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 .
Response to Arguments
Applicant's arguments filed 02/16/2026 have been fully considered but they are not persuasive. Applicant argues that Shturma nor Carlson disclose that the notification that no additional session is available includes an advertisement. Though applicant’s disclosure includes ads as part of a successful session (1206 figure 12B, para 0056), there is no support for advertisements as part of the notification that no additional session is available (1208 figure 12B). Shturma also discloses the use of advertisements (para 0090) in a successful session. For at least the foregoing reasons claims 1-20 stand rejected.
Applicant’s arguments, see remarks, filed 02/16/2026, with respect to the rejection(s) of claim(s) 1-20 under Shturma and Carlson have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Shturma, Kruper and Karibandi et al. US 2021/0264714. Karibandi clearly teaches that additional requests for a session while a first session is active receive a notification that the system is busy.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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.
Claims 1, 8, and 16 were amended to claim that the notification that no session is available comprises an advertisement. This limitation is considered new matter as neither the specification nor the drawings disclose that the notification that no session is available comprises an advertisement. There is support for ads in an established session (1206 figure 12B, para 0056) but this does not support that the notification that no session is available comprises an advertisement.
The 103 rejections below are made in view of the 112 rejections.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shturma et al. US 2022/0012975 in view of Kruper US 2021/0217076 and Karibandi et al. US 2021/0264714.
Shturma discloses a method comprising:
(Re claim 1) “displaying an optical code with a dispensing machine” (108,123 figure 1). “receiving a request from an electronic device to view and/or select at least one item from the dispensing machine, wherein the request is initiated via the optical code that is readable with the electronic device” (501-504 figure 5). “in response to receiving the request, creating a unique session for purchasing at least one item from the dispensing machine,” (404,405,406,505 figure 5, ‘a unique dynamic tag for each vending session’ abstract). “dispensing at least one selected item from the dispensing machine, the dispensing machine configured to receive instructions from the electronic device to dispense the selected item” (‘dispensing’ abstract). Shturma teaches displaying various error messages regarding why a session could not be established (para 0059). Shturma discloses advertisements (‘advertisements’ para 0090).
Shturma does not disclose generating a notification that no additional session is available in response to receiving an additional request from an additional electronic device via the optical code prior to expiration of the unique session and wherein the notification comprises an advertisement nor based on creating the unique session, removing the optical code from the display until expiration of the unique session.
Kruper teaches hiding the optical code from view during the session (80, 34 figure 8, 13, para 0059).
Karibandi teaches generating a notification that no additional session is available in response to transmission of an additional request being initiated (“busy notification” para 0097, figure 7).
It would have been obvious to one skilled in the art to modify the system of Shturma to include generating a notification that no additional session is available in response to transmission of an additional request being initiated via the optical code prior to expiration of the unique session wherein the notification comprises an advertisement because it provides a reason why a user could not establish a session instead of leaving them guessing at an unknown error or reason and provides another chance to advertise to the customer.
It would have been obvious to one skilled in the art to modify the system of Shturma to include hiding the optical code from view during the session because it prevents additional sessions and allows the display to show other content.
(Re claim 2) “creating a timed session for dispensing an item from the dispensing machine” (para 0010, 0042).
(Re claim 3) “displaying initiation of a dispensing action on the electronic device” (para 0064).
(Re claim 4) “the optical code is displayed on the dispensing machine” (123 figure 1).
(Re claim 5) “updating inventory data and sales data” (para 0044).
(Re claim 6) “dispensing machine includes a vending machine” (101 figure 1, abstract).
(Re claim 7) “the dispensing machine is configured to receive instructions from a network that is in communication with the electronic device” (111,112 figure 1).
Shturma discloses a method comprising:
(Re claim 8) “providing via a first application an optical code for display on a first electronic device that is In communication with a dispensing machine” (123 figure 1). “receiving instructions to dispense one or more items from the dispensing machine via the first application on the first electronic device and a browser or a downloadable application for a second electronic device, wherein access to the browser or the downloadable application occurs via the optical code” (‘dispensing’ abstract, 501-504 figure 5). “creating a unique session for a purchase of at least one item, the optical code configured to be … session and regenerated and re-displayed upon expiration of the unique session” (404,405,406,505 figure 5, ‘a unique dynamic tag for each vending session’ abstract). “dispensing at least one selected item from the dispensing machine based on information received from the browser or the downloadable application” (‘dispensing’ abstract). Shturma discloses advertisements (‘advertisements’ para 0090).
Shturma does not disclose hiding the optical code from view during the session nor generating a notification that no session is available in response to a third electronic device accessing the browser or the downloadable application via the optical code prior to the expiration of the unique session.
Karibandi teaches generating a notification that no additional session is available in response to transmission of an additional request being initiated (“busy notification” para 0097, figure 7).
It would have been obvious to one skilled in the art to modify the system of Shturma to include generating a notification that no additional session is available in response to transmission of an additional request being initiated via the optical code prior to expiration of the unique session wherein the notification comprises an advertisement because it provides a reason why a user could not establish a session instead of leaving them guessing at an unknown error or reason and provides another chance to advertise to the customer.
Kruper teaches hiding the optical code from view during the session and regenerating and re-display upon expiration of the unique session (80, 34 figure 8, 13, para 0059).
It would have been obvious to one skilled in the art to modify the system of Shturma to include hiding the optical code from view during the session because it prevents additional sessions and allows the display to show other content.
(Re claim 9) “generating a receipt for the selected item” (‘audit log of all transactions’ para 0045).
(Re claim 10) “a network server transmits the information from the browser to the first electronic device” (121,122,111,115,117 figure 1).
(Re claim 11) “the information includes selection information” (‘selects a product’ abstract).
(Re claim 12) “a network server transmits the information from the downloadable application to the first electronic device” (121 figure 1, para 0064).
(Re claim 13) “the information includes selection information” (‘selection’ para 0038, 0044).
(Re claim 14) “sending dispensing instructions to the dispensing machine with the first electronic device based on at least one selection made with the browser” (interprets the request and executes it to dispense’ para 0039).
(Re claim 15) “sending dispensing instructions to the dispensing machine with the first electronic device based on at least one selection made with the downloadable application” (para 0064).
Shturma discloses a system comprising:
(Re claim 16) “a dispensing machine” (101 figure 1). “a first electronic device in communication with the dispensing machine, the first electronic device configured to display an optical code, the optical code configured to be … during a unique purchase session and regenerate upon expiration of the unique purchase session” (123, 124 figure 1). “a browser configured to allow viewing and/or selection of at least one item in the dispensing machine or a downloadable application configured to allow viewing and/or selection of at least one item in the dispensing machine, wherein the browser or the downloadable application is in communication with the first electronic device” (abstract).
Shturma does not disclose hiding the optical code from view during the session, regenerating and redisplay upon expiration of the unique purchase session nor generating a notification that no session is available in response to receiving a request sent via the optical code, to initiate another unique purchase session prior to expiration of the unique purchase session, wherein the notification comprises an advertisement.
Karibandi teaches generating a notification that no session is available in response to receiving a request sent via the code, to initiate another unique purchase session prior to expiration of the unique purchase session ((“busy notification” para 0097, figure 7).
It would have been obvious to one skilled in the art to modify the system of Shturma to include generating a notification that no additional purchase session is available in response to transmission of an additional request being initiated via the optical code prior to expiration of the unique purchase session wherein the notification comprises an advertisement because it provides a reason why a user could not establish a session instead of leaving them guessing at an unknown error or reason and provides another chance to advertise to the customer.
Kruper teaches hiding the optical code from view during the session, regenerating and redisplay upon expiration of the unique purchase session (80, 34 figure 8, 13, para 0059).
It would have been obvious to one skilled in the art to modify the system of Shturma to include hiding the optical code from view during the session because it prevents additional sessions and allows the display to show other content.
(Re claim 17) ”the optical code includes a QR code” (123 figure 1).
(Re claim 18) “the dispensing machine includes a vending machine” (abstract).
(Re claim 19) “the browser is configured for operation on another electronic device” (117,124 figure 1, abstract).
(Re claim 20) “the downloadable application is configured for operation on another electronic device” (117,124 figure 1, abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at 571-270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIMOTHY R. WAGGONER
Primary Examiner
Art Unit 3655 B
/TIMOTHY R WAGGONER/Primary Examiner, Art Unit 3655
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