Obviousness

Obviousness Analysis of US Patent 11,037,093 B2 Under 35 U.S.C. § 103

This analysis addresses the obviousness of US Patent 11,037,093 B2 ("'093 patent") under 35 U.S.C. § 103, considering the state of the art prior to its priority date of March 30, 2015 [cite: Priority date]. A person having ordinary skill in the art (POSITA) in logistics, supply chain management, or food technology would have been motivated to combine existing technologies to address the well-known challenges associated with perishable food delivery, such as spoilage, waste, and maintaining product quality. The following combinations of prior art references demonstrate how the claims of the '093 patent, particularly independent Claim 1, would have been obvious.

Independent Claim 1 Breakdown and Obviousness

Independent Claim 1 describes a computer-implemented method for managing a food delivery process, encompassing several steps related to monitoring food product history, evaluating freshness, determining delivery windows, extending delivery distances, prioritizing deliveries, and removing unsafe products.

1. Receiving Food Product History and Product Profiles with Changing Conditions:
Claim 1 requires "receiving, by a computer, a food product history for each food product stored in each of a plurality of product containers... wherein each food product history includes: an expiration date of the associated food product, storage time information, storage condition information, and temperature history." It also specifies that "each of the food products is associated with a profile, wherein the profile includes ideal handling and/or process conditions... wherein the ideal handling and/or process conditions change over time by a predefined amount as specified in the profile."

• US20110193710A1 (Priority: August 17, 2011) teaches a refrigerated container monitoring system that measures internal temperature and other parameters of perishable cargo during shipping. It communicates with a command center for real-time tracking and monitoring. This reference explicitly details the collection of temperature history and monitoring of storage conditions during transit.
• US20130214938A1 (Priority: February 21, 2013) describes a system for monitoring food quality using sensor tags to detect real-time environmental changes during transport. It aims to evaluate food quality information in real-time and provide "all histories generated during production, transporting, and distribution processes." This directly addresses receiving comprehensive product history and using sensor tags.
• US20130138656A1 (Priority: October 22, 2012) introduces a food inventory system that utilizes expiration date information for managing food items.
• MX2017008822A (Priority: December 31, 2014) teaches monitoring gas emissions of perishable products, which is a form of real-time condition monitoring contributing to food product history.

A POSITA would find it obvious to combine these systems to gather a complete food product history, including expiration dates (from US20130138656A1), storage time/conditions, and temperature history (from US20110193710A1 and US20130214938A1). The concept of associating a product with an "ideal handling and/or process condition profile" is inherent in temperature-controlled logistics, as US20110193710A1 mentions adhering to "strict shipping and temperature-control requirements." The idea that these ideal conditions might "change over time" (e.g., a cooked meal needing to stay hot for a period, then safely cool) is a basic principle in food science and would be a straightforward implementation for a POSITA when creating such a profile.

2. Evaluating Freshness Metric Based on Preferred Ranges:
Claim 1 states "evaluating, by the computer, a freshness metric for each of the food products stored in the plurality of product containers based on the food product history; wherein evaluating the freshness metric for each of the food products is based at least in part on whether the conditions in the respective product containers have been within preferred ranges for the ideal handling and/or process conditions from the origin to the destination."

• US20130214938A1 explicitly teaches "evaluating food quality information in real time" based on sensor tag data. This real-time evaluation functions as a freshness metric.
• US20110193710A1 describes a system that alerts stakeholders when a "cargo sensor is reporting an out-of-range temperature and therefore that corrective action is necessary." This directly teaches comparing conditions against "preferred ranges" (e.g., FDA requirements) to assess product integrity, which directly correlates to freshness or quality.
• US20130138656A1 identifies "soon to expire foods" which implicitly uses a freshness metric (time until expiration) to manage inventory.

A POSITA would be motivated to use the collected food product history (temperature, storage conditions) from US20110193710A1 and US20130214938A1 to actively evaluate a freshness metric. The comparison of monitored conditions against predefined ideal ranges (as taught by US20110193710A1's alerts for out-of-range temperatures) is a logical and obvious step in determining food quality and freshness for perishable goods.

3. Determining Delivery Time Window and Extending Delivery Distance:
Claim 1 specifies "determining a delivery time window for each of the food products based on the food product history; extending a distance of delivery for at least some of the food products based on the delivery time window associated therewith."

• US20130138656A1 teaches tracking food items' expiration or spoilage dates to manage inventory and prioritize use. This effectively defines a "time window" for a food product's usability.
• US9218585B2 (Priority: March 29, 2011) describes a supply chain management system where "Logistics decisions can include... whether the vehicle and the products in the vehicle should be routed to a destination different from the original destination (e.g., to increase sales of the products)." This directly teaches dynamically rerouting or changing destinations based on sensed product conditions (including shelf-life prediction), which inherently enables "extending a distance of delivery" if conditions permit.
• WO2015154831A1 (Priority: April 9, 2014) teaches dynamic fleet routing, where delivery plans are adjusted based on real-time factors and includes splitting planning periods into time slots.

A POSITA, motivated to maximize the utility and sales of perishable food, would combine the expiration/spoilage time window (from US20130138656A1) with dynamic routing and rerouting capabilities (from WO2015154831A1 and US9218585B2). If real-time monitoring shows that a food product maintains its freshness for longer than initially anticipated (i.e., its delivery time window is effectively extended), it would be obvious to leverage this extended window to reach more distant destinations or new markets, as explicitly taught by US9218585B2 to "increase sales of the products."

4. Receiving Updated History, Prioritized Delivery Scheme, and Product Removal:
Claim 1 includes "receiving, by the computer, an updated food product history for each of the food products...; using, by the computer, the updated food product history and the delivery time window to determine a prioritized delivery scheme for the food products; and sending, by the computer, the prioritized delivery scheme to an individual transporting the product containers and/or to a dispatcher, wherein the food products with a relatively lower freshness metric are prioritized for delivery ahead of other food products with a relatively higher freshness metric, wherein food products having a freshness metric below a predefined threshold are removed from the delivery time window."

• US20130214938A1 discusses "sensing the change in the environment... in real time" and providing "all histories generated during production, transporting, and distribution processes," which implies receiving updated history.
• US20130138656A1 teaches prioritizing food items that are "soon to expire" (i.e., have a lower freshness metric) for consumption or use to avoid spoilage. It also implies removing expired items from availability.
• WO2015154831A1 teaches dynamic fleet routing and generating delivery plans, which would include sending updated schemes to drivers/dispatchers.

A POSITA would find it obvious to continuously update the food product history using real-time monitoring (from US20130214938A1). Given the existing knowledge of prioritizing inventory based on expiration (from US20130138656A1), it would be a natural and logical step to apply this prioritization directly to a dynamic delivery scheme (from WO2015154831A1). The motivation is to minimize waste and ensure quality by delivering less fresh items first and to explicitly remove products deemed unsafe or undesirable (freshness metric below a threshold) from the delivery stream, notifying relevant personnel (driver/dispatcher).

Conclusion of Obviousness

The combination of prior art references such as US20110193710A1, US20130214938A1, US20130138656A1, US9218585B2, WO2015154831A1, and MX2017008822A would render independent Claim 1 of US11037093B2 obvious to a person having ordinary skill in the art. The motivation to combine these references stems from the clear and recognized problem in the food delivery industry of maintaining quality, minimizing spoilage, and optimizing logistics for perishable goods. Integrating real-time monitoring of food conditions and freshness with dynamic routing and inventory management was a predictable extension of existing technologies, aimed at improving efficiency, reducing waste, and enhancing customer satisfaction. Such combinations would enable informed decision-making and automated adjustments in food delivery, which were known desiderata in the art prior to the '093 patent's priority date.