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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 13-15, 17-19, 42-44, 51, 61, 62, 73-75, 77-79, 103-105 and 112 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Metellus et al. (US 10,538,190).
As of claim 1, Metellus discloses a method for providing enhanced automated access to a dispatched personal delivery device (via storage compartment vehicle 100 (SCV 100)) operative to transport a shipment item within a selectively opened storage area within the dispatched personal delivery device as part of a dispatched logistics transaction involving the shipment item (see fig. 1; also see col. 3, lines 9-18), the method comprising the steps of:
detecting, using a first of a plurality of external sensors on the dispatched personal delivery device, a person disposed external to the dispatched personal delivery device (via detecting a person 225 disposed external to the SCV 100; see fig. 2; also see col. 3, lines 38-42; col. 4, lines 65 through col. 5, line 10 and col. 5, lines 58-67);
authenticating, by a controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is an authorized participant to the dispatched logistics transaction based upon sensor data generated by the first of the external sensors and provided to the controller (via identifying the person 225; see fig. 2; also see col. 3, lines 38-42; col. 4, lines 65 through col. 5, line 10 and col. 5, lines 58-67); and
providing, by an actuator on the dispatched personal delivery device operatively coupled to the controller, access to the selectively opened storage area within the dispatched personal delivery device to permit the dispatched logistics transaction by the detected person when the detected person has been authenticated to be the authorized participant to the dispatched logistics transaction (see col. 5, lines 10-20 “Upon identification of the customer 225, the control system 212 of the SCV determines an appropriate storage compartment 204 of the storage compartment component 202… the control system 212 sends an instruction to disengage a locking mechanism 207 of the storage compartment or otherwise cause a door 218 to be opened).
As of claim 61, Metellus discloses a personal delivery device apparatus using enhanced automated access as part of a dispatched logistics transaction initiated by a dispatch server, the dispatched logistics transaction involving a shipment item and a person disposed external to the personal delivery device apparatus (via storage compartment vehicle (SCV 100/200; see figs. 1 and 2) , the personal delivery device apparatus comprising:
a mobile delivery frame, the person disposed external to the personal delivery device apparatus being disposed external to the mobile delivery frame (see fig. 2);
a selectively opened storage area disposed within the mobile delivery frame, the selectively opened storage area being operative to maintain and transport the shipment item (via plurality of storage compartments 104/204; see figs. 1 and 2; also see col. 3, lines 10-15);
an actuated door disposed on the mobile delivery frame, the actuated door providing actuated access to the selectively opened storage area (via doors on the storage compartments 104/204; see figs. 1 and 2; also see col. 4, lines 5-10);
an actuator coupled to the actuated door, the actuator being responsive to a door actuation signal to articulate the actuated door between a closed position sealing the selectively opened storage area and an open position providing access to the selectively opened storage area (via lock mechanism 207; see fig. 2; also see col. 5, lines 13-18);
a propulsion system disposed on the mobile delivery frame for moving the mobile delivery frame in response to a motion control signal (via propulsion system 114; see fig. 1; also see col. 3, lines 20-24);
a controller disposed within the mobile delivery frame, the controller being coupled to the actuator and operative to generate the door actuation signal to cause the actuator to articulate the actuated door, the controller being further coupled to the propulsion system and operative to generate the motion control signal (via control system 212; see fig. 2; also see col. 5, lines 8-15);
a wireless communication interface coupled to the controller, the wireless communication interface being operative to communicate with the dispatch server (via antennas 108/208 and transceiver 1256 used to communicate with an SCV monitoring service 1290; see figs. 1, 2 and 12B; also see col. 3, lines 55-58)
a plurality of external sensors disposed on the mobile delivery frame, the external sensors monitoring an external environment relative to the mobile delivery frame, wherein each of the external sensors being coupled to the controller (via SCV comprising one or more sensors such as camera or microphone; see col. 3, lines 38-45);
wherein the controller being further operative to detect, using a first of the external sensors, the person disposed external to the mobile delivery frame (via detecting a person 225 disposed external to the SCV 100; see fig. 2; also see col. 3, lines 38-42; col. 4, lines 65 through col. 5, line 10 and col. 5, lines 58-67);
authenticate that the detected person disposed external to the mobile delivery frame is an authorized participant to the dispatched logistics transaction based upon sensor data generated by the first of the external sensors and provided to the controller (via identifying the person 225; see fig. 2; also see col. 3, lines 38-42; col. 4, lines 65 through col. 5, line 10 and col. 5, lines 58-67); and
activate the actuator to articulate the actuated door to provide actuated access to the selectively opened storage area within the mobile delivery frame to permit the dispatched logistics transaction by the detected person when the detected person has been authenticated to be the authorized participant to the dispatched logistics transaction (see col. 5, lines 10-20 “Upon identification of the customer 225, the control system 212 of the SCV determines an appropriate storage compartment 204 of the storage compartment component 202… the control system 212 sends an instruction to disengage a locking mechanism 207 of the storage compartment or otherwise cause a door 218 to be opened).
As of claims 2 and 62, Metellus discloses that the first of the external sensors comprises an external camera (via camera 206; see figs 1 and 2);
wherein the detecting step comprises detecting the person disposed external to the dispatched personal delivery device by capturing an image of the person disposed external to the dispatched personal delivery device as the sensor data using the external camera; and wherein the authenticating step comprises authenticating, by the controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is the authorized participant to the dispatched logistics transaction based upon the captured image of the person as the sensor data generated by the external camera and provided to the controller (see col. 5, lines 65 through col. 6, lines 15; “camera 206 may obtain one or more images of the customer 225 and process the images to determine an identity of the customer. For example, images of the customer 225 obtained by the camera 206 may be processed using one or more facial recognition algorithms to determine an identity of the customer 225. Upon determining the identity of the customer, the SCV 200 may determine a storage compartment to open to enable access to the interior of the storage compartment”).
As of claims 13 and 73, Metellus discloses that the authenticating step comprises authenticating, by the controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is the authorized participant to the dispatched logistics transaction based upon a plurality of different types of sensor data collected by different ones of the external sensors (via authenticating the person 225 via wireless communication with a portable device 222, facial recognition, scanning an identifier and audio processing; see col. 6, lines 12-25).
As of claims 14 and 74, Metellus discloses that the detecting step comprises identifying, using the first of the external sensors, that the person disposed external to the dispatched personal delivery device is moving towards the dispatched personal delivery device (in the system of Metellus the camera 206 will obtain one or more images of the person 225 once the person is moving towards the SCV 200 at a certain distance from the camera 206; see fig. 2; also see col. 5, lines 65 through col. 5, line 3).
As of claims 15 and 75, Metellus discloses that the detecting step comprises identifying, using the first of the external sensors, that the person disposed external to the dispatched personal delivery device to be holding the shipment item (see fig. 6; also see col. 9, lines 27-37, “agent may approach the SCV 400 and utilize the camera 606-1, 606-2, 606-3 of the corresponding SCV to scan the item to be stowed in the SCV 600. In such an example, the SCV 600 may scan an identifier or other marker on the item and determine a storage compartment 619 into which the item is to be stowed. Upon determining the storage compartment, the SCV may open the door of the storage compartment to provide access by the agent to the interior of the storage compartment so that the agent can stow the item in the storage compartment.).
As of claims 17 and 77, Metellus discloses that the dispatched logistics transaction comprises loading the shipment item into the selectively opened storage area within the dispatched personal delivery device (via placing the item in the storage compartment 204 of the SCV 200; see fig. 2; also see col. 5, lines 19-24).
As of claims 18 and 78, Metellus discloses that the dispatched logistics transaction comprises unloading the shipment item from the selectively opened storage area within the dispatched personal delivery device (via retrieving the time from the storage compartment 204 of the SCV 200; see col. 5, lines 10-18).
As of claims 19 and 79, Metellus discloses that the step of automatically confirming completion of the dispatched logistics transaction using an internal sensor that monitors the interior contents of the selectively opened storage area (Metellus discloses that the SCV 200 may scan the item that is placed back into the storage compartment to identify the item. The customer may only be charged for the one item retrieved by the customer from the SCV and the second item that was returned into the storage compartment of the SCV 200 may be routed back to a source location by the SCV and/or made available for purchase and immediate retrieval from the SCV by another customer, hence automatically confirming completion of the transaction using an internal sensor; see col. 5, lines 42-49 and col. 13, lines 32-40).
As of claims 42 and 103, Metellus discloses that the authenticating step comprises authenticating, by the controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is the authorized participant to the dispatched logistics transaction based upon (a) sensor data generated by the first of the external sensors and provided to the controller (via camera 206 obtaining images of the person 225 and providing to the control system 212; see col. 5, lines 65 through col. 6, lines 4) and (b) an authentication response received from a dispatch server by the controller on the dispatched personal delivery device (via receiving an authentication response from an SCV monitoring service 1290; see fig. 12A; also see col. 6, lines 16-30).
As of claims 43 and 104, Metellus discloses that the authenticating step comprises:
receiving, by the controller on the dispatched personal delivery device, the sensor data generated by the first of the external sensors (via receiving images one or more image of the person 225; see col. 5, lines 65 through col. 6, lines 4);
transmitting, by the controller on the dispatched personal delivery device, an authorization confirmation message to a dispatch server based upon the sensor data generated by the first of the external sensors (via SCV 200 transmitting the images to SCV monitoring service 12090; see col. 6, lines 20-23);
receiving, by the controller on the dispatched personal delivery device, an authentication response from the dispatch server (via receiving response from the SCV monitoring server 1290; see col. 6, lines 24-30); and
authenticating, by the controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is the authorized participant to the dispatched logistics transaction based upon at least the authentication response received from the dispatch server (Metellus discloses that upon identification of the person 225, the SCV monitoring service indicate to the SCV 200 one or more storage compartments to be opened; see col. 6, lines 24-30).
As of claims 44 and 105, Metellus discloses authenticating step comprises:
receiving, by the controller on the dispatched personal delivery device, the sensor data generated by the first of the external sensors, the sensor data reflecting an observed parameter related to the detected person disposed external to the dispatched personal delivery device (via receiving images one or more image of the person 225; see col. 5, lines 65 through col. 6, lines 4);
transmitting, by the controller on the dispatched personal delivery device, an authorization confirmation message to a dispatch server based upon the sensor data reflecting the observed parameter related to the detected person disposed external to the dispatched personal delivery device (via SCV 200 transmitting the images to SCV monitoring service 12090; see col. 6, lines 20-23);
receiving, by the controller on the dispatched personal delivery device, an authentication response from the dispatch server reflecting whether the observed parameter related to the detected person indicates the detected person is the authorized participant to the dispatched logistics transaction (via receiving response from the SCV monitoring server 1290; see col. 6, lines 24-30); and
authenticating, by the controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is the authorized participant to the dispatched logistics transaction based upon at least the authentication response received from the dispatch server (Metellus discloses that upon identification of the person 225, the SCV monitoring service indicate to the SCV 200 one or more storage compartments to be opened; see col. 6, lines 24-30).
As of claims 51 and 112, Metellus discloses that the authenticating step comprises authenticating, by the controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is the authorized participant to the dispatched logistics transaction based upon (a) sensor data generated by multiple ones of the external sensors and provided to the controller (via sensor data generated by microphone 225,wireless communication with a portable device 222, obtaining images of the person 225 using camera 206, scanning an identifier; see col. 5, lines 65 through col. 6, lines 20) and (b) an authentication response received from a dispatch server by the controller on the dispatched personal delivery device (via receiving an authentication response from an SCV monitoring service 1290; see fig. 12A; also see col. 6, lines 16-30).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 3 and 63 are rejected under 35 U.S.C. 103 as being unpatentable over Metellus et al. (US 10,538,190) in view of Salomao et al. (US Pub 2020/0353893).
As of claims 3 and 63, Metellus discloses all the limitations of the claimed invention as mentioned in claim 1 above, however it does not explicitly disclose the step of capturing and authenticating an image of an identifier worn by the person, wherien the identifier comprises a uniform logo, a symbol visible on clothing and a visual tag visible on the person.
Salomao discloses an access control system wherien a vehicle captures images of a logo, a badge or other identifying material (320, 322, 308B; see figs. 4A and 4B) worn by a person 109 and authenticates the images to allow access to the vehicle (see paragraph [0005], [0035] and [0078]).
From the teaching of Salomao, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system of Salomao to include the function of authenticating a uniform logo, a symbol visible on clothing or a visual tag as taught by Salomao in order to validate the person’s access.
Claims 7, 10, 52, 67 and 70 are rejected under 35 U.S.C. 103 as being unpatentable over Metellus et al. (US 10,538,190) in view of HO et al. (US Pub 2020/0349786).
As of claims 7 and 67, Metellus discloses all the limitations of the claimed invention as mentioned in claims 1 and 61 above, however it does not explicitly disclose that the first of the external sensors comprises a proximity sensor; and wherein the detecting step comprises detecting the person disposed external to the dispatched personal delivery device by detecting a location of the person relative to the dispatched personal delivery device as the sensor data using the proximity sensor.
HO discloses that an electronic lock comprises a proximity sensor and when the proximity sensor indicates that a person is within a predetermined distance of the sensor, a camera is triggered to record images/videos (see paragraph [0224]).
From the teaching of Ho, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system of Metellus to include a proximity sensor in order to initiate the camera recording once the person is at a threshold distance from and access device.
As of claim 52, Metellus discloses all the limitations of the claimed invention as mentioned in claims 7 above, Metellus further discloses a second of the external sensors comprises an external camera; and wherein the authenticating step comprises authenticating, by the controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is the authorized participant to the dispatched logistics transaction based upon a captured image of the person as sensor data generated by the external camera (see col. 5, lines 65 through col. 6, lines 15; “camera 206 may obtain one or more images of the customer 225 and process the images to determine an identity of the customer. For example, images of the customer 225 obtained by the camera 206 may be processed using one or more facial recognition algorithms to determine an identity of the customer 225. Upon determining the identity of the customer, the SCV 200 may determine a storage compartment to open to enable access to the interior of the storage compartment”)
Ho discloses that an electronic lock comprises a proximity sensor and when the proximity sensor indicates that a person is within a predetermined distance of the sensor, a camera is initiated to record images/videos (see paragraph [0224]).
As of claims 10 and 70, Metellus discloses that the first of the external sensors comprises a microphone (see col. 6, lines 9-15 “customer 225 may interact with the SCV 200 audibly by providing a verbal input that is received by the microphone 205 and processed to determine the customer 225. Audio processing may include, but is not limited to, processing the audio to determine a vocal signal corresponding to the customer, to detect a passphrase uttered by the customer) and wherein the authenticating step comprises authenticating, by the controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is the authorized participant to the dispatched logistics transaction based upon (a) capturing audio data as sensor data generated by the microphone and provided to the controller and (b) comparing the audio data to an audio reference related to the authorized participant to the dispatched logistics transaction (and wherein a second of the external sensors comprises a proximity sensor; wherein the detecting step comprises detecting the person disposed external to the dispatched personal delivery device using sensor data generated by the proximity sensor, the sensor data indicating an object within a threshold distance from the dispatched personal delivery device).
However, Metellus does not explicitly disclose that a second of the external sensors comprises a proximity sensor; wherein the detecting step comprises detecting the person disposed external to the dispatched personal delivery device using sensor data generated by the proximity sensor, the sensor data indicating an object within a threshold distance from the dispatched personal delivery device.
Ho discloses that an electronic lock comprises a proximity sensor and when the proximity sensor indicates that a person is within a predetermined distance of the sensor, a camera is initiated to record images/videos and a microphone is initiated to detect audio (see paragraph [0224]). HO further disclose that the electronic lock uses voice recognition to identify an individual (see paragraph [0083]).
From the teaching of Ho, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system of Metellus to include a proximity sensor in order to initiate the audio recording once the person is at a threshold distance from and access device.
Claims 16 and 76 are rejected under 35 U.S.C. 103 as being unpatentable over Metellus et al. (US 10,538,190) in view of Myers et al. (US Pub 2019/0032390).
As of claims 16 and 76, Metellus discloses all the limitations of the claimed invention as mentioned in claim 1 above, however it does not explicitly disclose that the detecting step comprises identifying, using the first of the external sensors, that the person disposed external to the dispatched personal delivery device has each hand occupied and is unable to physically interact with the dispatched personal delivery device with either hand.
Myers discloses that system 70 determines whether user 10 lacks a free hand to fetch remote controller 20, e.g., by analyzing the video data to identify images of objects such as user's hands and object(s) held by the user's hands using any available object recognition techniques. For instance, user 10 may have both hands 15 loaded with grocery bags or other carried items, or pushing a baby stroller or a dolly, or using a walker, and thus is not able to have a free hand. In scenarios 100 and
200 shown in FIGS. 1 and 2, user 10 is pushing shopping cart 40 with both hands 15 on the shopping cart, and thus system 70 may determine that user 10 lacks a free hand to fetch remote controller 20," see paragraph [0020]).
From the teaching of Myers, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system of Metellus to determine if user’s hands are full as taught by Myers in order to trigger hands-free operation (see paragraph [0020]).
Claims 122-124 are rejected under 35 U.S.C. 103 as being unpatentable over Metellus et al. (US 10,538,190) in view of Heinla (US Pub 2019/0287051).
As of claim 122, Metellus discloses all the limitations of the claimed invention as mentioned in claim 1 and 61 above, Metellus further discloses determine an auto-confirm status of the dispatched logistics transaction using internal sensor data generated by the internal sensor that monitors the interior of the selectively opened storage area, the auto-confirm status reflecting whether the dispatched logistics transaction is complete and cause the wireless communication interface to transmit a content confirmation message to the dispatch server based upon the internal sensor data generated by the internal sensor and the auto-confirm status of the dispatched logistics transaction (Metellus discloses that the SCV 200 may scan the item that is placed back into the storage compartment to identify the item. The customer may only be charged for the one item retrieved by the customer from the SCV and the second item that was returned into the storage compartment of the SCV 200 may be routed back to a source location by the SCV and/or made available for purchase and immediate retrieval from the SCV by another customer (see col. 5, lines 42-49 and col. 13, lines 32-40). Metellus further discloses that the SCV 200 may maintain an inventory of high velocity items (items that are frequently purchased) and the customer may select to purchase and immediately retrieve the item from a storage compartment of the SCV 200. In such an example, upon purchase of the item by the customer 225, the SCV 200 and/or a SCV monitoring service in communication with the SCV 200 allocates a storage compartment containing the item to the customer and causes the door of the allocated storage compartment to open, thereby providing access to the item, hence automatically confirming completion of the transaction using an internal sensor (see col. 6 line 65 through col. 7, line 8).
However Metellus does not explicitly disclose that the dispatch server being operative to receive the content confirmation message sent to the dispatch server, and generate a corrective action message to the mobile personal delivery device in response to the content confirmation message; and wherein the controller on the mobile personal delivery device is further operative to receive, via the wireless communication interface, the corrective action message from the dispatch server; and cause a corrective change in operation of the mobile personal delivery device as indicated by the corrective action message.
Heinla discloses a delivery system and method for delivering packages to multiple recipients using a mobile robot (see fig. 1). Heinla discloses that the mobile robot transmits a content confirmation message to a server and receives a corrective action message and cause a corrective change in operation of the robot as indicated by the correction action message (via server sending a command to the robot, such as “start an alarm” “flash the lights”, “close the lock”, “depart the delivery location”; see paragraphs [0018] and [0028]).
From the teaching of Heinla it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system of Metellus to use the technique of performing corrective action as taught by Heinla in order to mitigate incorrect loading or unloading of items from the robot.
As of claim 123, Metellus discloses that the SCV monitoring service provide navigation instruction to the SCV 100/200 (see col. 3, lines 55-57). Metellus further discloses that the SCV monitoring service may provide instructions to the SCV 200. For example, upon identification of a customer 225, the SCV monitoring service may indicate to the SCV 200 one or more storage compartments to be opened so that the customer can access the interior of the one or more storage compartments. In some implementations, the SCV monitoring service and/or an agent, such as a human operator, may be in wireless communication with the SCV 200 to control navigation of the SCV 200 and/or to visually and/or audibly communicate with a customer at the SCV 200 (see col. 6, lines 24-38).
Heinla further discloses that the controller on the mobile personal delivery device is operative to cause the corrective change in operation of the mobile personal delivery device by being further operative to cause a corrective change in movement of the mobile delivery frame as indicated by the corrective action message (via departing the delivery location; see paragraph [0018]).
As of claim 124, Heinla discloses the controller on the mobile personal delivery device is operative to cause the corrective change in operation of the mobile personal delivery device by being further operative to generate a corrective notification for the detected person disposed external to the mobile delivery frame, the corrective notification providing information related to the corrective action message (via emitting a visual and audible notification; see paragraph [0034]).
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,380,754. Although the conflicting claims are not identical, they are not patentably distinct from each other because
Present application (19/290247) Claim 1:
A method for providing enhanced automated access to a dispatched personal delivery device operative to transport a shipment item within a selectively opened storage area within the dispatched personal delivery device as part of a dispatched logistics transaction involving the shipment item, the method comprising the steps of: detecting, using a first of a plurality of external sensors on the dispatched personal delivery device, a person disposed external to the dispatched personal delivery device; authenticating, by a controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is an authorized participant to the dispatched logistics transaction based upon sensor data generated by the first of the external sensors and provided to the controller; and providing, by an actuator on the dispatched personal delivery device operatively coupled to the controller, access to the selectively opened storage area within the dispatched personal delivery device to permit the dispatched logistics transaction by the detected person when the detected person has been authenticated to be the authorized participant to the dispatched logistics transaction.
Conflicting Patent (12,380,754) Claim 1:
A method for providing enhanced automated access to a dispatched personal delivery device operative to transport a shipment item within a selectively opened storage area within the dispatched personal delivery device as part of a dispatched logistics transaction involving the shipment item, the method comprising the steps of: detecting, using a first of a plurality of external sensors on the dispatched personal delivery device, a person disposed external to the dispatched personal delivery device, detecting that the person is carrying the shipment item, and identifying the shipping item being carried by the person; in response to detecting the person, detecting the person is carrying the shipping item, and identifying the shipping item being carried by the person, authenticating, by a controller on the dispatched personal delivery device, that the detected person disposed external to the dispatched personal delivery device is an authorized participant to the dispatched logistics transaction based upon sensor data generated by the first of the external sensors and provided to the controller; providing, by an actuator on the dispatched personal delivery device operatively coupled to the controller, access to the selectively opened storage area within the dispatched personal delivery device to permit the dispatched logistics transaction by the detected person when the detected person has been authenticated to be the authorized participant to the dispatched logistics transaction; automatically confirming completion of the dispatched logistics transaction using a combination of multiple internal sensors that monitor the interior contents of the selectively opened storage area and using a combination of multiple types of sensor data produced by the multiple internal sensors, wherein the multiple internal sensors comprise an internal camera that generates image data, a LIDAR sensor that generates mapping data representing the interior contents of the selectively opened storage area, and an internal weight scale monitoring a weight of what is stored as the interior contents of the selectively opened storage area to generate weight data, and wherein the automatically confirming step further comprises identifying, by the controller on the dispatched personal delivery device, a change in the interior contents of the selectively opened storage area based upon a combination of the image data, the mapping data, and the weight data; and confirming, by the controller on the dispatched personal delivery device, the completion of the dispatched logistics transaction based upon the change in the interior contents of the selectively opened storage area; and initiating, automatically, movement of the dispatched personal delivery device, by the controller, when the controller confirms completion of the dispatched logistics transaction.
Comments
The patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”
Present application (19/290247)
Conflicting Patent (12,380,754)
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Conclusion
Note: Even though a restriction requirement has not been made in this office action but is possible in future because application claims different embodiments or species and restriction is possible between combination and subcombination inventions as well.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sangeneni et al. (US Pub 2021/0319582) a method of determining volume of a cargo space of a vehicle in real-time includes generating an initial spatial model of the cargo space using images from a plurality of cameras including cameras for capturing at least one of depth and color, positioned in and around the cargo space.
High et al. (US Pub 2017/0161673) discloses that a computing device at a product distribution facility processes an electronic packing list including products to be loaded into the cargo space of the delivery vehicle and retrieves data from a database that may include size, weight, and product characteristic parameters for the products on the electronic packing list, size and shape parameters of the cargo space of the delivery vehicle, and packing rules for the at least one product on the electronic packing list.
Siris (US Pub 2016/0180289) discloses systems and methods for utilizing Light Detection and Ranging (LIDAR) sensors to facilitate loading and unloading of assets into receptacles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIL H SYED whose telephone number is (571)270-3028. The examiner can normally be reached 8:00-5:00 M-F.
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/NABIL H SYED/ Primary Examiner, Art Unit 2689
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