DETAILED ACTION
Notice of Pre-AIA or AIA Status
I. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
II. This action is in response to applicants amendment/arguments filed on May 31, 2026. This action is made FINAL.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
III. Claims 1, 4-6, 8-10, 12-14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2018/140715 A1) in view of Zhou et al. (US 2013/0141313 A1), and Albada (US 2022/0018665 A1 including Provisional application No. 62/705,811, filed on July 16, 2020).
Regarding claim 1 Lee teaches an apparatus for guiding a delivery person (see paragraphs [0035]; [0041]; [0057], The unloading plan includes instructions to deliver one of the packed shipping containers to a facility final destination and/or intermediary destination. This reads on an apparatus for guiding a delivery person), the apparatus comprising a Smart Device configured as a wearable eyeglass and including one or more cameras mounted on the wearable eyeglass in alignment with a forward field of view of the wearable eyeglass (see paragraphs [0041]; [0046]; [0064] and Fig. 2, Wearable smart device, such as eyeglasses or eyeglass frames with RFID tag readers monitor products. A camera can be mounted to the glasses and oriented to capture images and/or video forwardly. This reads on the apparatus comprising a Smart Device configured as a wearable eyeglass and including one or more cameras mounted on the wearable eyeglass in alignment with a forward field of view of the wearable eyeglass), a display screen, one or more processors, memory, and a communication interface, wherein the one or more processors and the memory are configured to execute instructions that cause the Smart Device to (see paragraphs [0047]; [0055]; [0049], The glasses include an electronic assembly. The electronic assembly include a control circuit, a storage device, and a transceiver. The control circuit refers to computer or processor and memory with programming stored therein to carry out the functions. A display can be mounted to the front frame portion of the glasses. This reads on display screen, one or more processors, memory, and a communication interface, wherein the one or more processors and the memory are configured to execute instructions that cause the Smart Device to): associate a tag with a product to be delivered from a first location to a second location (see paragraphs [0037]; [0082]; [0089], Scanning RFID tags associated with shipping containers and/or products as they are loaded onto the delivery vehicle. The eyeglass frames scans the shipping container and/or product RFID tags. The shipping container starts on a vehicle departing from a first location and arriving at final location such as a retail facility or customer location. This reads on associate a tag with a product to be delivered from a first location to a second location); activate positional capabilities included in or associated with the Smart Device, including a GPS circuit, to determine a general location of the Smart Device (see paragraph [0057] and Fig. 2, Location tracking for the user via the wearable device can be included. The electronic assembly can include location determination circuitry such as global positioning. The position of the user while the work flow is completed can be monitored. This reads on activate positional capabilities included in or associated with the Smart Device, including a GPS circuit, to determine a general location of the Smart Device); identify the product by scanning the tag using the Smart Device at the first location (see paragraphs [0082] & [0089], The eyeglasses scan the shipping container and/or product RFID tags. The control circuit receives the scanned information from the RFID tag reader and confirms the identification of the particular shipping container with the delivery vehicle. The delivery vehicle starts at a departure location. This reads on identify the product by scanning the tag using the Smart Device at the first location); guide the delivery person via the display screen included in the Smart Device to a drop-off location for the product by providing directions to the drop-off location (see paragraphs [0055]; [0057]; [0085], The output device can be a display mounted to the frame portion of the glasses. Directions can be provided to the user through output device to a next location such as the drop off location for the product. The unloading plan may instruct delivery of the shipping containers to the final destination. This reads on guide the delivery person via the display screen included in the Smart Device to a drop-off location for the product by providing directions to the drop-off location), the drop-off location being the second location (see paragraphs [0085] & [0089], The facility final destination read on the drop-off location being the second location); and correlate movements of the product during transport until the product is relocated to the second location (see paragraphs [0085] & [0089], The unloading plan may instruct delivery of the shipping container to a facility final destination or drop off destination. An item location may be updated based upon movement of the delivery vehicle. This may occur, for example, upon the departure of a delivery vehicle, upon receipt of a location update for a delivery vehicle (i.e., an updated delivery vehicle location), or upon the arrival of the delivery vehicle at the retail facility or customer location. This reads on correlate movements of the product during transport until the product is relocated to the second location).
Lee does not teach optically scanning the tag using the one or more cameras of the Smart Device.
Zhou teaches optically scanning the tag using the one or more cameras of the Smart Device (see paragraph [0060] and Fig. 2 & Fig. 6, The transceiver of the eyeglass device (200, Fig. 2) transmits a command to start scanning of the barcode by the camera of the eyeglass device 200. This reads on optically scanning the tag using the one or more cameras of the Smart Device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Lee adapt to include optically scanning the tag using the one or more cameras of the Smart Device because it is well known that wearable personal digital interfaces such as wearable eyeglass (see Fig. 2) can be configured with optical device for scanning codes (see Zhou, paragraph [0011]) and it would allow for an efficient mechanism for identifying products/items of interest.
Lee and Zhou do not teach guiding the delivery person by displaying, on the display screen, a map superimposed with the general location of the Smart Device, and providing turn-by-turn directions; and correlate movements from the first location to the second location, the correlation of movements comprising recording, in the memory, an environmental history of the product through a plurality of checkpoints.
Albada teaches guiding the delivery person by displaying, on the display screen, a map superimposed with the general location of the Smart Device, and providing turn-by-turn directions (Se paragraphs [0013] & [0066] and Fig. 6, Navigable paths from a common start point to a common destination are provided along with navigation(e.g. a navigable walking path) to the common destination. The client device may be a wearable computing device (see paragraph [0021]). A user interface displays a navigable path from a current location of the user to a common destination. This reads on guiding the delivery person by displaying, on the display screen, a map superimposed with the general location of the Smart Device, and providing turn-by-turn directions); and correlate movements from the first location to the second location, the correlation of movements comprising recording, in the memory, an environmental history of the product through a plurality of checkpoints (see paragraph [0022], The client device provides location traces as the courier navigates from their vehicle (e.g., start location is a parking lot) to the pickup location and/or delivery location for the item. Each location trace comprises location information (e.g., latitude/longitude information) along with a timestamp. For example, the location trace can indicate that at time0, the user is at baggage claim (lat1/long1); at time, the user is 10 meters from baggage claim (lat2/long2); at time2, the user is 20 meters from baggage claim (lat3/long3); and so forth. This reads on correlate movements from the first location to the second location, the correlation of movements comprising recording, in the memory, an environmental history of the product through a plurality of checkpoints).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Lee and Zhou combination adapt to include guiding the delivery person by displaying, on the display screen, a map superimposed with the general location of the Smart Device, and providing turn-by-turn directions; and correlate movements from the first location to the second location, the correlation of movements comprising recording, in the memory, an environmental history of the product through a plurality of checkpoints because it would allow for a more efficient and user friendly navigation mechanism for wearable devices (see Albada, paragraph [0003]).
Regarding claim 4 Lee teaches identify, responsive to scanning the tag, at least one of manufacturing data and historical data about the product (see paragraphs [0060] & [0066] - [0067], The RFID scanner of the glasses can scan RFID tags that contain identification information for the products, which can include time, shipping, specification data, description, and a condition of the product. This reads on identify, responsive to scanning the tag, at least one of manufacturing data and historical data about the product).
Regarding claim 5 Lee teaches wherein the tag comprises a physical tag including at least one of an RFID label, a hash label, and a barcode label (see paragraph [0060] and Fig. 1, Shipping containers and products can have associated RFID tags (132, Fig. 1) that contain identification information for the products. This reads on wherein the tag comprises a physical tag including at least one of an RFID label, a hash label, and a barcode label).
Regarding claim 6 Lee teaches wherein the one or more cameras are configured to continuously capture imagery of a scene in front of the delivery person for identification of the product (see paragraphs [0064] & [0067], The camera mounted to the glasses and oriented to capture images and/or video forwardly. The camera can be automatically operated by control of the circuit. Th camera can record an image or video regarding the product. This reads on teaches wherein the one or more cameras are configured to continuously capture imagery of a scene in front of the delivery person for identification of the product).
Regarding claim 8 Lee teaches wherein the Smart Device is configured to display only those items that are within a view-plane of the one or more cameras (see paragraphs [0064] & [0067], The camera mounted to the glasses and oriented to capture images and/or video forwardly. The camera can be automatically operated by control of the circuit. The camera can record an image or video regarding the product. This reads on to display only those items that are within a view-plane of the one or more cameras).
Regarding claim 9 Lee teaches recording a path of the product through a plurality of checkpoints unit arrival at the drop-off location (see paragraphs [0057] & [0089], An item location may be updated in the database based on movement of the delivery vehicle. This may occur upon departure of a delivery vehicle, upon receipt of a location update for the delivery vehicle, and upon the arrival of the delivery vehicle (drop-off). The correlation of movements of the product can be made by position monitoring using global positioning. This reads on recording a path of the product through a plurality of checkpoints unit arrival at the drop-off location).
Regarding claim 10 Lee teaches wherein the Smart Device is configured to communicate with a reference transceiver system disposed at a drop-off facility for verifying arrival of the product (see paragraphs [0082] & [0089], Upon placement of a particular shipping container, the control circuit may confirm the proper location of the shipping container and updates the database regarding an unload location of the particular shipping container upon removal from the delivery vehicle. The item location may be updated upon the arrival of the delivery vehicle at the retail facility or customer location. This reads on wherein the Smart Device is configured to communicate with a reference transceiver system disposed at a drop-off facility for verifying arrival of the product).
Regarding claim 12 Albada teaches wherein the Smart Device is configured to record the environmental history of the product during the transport (see paragraph [0022], The client device provides location traces as the courier navigates from their vehicle (e.g., start location is a parking lot) to the pickup location and/or delivery location for the item. Each location trace comprises location information (e.g., latitude/longitude information) along with a timestamp. For example, the location trace can indicate that at time0, the user is at baggage claim (lat1/long1); at time, the user is 10 meters from baggage claim (lat2/long2); at time2, the user is 20 meters from baggage claim (lat3/long3); and so forth. This reads on wherein the Smart Device is configured to record an environmental history of the product during the transport).
Regarding 13 claim Albada teaches one or more sensors within the smart device configured to sense acceleration or vibration of the wearable eyeglasses (see paragraph [0074], motion detection using one or more accelerometers reads on or more sensors within the smart device configured to sense acceleration or vibration of the wearable eyeglasses).
Regarding claim 14 Albada teaches wherein the one or more sensors within the smart device further comprise a location sensor operative to determine a position of the wearable eyeglass (See paragraph [0022], The location traces can be obtained from various sensors such as a global positioning system GPS receiver. This reads on wherein the one or more sensors within the smart device further comprise a location sensor operative to determine a position of the wearable eyeglass).
Regarding claim 20 Lee teaches wherein the Smart Device is configured to display digital information corresponding to an item of interest on the display screen of the Smart Device (see paragraphs [0064] & [0067], The camera mounted to the glasses and oriented to capture images and/or video forwardly. The camera can be automatically operated by control of the circuit. The camera can record an image or video regarding the product. This reads wherein the Smart Device is configured to display digital information corresponding to an item of interest on the display screen of the Smart Device).
IV. Claims 2-3, 7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2018/140715 A1) in view of Zhou et al. (US 2013/0141313 A1), Albada (US 2022/0018665 A1 including Provisional application No. 62/705,811, filed on July 16, 2020), and Nygren et al. (US 2018/0061207 A1).
Regarding claim 2 Lee, Zhou, and Albada the apparatus of claim 1 except for wherein the smart device comprises an accelerometer configured to detect jarring movements of the product during the transport.
Nygren teaches wherein the smart device comprises an accelerometer configured to detect jarring movements of the product during the transport (see paragraphs [0022]; [0029], A device may monitor the frequency and amplitude of the vibrations that the goods are subject to during transport. An accelerometer may generate signals representative of a sensed vibration. The accelerometer may generate other signals indicative of movement such as shock data. This reads on wherein the smart device comprises an accelerometer configured to detect jarring movements of the product during the transport).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the make smart device in the Lee, Zhou, and Albada combination adapt to include an accelerometer configured to detect jarring movements of the product during the transport because the accelerometer to detect jarring can be implemented in the smart device of the Lee, Zhou, and Albada in the same way as it is implemented in Nygren and it would allow for improved monitoring and alerting of the condition of the items/products (see Nygren, paragraph [0001]).
Regarding claim 3 Lee, Zhou, and Albada teach the apparatus of claim 1 except for wherein the smart device comprises a vibration sensor configured to detect dropping of the product during the transport.
Nygren teaches wherein the smart device comprises a vibration sensor configured to detect dropping of the product during the transport (see paragraphs [0022]; [0029], A device may monitor the frequency and amplitude of the vibrations that the goods are subject to during transport. An accelerometer may generate signals representative of a sensed vibration. The accelerometer may generate other signals indicative of movement such as g-force data. G-force data indicates a momentary, sharp reduction in recorded acceleration such as when an object impacts the ground. This
reads on wherein the smart device comprises a vibration sensor configured to detect dropping of the product during the transport).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the smart device in the Lee, Zhou, and Albada combination adapt to include a vibration sensor configured to detect dropping of the product during the transport because an vibration sensor can be implemented in the smart device of the Lee, Zhou, and Albada combination in the same way as it is implemented in Nygren and it would allow for improved monitoring and alerting of the condition of the items/products during transport (see Nygren, paragraph [0001]).
Regarding claim 7 Lee, Zhou, and Albada teaches the apparatus of claim 1 except for wherein the smart device is configured to display items of interest on a map superimposed with a location of the delivery person.
Nygren teaches wherein the smart device is configured to display items of interest on a map superimposed with a location of the delivery person (see paragraph [0049], data is generated for display to one or more users (a carrier, a recipient, a shipper) relating to the transport vehicle location and status. The display may generate map data that illustrates the location of the vehicle, the vibration data monitored during transport and characteristics of the cargo. This reads on wherein the smart device is configured to display items of interest on a map superimposed with a location of the delivery person).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the smart device in the Lee, Zhou, and Albada combination adapt to include being configured to display items of interest on a map superimposed with a location of the delivery person because an it would allow for improved monitoring and alerting of the condition of the items/products during transport (see Nygren, paragraph [0001]).
Regarding claim 11 Lee, Zhou, and Albada teach the apparatus of claim 1 except for wherein the Smart device is configured to communicate with one or more nodes distributed along a route to refine a positional accuracy of the delivery person.
Nygren teaches communicating with one or more nodes distributed along a route to refine a positional accuracy of the delivery person (see paragraphs [0034] & [0072] and Fig. 2, An alert can be generated based on a determination by location module that a current location of the device is within or has just entered or left, one or more defined geographic areas such as checkpoint locations. The alarm data may include data from the location module to show where along the route the alarms occurred. This reads on wherein the Smart device is configured to communicate with one or more nodes distributed along a route to refine a positional accuracy of the delivery person).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the smart device in the Lee, Zhou, and Albada combination adapt to include being configured to communicate with one or more nodes distributed along a route to refine a positional accuracy of the delivery person because an it would allow for improved monitoring and alerting of the condition of the items/products during transport (see Nygren, paragraph [0001]).
V. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2018/140715 A1) in view of Zhou et al. (US 2013/0141313 A1), Albada (US 2022/0018665 A1 including Provisional application No. 62/705,811, filed on July 16, 2020), and Bostick et al. (US 2016/0070439 A1).
Regarding claim 15 Lee, Zhou, and Albada teach the apparatus of claim 14 except for wherein the one or more sensors within the Smart device are further configured to determine a direction of interest of the delivery person wearing the wearable eyeglass.
Bostick teaches wherein the one or more sensors within the Smart device are further configured to determine a direction of interest of the delivery person wearing the wearable eyeglass (see paragraph [0015], The AR glasses can track user eye movement. A user can select an object using gaze focal point tracker capability. An object of interest may be selected with the gaze focal point tracker which uses the direction of a user’s gaze to extrapolate a focal point of the user’s vision. This reads on wherein the one or more sensors within the Smart device are further configured to determine a direction of interest of the delivery person wearing the wearable eyeglass).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the smart device in the Lee, Zhou, and Albada combination adapt to include one or more sensors within the Smart device are further configured to determine a direction of interest of the delivery person wearing the wearable eyeglass because it would allow for improved determinations to be made about the user’s environment and objects in the user’s environment (see Bostick, paragraph [0003]).
VI. Claims 16-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2018/140715 A1) in view of Zhou et al. (US 2013/0141313 A1), Albada (US 2022/0018665 A1 including Provisional application No. 62/705,811, filed on July 16, 2020), Boesen (US 2018/0124497), and Bostick et al. (US 2016/0070439 A1).
Regarding claim 16 Lee, Zhou, and Albada teach the apparatus of claim 1 except for a wrist strap worn by the delivery person including one or more sensors configured to quantify a physiological condition of the delivery person when the wrist strap is secured on an arm of the delivery person.
Boesen teaches quantify a physiological condition of the delivery person when a device is secured to the user (see paragraph [0018] and Fig. 2, The device sensors may be utilized to sense any number of biometric conditions, readings, or information. This reads on quantify a physiological condition of the delivery person when a device is secured to the user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the apparatus in the Lee, Zhou, and Albada combination adapt to include a quantify a physiological condition of the delivery person when a device is secured to the user because it would allow for improved determinations to be made about the user’s physiological environment (see Boesen above).
Bostick teaches a wrist strap worn by the delivery person including one or more sensors configured to quantify a physiological condition of the delivery person when the wrist strap is secured on an arm of the delivery person (see paragraphs [0018] – [0019] & [0021], and Fig. 1, A smart watch with one or more sensors can detect one or more muscle movements for a gesture such as a hand movement. The sensor detection can include electrical activity produced by the user’s muscle. The smart watch may be worn on the users wrist. This reads on wrist strap worn by the delivery person including one or more sensors configured to quantify a physiological condition of the delivery person when the wrist strap is secured on an arm of the delivery person).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the apparatus in the Lee, Zhou, Albada, and Boesen combination adapt to include a wrist strap worn by the delivery person including one or more sensors configured to quantify a physiological condition of the delivery person when the wrist strap is secured on an arm of the delivery person because it would allow for improved determinations to be made about the user’s environment and objects in the user’s environment (see Bostick, paragraph [0003]).
Regarding claim 17 Bostick teaches wherein the Smart device and the wrist strap are configured to establish a wireless connection (see paragraph [0019] and Fig. 1, The smart watch may be wearable and capable of sending data to the AR glasses over wireless communication network. This reads on wherein the Smart device and the wrist strap are configured to establish a wireless connection).
Regarding claim 18 Bostick teaches wherein the smart device is configured to translate, based on signals from the one or more sensors within the wrist strap, hand, and finger movements of the delivery person into control commands (see paragraphs [0008[ & [0015] and Fig. 2, The uses data from one or more sensors included in smart watch to capture user gestures or motions such as a finger motion or an arm motion associated with smart watch. The AR glasses may receive sensor data from sensor on smart watch for muscle movements associated with a gesture such as bending a finger or turning a wrist or curling all fingers. E-commerce application may use a gesture associated with muscle movements detected by a sensor, such as sensor on smart watch, to configure a user identified command or action such as “move to shopping cart. This reads on wherein the smart device is configured to translate, based on signals from the one or more sensors within the wrist strap, hand, and finger movements of the delivery person into control commands).
Regarding claim 19 Boesen teaches wherein the physiological condition quantified by the one or more sensors within the wrist strap comprises at least one of a body temperature, a heart rate, a blood oxygen level, a blood sugar level, a blood pressure, and an intracranial pressure of the delivery person (see paragraph [0018], The sensors may be utilized to sense biometric readings such as heart rate and information on blood. This reads on wherein the physiological condition quantified by the one or more sensors within the wrist strap comprises at least one of a body temperature, a heart rate, a blood oxygen level, a blood sugar level, a blood pressure, and an intracranial pressure of the delivery person).
Regarding claim 21 Lee teaches control commands that include a command to designate the product as having arrived at the drop-off location (see paragraphs [0022] & [0089], Update an item location in the database upon detection of arrival of the delivery vehicle at the retail facility. A item location may be updated in the database based upon movement of the delivery vehicle. This may occur upon the arrival of the delivery vehicle at the customer location. This reads on control commands that include a command to designate the product as having arrived at the drop-off location).
Response to Arguments
VII. Applicant’s arguments with respect to claims 1-21 have been considered but are moot in view of the new grounds of rejection.
Conclusion
VIII. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647
June 11, 2026
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