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 .
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 6-8, 10-14, 16-18, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by De Bonet (US 11636457 B1).
Regarding claim 6, De Bonet discloses:
6. A system for validating objects moving in an environment, the system comprising:a sensor (column 9 25-37);a processor in network communication with the sensor (fig. 6A), wherein the processor is configured to perform a process comprising:receiving, from the sensor, data that is collected by the sensor based on a change in weight on a surface in response to movement of an object thereon (fig. 2 216(4);generating, based on the data, a weight signature over time for the object (column 17 65 determined weight data); and returning the weight signature over time for the object for use in validating the object (column 17 50-column 18 20 validation).
Regarding claim 7, De Bonet discloses:
7. The system of claim 6, wherein the data comprises weight change data (fig. 2).
Regarding claim 8, De Bonet discloses:
8. The system of claim 6, wherein the data comprises motion data (column 18 10-24).
Regarding claim 10, De Bonet discloses: 10. The system of claim 6, wherein the processor is further configured to communicate with a mobile device (column 6 10-22), wherein the mobile device is configured to:receive user input indicating a scan of the object;identify a unique identifier for the object based on the scan; and retrieve, from a data store and based on the unique identifier, object information for the scanned object (The underlined limitations are not given patentable weight because the structure of the mobile device falls outside the scope of the “system”; see also MPEP 2111.04).
Claims 11-13 are rejected for the same reasons as claim 10. They recite further limitations on the mobile device, which is not part of the “system”. See MPEP 2111.04 (“Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. “).
Regarding claim 14, De Bonet discloses:
14. The system of claim 6, wherein the sensor comprises a plurality of sensors, the plurality of sensors including a weight sensor and a motion sensor (column 30 55-column 31 line 3 motion of item, weight ).
Regarding claims 16 and 17, De Bonet discloses:
16. The system of claim 6, wherein the sensor is attached to a shopping cart in a retail environment (fig. 6A).
17. The system of claim 6, wherein the sensor and the processor are part of a shopping cart in a retail environment (fig. 6A).
Regarding claim 18, De Bonet discloses:
18. An apparatus for validating objects moving in an environment, the apparatus comprising:a housing (fig. 5A);validation hardware affixed to a surface of the housing (fig. 6A), wherein the validation hardware comprises a first sensor and a second sensor (fig. 6B 512 518); and a controller in communication with the validation hardware(fig. 6A), wherein the controller is configured to:receive, from the first sensor, first data that is collected when the object is detected to be moving proximate the first sensor (fig. 6B 512 656);receive, from the second sensor, second data that is collected in response to the first sensor detecting the object moving proximate the first sensor (fig. 6B 680);correlate the first data with the second data to generate a weight signature over time for the object (fig. 6B 660); and return the weight signature over time for the object for use in validating the object (fig. 7 720).
Regarding claim 20, De Bonet discloses:
20. The apparatus of claim 18, wherein the first sensor comprises a motion sensor (fig. 6B 656 column 30 55-column 31 5), the second sensor comprises a weight sensor (fig. 6B 680), the first data comprises motion data (fig. 6B 656 column 30 55-column 31 5), and the second data comprises weight data (fig. 6B 680).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 15s/are rejected under 35 U.S.C. 103 as being unpatentable over De Bonet in view of Ju (US 20200402042 A1)
Regarding claim 15, De Bonet discloses
15. The system of claim 14, wherein the processor is further configured to:receive motion data from the motion sensor (column 9 25-37); and
De Bonet fails to disclose based on receiving the motion data, poll the weight sensor for weight change data.
However in an analogous art, Ju discloses based on item detection polling the weight sensor for weight change data (paragraph 116). It would have been obvious to one of ordinary skill in the art to combine this teaching with De Bonet by determining a weight value once motion is detected. The motivation for the combination is improved transactions (paragraph 25).
Allowable Subject Matter
Claims 1-5 are allowed. Regarding claim 1, the prior art of record fails to disclose correlating the weight change data with the motion data to generate correlated data, wherein correlating the weight change data with the motion data comprises scaling the weight change data based on an expected weight change signature curve for the scanned object;comparing the correlated data to the object information for the scanned object; determining, based on the comparing, whether the correlated data is within a predetermined threshold range of the object information for the scanned object; and generating, based on a determination that the correlated data is within the predetermined threshold range of the object information for the scanned object, output indicating that the object is validated.
Claims 9 and 19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 9, the prior art of record fails to disclose in combination with claim 6, receiving, from the sensor, data comprising weight change data;scaling the weight change data based on an expected weight change signature curve for the object; andcorrelating the scaled weight change data with the data to generate the weight signature over time for the object. Regarding claim 19, the prior art of record fails to disclose in combination with claim 18, a mobile device in communication with at least one of the validation hardware and the controller, wherein the mobile device is configured to:receive user input indicating a scan of the object;identify a unique identifier for the object based on the scan; andretrieve, from a data store and based on the unique identifier, object information for the scanned object, wherein the object information for the scanned object is used, in combination with the weight signature over time for the object to validate the object.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Meidar (US 20220198550 A1) discloses sensor-based item verification related to a shopping basket.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN A MITCHELL whose telephone number is (571)270-3117. The examiner can normally be reached M-F 9-5.
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/NATHAN A MITCHELL/Primary Examiner, Art Unit 3627
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