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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 11, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12253389, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims cover similar subject matter.
Both independent claims’ features of the instant application and the Patent 12253389 can be compared as:
Claim 1 of the Instant Application
Claim 1 of Patent 12253389
A system for counting items, comprising: a rack that stores a plurality of items between a front end and rear end of the rack; a shoe movably attached to the rack such that the shoe travels between the front end and the rear end of the rack; a magnet coupled to the shoe;
A system for counting items stored in a rack, comprising: a longitudinal rack that stores a plurality of items along a length of the rack between a front end and rear end of the rack; a shoe movably attached to the rack such that the shoe travels between the front end and the rear end of the rack; a magnet coupled to the shoe;
and a circuit board arranged along the rack and comprising: an array of sensors, wherein: at least a subset of the sensors generates a signal corresponding to a strength of a magnetic field associated with the magnet; and the signal generated by the subset of the sensors is based at least in part upon a position of the magnet in relation to the sensor; a memory that stores values corresponding to the signal generated by the subset of the sensors;
and a longitudinal circuit board arranged along the length of the rack and comprising: an array of sensors arranged along a length of the circuit board, wherein: the magnet is arranged in conjunction with the shoe such that a longitudinal axis of the magnet is parallel to the longitudinal circuit board; at least a subset of the sensors generates a signal corresponding to a strength of a magnetic field associated with the magnet; and the signal generated by the subset of the sensors is based at least in part upon a position of the magnet in relation to the sensor; a memory that stores values corresponding to the signal generated by the subset of the sensors;
and a processor communicatively coupled to the sensors and the memory, wherein the processor is configured to: monitor the values generated by the subset of the sensors; detect that a first sensor has generated a first highest absolute value and a second sensor has generated a second highest absolute value, wherein the first highest absolute value and the second highest absolute value are the two highest values out of the values generated by the sensors in the array;
and a processor communicatively coupled to the sensors and the memory, wherein the processor is configured to: monitor the values generated by the subset of the sensors; detect that a first sensor has generated a first highest absolute value and a second sensor has generated a second highest absolute value, wherein the first highest absolute value and the second highest absolute value are the two highest values out of the values generated by the sensors in the array;
determine a position of the shoe in relation to the rack based at least in part upon a first distance of the first sensor from the front end of the rack and a second distance of the second sensor from the front end of the rack, wherein the position of the shoe comprises a distance of the shoe from the front end of the rack; and determine a number of items stored in the rack based at least in part upon the position of the shoe in relation to the rack.
determine a position of the shoe along the length of the rack based at least in part upon a first distance of the first sensor from the front end of the rack and a second distance of the second sensor from the front end of the rack, wherein the position of the shoe comprises a distance of the shoe from the front end of the rack; and determine a number of items stored in the rack based at least in part upon the position of the shoe along the length of the rack.
Regarding claim 2, see claim 2 of Patent 12253389.
Regarding claim 3, see claim 3 of Patent 12253389.
Regarding claim 4, see claim 4 of Patent 12253389.
Regarding claim 5, see claim 5 of Patent 12253389.
Regarding claim 6, see claim 6 of Patent 12253389.
Regarding claim 7, see claim 7 of Patent 12253389.
Regarding claim 8, see claim 8 of Patent 12253389.
Regarding claim 9, see claim 9 of Patent 12253389.
Regarding claim 10, see claim 10 of Patent 12253389.
Regarding claim 11, see claim 11 of Patent 12253389.
Claim 12 of the Instant Application
Claim 12 of Patent 12253389
A circuit board arranged along a rack that stores a plurality of items between a front end and a rear end of the rack, the circuit board comprising: an array of sensors, wherein: at least a subset of the sensors generates a signal corresponding to a strength of a magnetic field associated with a magnet coupled to a shoe that is movably attached to the rack such that the shoe travels between the front and the rear end of the rack;
A circuit board for counting items stored in a rack, comprising: a longitudinal rack that stores a plurality of items along a length of the rack between a front end and rear end of the rack; a shoe movably attached to the rack such that the shoe travels between the front end and the rear end of the rack; a magnet coupled to the shoe; and a longitudinal circuit board arranged along the length of the rack and comprising: an array of sensors arranged along a length of the circuit board, wherein: the circuit board is arranged along a length of the rack; the magnet is arranged in relation to the circuit board such that a longitudinal axis of the magnet is parallel to the longitudinal circuit board; at least a subset of the sensors generates a signal corresponding to a strength of a magnetic field associated with the magnet;
and the signal generated by the subset of the sensors is based at least in part upon a position of the magnet in relation to the sensor; a memory that stores values corresponding to the signal generated by the subset of the sensors;
and the signal generated by the subset of the sensors is based at least in part upon a position of the magnet in relation to the sensor; a memory that stores values corresponding to the signal generated by the subset of the sensors;
and a processor communicatively coupled to the sensors and the memory, wherein the processor is configured to: monitor the values generated by the subset of the sensors; detect that a first sensor has generated a first highest absolute value and a second sensor has generated a second highest absolute value, wherein the first highest absolute value and the second highest absolute value are the two highest values out of the values generated by the sensors in the array;
and a processor communicatively coupled to the sensors and the memory, wherein the processor is configured to: monitor the values generated by the subset of the sensors; detect that a first sensor has generated a first highest absolute value and a second sensor has generated a second highest absolute value, wherein the first highest absolute value and the second highest absolute value are the two highest values out of the values generated by the sensors in the array;
determine a position of the magnet in relation to the rack based at least in part upon a first distance of the first sensor from the front end of the rack and a second distance of the second sensor from the front end of the rack, wherein the position of the magnet comprises a distance of the magnet from the front end of the rack; and determine a number of items stored in the rack based on the position of the magnet in relation to the rack.
determine a position of the magnet along the length of the rack based at least in part upon a first distance of the first sensor from the front end of the rack and a second distance of the second sensor from the front end of the rack, wherein the position of the magnet comprises a distance of the magnet from the front end of the rack; and determine a number of items stored in the rack based on the position of the magnet along the length of the rack.
Regarding claim 13, see claim 13 of Patent 12253389.
Regarding claim 14, see claim 14 of Patent 12253389.
Regarding claim 15, see claim 15 of Patent 12253389.
Regarding claim 16, see claim 16 of Patent 12253389.
Regarding claim 17, see claim 17 of Patent 12253389.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ali discloses “Inventory control system” (see US2005/0040123)
White discloses “Product fixture monitoring system and method of monitoring product fixtures” (see US2007/0273513)
Siegel et al. discloses “Retail shelf supply monitoring” (see US2009/0248198)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID B FREDERIKSEN whose telephone number is (571)272-8152. The examiner can normally be reached M-F 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached at (571)272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID B FREDERIKSEN/Examiner, Art Unit 2858
/HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
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