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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/18/2026 has been entered.
Response to Arguments
Applicant argues that the prior art of record does not teach and/or suggest a storage compartment comprising a first drawer that in part defines an outer surface of a side of the mobile vending system recited in newly amended independent claim 1.
In response, the Examiner respectfully disagree with the Applicant. The rejection of claim 1 containing the portion regarding the Applicant’s argument is herein restated with explanatory comments embedded therein:
Claim 1, Jafa discloses a mobile vending system, the system comprising: a storage compartment (120) configured to store products, the storage compartment comprising a first drawer that in part defines an outer surface of a side of the mobile vending system (para.0030; product storage 100 can include a drawer which can be automatically or manually extended; therefore, the outer surface of storage compartment 100 defines the outer surface of the drawer that defines an outer surface of a side of 10);
Applicant argues that the prior art of record does not teach and/or suggest Jafa does not disclose or suggest a drawer that in part defines a first outer surface of the mobile vending system and a door that defines a second outer surface that is perpendicular to the first outer surface recited in newly amended independent claim 14.
In response, the Examiner respectfully disagree with the Applicant. The rejection of claim 14 is herein restated with explanatory comments embedded therein:
Claim 14, Jafa discloses a mobile vending system, the system comprising: a first storage compartment (130,150) configured to store products, wherein the first storage compartment (100,130) is a drawer that in part defines a first outer surface of the mobile vending system (para.0030; product storage 100,130 can include a drawer; para.0030; product storage 100 can include a drawer which can be automatically or manually extended; therefore, the outer surface of storage compartment 100 has a drawer and the outer surface of compartment 100 is the outer surface of the drawer that defines a first outer surface of a side of 10); a second storage compartment (150,152) comprising a recess (150) and a door (152), wherein the door in part defines a second outer surface of the system (para.0028; since door 152 covers dispensing opening 150, door 152 will define a second outer surface of the system; this is very apparent); wherein the first and second storage compartments are insulated (such refrigerated vending machine compartments are inherently insulated) and accessible by a consumer (see figures); and temperature control packs (para.0027) removably disposed within the storage compartment; a user interface (200), the user interface comprising a display; a payment processing unit (210), the payment processing unit configured to detect a payment source; a control unit (400) configured to communicate with the payment processing system to authorize a purchase when the payment processing unit detects a payment source; a battery (para.0034) configured to provide power to the user interface, the payment processing unit, and the control unit; a housing (see figures) disposed on an exterior of the mobile vending system, the housing comprising the user interface, the payment processing unit, and the control unit; wherein the mobile vending system is movable from a first position to a second position (figures).
Although Jafa does not disclose wherein the second outer surface (para.0028; since door 152 covers dispensing opening 150, door 152 will define a second outer surface of the system; this is very apparent); is perpendicular to the first outer surface (para.0030; product storage 100,130 can include a drawer; para.0030; product storage 100 can include a drawer which can be automatically or manually extended; therefore, the outer surface of storage compartment 100 has a drawer and the outer surface of compartment 100 is the outer surface of the drawer that defines a first outer surface of a side of 10); it would have been obvious to one of ordinary skill in the art to position the door at the side or any desired surface of the system merely because it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
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.
Claims 1-3,5,7-13,27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Jafa et al. (US 2020/0105085) in view of Huffer et al. (US 2005/0167440) in view of Koerner et al. (US 2008/0230558).
Claim 1, Jafa discloses a mobile vending system, the system comprising: a storage compartment (120) configured to store products, the storage compartment comprising a first drawer that in part defines an outer surface of a side of the mobile vending system (para.0030; product storage 100 can include a drawer which can be automatically or manually extended; therefore, the outer surface of storage compartment 100 defines the outer surface of the drawer that defines an outer surface of a side of 10); a cooling system (122) for maintaining the temperature of the storage compartment; a user interface (200), the user interface comprising a display; a scanner (220) configured to scan the product; a payment processing unit (210), the payment processing unit configured to detect a payment source; a powertrain system (300) configured to power the user interface and the payment processing unit; and a control unit (400) configured to activate the cooling system when the mobile vending system is coupled to a power supply (300);communicate with the payment processing unit to authorize a purchase of the product when the payment processing unit detects a payment source (para.0022-0034); wherein the mobile vending system comprises an upper portion comprising the user interface and the payment processing system (fig.1) and a lower portion comprising the storage compartment (fig.2); and wherein the mobile vending system is movable from a first position to a second position (via 340); a first battery (320) configured to power the user interface and the payment processing unit.
Jafa does not disclose a power source comprising a plug compatible with an electrical outlet, the power source configured to power the cooling system and recharge the first battery when the plug is inserted into the electrical outlet; a temperature sensor disposed within the storage compartment, the temperature sensor configured to detect when the temperature of the storage compartment is greater than a predetermined temperature; a control unit configured to activate the cooling system based on the detection of the temperature sensor.
Huffer discloses a power source comprising a plug compatible with an electrical outlet (para.0047), the power source configured to power the system when the plug is inserted into the electrical outlet. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Jafa with a power source comprising a plug compatible with an electrical outlet, the power source configured to power the cooling system and recharge the first battery when the plug is inserted into the electrical outlet since it merely provides another configuration for powering the mobile vending system taught by Jafa and is very well-known in the art.
Koerner discloses a temperature sensor disposed within the storage compartment; the temperature sensor configured to detect when the temperature of the storage compartment is greater than a predetermined temperature (para.0073); activate the cooling system based on the detection of the temperature sensor (para.0073). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Jafa with a temperature sensor disposed within the storage compartment, the temperature sensor configured to detect when the temperature of the storage compartment is greater than a predetermined temperature; activate the cooling system based on the detection of the temperature sensor to effectively alert the control center when the internal temperature is out of range and requires correction.
Claim 2, Jafa discloses a housing disposed on an exterior of the mobile vending system, the housing comprising the user interface, scanner, the payment processing unit, and the control unit (see figures).
Claim 3, Jafa discloses a second battery (para.0034), wherein the power source is configured to recharge the second battery (para.0034); and wherein the first battery (para.0034) is configured to power the cooling system.
Jafa does not disclose wherein the power source is configured to recharge the second battery when the plug is inserted into the electrical outlet; wherein the first battery is configured to power the cooling system when the power source is not inserted into the electrical outlet and when the temperature sensor detects that the temperature of the storage compartment is greater than the predetermined temperature.
Koerner discloses the temperature sensor detects that the temperature of the storage compartment is greater than the predetermined temperature (para.0073); activate the cooling system based on the detection of the temperature sensor (para.0073). Huffer discloses a power source comprising a plug is inserted into the electrical outlet (para.0047), the power source configured to
power the system when the plug is inserted into the electrical outlet. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Jafa with wherein the power source is configured to recharge the second battery when the plug is inserted into the electrical outlet; and wherein the first battery is configured to power the cooling system when the power source is not inserted into the electrical outlet and when the temperature sensor detects that the temperature of the storage compartment is greater than the predetermined temperature it merely provides another configuration for powering the mobile vending system taught by Jafa and is very well- known in the art and to effectively alert the control center when the internal temperature is out of range and requires correction.
Claim 5, Jafa discloses wheels (see figures) configured to roll the mobile vending system from a first position to a second position.
Claim 7, Jafa discloses wherein the storage compartment comprises a door (152) defining a side surface of the system.
Although Jafa does not disclose a door defining a top surface of the system, it would have been obvious to one of ordinary skill in the art before the effective filing date to position the door at the top or any desired surface of the system merely because it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 8, Jafa discloses a lock (para.0030,0058) configured to lock the storage compartment, wherein the control unit (400) is configured to unlock the lock when the control unit authorizes the purchase.
Claim 9, Jafa discloses wherein the payment processing unit comprises one or more of a credit card reader (210), a near field communication antenna, and a chip reader.
Claim 10, Jafa discloses wherein the display is a touch-screen display configured to receive a user input (fig.1).
Claim 11, Jafa discloses wherein the storage compartment comprises an inventory management system (160) configured to detect addition or removal of products (para.0031).
Claim 12, Jafa discloses wherein the inventory management system comprises at least one camera (para.0033) configured to detect when a product is added or removed from the storage compartment.
Claim 13, Jafa discloses wherein the inventory management system comprises weight sensors (para.0031) configured to detect when a product has been removed.
Claim 27, Jafa discloses wherein the storage compartment further comprises a door (152) accessible from a side surface portion of the system.
Although Jafa does not disclose a door accessible from a top surface of the lower portion of the system, it would have been obvious to one of ordinary skill in the art before the effective filing date to position the door at the top or any desired surface of the system merely because it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 28, Jafa discloses wherein the side is substantially perpendicular to the top surface (see figures).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jafa et al. (US 2020/0105085) in view of Huffer et al. (US 2005/0167440) in view of Koerner et al. (US 2008/0230558) in view of Quinn (US 2010/0140286).
Claim 4, Jafa in view of Huffer in view of Koerner do not disclose a photovoltaic panel configured to charge the second battery when the power source is not inserted into the electrical outlet.
Quinn discloses a photovoltaic panel (20) configured to charge the battery (24). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Jafa in view of Huffer in view of Koerner with a photovoltaic panel configured to charge the second battery when the power source is not inserted into the electrical outlet simply to have a natural
energy generator should the conventional energy source be unavailable, which is a very well-known configuration in the art and does not impart any novelty on the claimed invention.
Claims 14,17-18,23,25-26,29 are rejected under 35 U.S.C. 103 as being unpatentable over Jafa et al. (US 2020/0105085).
Claim 14, Jafa discloses a mobile vending system, the system comprising: a first storage compartment (130,150) configured to store products, wherein the first storage compartment (100,130) is a drawer that in part defines a first outer surface of the mobile vending system (para.0030; product storage 100 can include a drawer which can be automatically or manually extended; therefore, the outer surface of storage compartment 100 defines the first outer surface of the drawer that defines an outer surface of a side of 10); a second storage compartment (150,152) comprising a recess (150) and a door (152), wherein the door in part defines a second outer surface of the system (para.0028; since door 152 covers dispensing opening 150, door 152 will define a second outer surface of the system; this is very apparent); wherein the first and second storage compartments are insulated (such refrigerated vending machine compartments are inherently insulated) and accessible by a consumer (see figures); and temperature control packs (para.0027) removably disposed within the storage compartment; a user interface (200), the user interface comprising a display; a payment processing unit (210), the payment processing unit configured to detect a payment source; a control unit (400) configured to communicate with the payment processing system to authorize a purchase when the payment processing unit detects a payment source; a battery (para.0034) configured to provide power to the user interface, the payment processing unit, and the control unit; a housing (see figures) disposed on an exterior of the mobile vending system, the housing comprising the user interface, the payment processing unit, and the control unit; wherein the mobile vending system is movable from a first position to a second position (figures).
Although Jafa does not explicitly disclose wherein the second outer surface (para.0028; since door 152 covers dispensing opening 150, door 152 will define a second outer surface of the system; this is very apparent); is perpendicular to the first outer surface (para.0030; product storage 100 can include a drawer which can be automatically or manually extended; therefore, the outer surface of storage compartment 100 defines the first outer surface of the drawer that defines an outer surface of a side of 10); it would have been obvious to one of ordinary skill in the art before the effective filing date to position the first outer surface and second outer surface to be perpendicular or to have arbitrary orientation to each other within the mobile vending system merely because it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 17, Jafa discloses wherein the temperature control packs comprise one or more of a freezable gel or ice (para.0027).
Claim 18, Jafa discloses a lock (para.0030) configured to lock the first storage compartment.
Claim 22, Jafa discloses wherein the products comprise one or more of a beverage or a food product (20).
Claim 23, Jafa discloses wherein the door (152) configured to move from a closed position to an open position, and wherein the second storage compartment (150,152) is sealed when the door is in the closed position
Claim 25, Jafa discloses wherein the vending system is an unattended vending system (figures).
Claim 26, Jafa discloses wherein the first storage compartment (130), wherein the first storage compartment is a drawer (product storage 130 can include a drawer); and second storage compartment (150,152); and wherein the second storage compartment (150,152) is disposed below the first storage compartment (120); a third storage compartment (510,520) disposed above the first storage compartment (120; fig.3).
Although Jafa does not disclose a third storage compartment disposed below the first storage compartment (130), wherein the third storage compartment (510) is a drawer, and wherein the second storage compartment (150,152) is disposed above the first storage compartment (130), it would have been obvious to one of ordinary skill in the art to provide the device of Jafa with such a configuration since it merely requires rearranging the storage compartments of the mobile vending device and it would have been obvious to one of ordinary skill in the art before the effective filing date to implement wherein the third storage compartment (510) is a drawer as Jafa already disclosed wherein the first storage compartment is a drawer, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. V. Bemis Co., 193 USPQ 8.
Claim 29, Jafa discloses a product sensor (160) disposed proximate the first storage compartment (130).
Although Jafa does not disclose a product sensor (160) disposed proximate to a front of the first storage compartment (130), it would have been obvious to one of ordinary skill in the art to position the door at the top or any desired surface of the system merely because it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claims 15-16 are rejected under 35 U.S.C. 103 as being Jafa et al. (US 2020/0105085) in view of Denny et al. (US 2015/0251839).
Claim 15, Jafa does not disclose a temperature sensor disposed within the first storage compartment, the temperature sensor configured to detect the temperature within the first storage compartment.
Denny discloses a temperature sensor disposed within the storage compartment; the temperature sensor configured to detect the temperature within the storage compartment (para.0049). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Jafa with a temperature sensor disposed within the first storage compartment, the temperature sensor configured to detect the temperature within the first storage compartment to effectively alert the control center when the internal temperature is out of range and requires correction.
Claim 16, Jafa in view of Haimoff do not disclose wherein the system is configured to notify a remote user when the temperature sensor detects that the temperature is above a predetermined threshold for a first period of time.
Denny discloses wherein the system is configured to notify a remote user when the temperature sensor detects that the temperature is above a predetermined threshold for a first period of time (para.0049; control center notification). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Jafa in view of Haimoff with wherein the system is configured to notify a remote user when the temperature sensor detects that the temperature is above a predetermined threshold for a first period of time to effectively alert the control center when the internal temperature is out of range and requires correction.
Claim 19 rejected under 35 U.S.C. 103 as being unpatentable over Jafa et al. (US 2020/0105085) in view of Fitzgerald et al. (US 2004/0245272).
Claim 19, Jafa does not disclose wherein the control unit is configured to unlock the lock when the control unit authorizes the purchase.
Fitzgerald discloses wherein the control unit is configured to unlock the lock when the control unit authorizes the purchase (para.0118). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Jafa with wherein the control unit is configured to unlock the lock when the control unit authorizes the purchase to prevent theft of the articles to be dispensed.
Claim 21 rejected under 35 U.S.C. 103 as being unpatentable over Jafa et al. (US 2020/0105085) in view of Shoenfield (US 2007/0244598).
Claim 21 Jafa does not disclose wherein the system is configured to provide an audible alert if the first storage compartment is open for more than a second period of time.
Shoenfield discloses wherein the system is configured to provide an audible alert if the storage compartment is open for more than a second period of time (para.0040). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention of Jafa with wherein the system is configured to provide an audible alert if the first storage compartment is open for more than a second period of time to prevent pilfering and inadvertent unlocking of the compartment.
Claim 24 rejected under 35 U.S.C. 103 as being unpatentable over Jafa et al. (US 2020/0105085) in view of Huffer et al. (US 2005/0167440) in view of Koerner et al. (US 2008/0230558) in view of Quinn (US 2010/0140286).
Claim 24, Jafa in view of Huffer in view of Koerner do not disclose a photovoltaic panel configured to charge the first battery.
Quinn discloses a photovoltaic panel (20) configured to charge the battery (24). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Jafa in view of Huffer in view of Koerner with a photovoltaic panel configured to charge the first battery simply to have a natural energy generator should the conventional energy source be
unavailable, which is a very well-known configuration in the art and does not impart any novelty on the claimed invention.
Conclusion
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/AYODEJI T OJOFEITIMI/Examiner, Art Unit 3651
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