparison in step f). (See Claim 7)
4. The system of claim 2 further including at least one camera for generating the at least one image. (See Claim 8)
5. The system of claim 1 wherein the at least one computer includes a machine learning model trained with images of cases of beverage containers. (See Claim 3)
6. The system of claim 5 wherein the machine learning model is trained to identify a plurality of available package types including reusable beverage crate, tray with translucent wrap, and fully enclosed box, (See Claim 4)
wherein the at least one computer is programmed to perform said step b) using the machine learning model. (See Claim 4)
9. The validation system of claim 8 further including the step of: (See Claim 12)
e) based upon the identified package type from said step a) identifying a subset of possible brands of the one of the plurality of items; and (See Claim 12)
wherein said step b) includes determining the brand of the one of the plurality of items based upon the identified subset of brands from said step e). (See Claim 12)
13. A delivery system comprising:
at least one computer programmed to perform the steps of: (See Claim 17)
a) receiving a pick sheet for a plurality of SKUs, (See Claim 17)
wherein each SKU has an associated package type and an associated branding; (See Claim 17)
b) receiving a plurality of images of an item, including a first image and a second image, (See Claim 17)
wherein the plurality of images are taken from a plurality of sides of the item; (See Claim 17)
c) analyzing the first image to determine a first classification of the item at a first confidence level; (See Claim 17)
d) analyzing the second image to determine a second classification of the first item at a second confidence level; (See Claim 17)
e) determining the classification of the item based upon a higher of the first confidence level or the second confidence level; (See Claim 17)
f) determining the SKU associated with the item based upon the classification determined in step e); and (See Claim 17)
g) comparing the SKU determined in step f) to the plurality of SKUs on the pick sheet. (See Claim 17)
14. The system of claim 13 wherein the item is a container of beverage containers. (See Claim 18)
15. The system of claim 13 wherein the at least one computer includes a machine learning model trained with images of containers of beverage containers. (See Claim 19)
16. The system of claim 15 wherein the at least one computer is programmed to perform steps c) and d) using the at least one machine learning model. (See Claim 20)
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure because the prior art references contain subject matter that relates to one or more of Applicant’s claim limitations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas Randazzo whose telephone number is 313-446-4903. The examiner can normally be reached between 9:00am and 4:00pm ET Monday through Thursday and between 9:00am and 11:00am ET on Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jacob Scott, can be reached on 571-270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS RANDAZZO/Primary Examiner, Art Unit 3655 September 24, 2026
