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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-15 of copending Application No. 19221690 in view of Soensen (U.S. 8873794 B2).
This is a provisional nonstatutory double patenting rejection.
Instant claims
Co-pending
An information processing device comprising:
a first sensor provided in front of a target object including one or more items;
one or more second sensors provided above the target object;
at least one memory configured to store instructions;
and at least one processor configured to execute the instructions to:
capture, by the first sensor, one or more first images including the target object and customer moving in vicinity of the target object;
detect, by the one or more second sensors, a distance from customer's hand to the one or more items in a case where the customer extends customer's hand to the one or more items;
identify, based on the one or more first images and the distance, one item among the one or more items;
However, calculating, in the one or more first images, difference between the one or more items before the customer stops in front of the target object and the one or more items after the customer has left the target object; and determining whether or not the customer purchase the one item is not disclosed.
In a similar field of endeavor, Sorensen discloses calculating, in the one or more first images, difference between the one or more items before the customer stops in front of the target object and the one or more items after the customer has left the target object; and determining whether or not the customer purchase the one item (Note in (30) a number of altered pixels indicates which items have been removed thus purchased. The altered pixel are determined based on discriminating differences between frames, see (46). The pixel differences may also be analyzed to determine entrance and exit events, construed as determining by imaging when a customer stops in front of a target object and when a customer leaves a target object, see (42)(47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the copending claim for the benefit of determining shelf restocking based on the number of purchased items thereby improving sales of retail items.
An information processing device comprising:
a first sensor provided in front of a target object including one or more items;
one or more second sensors provided above the target object;
at least one memory configured to store instructions;
and at least one processor configured to execute the instructions to:
capture, by the first sensor, one or more first images including the target object and customer moving in vicinity of the target object;
detect, based on the one or more first images, a first time period from when the customer stops in front of the target object to when leaving the target object;
detect, by the one or more second sensors, a distance from customer's hand to the one or more items in a case where the customer extends customer's hand to the one or more items in the first time period;
identify, based on the one or more first images and the distance, one item among the one or more items;
detect, based on the one or more first images and the distance, a second time period from when the customer picks up the one item to when the customer returns the one item to the target object; and display, on a display, the one or more first images and the second time period.
2. The information processing device according to claim 1, wherein the at least one processor is configured to execute the instructions to: count, based on the one or more first images and the distance, a number of times that the customer extends the customer's hand to the one or more items; and display the number of times on the display.
2. The information processing device according to claim 1, wherein the at least one processor is configured to execute the instructions to: count, based on the one or more first images and the distance, a number of times that the customer extends the customer's hand to the one or more items; and display the number of times on the display.
3. The information processing device according to claim 2, wherein the at least one processor is configured to execute the instructions to display, based on the number of times, the one or more items emphasised on the display.
3. The information processing device according to claim 2, wherein the at least one processor is configured to execute the instructions to display, based on the second time period and the number of times, the one or more items emphasised on the display.
4. The information processing device according to claim 2, wherein the at least one processor is configured to execute the instructions to display, in a case where the customer is a pre-registered member, the number of times and the customer associated with each other.
4. The information processing device according to claim 2, wherein the at least one processor is configured to execute the instructions to display, in a case where the customer is a pre-registered member, the second time period, the number of times, and the customer associated with each other.
5. The information processing device according to claim 1, wherein the at least one processor is configured to execute the instructions to: calculate a correlation between a behavior for the one item by the customer and a behavior for another item by another customer; and display, on the display, an index based on the correlation.
5. The information processing device according to claim 1, wherein the at least one processor is configured to execute the instructions to: calculate a correlation between a behavior for the one item by the customer and a behavior for another item by another customer; and display, on the display, an index based on the correlation.
6. An information processing method for controlling an information processing device including a first sensor provided in front of a target object including one or more items, and one or more second sensors provided above the target object, the method comprising:
capturing, by the first sensor, one or more first images including the target object and customer moving in vicinity of the target object;
detecting, by the one or more second sensors, a distance from customer's hand to the one or more items in a case where the customer extends customer's hand to the one or more items;
identifying, based on the one or more first images and the distance, one item among the one or more items;
However, calculating, in the one or more first images, difference between the one or more items before the customer stops in front of the target object and the one or more items after the customer has left the target object; and determining whether or not the customer purchase the one item is not disclosed.
In a similar field of endeavor, Sorensen discloses calculating, in the one or more first images, difference between the one or more items before the customer stops in front of the target object and the one or more items after the customer has left the target object; and determining whether or not the customer purchase the one item (Note in (30) a number of altered pixels indicates which items have been removed thus purchased. The altered pixel are determined based on discriminating differences between frames, see (46). The pixel differences may also be analyzed to determine entrance and exit events, construed as determining by imaging when a customer stops in front of a target object and when a customer leaves a target object, see (42)(47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the copending claim for the benefit of determining shelf restocking based on the number of purchased items thereby improving sales of retail items.
6. An information processing method for controlling an information processing device including a first sensor provided in front of a target object including one or more items, and one or more second sensors provided above the target object, the method comprising:
capturing, by the first sensor, one or more first images including the target object and customer moving in vicinity of the target object;
detecting, based on the one or more first images, a first time period from when the customer stops in front of the target object to when leaving the target object;
detecting, by the one or more second sensors, a distance from customer's hand to the one or more items in a case where the customer extends customer's hand to the one or more items in the first time period;
identifying, based on the one or more first images and the distance, one item among the one or more items;
detecting, based on the one or more first images and the distance, a second time period from when the customer picks up the one item to when the customer returns the one item to the target object; and displaying, on a display, the one or more first images and the second time period.
7. The information processing method according to claim 6, further comprising: counting, based on the one or more first images and the distance, a number of times that the customer extends the customer's hand to the one or more items; and displaying the number of times on the display.
7. The information processing method according to claim 6, further comprising: counting, based on the one or more first images and the distance, a number of times that the customer extends the customer's hand to the one or more items; and displaying the number of times on the display.
8. The information processing method according to claim 7, further comprising displaying, based on the number of times, the one or more items emphasised on the display.
8. The information processing method according to claim 7, further comprising displaying, based on the second time period and the number of times, the one or more items emphasised on the display.
9. The information processing method according to claim 7, further comprising displaying, in a case where the customer is a pre-registered member, the number of times and the customer associated with each other.
9. The information processing device according to claim 7, further comprising displaying, in a case where the customer is a pre-registered member, the second time period, the number of times, and the customer associated with each other.
10. The information processing method according to claim 6, further comprising: calculating a correlation between a behavior for the one item by the customer and a behavior for another item by another customer; and displaying, on the display, an index based on the correlation.
10. The information processing device according to claim 6, further comprising: calculating a correlation between a behavior for the one item by the customer and a behavior for another item by another customer; and displaying, on the display, an index based on the correlation.
11. A non-transitory storage medium storing a program that executes an information processing method for controlling an information processing device including a first sensor provided in front of a target object including one or more items, and one or more second sensors provided above the target object, the method comprising:
capturing, by the first sensor, one or more first images including the target object and customer moving in vicinity of the target object;
detecting, by the one or more second sensors, a distance from customer's hand to the one or more items in a case where the customer extends customer's hand to the one or more items;
identifying, based on the one or more first images and the distance, one item among the one or more items;
However, calculating, in the one or more first images, difference between the one or more items before the customer stops in front of the target object and the one or more items after the customer has left the target object; and determining whether or not the customer purchase the one item is not disclosed.
In a similar field of endeavor, Sorensen discloses calculating, in the one or more first images, difference between the one or more items before the customer stops in front of the target object and the one or more items after the customer has left the target object; and determining whether or not the customer purchase the one item, (Note in (30) a number of altered pixels indicates which items have been removed thus purchased. The altered pixel are determined based on discriminating differences between frames, see (46). The pixel differences may also be analyzed to determine entrance and exit events, construed as determining by imaging when a customer stops in front of a target object and when a customer leaves a target object, see (42)(47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the copending claim for the benefit of determining shelf restocking based on the number of purchased items thereby improving sales of retail items.
11. A non-transitory storage medium storing a program that executes an information processing method for controlling an information processing device including a first sensor provided in front of a target object including one or more items, and one or more second sensors provided above the target object, the method comprising:
capturing, by the first sensor, one or more first images including the target object and customer moving in vicinity of the target object;
detecting, based on the one or more first images, a first time period from when the customer stops in front of the target object to when leaving the target object;
detecting, by the one or more second sensors, a distance from customer's hand to the one or more items in a case where the customer extends customer's hand to the one or more items in the first time period;
identifying, based on the one or more first images and the distance, one item among the one or more items;
detecting, based on the one or more first images and the distance, a second time period from when the customer picks up the one item to when the customer returns the one item to the target object; and displaying, on a display, the one or more first images and the second time period.
12. The non-transitory storage medium according to claim 11, wherein the method further comprises: counting, based on the one or more first images and the distance, a number of times that the customer extends the customer's hand to the one or more items; and displaying the number of times on the display
12. The non-transitory storage medium according to claim 11, wherein the method further comprises: counting, based on the one or more first images and the distance, a number of times that the customer extends the customer's hand to the one or more items; and displaying the number of times on the display.
13. The non-transitory storage medium according to claim 12, wherein the method further comprises displaying, based on the number of times, the one or more items emphasised on the display.
13. The non-transitory storage medium according to claim 12, wherein the method further comprises displaying, based on the second time period and the number of times, the one or more items emphasised on the display.
14. The non-transitory storage medium according to claim 12, wherein the method further comprises displaying, in a case where the customer is a pre-registered member, the number of times and the customer associated with each other.
14. The non-transitory storage medium according to claim 12, wherein the method further comprises displaying, in a case where the customer is a pre-registered member, the second time period, the number of times, and the customer associated with each other.
15. The non-transitory storage medium according to claim 11, wherein the method further comprises: calculating a correlation between a behavior for the one item by the customer and a behavior for another item by another customer; and displaying, on the display, an index based on the correlation.
15. The non-transitory storage medium according to claim 11, wherein the method further comprises: calculating a correlation between a behavior for the one item by the customer and a behavior for another item by another customer; and displaying, on the display, an index based on the correlation.
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) 1, 6, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chinoy (U.S. 11851279) in view of Sorensen (U.S. 8873794 B2).
Regarding claim 1, Chinoy discloses an information processing device comprising:
a first sensor provided in front of a target object including one or more items, (see (25) a series of cameras 208 may be positioned on external portions of the inventor locations and positioned toward a location where a user may stand. Images of the user may be captured and processed to determine the orientation of the user and/or the gaze direction representing the direction in which the user is looking (gazing));
one or more second sensors provided above the target object, (see (25) one or more sensors 208 may be positioned within the inventory locations to capture images of items stored in the inventory locations and/or images of a user picking or placing an item at the inventory location);
at least one memory configured to store instructions; and at least one processor configured to execute the instructions (see (46)) to:
capture, by the first sensor, one or more first images including the target object and customer moving in vicinity of the target object, ((49) determining user is approaching an inventor location and/or an item as in 404);
detect, by the one or more second sensors, a distance from customer's hand to the one or more items in a case where the customer extends customer's hand to the one or more items, ((52) note series of images may determine and item pick and place. In addition, movement at inventory location such as a user’s hand reaching into the inventory location may also be determined from capture images associated with second sensors); and
identify, based on the one or more first images and the distance, one item among the one or more items, ((52) an item picked by a user may be determined from series of images detecting movements at inventor locations and gaze images captured by first sensors (50)-(51)).
However, calculate, in the one or more first images, difference between the one or
more items before the customer stops in front of the target object and the one or more items after the customer has left the target object and determine whether or not the customer purchase the one item is not disclosed.
In a similar field of endeavor, Sorensen (U.S. 8873794) discloses calculating, in the one
or more first images, difference between the one or more items before the customer stops in front of the target object and the one or more items after the customer has left the target object; and determining whether or not the customer purchase the one item, (Note in (30) a number of altered pixels indicates which items have been removed thus purchased. The altered pixel are determined based on discriminating differences between frames, see (46). The pixel differences may also be analyzed to determine entrance and exit events, construed as determining by imaging when a customer stops in front of a target object and when a customer leaves a target object, see (42)(47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Chinoy for the benefit of determining shelf restocking based on the number of purchased items thereby improving sales of retail items.
Claim(s) 2, 3, 7, 8, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chinoy in view of Sorensen in view of Ogawa (WO 2015040661).
Regarding claims 2, 7, and 12, the combination discloses claims 1, 6 and 11. However,
counting a number of times a customer extends the customer’s hand and displaying the number of times is not explicitly disclosed.
In a similar field of endeavor, Ogawa discloses wherein the at least one processor is
configured to execute the instructions to: count, based on the one or more first images and the distance, a number of times that the customer extends the customer's hand to the one or more items; and
display the number of times on the display (note image sensor or distance image
sensor may be used to detect stretch of a shopper: page 6: 9th paragraph. hand-stretching frequency may also be counted: page 7: 14th paragraph. The stretches may also be graphically displayed: page 25: ;4th paragraph and displaying the number of times such as in fig10b, fig 10a-c, fig 19, and/or fig 33/fig35). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by Ogawa for the benefit of displaying customer related information associated with certain products so that retail stores may determine products related statistics such as popularity and/or determine restock timing of purchased products.
Regarding claims 3, 8, and 13, the combination discloses wherein the at least one processor is configured to execute the instructions to display, based on the second time period and the number of times, the one or more items emphasized on the display, (note Chinoy discloses identifying uses using facial recognition in (29). Further in (33)(35)(38), note information such as item pick or item place and/or user interfaces may be presented to the user via portable device 205 and/or devices 306/312 fig 3. Examiner however notes that first sensor images nor the second time period is displayed. One of ordinary skill in the art may include the display of first images and second time period to be presented on a user interface to be viewed along with item pick and item place. Such presentation allows retail stores to accurately determine inventory levels and streamline item supply chain). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to achieve noted benefit.
The combination does not disclose the number of times. However, Ogawa discloses the number of times, (note image sensor or distance image sensor may be used to detect stretch of a shopper: page 6: 9th paragraph. hand-stretching frequency may also be counted: page 7: 14th paragraph. The stretches may also be graphically displayed: page 25: ;4th paragraph and displaying the number of times such as in fig10b, fig 10a-c, fig 19, and/or fig 33/fig35. It is further noted that one or ordinary skill in the art may display an item highlighted on a graphic display based on the number of times, thereby allowing shelf inventory to be determined thereby allowing streamed supply of purchased products). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by Ogawa for the benefit of displaying customer related information associated with certain products so that retail stores may determine products related statistics such as popularity and/or determine restock timing of purchased products.
Claim(s) 4, 9, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chinoy in view of Sorensen in view of Ogawa in view of Ishida (Pub 20210304256).
Regarding claims 4, 9, 14, the combination discloses claims 2, 7, 12. However, to display,
in a case where the customer is a pre-registered member, the second time period, the number of times, and the customer associated with each other is not explicitly disclosed.
In a similar field of endeavor, Ishida discloses wherein the at least one processor is
configured to execute the instructions to display, in a case where the customer is a pre-registered member, the second time period, the number of times, and the customer associated with each other, (note customer may be identified Para. [0109]. Information collected of identified customers may include time period in which customer looks at product, construed as second time period, and whether customer picks up a product, see Fig 10 and Para [0150]. Information related to customers and/or products may be output and displayed, Para. [0135]). It would have been obvious to one of ordinary skill in the art to modify the combination by Ishida for the benefit of generating customer-product data without duplicating results when different cameras are deployed.
Claim(s) 5, 10, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chinoy in view of Sorensen in view of Cudgma (Pub 20140257990).
Regarding claims 5, 10, 15, the combination discloses claims 1, 6, and 11. However,
calculate a correlation between a behavior for the one item by the customer and a behavior for another item by another customer; and display, on the display, an index based on the correlation is not disclosed.
In a similar field of endeavor, Cudgma discloses wherein the at least one processor is
configured to execute the instructions to: calculate a correlation between a behavior for the one item by the customer and a behavior for another item by another customer; and display, on the display, an index based on the correlation, (note deriving correlation 24 between personality traits 12 of a group of consumers and one or more brand/products, Para. [0035]. The correlation result 22 is displayed in an output device as a graph, construed as an index). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by Cudgma for the benefit of understanding the dynamics of different behaviors and how they are related to brands/products thereby allowing tailored shopping experience.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUMAM M SATTI whose telephone number is (571)270-1709. The examiner can normally be reached Mon-Fri.
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HUMAM M. SATTI
Examiner
Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422
Prosecution Insights