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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-5, 7-9 and 11-13 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In the Amendment under 37 CFR 1.111 (“Response”) filed 19 December 2025, Independent claims 1, 8 and 9 were amended to include the server transmitting “to the checkout machine, control signal for turning on a light to call a clerk in a case where the item requiring the age confirmation is included in the list of items to be purchased that is created based on item identification information received from the mobile terminal”, however the subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s), at the time the application was filed, had possession of the claimed invention.
For example, ¶ 0122 of the Instant Publication (US Pub No. 2024/0054870) states “the checkout machine 5 determines whether or not the items to be purchased listed in the payment information include the age confirmation item (step S321). When no age confirmation item is included (step S321: No), the checkout process advances to step S324. On the other hand, when the age confirmation item is included (step S321: Yes), the checkout machine 5 displays an age confirmation screen (step S322). FIG. 14 illustrates a display example of the age confirmation screen. As illustrated, the age confirmation screen includes a message indicating that the age confirmation is performed by a clerk. Incidentally, at the same time as displaying the age confirmation screen, the checkout machine 5 may turn on the light 57 or output a sound from the speaker 58” (emphasis added). Further, Fig. 13 of the Instant Application describes that all the control after scanning the barcode in S320 then goes to the Checkout Machine.
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Nothing in the Instant Specification describes a feature where the server individually controls or sends a control signal to the light on the checkout machine.
Claims 2-5, 7 and 11-13 are rejected under 35 U.S.C. 112(a) for being dependent under a rejected claim under 35 U.S.C. 112(a).
Conclusion
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 Hunter Wilder whose telephone number is (571)270-7948. The examiner can normally be reached Monday-Friday 8:30AM-5:30PM.
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, Florian Zeender can be reached at (571)272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A. Hunter Wilder/Primary Examiner, Art Unit 3627
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