Prosecution Insights
Last updated: May 29, 2026
Application No. 19/237,799

LIGHTNING CONTROLLER

Non-Final OA §103
Filed
Jun 13, 2025
Priority
Jun 13, 2024 — provisional 63/659,676
Examiner
TUTOR, AARON N
Art Unit
3627
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Par Excellence Systems Inc.
OA Round
3 (Non-Final)
34%
Grant Probability
At Risk
3-4
OA Rounds
2y 3m
Est. Remaining
68%
With Interview

Examiner Intelligence

Grants only 34% of cases
34%
Career Allowance Rate
56 granted / 167 resolved
-18.5% vs TC avg
Strong +35% interview lift
Without
With
+34.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
25 currently pending
Career history
203
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
85.5%
+45.5% vs TC avg
§102
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 167 resolved cases

Office Action

§103
DETAILED ACTION This action is in reply to the submission filed on 3/17/2026. Status of Claims Applicant’s amendments to claims 1, 8 and 15 are acknowledged. Claims 1-20 are currently pending and have been examined. Request for Continued Examination A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/17/2026 has been entered. Response to Remarks Applicant's remarks filed 3/17/2026 have been fully considered and have been found not persuasive in full. Additional art has been cited teaching CAN bus protocols, microcontrollers, transmitting weight in response to a change, and associating a scale with an identity of an item. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 1-2, and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Glaser (US 20180232796) in view of Gu (US 20200184447), and in further view of Y P (US 2024/0034303). Claims 1. Glaser teaches a system for monitoring a supply inventory, the system comprising: a shelf operable to hold a plurality of scales, a plurality of tray holders, and one or more scale controllers; (Figure 8 showing shelves able to hold multiple items, including scales, tray holders, and scale controllers; para. 85 showing smart shelving. Examiner interprets “operable” as limiting the structure of the shelf to functionally perform said claimed “hold”, or “receive”.) a first scale coupled to the shelf and comprising a first load cell, (para. 27 showing scales for monitoring inventory; para. 85 showing scales on shelving) a first scale controller coupled to the shelf comprising a first processor and a first memory, (para. 81 showing CPUs and computing components for system; para. 85 showing smart shelving; para. 197 showing embodiment including system controlled by processor and memory. Examiner interprets said scale controller as including smart shelving with computer components.), the first scale controller configured to receive the first weight from the first scale and to associate the first weight to a quantity of the first supply item, (para. 153 showing scale on shelves updating inventory states of items) the first scale controller configured to determine a status of the first supply item based on the first weight; and (para. 153 showing scale on shelves updating inventory states of items) a first remote computing device communicatively coupled to the first scale controller and configured to monitor a status of the first supply item. (para. 81 showing data processing engine operating remotely) Glaser does not, but Gu teaches: and configured to receive a first tray holder, the first tray holder configured to retain a first supply item; wherein the first load cell is configured to detect a first weight of the first tray holder. (para. 74 showing shelves with weight sensors and trays for shelves) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using trays to hold items in Gu, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for easier handling of items. (Gu para. 74 showing containers such as trays for hold product items in groups on shelves.) Glaser as modified by Gu does not, but Y P teaches: the first scale controller communicatively coupled to the first scale via a controller area network (CAN) bus protocol. (para. 63 showing scale connected to controller via CAN) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using CAN bus protocols to connect items, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for communication between components. See para. 63 of Y P. Claim 2. Glaser as modified by Gu and Y P teaches the system of claim 1. Glaser teaches: the first scale controller is configured with an identify of the first supply item, and the first scale controller associates the first weight to the quantity based at least in part on the identity. (para. 87 showing sensor fusion using scales to detect item quantity of user shopping behavior) Claims 5. Rejected on the same basis as claims 1. Claims 6. Glaser as modified by Gu and Y P teaches the system of claim 1, wherein the first scale controller is coupled to the first remote computing device by at least one of: a wireless connection; a hard wire connection. (Glaser para. 197 showing computerized networking implementation of system.) Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Glaser (US 20180232796) in view of Gu (US 20200184447), and in further view of Y P and McDaniel (US 11,797,920). Claim 3. Glaser as modified by Gu and Y P teaches the system of claim 1. Said modified Glaser does not, but McDaniel teaches: the first scale is operable to use a settling algorithm to account for oscillations when the first supply item is added or removed. (column 5, lines 20-38 showing algorithm to detect when changes in weight are finished to record final weight) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using scale measurement correction algorithms in McDaniel, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for detection of end of operations. See said portion of McDaniels. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Glaser (US 20180232796) in view of Gu (US 20200184447), Y P, and in further view of De Bonet (US 11,636,457). Claim 4. Glaser as modified by Gu teaches the system of claim 1. Glaser does not, but Gu teaches: the first scale is operable to use a scale threshold algorithm to determine if a change has occurred, the scale threshold algorithm requiring larger weight changes for larger items to indicate a status change. (De Bonet column 5, lines 47-64 showing relative thresholds based on weight used to determine changes in status of items) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using scale measurement correction algorithms in De Bonet, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for detection of end of operations. See said portion of De Bonet. Claim 7 are rejected under 35 U.S.C. 103 as being unpatentable over Glaser (US 20180232796) in view of Gu (US 20200184447), Y P and in further view of Montgomery (US 2016/0328813). Claims 7. Glaser as modified by Gu and Y P teaches the system of claim 1. Said modified Glaser does not, but Montgomery teaches wherein the first remote computing device is configured to notify a user when the status of the first supply item is low. (Paragraphs 48-50 showing product level notifications) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using data transmission and notification in Montgomery, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for benefits of computer networking and data transmission (para. 50 of Montgomery showing benefits of said system as real-time data updates.) Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Glaser (US 20180232796) in view of Gu (US 20200184447), and in further view of Cosentino (US 20070021979). Claim 8. Glaser teaches a system for monitoring a supply inventory, the system comprising: a shelf operable to hold a plurality of scales, a plurality of tray holders, and one or more scale controllers; (Figure 8 showing shelves able to hold multiple items, including scales, tray holders, and scale controllers; para. 85 showing smart shelving. Examiner interprets “operable” as limiting the structure of the shelf to functionally perform said claimed “hold”, or “receive”.) a first scale coupled to the shelf and comprising a first load cell, (para. 27 showing scales for monitoring inventory; para. 85 showing scales on shelving) a first scale controller coupled to the shelf comprising a first processor and a first memory, (para. 81 showing CPUs and computing components for system; para. 85 showing smart shelving; para. 197 showing embodiment including system controlled by processor and memory. Examiner interprets said scale controller as including smart shelving with computer components.), the first scale controller configured to receive the first weight from the first scale and to associate the first weight to a quantity of the first supply item, (para. 153 showing scale on shelves updating inventory states of items) the first scale controller configured to determine a status of the first supply item based on the first weight; and (para. 153 showing scale on shelves updating inventory states of items) a first remote computing device communicatively coupled to the first scale controller and configured to monitor a status of the first supply item. (para. 81 showing data processing engine operating remotely) Glaser does not, but Gu teaches: and configured to receive a first tray holder, the first tray holder configured to retain a first supply item; wherein the first load cell is configured to detect a first weight of the first tray holder. (para. 74 showing shelves with weight sensors and trays for shelves) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using trays to hold items in Gu, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for easier handling of items. (Gu para. 74 showing containers such as trays for hold product items in groups on shelves.) Claim 8 additionally: a second scale comprising a second load cell (Glaser para. 153 showing a plurality of scale shelving) and configured to receive a second tray holder, the second tray holder configured to retain a second supply item, wherein the second load cell is configured to detect a second weight of the second tray holder, (Gu para. 74 showing a plurality of trays for scale shelving) a first mobile cart configured to carry the first and second supply items, the first mobile cart comprising a first scanner configured to scan the first and second supply items and record a presence of the first and second supply items on the first mobile cart; (para. 85 of Glaser showing smart cart with sensors for obtaining item presence information) a first sensor at the location, the first sensor operable to detect a location of the first and second supply items; and (Glaser para. 162 showing detection of location of items) a first server (Glaser para. 197 showing server) communicatively coupled to the first scale controller, to the first mobile cart, and the first sensor, and configured to monitor the status of the first supply item, the status of the second supply item, the location of the first and second supply items, and the presence of the first and second supply items on the first mobile cart. (Glaser para. 81 showing data processing engine operating remotely) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using trays to hold items in Gu, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for easier handling of items. (Gu para. 74 showing containers such as trays for hold product items in groups on shelves.) Glaser as modified by Gu does not, but Cosentino teaches: the first scale controller configured with an identity of the first supply item and an identity of the second supply item, the first scale controller configured to associate each of the first scale and the second scale with a respective one of the first supply item and the second supply item. (paragraph 284 showing a scale associating an identity of a weighed object, the system being scalable to a hospital with multiple rooms, para. 289 showing scale using microcontrollers.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of associating scales with profiles, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for determination of which objects correspond to which weights. See paragraph 284 of Cosentino. Claims 9. Glaser as modified by Gu and Cosentino teaches the system of claim 8. Glaser does not, but Gu teaches wherein the first load cell comprises a strain gauge. (para. 58 showing strain gauge for load cell) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using strain gauges to weigh items in Gu, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for easier handling of items. (Gu para. 58 showing strain gauges appropriate for shelving scales.) Claim 10. Glaser as modified by Gu and Cosentino teaches the system of claim 8. Glaser does not, but Gu teaches wherein the first load cell detects the first weight via deformation caused by the first weight. (Strain gauges detect weight by deformation. Gu teaches strain gauges for weight detection, therefore by deformation.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using strain gauges in Gu, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for weighing of items by deformation. See Gu. Claims 11. Glaser as modified by Gu and and Cosentino teaches the system of claim 8, wherein the first scale controller is coupled to the first scale by at least one of: a wireless connection; a hard wire connection. (Glaser para. 197 showing computerized networking implementation of system.) Claim 12. Rejected on the same basis as claim 8. Claim 13. Glaser as modified by Gu and Cosentino teaches the method of claim 8, wherein the first scale controller is coupled to the first server by at least one of: a wireless connection; a hard wire connection (Glaser para. 197 showing computerized networking implementation of system.) Claims 14 are rejected under 35 U.S.C. 103 as being unpatentable over Glaser (US 20180232796) in view of Gu (US 20200184447), Cosentino and in further view of Montgomery (US 2016/0328813). Claims 14. Glaser as modified by Gu and Cosentino teaches the system of claim 8. Said modified Glaser does not, but Montgomery teaches wherein the first remote computing device is configured to notify a user when the status of the first supply item is low. (Montgomery paragraphs 48-50 showing product level notifications) Claim 14 additionally: notify a user when the status of the first supply item or the status of the second supply item is low. (Montgomery paragraphs 48-50 showing product level notifications) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using data transmission and notification in Montgomery, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for benefits of computer networking and data transmission (para. 50 of Montgomery showing benefits of said system as real-time data updates.) Claims 15-16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Glaser (US 20180232796) in view of Gu (US 20200184447), and in further view of Y P (US 2024/0034303), and Servin (US 2018/0216989). Claim 15. Glaser teaches a method of monitoring supply items, comprising: receiving a first tray holder in a first scale coupled to a shelf, the shelf configured to receive a plurality of scales, a plurality of tray holders, and one or more scale controllers; (Figure 8 showing shelves able to hold multiple items, including scales, tray holders, and scale controllers; para. 85 showing smart shelving.) (para. 27 showing scales for monitoring inventory; para. 85 showing scales on shelving) detecting, by a first load cell in the first scale, a weight of the first tray holder; (para. 153 showing scale on shelves updating inventory states of items) associating, by the first scale controller, the weight of the first tray holder to an associated quantity of the first supply item; (para. 153 showing scale on shelves updating inventory states of items) determining, by the first scale controller, a status of the first supply item based on the associated quantity; and (para. 153 showing scale on shelves updating inventory states of items) transmitting, by the first scale controller, the status of the first supply item to a first remote computing device configured to monitor the status of the first supply item. (para. 81 showing data processing engine operating remotely) Glaser does not, but Gu teaches: configured to receive a first tray holder, the first tray holder configured to retain a first supply item; wherein the first load cell is configured to detect a first weight of the first tray holder. (para. 74 showing shelves with weight sensors and trays for shelves) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using trays to hold items in Gu, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for easier handling of items. (Gu para. 74 showing containers such as trays for hold product items in groups on shelves.) Glaser as modified by Gu does not, but Y P teaches: determining whether a change in the weight of the first tray holder has occurred; (Para. 58 showing embodiment of microcontroller; para. 60 showing load sensor; para. 67 detections of change of weight) transmitting, by the first scale via a CAN transceiver in the first scale, the weight of the first tray holder to a first scale controller para. 63 showing use of CAN bus for data transmission) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of embedded electronics in Y P, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for transmission of information. See para. 63 of Y P. Glaser as modified by Gu and Y P does not, but Servin teaches: independently determining, by a microcontroller in the first scale, whether a change in the weight of the first tray holder has occurred; (paragraph 33 showing scale with microcontroller; para. 35 showing determination of change in weight) transmitting, by the first scale via a transceiver in the first scale, the weight of the first tray holder to a first scale controller in response to the microcontroller determining that a change has occurred. (paragraphs 38 and 39 showing transmission only when weight changes) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of selective transmission in Servin, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for mitigation of unwanted data. See para. 38 of Servin. Claims 16. Glaser as modified by Gu and Y P and Servin teaches the system of claim 15. Glaser does not, but Gu teaches wherein the first load cell comprises a strain gauge. (para. 58 showing strain gauge for load cell) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using strain gauges to weigh items in Gu, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for easier handling of items. (Gu para. 58 showing strain gauges appropriate for shelving scales.) Claims 18. Glaser as modified by Gu and Y P and Servin teaches the system of claim 15, wherein the first scale controller is coupled to the first scale by at least one of: a wireless connection; a hard wire connection. (Glaser para. 197 showing computerized networking implementation of system.) Claims 19. Glaser as modified by Gu and Y P and Servin teaches the system of claim 15, wherein the first scale controller is coupled to the first remote computing device by at least one of: a wireless connection; a hard wire connection. (Glaser para. 197 showing computerized networking implementation of system.) Claim 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Glaser (US 20180232796) in view of Gu (US 20200184447), Y P, Servin and in further view of Montgomery (US 2016/0328813). Claim 17. Rejected on the same basis as claim 15. Additionally: Glaser as modified by Gu and Y P and Servin does not teach, but Montgomery teaches: transmitting, by the first scale controller, the status of the second supply item to a first remote computing device configured to monitor the status of the second first supply item. (Montgomery para. 52 showing transmission of data to network) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using data transmission and notification in Montgomery, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for benefits of computer networking and data transmission (para. 50 of Montgomery showing benefits of said system as real-time data updates.) Claims 20. Glaser as modified by Gu and Y P and Servin teaches the system of claim 15. Said modified Glaser does not, but Montgomery teaches wherein the first remote computing device is configured to notify a user when the status of the first supply item is low. (Paragraphs 48-50 showing product level notifications) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of inventory tracking by shelving with scales, with the known technique of using data transmission and notification in Montgomery, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for benefits of computer networking and data transmission (para. 50 of Montgomery showing benefits of said system as real-time data updates.) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aaron Tutor, whose telephone number is 571-272-3662. The examiner can normally be reached Monday through Friday, 9 AM to 5 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd Obeid, can be reached at 571-270-3324. The fax number for the organization where this application or proceeding is assigned is 571-273-5266. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AARON TUTOR/Primary Examiner, Art Unit 3627
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Prosecution Timeline

Jun 13, 2025
Application Filed
Aug 21, 2025
Non-Final Rejection mailed — §103
Nov 20, 2025
Response Filed
Dec 18, 2025
Final Rejection mailed — §103
Mar 17, 2026
Request for Continued Examination
Mar 30, 2026
Response after Non-Final Action
Apr 21, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
34%
Grant Probability
68%
With Interview (+34.9%)
3y 3m (~2y 3m remaining)
Median Time to Grant
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