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 Objections
Claims 2-9 are objected to because of the following informalities: Claims 2-9 state: “The method of Claim 11, …” should be “The method of Claim 1, …” Appropriate correction is required.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) of U.S. Patent No. 12260641. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar subject matter which is obvious over one another. For example, note the following relationship between the instant application claim 1 and patented claim 1 (examiner note: similarities to the patented claims have been underlined and notes have been added to explain similarities.)
Instant 19087354
Patent 12260641
Claim 1:
A method for food preparation, the method comprising: providing a food preparation table, a pan array comprising food pans for storing ingredients,
indicating lights, and at least one database, wherein there are predefined zones within the pan array, wherein at least part of the indicating lights are preassigned to at least part of the predefined zones, wherein the at least one database stores data relating pre-assignment of the at least part of the indicating lights and the at least part of the predefined zones such that a first indicating light is linked to a first predefined zone and a second indicating light is linked to a second predefined zone,
wherein the ingredients stored in the food pans comprises a first ingredient;
capturing images of the pan array while food preparation is being performed on the food preparation table, during which the first ingredient's location changes within the pan array, wherein the images of the pan array (referred to as "pan array images") comprise a first pan array image captured at a first time and a second pan array image captured at a second time;
in response to capturing of the first pan array image at the first time, processing the first pan array image to determine that the first ingredient is located in the first predefined zone, and updating the at least one database such that the first ingredient is linked to, on the at least one database, the first indicating light linked to the first predefined zone based on the determination;
during food preparation subsequent to the first time, referring to the at least one database and providing a first guidance to a person working at the food preparation table to use the first ingredient with the first indicating light to indicate the first predefined zone in which the first ingredient is located;
in response to capturing the second pan array image at the second time subsequent to providing the first guidance, processing the second pan array image to determine that the first ingredient is located in the second predefined zone,
and updating the at least one database such that the first ingredient is linked to, on the at least one database, the second indicating light linked to the second predefined zone;
and during food preparation subsequent to the second time, referring to the at least one database and providing a second guidance to the person or another person working at the food preparation table to use the first ingredient with the second indicating light to indicate the second predefined zone in which the first ingredient is located.
Claim 1:
A method for pizza preparation, the method comprising: providing a food preparation table, a pan array comprising food pans for storing ingredients,
indicating lights, and at least one database storing data of predefined zones within the pan array, wherein the one or more of the indicating lights are preassigned to the predefined zones such that, on the at least one database, a first indicating light is linked to a first predefined zone and a second indicating light is linked to a second predefined zone;
From another section of claim 1: first ingredient's location changes within the pan array (Examiner note: implies first ingredient stored in pans)
capturing images of pizza preparation for a first pizza that is performed on the food preparation table, wherein the pizza preparation for the first pizza comprises a first step of adding a first ingredient over a pizza dough by a person working at the food preparation table, wherein the images of the pizza preparation (referred to as “pizza preparation images”) comprises a first pizza preparation image and a second pizza preparation image, wherein each of the first pizza preparation image and the second pizza preparation image features the first ingredient during the first step of adding the first ingredient; in response to capturing of the first pizza preparation image, processing the first pizza preparation image and presenting on a display a first index representing progress of adding the first ingredient based on the processing of the first pizza preparation image; in response to capturing of the second pizza preparation image captured subsequent to the first pizza preparation image, processing the second pizza preparation image and replacing the first index with a second index representing progress of adding the first ingredient based on the processing of the second pizza preparation image;
capturing images of the pan array while two or more pizzas are prepared on the food preparation table, during which the first ingredient's location changes within the pan array, wherein the images of the pan array (referred to as “pan array images”) comprise a first pan array image and a second pan array image;
(Examiner note: the first image captured at a first time and the second image captured at a second time limitations are recited further in claim 1 of patent 12260641 below)
in response to capturing of the first pan array image at a first time, processing the first pan array image, determining that the first ingredient is located in the first predefined zone based on the processing of the first pan array image, and updating the at least one database such that the first ingredient is linked to, on the at least one database, the first indicating light linked to the first predefined zone based on the determination;
during pizza preparation for a second pizza subsequent to the first time, providing a first guidance to the person or another person working at the food preparation table to use the first ingredient with the first indicating light to indicate the first predefined zone in which the first ingredient is located;
in response to capturing the second pan array image at a second time subsequent to pizza preparation for the second pizza, processing the second pan array image, determining that the first ingredient is located in the second predefined zone based on the processing of the second pan array image,
and updating the at least one database such that the first ingredient is linked to, on the at least one database, the second indicating light linked to the second predefined zone;
and during pizza preparation for a third pizza subsequent to the second time, providing a second guidance to the person or another person working at the food preparation table to use the first ingredient with the second indicating light to indicate the second predefined zone in which the first ingredient is located.
Using a similar analysis as above claims the following claims have been found to recite similar subject matter:
Instant Application Claims
Patent No. 12260641 Claims
Claims 2 and 14:
wherein the first guidance is provided during preparation for a first food item, wherein the second guidance is provided during preparation for a second food item.
From Claim 1:
during pizza preparation for a second pizza subsequent to the first time, providing a first guidance … and during pizza preparation for a third pizza subsequent to the second time, providing a second guidance
Claims 3 and 15:
wherein the first guidance is provided during preparation for a first pizza, wherein the second guidance is provided during preparation for a second pizza
From Claim 1:
during pizza preparation for a second pizza subsequent to the first time, providing a first guidance … and during pizza preparation for a third pizza subsequent to the second time, providing a second guidance
Claims 4 and 16:
wherein the first predefined zone corresponds to at least one food pan comprising a first food pan, and the second predefined zone corresponds to at least one food pan comprising a second food pan other than the first food pan.
From Claim 1:
a pan array comprising food pans for storing ingredients, indicating lights, and at least one database storing data of predefined zones within the pan array, wherein the one or more of the indicating lights are preassigned to the predefined zones such that, on the at least one database, a first indicating light is linked to a first predefined zone and a second indicating light is linked to a second predefined zone
Claims 8 and 20: wherein capturing images of the pan array is performed continuously or intermittently.
From Claim 1:capturing images of the pan array while two or more pizzas are prepared ….a first pan array image and a second pan array image… capturing of the first pan array image at a first time… capturing the second pan array image at a second time at a second time subsequent to pizza preparation for the second pizza (Examiner note: the images will inherently be captured either continuously or intermittently (i.e., not continuously))
Claims 9 and 21:
wherein either or both of the first guidance and the second guidance are provided as part of guidance for preparing a food item that is provided to the person or the other person working at the food preparation table.
From Claim 1:
during pizza preparation for a second pizza subsequent to the first time, providing a first guidance to the person or another person working at the food preparation table
Claim 11
Claim 1
Claim 12
Claim 2
Claims 6 and 13
Claim 3
Claims 5 and 17
Claim 4
Claim 18
Claim 5
Claims 7 and 19
Claim 6
Claim 10 and 22
Claim 7
Therefore, instant application 19087354 and Patent 12260641 are not patentably distinct from each other because they recite similar subject matter which is obvious over one another.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ells (US 20170365017) – (abstract) A make line for preparing food in a restaurant includes ingredient containers and food preparation stations. The make line is provided with a line level lighting system that illuminates one or more ingredient containers as well as one or more of the food preparation stations to indicate which ingredient(s) are to be added to the food order being prepared at the illuminated food preparation station(s).
Shangin et al. (US 20210279855) – (¶0166) receiving a continuous video stream from at least one camera position over a table configured to receive prepared pizzas; collecting a plurality of pizza containing video frames of a particular pizza from the video stream; applying a first CNN to select a set of best pizza containing video frames of the particular pizza from the plurality of pizza containing video frames
Levanon (US 20180284091) – (abstract) An apparatus and a method for monitoring preparation of a food product are disclosed. The apparatus may include an imager and a controller. The controller may be configured to execute a method having the following steps: receiving order related data; receiving an image of the food product from the imager; analyzing the received image based on pre-stored data, received from a database, in order to extract prepared product data; comparing the extracted prepared product data to the order related data; and determining a compliance of the food product with a required quality level based on comparing the extracted prepared product data to the order related data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK J JOHNSON whose telephone number is (571)272-9629. The examiner can normally be reached 9:00AM-5:00PM EST.
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/Frank Johnson/Primary Examiner, Art Unit 2425
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