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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/080,417
`
`08/28/2018
`
`Tsuyoshi KATAYAMA
`
`HOKUTO-59696
`
`1000
`
`pesos
`
`ORI
`PEA
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`CLEVELAND,OH 44114-3108
`
`IWARERE, OLUSEYE
`
`3687
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/23/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`patdocket@ pearne.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-20 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)L) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 8/28/2018 is/are: a)(¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)(1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)LJ Some**
`a)L) All
`1.2 Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 8/28/2018.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20191216
`
`Application No.
`Applicant(s)
`16/080,417
`KATAYAMAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`SEYE IWARERE
`3687
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 8/28/2018.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`under the first inventor to file provisions of the AIA.
`
`2.
`
`This communication is a First Office Action Non-Final rejection on the merits.
`
`Claims 1-20, as filed on 8/28/2018, are currently pending and have beenfully
`
`considered below.
`
`3.
`
`Claim 8 is not able to be rejected by the prior art.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe obtained, notwithstanding thatthe claimed
`invention is not identicallydisclosed as set forth insection 102, if the differences between the
`claimed invention and the prior artare such thatthe claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinaryskill inthe art to which the claimed invention pertains. Patentabilityshall notbe
`negated by the manner in whichthe invention was made.
`
`5.
`
`Claims 1-7, 9-12, 15, and 17-19 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Joseph (U.S. Patent Publication No. 2019/0073656) in view of
`
`Kangas (U.S. Patent Publication No. 2008/0054071).
`
`As per claim 1, Joseph discloses a shopping assistance system, comprising
`
`a shopping basketincluding (see fig. 1):
`
`a basket body that allows goodsto be put in (seefig. 8);
`
`a goods information receiver configured to read respective goods information
`
`from each of the goods to acquire pieces of goods information on the goods ([0005] One
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 3
`
`or more sensors of the shopping cart are configured to identify a product placed into the
`
`basket or a product placed in proximity of one of said sensors. ); and
`
`a transmitter configured to transmit the pieces of goods information acquired
`
`through the goods information receiver (fig. 2 depicts a transmitter),
`
`a management system including a receiver configured to receive the piecesof
`
`goods information from the transmitter (fig. 2 item 26 depicts a management system).
`
`However, Joseph does not appear to disclose a packing machine configured to
`
`transfer the goods put in the basket body together from the basket body to a container.
`
`Kangas teaches an apparatus, system and method for sorting purchased items
`
`with the feature of a packing machine configured to transfer the goods put in the basket
`
`body together from the basket body to a container ([0067] FIG. 3A is a perspective
`
`drawing illustrating one embodimentof a sorting self -checkout system 300 of the
`
`present invention. The system 300 embodies the elements of FIG. 2 to sort purchase
`
`items 320 for the self -checkout system 100 of FIG. 1.).
`
`From this teaching of Kangas, it would have been obvious to a person of ordinary
`
`skill in the art at the time the invention wasfiled to modify the system ad method of
`
`Josephto include the transferring of goods, taught by Kangas in order to provide sorting
`
`and organizing.
`
`As per claim 2, Joseph discloses wherein the shopping basket further includes a
`
`memory configured to store the pieces of goods information ([0022] discusses a
`
`memory).
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 4
`
`As per claim 3, Joseph discloses wherein the shopping basket or the
`
`management system further includes a sensor configured to sense whether or not the
`
`basket body is placed at a predetermined location, and the transmitter is configured to,
`
`when the sensor sensesthat the basket body is placed at the predetermined location,
`
`then transmit the pieces of goods information ([0044] Circuitry 60 may also include
`
`location sensing circuitry, such as GPScircuitry. The GPScircuitry may transmit
`
`location information to a store computer, for example for locating the cartif it is not
`
`properly returned to a shopping cart station.).
`
`As per claim 4, Joseph discloses wherein the shopping basket further includes a
`
`canceller configured to receive a cancel operation for deleting at least one piece of
`
`goods information from the pieces of goods information stored in the memory ([0026]
`
`Removal of an item from basket 24 also may require scanning the removed item by a
`
`product sensor 30 so that the shopper is not charged for the removed item. The cart
`
`processor 32 can thus be configured to subtract the cost of a removed item upon
`
`scanning, after sensing the decrease in weight of basket 24.).
`
`As per claim 5, wherein the management system further includes a price data
`
`receiver configured to acquire, from an outside of the management system, price data
`
`representing respective prices of the goods based on the pieces of goods information,
`
`and a list creator configured to create a list based on the price data acquired through
`
`the price data receiver ([0006] The payment module maybe configured to implement a
`
`payment transaction process according to a total price of items placed in the basket, to
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 5
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`receive a paymenttransaction authorization, and responsively to issue a signal of a
`
`payment confirmation to confirm that payment has been successfully received. [0008]
`
`The userinterface may be further configured to provide product information comprising:
`
`cost of a product; price per weight of bulk items; nutrition information; product content
`
`weight; product volume; analogous products to a selected product; a notice of whether a
`
`productis on sale;).
`
`As per claim 6, Kangas discloses wherein the packing machine is configured to,
`
`when a checkout process of the goods is completed, then complete a packing process
`
`of transferring the goods from the basket body to the container (see fig. 3A and 3B).
`
`As per claim 7, Kangas discloses wherein the packing machine is configured to,
`
`based on the pieces of goods information, select the container for the goodsto be put
`
`into from different types of containers (see fig. 3A and 3B).
`
`As per claim 9, Joseph discloses wherein the basket body comprising a body
`
`that is formed with an upper opening and a lower opening and allows the goods to be
`
`put in, and a base plate attached to the body to allow opening and closing of the lower
`
`opening, wherein the lower opening is formed to allow the goods to pass through, and
`
`when the base plate closes the lower opening, an internal space surrounded by
`
`the body of the basket body and the base plate allows the goodsto be put in, and when
`
`the base plate opens the lower opening, the internal space allows the goods to exit from
`
`through the lower opening (see fig 1, and 5-8).
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 6
`
`As per claim 10, Joseph discloses wherein the management system further
`
`includes a data transmitter configured to transmit display data to the shopping basket,
`
`and the shopping basketfurther includes a data receiver configured to receive the
`
`display data transmitted from the data transmitter, and a display configured to perform
`
`display based on the display data received by the data receiver (see figs. 2 and 4).
`
`As per claim 11, Joseph discloses, wherein the transmitter of the shopping
`
`basketincludes an individual
`
`transmitter configured to individually transmit the pieces of
`
`goods information, the receiver of the management system includes an individual
`
`receiver configured to individually receive the pieces of goods information, and
`
`the data transmitter is configured to transmit, as the display data, display data
`
`relevant to goods information, received by the individual receiver, of the pieces of
`
`goodsinformation (see fig. 1).
`
`As per claim 12, Joseph discloses wherein the shopping basket further includes
`
`a customer information receiver configured to acquire customer information on a
`
`customerto put the goodsin the basket body, and the data receiver is configured to
`
`receive, as the display data, display data relevant to the customer information acquired
`
`through the customer information receiver (seefig. 2).
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 7
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`As per claim 15, Joseph discloses, further comprising an image capturing
`
`device configured to photograph a customer, wherein the management system is
`
`configured to transmit the request signal containing image data photographed by the
`
`image capturing device, and the operation terminal includes an image display
`
`configured to, when the request signal is received, then perform display based on the
`
`image data (see [0022] and/or a camera (or image and/or video capture unit).).
`
`As per claim 17, Joseph discloses further comprising a measuring device
`
`configured to weigh the shopping basket with the goods put in the basket body, wherein
`
`the management system further includes a determining unit configured to
`
`calculate total weight of the goods from at least one piece of weight data corresponding
`
`to the pieces of the goods information to compare the total weight with a measurement
`
`value by the measuring device ([0005] A basket of the shopping cart may be configured
`
`to rest on the scale, such that weights of products placed in the basket are indicated by
`
`the output signal of the scale.).
`
`As per claim 18, Joseph discloses, wherein the determining unit is configured to
`
`communicate with a checkout processing system configured to perform a checkout
`
`process of the goods based on the pieces of goods the determining unit being
`
`configured to: when the total weight is out of a prescribed range based on the
`
`measurement value by the measuring device, prohibit the checkout processing system
`
`from starting a checkout process of the goods; and whenthe total weightis in the
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 8
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`prescribed range, cause the checkout processing system to start the checkout process
`
`of the goods ([0005] A basket of the shopping cart may be configured to rest on the
`
`scale, such that weights of products placed in the basket are indicated by the output
`
`signal of the scale.).
`
`As per claim 19, Joseph discloses wherein the management system is
`
`configured to communicate with a checkout processing system configured to perform a
`
`checkout process of the goods based on the pieces of goods information, the
`
`management system being configured to transmit the pieces of goods information
`
`received by at least the receiver of the management system to the checkout processing
`
`system (seefig. 4).
`
`6.
`
`Claims 13, 14 and 16 is rejected under 35 U.S.C. 103 as being unpatentable
`
`over Joseph (U.S. Patent Publication No. 2019/0073656) and Kangas (U.S. Patent
`
`Publication No. 2008/0054071) in view of Vance (U.S. Patent Publication No.
`
`7,866,546).
`
`As per claim 13, Jones and Kangasdisclose the claimed invention but do not
`
`apprear to disclose further comprising an operation terminal configured to allow a clerk
`
`to enter an operation into, wherein
`
`the management system is configured to, when a specific item of goods that
`
`requires permission of the clerk to purchase is selected along with the goods, then
`
`transmit a request signal to the operation terminal, and
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 9
`
`the operation terminal is configured to, when receiving the request signal and
`
`subsequently receiving a predetermined operation, then transmit a permission signal to
`
`the management system .
`
`Vance teaches an automated checkout unit and method of use thereof
`
`further
`
`comprising an operation terminal configured to allow a clerk to enter an operation into,
`
`wherein the management system is configured to, when a specific item of goods that
`
`requires permission of the clerk to purchase is selected along with the goods, then
`
`transmit a request signal to the operation terminal, and the operation terminalis
`
`configured to, when receiving the request signal and subsequently receiving a
`
`predetermined operation, then transmit a permission signal to the management system
`
`(Col. 22, lines 23-35 “ The attendant may respond to an attendant alert screen 590.
`
`If
`
`there is a couponerror 592, they may enter the coupon price 594.
`
`If voided item
`
`approval 596 is needed, they may approve or decline 598.
`
`If a cancel order approval
`
`600 is needed, they may approve or decline 602.
`
`If age verification 604 is needed, they
`
`may enter a birthday 606 or by pass. If there is a restriction 608,”).
`
`From this teaching of Vance,
`
`it would have been obvious to a person of ordinary
`
`skill in the art at the time the inention wasfiled to modify the combination of Joseph and
`
`Kangasto include the permissions, taught by Vance in order to provide additional
`
`validation.
`
`As per claim 14, Vance discloses further comprising an operation terminal
`
`configured to allow a clerk to enter an operation into, wherein
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 10
`
`the management system is configured to, when the goods include a specific item
`
`of goods that requires permission of the clerk to purchase, then transmit a request
`
`signal to the operation terminal, and
`
`the operation terminal is configured to, when receiving the request signal and
`
`subsequently receiving a predetermined operation, then transmit a permission signal to
`
`the management system (Col. 22, lines 23-35 “ The attendant may respond to an
`
`attendant alert screen 590. If there is a coupon error 592, they may enter the coupon
`
`price 594.
`
`If voided item approval 596 is needed, they may approve or decline 598. Ifa
`
`cancel order approval 600 is needed, they may approve or decline 602.
`
`If age
`
`verification 604 is needed, they may enter a birthday 606 orby pass. If there is a
`
`restriction 608,”).
`
`Combination by the same rationale above
`
`As per claim 16, Vance discloses wherein the management system is
`
`configured to communicate with a checkout processing system configured to perform a
`
`checkout process of the goods based on the pieces of goods information, the
`
`management system being configured to: when receiving no permission signal from the
`
`operation terminal, prohibit the checkout processing system from starting a checkout
`
`process of the specific item of goods; and when receiving the permission signal from the
`
`operation terminal, cause the checkout processing system to start the checkout process
`
`of the specific item of goods (Col. 22, lines 23-35 “ The attendant may respond to an
`
`attendant alert screen 590.
`
`If there is a coupon error 592, they may enter the coupon
`
`price 594.
`
`If voided item approval 596 is needed, they may approve or decline 598. Ifa
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 11
`
`cancel order approval 600 is needed, they may approve or decline 602.
`
`If age
`
`verification 604 is needed, they may enter a birthday 606 or by pass. If there is a
`
`restriction 608,”).
`
`Combination by the same rationale above
`
`7.
`
`Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Joseph
`
`(U.S. Patent Publication No. 2019/0073656) and Kangas (U.S. Patent Publication
`
`No. 2008/0054071) in view of Swartz (U.S. Patent Publication No. 2003/0132298)
`
`As per claim 20, Joseph and Kangas disclose the claimed invention but do not
`
`appear to explicitly disclose wherein the management system further includes
`
`a display controller configured to cause a display device to display an on-screen
`
`menu that provides selection of at least one or more types of specific goods, and
`
`an inventory controller configured to monitor respective inventory quantities of
`
`the one or more types of specific goods based on a sales history of the one or more
`
`types of specific goods, wherein the display controller is configured to vary contents of
`
`the on-screen menu based on a monitoring result by the inventory controller.
`
`Swartz teaches a consumerinteractive shopping system wherein the
`
`management system further includes a display controller configured to cause a display
`
`device to display an on-screen menu that provides selection of at least one or more
`
`types of specific goods, and an inventory controller configured to monitor respective
`
`inventory quantities of the one or more types of specific goods based on a sales history
`
`of the one or more types of specific goods, wherein the display controller is configured
`
`to vary contents of the on-screen menu based on a monitoring result by the inventory
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 12
`
`controller ([0072] The product profile database (or a separate related product database)
`
`may also include external characteristics of the products. These records include the
`
`price of the products, profits from the products, expenses associated with the products,
`
`available promotions, the location of the products within the store, the number of
`
`products in inventory, the date of next shipment, etc.
`
`[0121] The customer has an option of printing out a "Shopper Sheet." The
`
`Shopper Sheet may contain a shopping list, which may include scanned items from the
`
`portable terminal and/or items from a historical database. ).
`
`From this teaching of Swartz, it would have been obvious to a person of ordinary
`
`skill in the art at the time the invention wasfiled to modify the combination of Joseph
`
`and Kangasto include the inventory information, taught by Swartz in order to improve
`
`order collection and fulfillment.
`
`Conclusion
`
`8.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure. Kim (U.S. Patent Publication No. 2012/0284132), Kangas (U.S.
`
`Patent Publication No. 2009/0140850), See also Notice of References Cited Form
`
`attached.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SEYE WARERE whose telephone numberis (571)270-
`
`5112. The examiner can normally be reached on M-F 8:00 - 16:30.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`

`

`Application/Control Number: 16/080,417
`Art Unit: 3687
`
`Page 13
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Fahd Obeid can be reached on (571) 270-3324. The fax phone numberfor
`
`the organization where this application or proceeding is assigned is 571-273-8300.
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`
`/OLUSEYE WARERE/
`Primary Examiner, Art Unit 3687
`
`