DETAILED ACTION
Examiner’s Remarks
Regarding the election/amendment filed 3/9/2026:
The cancelation of claims 21-30 and 40 is acknowledged and accepted.
The addition of new claims 41-51 is acknowledged and accepted.
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 .
Election/Restrictions
Applicant’s election without traverse of Group II (claims 31-39 and 41-51) the reply filed on 3/9/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/3/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The following title is suggested:
A SELF-CHECKOUT DEVICE FOR IDENTIFYING OBJECTS IN VIDEO FRAMES WHEN BARCODES ARE DETECTED AND WHEN BARCODES ARE NOT DETECTED
Claim Objections
Claims 41, 42 and 49 are objected to because of the following informalities:
Claims 41, 42 and 49 contain an acronym (e.g. RGB, RGB-D, 1D), however do not provide the full name. If the applicant is to claim the acronym, the full name should be referenced at least once within the claims in parentheses (e.g. red, green, blue (RGB)).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 39 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 39 recites “using a machine learning model to detect, crop, embed, and identify objects”. This language implies that the machine learning model crops objects and also embeds objects. More specifically, that objects are cropped and embedded. The specification does not describe cropping objects and embedding objects. The specification describes cropping one or more regions from each of a plurality of frames ([0025], [0094]). The specification also recites embedding vectors, not objects. The specification also recites “generating from each of the cropped one or more regions, an embedding representation of the sales item visible therein” ([0025]). Embedding representation of an object is not equivalent to embedding an object itself. Likewise, cropping a region from video frames is not equivalent to cropping an object itself. As such, this claim fails to comply with the written description requirement.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 39, 41 and 47 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 39 recites “wherein analyzing the selected frames is performed using a machine model to detect, crop, embed, and identify objects”. It is unclear if the applicant intends the claim language to be interpreted as “detect objects, crop objects, embed objects and identify objects”. More specifically, the way the claim is recited, implies that all these steps are with respect to objects. It is noted that claim does recite detect one or more objects and identifying at least one or more of the objects. As such, it is not clear which, if any, of the steps of “detect, crop, embed, and identify” relates back to the steps in claim 31 and which are additional steps not directed to those in claim 31. For example, with respect to “embed”, does the applicant mean “embed objects”, or “embed the generated embedded feature vectors”? It appears “crop object” would be a new step unrelated to those in claim 31. Please clarify.
Claim 41 recites “RGB-D camera”. It is not clear what “RGB-D” is. Please clarify. It is noted that the specification defines RGB as (red, green, blue) in para [0056], however does not define what ”D” is. As such, it is not clear what the “D” is in RGB-D. Please clarify.
Claim 47 recites “displaying an itemized list of registered products and the total bill on a display screen”. It is not clear if “registered products” are the same as, or different than, the identified product in claim 31 since there is no step of registering the identified product in claim 31. Please clarify.
Claims not specifically addressed are indefinite due to their dependency.
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 31-33, 35-39, 44 and 46-50 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-19 of U.S. Patent No. 12,380,772. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite substantially similar subject matter (see chart below). The differences between the instant claims and the patented claims do not result in a substantive difference which would modify the scope of the claimed invention. Thus, the claims only contain nominal differences in language which do not render them patentably distinct from the patented claims.
INSTANT CLAIM(S)
PATENTED CLAIM(S)
31. (Currently Amended) A method implemented by a self-checkout device, the method comprising: receiving, from a first camera and a second camera oriented at different angles, video footage of a detection plate and one or more products placed thereon; detecting a presence of motion in the video footage; selecting a sequence of video frames over a time interval corresponding to the detection of the presence of motion; detecting and decoding one or more barcodes visible in the selected video frames; when [[event]] no barcode is detected, analyzing the selected video frames to detect one or more objects and generating embedded feature vectors thereof; comparing the embedded feature vectors with stored feature vectors of products in a product database; identifying at least one of the one or more objects as a product; and calculating a total bill based on prices of the at least one identified one or more product[[s]].
35. (Previously Presented) The method of claim 31, wherein generating embedded feature vectors comprises converting extracted visual features of detected objects into embedded feature vectors.
37. (Previously Presented) The method of claim 31, further comprising displaying the total bill on a display screen of the self-checkout device.
1. A self-checkout device comprising: a detection plate adapted to allow placement of products thereon; one or more cameras positioned to have a Field-of-View encompassing at least the detection plate, the one or more cameras configured to provide a video footage; a processor; and a memory communicably coupled to the processor and comprising processor instructions that when executed by the processor, wherein the processor comprises: a motion detection module configured to detect presence of motion in the video footage; a sequence selection module configured to select a sequence of video frames over a time interval corresponding to the detection of the presence of motion in the video footage; an appearance interpretation module configured to register one or more products present in the sequence of video frames, wherein the appearance interpretation module comprises: an object detection module configured to analyze the sequence of video frames to detect one or more objects therein; a cropping module configured to isolate the detected one or more objects in the sequence of video frames and to extract visual features of the detected one or more objects; an embedding module configured to convert the extracted visual features of the detected one or more objects into an embedded feature vector; and an expert system module configured to compare the embedded feature vector with pre-stored feature vectors in an embedding database, and to identify the detected one or more objects based on the comparison, wherein the identified one or more objects are registered as the one or more products; a billing module configured to fetch prices of the registered one or more products, generate a total bill based on the fetched prices, and process a payment for the total bill; and a controller module operatively connected to the one or more cameras and communicatively coupled with the motion detection module, the sequence selection module, the appearance interpretation module and the billing module to control operations thereof and facilitating communications therebetween.
14. A method implemented by a self-checkout device, the method comprising: receiving, by a processor, a video footage of a detection plate of the self-checkout device captured by one or more cameras, wherein the detection plate adapted to allow placement of products thereon, and wherein the one or more cameras are positioned to have a Field-of-View encompassing at least the detection plate; detecting, by the processor, a presence of motion in the video footage by processing thereof; selecting, by the processor, a sequence of video frames over a time interval corresponding to the detection of the presence of motion in the video footage; registering, by the processor, one or more products present in the sequence of video frames by: analyzing, by the processor, the sequence of video frames to detect one or more objects therein; isolating, by the processor, the detected one or more objects in the sequence of video frames and to extract visual features of the detected one or more objects; converting, by the processor, the extracted visual features of the detected one or more objects into an embedded feature vector; comparing, by the processor, the embedded feature vector with pre-stored feature vectors in an embedding database, and identifying, by the processor, the detected one or more objects based on the comparison, wherein the identified one or more objects are registered as the one or more products; fetching, by the processor, prices of the registered one or more products; generating, by the processor, a total bill based on the fetched prices and processing a payment for the total bill; and displaying, by the processor, the total bill on a display screen of the self-checkout device.
19. A non-transitory computer-readable medium having machine-readable instructions stored therein, which when executed by one or more processing units, cause the one or more processing units to perform the steps comprising: receiving, from one or more cameras, a video footage of a detection plate of the self-checkout device, wherein the detection plate adapted to allow placement of products thereon, and wherein the one or more cameras are positioned to have a Field-of-View encompassing at least the detection plate; detecting presence of motion in the video footage; selecting a sequence of video frames over a time interval corresponding to the detection of the presence of motion in the video footage; registering one or more products present in the sequence of video frames, by: analyzing the sequence of video frames to detect one or more objects therein; isolating the detected one or more objects in the sequence of video frames and to extract visual features of the detected one or more objects; converting the extracted visual features of the detected one or more objects into an embedded feature vector; and comparing the embedded feature vector with pre-stored feature vectors in an embedding database, and to identify the detected one or more objects based on the comparison, wherein the identified one or more objects are registered as the one or more products; fetching prices of the registered one or more products; and generating a total bill based on the fetched prices and processing a payment for the total bill.
The instant claims are method claims, and patented claims 1-13 are drawn to a system and patented claim 19 is drawn to a non-transitory computer readable medium having instructions to perform processing steps. However, the method is inherent to the patented system and non-transitory computer readable medium claiming the process steps.
Regarding the instant dependent claims, the patented dependent claims recite similar limitations.
Examiner’s Remarks
With respect to claim(s) 31-39 and 41-51, the examiner makes no prior art rejection. However, these claims are not allowable pursuant to the pending Double Patenting rejection, 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, rejection (where applicable) and 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, rejection (where applicable).
With respect to claim 31, prior art fails to teach or reasonably suggest, either singly or in combination, when no barcode is detected, analyzing the selected video frames to detect one or more objects and generating embedded feature vectors thereof, in addition to the other limitations of the claim.
Telephone/Fax Information
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/SUEZU ELLIS/Primary Examiner, Art Unit 2876
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