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 .
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 1-12 of U.S. Patent No. 12, 430, 521. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the claims are obviously expressly found an implied in the instant application .
Claim 1 of the instant application recites the following limitations:
A system comprising: at least one processor; and a memory storing programming instructions for execution by the at least one processor, the programming instructions, upon execution by the at least one processor, causing the system to perform the following operations: receiving or obtaining radio frequency identification (RFID) tag data gathered from a sales floor of a retail facility, the RFID tag data including signal strengths of RFID item tags and a signal strength of an RFID location tag that is separate from the RFID item tags, wherein the RFID item tags identify items on the sales floor and the RFID location tag identifies a location on the sales floor; analyzing a combination of the signal strengths of the RFID item tags and the signal strength of the RFID location tag to identify an extraneous item within a threshold range of the RFID location tag; and transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag.
Whereas claim 1 of US Patent No. 12, 430, 521 the applicant claims:
1. A system, comprising: a processor; and a memory communicatively coupled to the processor and having stored thereon computer-executable instructions causing the processor to: receive, by a central computing device, radio frequency identification (RFID) tag data gathered by a robotic device maneuvering across a sales floor of a retail facility, the RFID tag data including signal strengths of RFID item tags and a signal strength of an RFID location tag, wherein the RFID item tags identify apparel items offered for sale on the sales floor and the RFID location tag identifies a location on the sales floor, the RFID location tag being separate from the RFID item tags; analyze, by the central computing device, a combination of the signal strengths of the RFID item tags and the signal strength of the RFID location tag to identify a set of RFID item tags that are located within a threshold range of the RFID location tag; determine, by the central computing device, that a set of the apparel items identified by the set of RFID item tags includes an extraneous apparel item associated with an assigned location on the sales floor that is different than the location on the sales floor identified by the RFID location tag; and send a notification to the robotic device, the notification instructing the robotic device to move the extraneous apparel item from the location on the sales floor identified by the RFID location tag to the assigned location on the sales floor.
The instant claims obviously encompass the claimed invention of the patented
application and differs only by terminology which is well within the level of one of
ordinary skill in the art. Reading claims 1-20 of the instant application in light of the
specification, the Examiner finds that claims 1-20 merely recite an obvious variant of the
invention already patented in claims 1-12 of US Patent No. 12, 430, 521 B2.
The correspondence of claims is as follows:
Claim 1, 2, 3, 4, 6, 7 of the instant application corresponds to claims 1, 2, 4 of US Patent No. 12, 430, 521.
Claim 5 of the instant application corresponds to claims 1 and 3 of US Patent No. 12, 430, 521.
Claims 8, 9, 10, 11, 13, 14 of the instant application corresponds to claim 5, 6, 8 of US Patent No. 12, 430, 521.
Claim 12 of the instant application corresponds to claims 5 and 7 of US Patent No. 12, 430, 521.
Claims 15, 16, 17, 18, 20 of the instant application corresponds to claim 9, 10, 12 of US Patent No. 12, 430, 521.
Claim 19 of the instant application corresponds to claims 9 and 11 of US Patent No. 12, 430, 521.
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over O'Hagan US Patent No. 10, 929, 622 in view of HEWETT et al WO 2018183571.
Re Claim 1, O’hagan discloses a system comprising:
at least one processor; and a memory storing programming instructions for execution by the at least one processor, the programming instructions, upon execution by the at least one processor, causing the system to perform the following operations:
receiving or obtaining radio frequency identification (RFID) tag data gathered from a sales floor of a retail facility (Column 7, line 61-Column 8 line 3, Column 8, lines 20-25) ,
the RFID tag data including signal strengths of RFID item tags (RF inventory 103; fig. 1; and a signal strength of an RFID location tag ( RF target 102 ) that is separate from the RFID item tags (103) ( Column 4, lines 47-50 , Conventional passive RFID systems may use attributes of the received signal (such as received signal strength, to calculate a location of the RFID tag ) , wherein the RFID item tags (103) identify items on the sales floor and the RFID location tag (102; Fig. 1) identifies a location on the sales floor (Column 6, lines 38-40 Column 8, lines 20-27, the RF target 102 may be an RFID tag that includes a tag memory including location data identifying a location of the RFID tag);
analyzing a combination of the signal strengths of the RFID item tags and the signal strength of the RFID location tag (Column 4, lines 47-50 , Conventional passive RFID systems may use attributes of the received signal (such as received signal strength, to calculate a location of the RFID tag ; column 7, line 61- Column 8 line 4, the receiver 110 receives the target signal 112 and/or the inventory tag signal 113. Upon receiving the target signal 112 and/or the inventory tag signal 113, the receiver 110 decodes a response or other data from the target signal 112 and/or the inventory tag signal 113 then transmits or otherwise provides the decoded data to the computing device 114; column 8, lines 20-35 the target signal 112 to obtain response data associated with the RF target 102 that transmitted the target signal 112, and/or may analyze the inventory tag signal 113 to obtain response data associated with the RF inventory tag 103., the response data may include information such as the tag UID, a tag application ID, a tag location, Column 11, lines 24-38) to identify an extraneous item (intended use limitation ) within a threshold range of the RFID location tag (Column 6, line 38-59) ;
O’hagan fails to disclose transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag.
However Hewett discloses transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag (P145, P140, P147, P148, P164).
Given the teachings of Hewett it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of O’hagan with transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag.
The RFID techniques can automatically identify objects with RFID tags in an efficient manner.
Re Claim 2, O’hagan and Hewett discloses The system of claim 1, and Hewett discloses wherein the assigned location is different than the location identified by the RFID location tag (Fig. 10, P140-141, P130) .
Re Claim 3, O’hagan and Hewett discloses the system of claim 1, and Hewett discloses wherein the alert or notification is transmitted to a robotic device maneuvering across the sales floor of the retail facility (P160, P164) .
Re Claim 4, O’hagan and Hewett discloses the system of claim 3, and Hewett discloses wherein the robotic device gathers the RFID tag data (P160, P164).
Re Claim 5, O’hagan and Hewett discloses the system of claim 1, and Hewett discloses wherein the alert or notification is transmitted to a user interface device of a user, the alert or notification instructing the user to move the extraneous item to the assigned location on the sales floor (P140-141, P130, P160, P164).
Re Claim 6, O’hagan and Hewett discloses the system of claim 1, and Hewett discloses wherein the extraneous item is a misplaced item (P145, P140, P147, P148, P164).
Re Claim 7, O’hagan and Hewett discloses the system of claim 1, and O’hagan discloses wherein the location identified by the RFID location tag is associated with a rack or shelf (Column 6, lines 47-52; column 7, lines 33-40).
Re Claim 8, O’hagan discloses a method comprising:
receiving or obtaining radio frequency identification (RFID) tag data gathered from a sales floor of a retail facility (Column 7, line 61-Column 8 line 3, Column 8, lines 20-25), the RFID tag data including signal strengths of RFID item tags (RF inventory 103)and a signal strength of an RFID location tag ( RF target 102 ) that is separate from the RFID item tags ( Column 4, lines 47-50 , Conventional passive RFID systems may use attributes of the received signal (such as received signal strength, to calculate a location of the RFID tag ),
wherein the RFID item tags identify items on the sales floor and the RFID location tag ( RF target 102 ) identifies a location on the sales floor (Column 6, lines 38-40 Column 8, lines 20-27, the RF target 102 may be an RFID tag that includes a tag memory including location data identifying a location of the RFID tag);
analyzing a combination of the signal strengths of the RFID item tags and the signal strength of the RFID location tag ( RF target 102 ) to identify an extraneous item within a threshold range of the RFID location tag (Column 4, lines 47-50 , Column 6, line 38-59 Conventional passive RFID systems may use attributes of the received signal (such as received signal strength, to calculate a location of the RFID tag ; column 7, line 61- Column 8 line 4, the receiver 110 receives the target signal 112 and/or the inventory tag signal 113. Upon receiving the target signal 112 and/or the inventory tag signal 113, the receiver 110 decodes a response or other data from the target signal 112 and/or the inventory tag signal 113 then transmits or otherwise provides the decoded data to the computing device 114; column 8, lines 20-35 the target signal 112 to obtain response data associated with the RF target 102 that transmitted the target signal 112, and/or may analyze the inventory tag signal 113 to obtain response data associated with the RF inventory tag 103., the response data may include information such as the tag UID, a tag application ID, a tag location, Column 11, lines 24-38);
O’hagan fails to disclose transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag.
Hewett discloses transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag (P145, P140, P147, P148, P164).
Given the teachings of Hewett it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of O’hagan with transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag.
The RFID techniques can automatically identify objects with RFID tags in an efficient manner.
Re Claim 9, O’hagan and Hewett discloses the method of claim 8, and Hewett discloses wherein the assigned location is different than the location identified by the RFID location tag (Fig. 10, P140-141, P130).
Re Claim 10, O’hagan and Hewett discloses the method of claim 8, and Hewett discloses wherein the alert or notification is transmitted to a robotic device maneuvering across the sales floor of the retail facility(P160, P164) .
Re Claim 11, O’hagan and Hewett discloses the method of claim 10, and Hewett discloses wherein the robotic device gathers the RFID tag data(P160, P164).
Re Claim 12, O’hagan and Hewett discloses the method of claim 8, and Hewett discloses wherein the alert or notification is transmitted to a user interface device of a user, the alert or notification instructing the user to move the extraneous item to the assigned location on the sales floor (P140-141, P130, P160, P164).
Re Claim 13, O’hagan and Hewett discloses the method of claim 8, and Hewett discloses wherein the extraneous item is a misplaced item (P145, P140, P147, P148, P164).
Re Claim 14, O’hagan and Hewett discloses the method of claim 8, O’hagan discloses wherein the location identified by the RFID location tag is associated with a rack or shelf(Column 6, lines 47-52; column 7, lines 33-40).
Re Claim 15, O’hagan discloses a computer program product storing programming instructions for execution by at least one processor of a system, the programming instructions, upon execution by the at least one processor, causing the system to perform the following operations:
receiving or obtaining radio frequency identification (RFID) tag data gathered from a sales floor of a retail facility(Column 7, line 61-Column 8 line 3, Column 8, lines 20-25),
the RFID tag data including signal strengths of RFID item tags(RF inventory 103) and a signal strength of an RFID location tag ( RF target 102 ) that is separate from the RFID item tags( Column 4, lines 47-50 , Conventional passive RFID systems may use attributes of the received signal (such as received signal strength, to calculate a location of the RFID tag ) , wherein the RFID item tags identify items on the sales floor and the RFID location tag ( RF target 102 ) identifies a location on the sales floor (Column 6, lines 38-40 Column 8, lines 20-27, the RF target 102 may be an RFID tag that includes a tag memory including location data identifying a location of the RFID tag);
analyzing a combination of the signal strengths of the RFID item tags and the signal strength of the RFID location tag to identify an extraneous item within a threshold range of the RFID location tag( RF target 102 ) (Column 4, lines 47-50 , Column 6, line 38-59 Conventional passive RFID systems may use attributes of the received signal (such as received signal strength, to calculate a location of the RFID tag ; column 7, line 61- Column 8 line 4, the receiver 110 receives the target signal 112 and/or the inventory tag signal 113. Upon receiving the target signal 112 and/or the inventory tag signal 113, the receiver 110 decodes a response or other data from the target signal 112 and/or the inventory tag signal 113 then transmits or otherwise provides the decoded data to the computing device 114; column 8, lines 20-35 the target signal 112 to obtain response data associated with the RF target 102 that transmitted the target signal 112, and/or may analyze the inventory tag signal 113 to obtain response data associated with the RF inventory tag 103., the response data may include information such as the tag UID, a tag application ID, a tag location, Column 11, lines 24-38);
O’hagan fails to disclose transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag.
Hewett discloses disclose transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag (P145, P140, P147, P148, P164).
Given the teachings of Hewett it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of O’hagan with transmitting an alert or notification to move the extraneous item to an assigned location on the sales floor in response to identifying the extraneous item within the threshold range of the RFID location tag.
The RFID techniques can automatically identify objects with RFID tags in an efficient manner.
Re Claim 16, O’hagan and Hewett discloses the computer program product of claim 15, and Hewett discloses wherein the assigned location is different than the location identified by the RFID location tag (Fig. 10, P140-141, P130).
Re Claim 17, O’hagan and Hewett discloses the computer program product of claim 15, and Hewett discloses wherein the alert or notification is transmitted to a robotic device maneuvering across the sales floor of the retail facility (P160, P164).
Re Claim 18, O’hagan and Hewett discloses the computer program product of claim 17, and Hewett discloses wherein the robotic device gathers the RFID tag data(P160, P164).
Re Claim 19, O’hagan and Hewett discloses the computer program product of claim 15, and Hewett discloses wherein the alert or notification is transmitted to a user interface device of a user, the alert or notification instructing the user to move the extraneous item to the assigned location on the sales floor (P140-141, P130, P160, P164).
Re Claim 20, O’hagan and Hewett discloses the computer program product of claim 15, and Hewett discloses wherein the extraneous item is a misplaced item(P145, P140, P147, P148, P164).
Conclusion
The following reference is cited but not relied upon:
Morgan discloses transmitting the location of each of the RFID tags in the first set to the first mobile device or a second mobile device to activate location tracking of the RFID tags in the first set of RFID tags on the first mobile device or second mobile device
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONJI N JOHNSON whose telephone number is (571)270-5266. The examiner can normally be reached 9am-9pm.
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, Steven Paik can be reached at 5712722404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
SONJI N. JOHNSON
Examiner
Art Unit 2876
/SONJI N JOHNSON/ Primary Examiner, Art Unit 2876