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 § 112
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.
Claim 11 on page 3 line 8: missing a step function. For examination purposes, it is interpreted as “acquiring”. Dependent claim(s) 12-17 is/are also rejected for inheriting the flaws from the parent claim(s).
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12417680. Although the claims at issue are not identical, they are not patentably distinct from each other because the current set of claims is a mere broader version of that in Patent ‘680 as illustrated below for comparison.
Re claim 1, the current application recites
1. An information processing apparatus for point-of-sale systems, the apparatus comprising:
a communication interface for connecting to a communication network; and a processor configured to:
acquire an image of an inside of a shopping container via the communication interface;
detect a commodity in the shopping container in the acquired image; receive a commodity identification for a registered commodity in a sales transaction associated with the shopping container;
if the commodity identification for the registered commodity is received within a preset time period around the detection of the commodity in the shopping container, generate a screen image by superimposing commodity information associated with the commodity identification for the registered commodity on the image of the inside of the shopping container for enabling a user to identify the commodity in the shopping container in conjunction with the superimposed commodity information; and
send the generated screen image to an attendant terminal via the communication interface.
Whereas the Patent ‘680 recites
1. An information processing apparatus for point-of-sale systems, the apparatus comprising:
a communication interface for connecting to a communication network; and a processor configured to:
acquire an image of an inside of a shopping container via the communication interface;
detect a commodity in the shopping container in the acquired image; receive a commodity identification for a registered commodity in a sales transaction, the registered commodity being registered in the sales transaction using a point-of-sale terminal associated with the shopping container; and
if the commodity identification for the registered commodity is received within a preset time period around the detection of the commodity in the shopping container, generate a screen image by superimposing commodity information associated with the commodity identification for the registered commodity on the image of the inside of the shopping container for enabling a user to identify the commodity in the shopping container in conjunction with the superimposed commodity information, wherein the processor detects a change in the number of commodities in the shopping container and outputs a notification when the number of commodities in the shopping container fails to match the number of registered commodities in the sales transaction, and
the processor is further configured to: send the generated screen to an attendant terminal via the communication interface.
Re claim 2, the limitations are substantially the same as claim 2 of the Patent ‘680.
Re claim 3, the limitations are substantially the same as claim 3 of the Patent ‘680.
Re claim 4, the limitations are substantially the same as claim 4 of the Patent ‘680.
Re claim 5, the limitations are substantially the same as claim 5 of the Patent ‘680.
Re claim 6, the limitations are substantially the same as claim 6 of the Patent ‘680.
Re claim 7, the limitations are substantially the same as claim 7 of the Patent ‘680.
Re claim 8, the limitations are substantially the same as claim 8 of the Patent ‘680.
Re claim 9, the limitations are substantially the same as claim 9 of the Patent ‘680.
Re claim 10, the limitations have been recited in the claim 1 of the Patent ‘680.
Re claim 11, the current application recites
11. A point-of-sale system, comprising:
a plurality of cart terminals, each cart terminal including a camera positioned to image an inside of a shopping basket of a shopping cart associated with the cart terminal;
an attendant terminal with a display screen; and
an information processing apparatus including: a communication interface for connecting to the plurality of cart terminals and the attendant terminal via a communication network; and a processor configured to: an image of an inside of a shopping basket from a cart terminal via the communication interface; detect a commodity in the shopping basket in the acquired image; receive a commodity identification for a registered commodity in a sales transaction associated with the cart terminal; if commodity identification the for the registered commodity is received within a preset time period around the detection of the commodity in the shopping basket, generate a screen image by superimposing commodity information associated with the commodity identification for the registered commodity on the image of the inside of the shopping basket for enabling a user to identify the commodity in the shopping basket in conjunction with the superimposed commodity information; and send the generated screen image to the attendant terminal.
Whereas the Patent ‘680 recites
10. A point-of-sale system, comprising:
a plurality of cart terminals, each cart terminal including a camera positioned to image an inside of a shopping basket of a shopping cart associated with the cart terminal; and
an information processing apparatus including: a communication interface for connecting to the plurality of cart terminals via a communication network; and a processor configured to: an image of an inside of a shopping basket from a cart terminal via the communication interface; detect a commodity in the shopping basket in the acquired image; receive a commodity identification for a registered commodity that has been registered in a sales transaction using the cart terminal; and if the commodity identification for the registered commodity is received within a preset time period around the detection of the commodity in the shopping basket, generate a screen image by superimposing commodity information associated with the commodity identification for the registered commodity on the image of the inside of the shopping basket for enabling a user to identify the commodity in the shopping basket in conjunction with the superimposed commodity information, wherein the processor detects a change in the number of commodities in the shopping basket and outputs a notification when the number of commodities in the shopping basket fails to match the number of registered commodities in the sales transaction, and
the point-of-sale system further comprises: an attendant terminal connected to the information processing apparatus via the communication network,
wherein the processor of the information processing apparatus is further configured to: send the generated screen to the attendant terminal via the communication network.
Re claim 12, the limitations have been recited in the claim 11 of the Patent ‘680.
Re claim 13, the limitations have been recited in the claim 12 of the Patent ‘680.
Re claim 14, the limitations have been recited in the claim 13 of the Patent ‘680.
Re claim 15, the limitations have been recited in the claim 14 of the Patent ‘680.
Re claim 16, the limitations have been recited in the claim 15 of the Patent ‘680.
Re claim 17, the limitations have been recited in the claim 10 of the Patent ‘680.
Re claim 18, the current application recites
18. An information processing method for point-of-sale systems, the method comprising:
acquiring an image of an inside of a shopping container via a communication interface; detecting a commodity in the shopping container in the acquired image;
receiving, via the communication interface, a commodity identification for a registered commodity in a sales transaction associated with the shopping container;
if the commodity identification for the registered commodity is received within a preset time period around the detection of the commodity in the shopping container, generating a screen image by superimposing commodity information associated with the commodity identification for the registered commodity on the image of the inside of the shopping container for enabling a user to identify the commodity in the shopping container in conjunction with the superimposed commodity information; and
sending the generated screen image to an attendant terminal via the communication interface.
Whereas the Patent ‘680 recites
16. An information processing method for point-of-sale systems, the method comprising:
acquiring an image of an inside of a shopping container via a communication interface; detecting a commodity in the shopping container in the acquired image;
receiving, via the communication interface, a commodity identification for a registered commodity in a sales transaction, the registered commodity being registered in the sales transaction using a point-of-sale terminal associated with the shopping container;
if the commodity identification for the registered commodity is received within a preset time period around the detection of the commodity in the shopping container, generating a screen image by superimposing commodity information associated with the commodity identification for the registered commodity on the image of the inside of the shopping container for enabling a user to identify the commodity in the shopping container in conjunction with the superimposed commodity information; detecting a change in the number of commodities in the shopping container and outputting a notification when the number of commodities in the shopping container fails to match the number of registered commodities in the sales transaction; and
sending the generated screen to an attendant terminal via the communication interface.
Re claim 19, the limitations have been recited in the claim 17 of the Patent ‘680.
Re claim 20, the limitations have been recited in the claim 16 of the Patent ‘680.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thien T. Mai whose telephone number is 571-272-8283. The examiner can normally be reached on M-F 8:00-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve S. Paik can be reached at 572-272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Thien T Mai/
Primary Examiner, Art Unit 2887