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 .
Status of Claims
Applicant’s submission filed 12/31/25 has been entered. Claims 1-14, 17-19, 24-50 are cancelled. Claims 15, 16, 20-23 are presented for examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/31/25 and 1/12/26 have been considered by the examiner.
Claim Rejections - 35 USC § 112
The amendments to claims 20, 21 have been considered. Therefore the rejection under 35 USC § 112 is withdrawn.
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.
Claims 15, 16, 20 are rejected under 35 U.S.C. 103 as being unpatentable over BROWN et al. (WO 2015089096 A1), in view of Sullivan et al. (2017/0337722 A1), in view of TILHOF (WO 2020161159 A1), in further view of Baird (US 5720547 A).
Re-claims 15, 16, Brown et al. teach a method for remotely controlling a CO2 gas cylinder vending machine system, including a controller in communication with a user interface, a payment system and an array of bin assemblies,
(see e.g. [0042] The apparatus 3 may include an interface in operable communication with the controller(s) to lead the user through an electronically-initiated process of exchanging, purchasing, refilling, or returning the fuel tank 2 as depicted in Figure 6. -- The interface may be configured to prompt the user for payment and the apparatus 3 may include a payment receiving mechanism (e.g., a cash receiving device or credit/debit card processor) in operable communication with the controller(s) for receiving payment for the exchange, purchase, refill, or return of the fuel tank 2.
[0041] In some embodiments, the present invention may further include a fuel tank storage corral 18 as illustrated in Figures 3-5. Referring to Figures 3 and 4, the storage corral 18 may include space for storing at least one substantially full fuel tank 19 that is available for purchase and/or exchange as well as at least one substantially empty fuel tank 20 that has been returned after an exchange. In some embodiments, the storage corral 18 may be operatively coupled to or located inside the kiosk system 1. )
--wherein each one of the bin assemblies is shaped to at least partially receive an end of a CO2 gas cylinder and includes a locking system for releasably securing therein a CO2 gas cylinder,
(see e.g. [0034] The housing 4 may include an aperture 7 on at least one of its outside surfaces as depicted in Figures 2-5. Typically, the aperture 7 may embody a tank filling compartment and may be configured to at least partially receive an individual fuel tank 2 on a front or side surface of the apparatus 1. For example, the aperture may be large enough to enable receipt of the fuel tank 2 so that the fuel tank 2 may be placed in or inserted at least partially within the housing 4 for processing (i.e., exchanging, purchasing, refilling, or returning). The aperture 7 may include an operatively openable, closable, detachable, or slidable door, window, or lid that ensures maximum safety during refilling or fuel dispensing operations.
. [0033] For purposes of example and not limitation, the housing 4 can have a substantially rectangular configuration (as shown in Figures 4 and 5), square configuration, or cylindrical configuration. The bottom side of the housing 1 is preferably substantially planar. In some embodiments, the bottom of the housing 4 may include one or more adjustable feet 5 that not only ensure the apparatus 1 is level, but also provide stability. The housing 4 may include locks, pins, posts, bolts, rods, screws, or the like for securely coupling the apparatus 1 to the ground, a vertical wall, or another structure.
the method including:
-receiving user input at a communication interface of the vending machine system;
(see e.g. [0055] For example, the user 725 may use the user input system 720 to transmit and/or receive information or commands to and from the system 730. In some embodiments, for example, the user input system 720 may include a personal computer system (e.g., a non-mobile or non-portable computing system, a motor vehicle, or the like), a mobile computing device, a personal digital assistant, a mobile phone, a tablet computing device, a network device, an interface associated with the apparatus 1, and/or the like. As illustrated in Figure 7, in accordance with some embodiments of the present invention, the user input system 720 includes a communication interface 722, a processor 724, a memory 726 having an user application 727 stored therein, and a user interface 729.
-controlling the vending machine system, by a controller, based on the received user input,
(see e.g. [0046] If the user selects from the first interface to return an empty fuel tank 2, the apparatus 3 may prompt the user via the interface that instructs the user to place the fuel tank 2 into the aperture 7 of the housing 4. In some embodiments, the apparatus 1 may be configured to retrieve the fuel tank 2 from the aperture 7 and move it into the storage corral 18 designated for empty fuel tanks 20 using the transport mechanism 21.
[0044] If the user selects from the interface to purchase a new full fuel tank 19, the apparatus 1 may retrieve a filled fuel tank 19 from the storage corral 18 and transport it into the aperture 7 of the housing 4 so that the user may retrieve the full fuel tank 19.)
[0046] If the user selects from the first interface to return an empty fuel tank 2, the apparatus 3 may prompt the user via the interface that instructs the user to place the fuel tank 2 into the aperture 7 of the housing 4.)
-wherein the user input is conducted on a user device, and indicates a desire to engage with the vending machine system to perform at least one of the following operations:(a) return a CO2 cylinder;(b) purchase a CO2 cylinder; or (c) exchange a CO2 cylinder;
(see e.g. [0060] In some embodiments, the user interface 729 includes the input and display devices of a mobile device, which are operable to receive and display information.)
[0055] The user input system 720 may include any computerized apparatus that can be configured to perform any one or more of the functions of the user input system 720 described and/or contemplated herein. For example, the user 725 may use the user input system 720 to transmit and/or receive information or commands to and from the system 730. In some embodiments, for example, the user input system 720 may include a personal computer system (e.g., a non-mobile or non-portable computing system, a motor vehicle, or the like), a mobile computing device, a personal digital assistant, a mobile phone, a tablet computing device, a network device, an interface associated with the apparatus 1, and/or the like.
[0052] Figure 6 illustrates an exemplary user interface 600 for enabling a user to select a service associated with processing a fuel tank. The interface may present a prompt 610 to the user that instructs the user to select a service. The user may select a variety of services, including, but not limited to, exchanging a fuel tank 620, purchasing a fuel tank 630, refilling a fuel tank 640, and returning a fuel tank 650.
--wherein the communications interface of the vending machine system transmits the remote vending machine user interface to the user device via at least one of the following:
(a) communications network; and
(b) a wireless communications link with a communications module of the user device,
(see e.g. [0062] The system application 737 may interact with the user application 727
[0054] As shown in FIG. 7, the user input system 720 and the system 730 are each operatively and selectively connected to the network 710, which may include one or more separate networks. In addition, the network 710 may include a telecommunication network, local area network (LAN), a wide area network (WAN), and/or a global area network (GAN), such as the Internet. It will also be understood that the network 710 may be secure and/or unsecure and may also include wireless and/or wireline and/or optical interconnection technology.
[0056] For example, the communication interface 722 of the user input system 720 may include a wireless transceiver, modem, server, electrical connection, and/or other electronic device that operatively connects the user input system 720 to another system such as the system 730. The wireless transceiver may include a radio circuit to enable wireless transmission and reception of information. )
--wherein each bin assembly in the array includes a tubular chassis shaped to receive and seat therein a C02 gas cylinder; and
(see e.g. (see e.g. [0033] The configuration of the housing 4 can vary. For purposes of example and not limitation, the housing 4 can have a substantially rectangular configuration (as shown in Figures 4 and 5), square configuration, or cylindrical configuration.)
[0041] In some embodiments, the present invention may further include a fuel tank storage corral 18 as illustrated in Figures 3-5. Referring to Figures 3 and 4, the storage corral 18 may include space for storing at least one substantially full fuel tank 19 that is available for purchase and/or exchange as well as at least one substantially empty fuel tank 20 that has been returned after an exchange. In some embodiments, the storage corral 18 may be operatively coupled to or located inside the kiosk system 1.)
Although Brown et al. teach [0056] Additionally, the user input system 720 may include a positioning system. The positioning system (e.g., a global positioning system (GPS), a network address (IP address) positioning system, a positioning system based on the nearest cell tower location, or the like) may enable at least one of the user input system 720 or an external server or computing device in communication with the user input system 720 to determine the location (e.g., location coordinates) of the user input system 720.)
Brown et al. do not explicitly teach the following limitations as claimed.
However, Sullivan et al. explicitly teach the method further including:
-receiving a request from the user device to use the vending machine system;
-determining, based on the request, a proximity of the user device to the vending machine system;
(see e.g. [0024] In a configuration, the application executes on the mobile computing device 110 and determines whether the mobile computing device 110 is in close proximity to the kiosk 102, for example within the proximity region 112 as illustrated.. In another configuration, the user can point a digital camera of the mobile computing device 110 at the kiosk 102, and the application can trigger an action based on successful identification of the kiosk 102. For example, the application can execute a pattern recognition algorithm to identify the kiosk 102 by shape, by markings on the kiosk 102, or through a barcode on the kiosk 102 for example a quick response (QR) code.
[0040] At decision block 706, if a mobile computing device of a user has been detected in proximity to the kiosk, then processing continues to process block 708, otherwise processing returns to process block 720 where the attract gallery can be reloaded with updated photos and video. The mobile computing device of the user can be detected in any suitable way. For example, a user in close proximity to the kiosk can use the camera of their mobile computing device to scan a barcode on the kiosk, for example a QR code that is displayed on the screen or a QR code displayed on an sticker attached to the kiosk. Scanning the barcode causes the mobile computing device to open the application store for the mobile device where the user can opt to download and execute an application for interacting with kiosks. When the user executes the application on the mobile computing device, the mobile computing device and the kiosk can interact and exchange data----In another example, a QR code displayed on the kiosk can be scanned by the camera of the mobile computing device and used to identify and connect the application with the kiosk.)
--determining, based on the determined proximity, whether the user device is within a proximity threshold distance to the vending machine system; and
(see e.g. [0024] In a configuration, the application executes on the mobile computing device 110 and determines whether the mobile computing device 110 is in close proximity to the kiosk 102, for example within the proximity region 112 as illustrated. n non-limiting examples, the proximity region 112 can be when the mobile computing device 110 is in visual range of the kiosk 102, or when the mobile computing device 110 and the kiosk can interact protocol such as near field communications. The application can determine that the mobile computing device 110 is in the proximity region 112 using global positioning system data, or GPS data. In another configuration, the kiosk 102 can determine when the mobile computing device 110 is in the proximity region 112, for example through a proximity sensor or using an optical sensor such as a digital camera or infrared (IR) sensor.)
--the controller only controlling the vending machine system based on the received user input if the user device is within the proximity threshold distance;
(see e.g. abstract --The kiosk switches from a first set of images to a second set of image when the mobile computing device is proximate to the kiosk.
[0056] In a configuration, the application permits the above actions only when the mobile computing device is in proximity to the kiosk.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Brown et al., and include the steps cited above, as taught by Sullivan et al., so the mobile computing device and the kiosk can interact and exchange data, using short-range wireless communication protocol. (see e.g. [0024], [0040]).
Brown et al., in view of Sullivan et al., do not explicitly teach the following limitations as claimed.
However, Tilhof explicitly teaches --wherein the locking system of each bin assembly in the array includes a sled that engages the C02 gas cylinder as it is inserted into the tubular chassis and translates with respect to the tubular chassis towards a locked position.
(see e.g. The filling device for automated filling of a gas cylinder used in the filling station basically comprises a closing device for closing after the gas cylinder has been inserted in such a way that it is not possible to remove the gas cylinder after closing. The end user cannot remove the gas bottle when it is closed. For example, a gas cylinder can be inserted into the aforementioned housing or into the aforementioned cage. The locking device can then comprise a door, a flap or a roller shutter, with which the opening of the housing or the cage can be closed in such a way that an end user cannot open the door, the flap or the roller shutter. As an alternative or in addition, the closing device can have grippers which enclose a bottle inserted in the filling device after an emptied gas bottle has been inserted into the filling device. If an inserted gas cylinder has been enclosed by the grippers, an end user can no longer remove the inserted gas cylinder.
--In the inserted state, the gas cylinder is preferably located in a completely closed space when the filling device for automated filling of a gas cylinder used in the filling station is closed in order to shield an inserted gas cylinder from the outside as much as possible when it is refilled. This further improves security.
The insertion device may comprise a cage with an opening. A deflated gas cylinder can then be brought into the interior of the cage through the opening in order to be placed inside the cage.)
The method of claim 15, further including transmitting, from the communications interface, the remote vending machine user interface to the user device.
(see e.g.. [0041] In a configuration, operations performed in the application can be mirrored on the kiosk, and vice versa.
[0005] The method can include transferring the augmented reality image to the mobile computing device from either the kiosk or a remote content server.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Brown et al., in view of Sullivan et al., and include the steps cited above, as taught by Tilhof, so it is not possible to remove the gas cylinder after closing. (see e.g. Tilhof)
Brown et al., in view of Sullivan et al., in view of Tilhof, do not explicitly teach the following limitations as claimed.
However, Baird explicitly teaches
--wherein the locking system of each bin assembly in the array includes a sled that engages the CO2 gas cylinder as it is inserted into the tubular chassis, and translates with respect to the tubular chassis, towards a locked position.
and wherein the locking system of each bin assembly in the array includes a rotary latch that is engaged by the sled as it translates towards the locked position, and wherein a latching arm of the rotary latch secures the sled in the locked position.
(see e.g. 3) Referring now particularly to FIGS. 1 and 2 of the drawings, the present invention will be seen to relate to modular storage bins, with each such bin including a sleeve 10 and a plurality of drawers or bins therein.
--claim 1 ---said first, second, and third bins each include handle means on said first end and said fourth bins each include dispensing means on said first end, with said handle means and said dispensing means each comprising similarly configured polygonal rotary knobs, said handle means includes a rotary latch selectively engageable by turning said rotary knob, said dispensing means comprises a rotary dispensing knob providing a single large opening, plural small porous openings adapted for shaking small quantities of goods contained within said fourth bin, and a closure, each selectable by turning said rotary dispensing knob, whereby;
(14) (It will be seen that the horizontal partition 80 may extend across the full width of the interior of the sleeve 10 and interlock with the vertical partition 78 to provide for four quarter size bins 16, if desired.
(16) In turn, the partition 82 assembly is inserted into a sleeve 10, thereby dividing the interior of the sleeve into a three by three matrix of nine separate volumes. The one ninth size bins 18 are adapted to fit closely within each of the nine interior spaces provided by the interlocking partitions 82 within the sleeve 10, with the partitions 82 precluding displacement of remaining bins 18 when one or more such bins 18 are removed from the sleeve 10.
(18) Thus, the central inset or slot 90 is properly positioned to accept the latch lever of a single full size bin 12 which may be inserted into the sleeve 10, while the two insets 90 to either side are positioned to accept the latch lever 88 of a half width bin (i.e., a half size or quarter size bin 14/16). While such insets 90 are only shown in the top panel 24 of the sleeve 10, it will be understood that two such insets 90 may be provided in a horizontal sleeve partition 80 to either side of the central vertical partition 78, for securing the lowermost bins 16.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Brown et al., in view of Sullivan et al., in view of Tilhof, and include the steps cited above, as taught by Baird, in order to provide secure mounting for the sleeves and for any bins which may be inserted therein (see e.g. (7)).
Re-claim 20, Brown et al. teach the method of claim 19, further including: receiving the notification of the payment at the communications interface of the vending machine system; communicating, by the controller, to a payment system of the vending machine system that the payment has been received
(see e.g. [0042] The interface may be configured to prompt the user for payment and the apparatus 3 may include a payment receiving mechanism (e.g., a cash receiving device or credit/debit card processor) in operable communication with the controller(s) for receiving payment for the exchange, purchase, refill, or return of the fuel tank 2. In one embodiment, the payment receiving mechanism may accept payment from the user in cash, a credit or debit card, a coin, a token, or via another method. In some embodiments, user authorization such as a pin code, a password, or the like may be required and such information may be entered via the interface. The apparatus 3 may be further configured to generate a receipt (e.g., using a printer) based on the user's transaction and may print the receipt on paper, or deliver the receipt via another method, such as via text or email. Once payment is received, the apparatus 3 will execute tank processing procedures.
****The Examiner notes that generating a receipt confirms payment.
Claims 21, 22, 23, are rejected under 35 U.S.C. 103 as being unpatentable over BROWN et al. (WO 2015089096 A1), in view of Sullivan et al. (2017/0337722 A1),in view of TILHOF (WO 2020161159 A1), in view of Baird (US 5720547 A), in further view of BOWLES et al. (CN 104536671 A).
Re-claims 21, 22, Brown et al. teach—The method of claim 20, said system for performing the steps of: (1) receiving user input through the contactless user interface;
(see e.g. [0036] In some embodiments, the apparatus 1 may collect information associated with the fuel tank 2 before executing a tank exchange, purchase, refill, or return. In other embodiments, the apparatus 1 may collect information associated with the fuel tank 2 substantially simultaneously to or after executing a tank exchange, purchase, refill, or return. Based on the received information associated with the fuel tank 2, the apparatus 1 may be configured to determine the next appropriate step in executing or performing a desired service.)
(2) at least one of the following:
(a) if the user input represents a desire to exchange a CO2 gas cylinder, then the system performs the steps of:
(i) receiving payment from the user through the payment system for a replacement CO2 gas cylinder; (ii) receiving a CO2 gas cylinder in a first one of said bin assemblies; and
(iii) the locking system releasing a full CO2 gas cylinder located in a second one of said bin assemblies for collection by the user,
(see e.g. [0042][0052] The interface may be configured to prompt the user for payment and the apparatus 3 may include a payment receiving mechanism (e.g., a cash receiving device or credit/debit card processor) in operable communication with the controller(s) for receiving payment for the exchange, purchase, refill, or return of the fuel tank 2. -- Once payment is received, the apparatus 3 will execute tank processing procedures.
[0043] If the user selects from the interface to exchange a substantially empty fuel tank 2 for a full fuel tank 19, the apparatus 3 may instruct the user via the interface to place the fuel tank 2 into the aperture 7 (or tank filling compartment) of the housing 4. In some embodiments, the apparatus 1 may be configured to retrieve the fuel tank 2 from the aperture 7 and move it to the storage corral 18 designated for empty fuel tanks 20. The apparatus 1 may then retrieve a full fuel tank 19 from the storage corral 18 and transport the full fuel tank 19 to the aperture 7 so that the user may retrieve the full fuel tank 19.)
(b) if said user input represents a desire to purchase a full CO2 gas cylinder without replacement, then the system performs the steps of:
(i) receiving payment from the user through the payment system for a full CO2 gas cylinder without replacement; and (ii) the locking system releasing a full CO2 gas cylinder located in a third one of said bin assemblies for collection by the user,
(see e.g. [0042][0052] [0044] If the user selects from the interface to purchase a new full fuel tank 19, the apparatus 1 may retrieve a filled fuel tank 19 from the storage corral 18 and transport it into the aperture 7 of the housing 4 so that the user may retrieve the full fuel tank 19. Alternatively, the apparatus 1 may retrieve an empty fuel tank 19 from the storage corral 18 and transport it into the aperture 7 of the housing 4 where the empty fuel tank 19 is filled to a predetermined level so that the user may retrieve the full fuel tank 19.
[0039] The fuel hose 14 or the second fuel hose 17 may be operatively coupled to the valve 10 of the fuel tank 2 via a screw-on device, a quick-release/lock device, or via another mechanical mechanism.), and
(c) if said user input represents a desire to return an empty CO2 gas cylinder without replacement, then the system performs the steps of:
(i) receiving an item in one of said bin assemblies; (ii) the locking system locking the CO2 gas cylinder in said one of said bin assemblies;
(see e.g. [0042][0052] [0046] If the user selects from the first interface to return an empty fuel tank 2, the apparatus 3 may prompt the user via the interface that instructs the user to place the fuel tank 2 into the aperture 7 of the housing 4. In some embodiments, the apparatus 1 may be configured to retrieve the fuel tank 2 from the aperture 7 and move it into the storage corral 18 designated for empty fuel tanks 20 using the transport mechanism 21.)
Brown et al., in view of Sullivan et al., in view of Tilhof, in view of Baird, do not explicitly teach the following limitations as claimed.
However, BOWLES et al. teach (iii) issuing a credit to the user through the payment system for return of CO2 gas cylinder without replacement.
wherein the step of issuing a credit to the user alternatively issues the credit to a charitable organization.
(see e.g. [0007] The method may also include the customer through interaction with the kiosk to select a plurality of compensation method (including dispensing cash or via a coupon can be redeemed shopping coupon or credit card debiting or crediting, electronic auto-selection or other electronic payment method one or more charity group designated by the user).
[0035] Each kiosk determines some form of owner to the compensation device. This compensation is preferably by direct payment, the credit account to the donated charity organizations)
[0083] in step 311, the kiosk 100 to finish the telephone, disconnecting the cable from the telephone and print receipts for customers. can be by crediting a customer credit card or account by dispensing cash, or by dispensing the shopping ticket or coupon authorized funds transfer via kiosk 100. In other embodiments, the kiosk 100 issue a receipt to the client, the client may then shop position associated with it for example to the kiosk for payment. If the user has selected donated to the charity group value of phone, then issue the donation receipt and settlement to the charitable team to the user.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Brown et al., in view of Sullivan et al., in view of Tilhof, in view of Baird, and include the steps cited above, as taught by BOWLES et al., in order to provide a plurality of compensation options to the user, including designating one or more charity group (see e. g. [0105]).
Re-claim 23, Brown et al. teach –the method of claim 22, wherein the vending machine system includes an authentication system for confirming that an item to be received in one of the bin assemblies is a legitimate CO2 gas cylinder, said the system for performing the step of: (a) confirming through the authentication system that the item to be received in step (ii) is a legitimate CO2 gas cylinder.
(see e.g. [0045] [0049] In still other embodiments, the apparatus 1 may be configured to or include a scanner that is configured to scan and/or read a unique identifier (e.g., an RFID tag) associated with the fuel tank 2 to correctly identify information associated with the fuel tank 2, such as fuel levels, a requalification date, or the like.).
Response to Arguments
Applicant's arguments filed 12/31/25 have been fully considered but they are not persuasive.
The Examiner notes that the amendments proposed by the Examiner were not included in the reply. The Examiner contacted Attorney Nicole A. Bustos-Pomerantz. The Attorney stated that any amendment would need the client’s approval and that it would be best to send the Office Action.
Applicant’s argument:
Brown, at least at a high level, is at least directed to solving similar issues to that of the present application. To this end, Brown seeks to solve problems with purchasing and/or exchanging fuel tanks, such as BBQ gas cylinders. Brown provides a method of checking and refilling a fuel tank. (Brown, Abstract.) Specifically, the background section of Brown, at paragraph [0001], provides:
However, the actual technical problems addressed by Brown are more specific to the infrastructure associated with checking and refilling bulky BBQ gas tanks, as opposed to CO2 gas cylinders. At paragraph [0002] of Brown, Brown recites:
In distinct contrast with amended Claim 15, Brown does not disclose a contact free method of purchasing and/or exchanging CO2 gas cylinders from a CO2 vending machine and does not anticipate the features that facilitate this functionality.
Specifically, Brown does not disclose the user being proximal to operate the vending machine. (see e.g. Sullivan )Nor does Brown disclose "an array of bin assemblies" in which each bin assembly includes: "a tubular chassis shaped to receive and seat therein a CO2 gas cylinder"; a "locking system...includ[ing] a sled that engages the C02 gas cylinder" to translate the CO2 gas cylinder into and out of the tubular chassis of the bin assembly; or a "locking system...includ[ing] a rotary latch" that controls the translation of the sled. Instead, Brown discloses a clunky system for manually refilling or exchanging BBQ gas cylinders.
A) Examiner’s response:
The limitations argued by Applicant are taught by the at least one or more of the other references. For example, Tilhof teaches inserting a gas cylinder into a filling station/cage in such a way that it is not possible to remove the gas cylinder after closing.
B) Applicant’s argument:
Applicant respectfully submits that this is an improper combination of references, in that, when taken as a whole, there is no motivation or suggestion to combine the references. Sullivan sets out to solve a different technical problem to that of the present application.
Sullivan provides a system that combines the features of a kiosk with a smart phone, for example, that can facilitate augmented reality images.
As such, Sullivan in no way anticipates, teaches or discloses a vending machine that can be operated by a person to purchase or exchange CO2 gas cylinders. Rather, it broadly describes a system that can generate augmented reality images on a person's mobile phone when located near a kiosk, for example, where interaction with the kiosk is hands free.
In distinct contrast with amended Claim 15, Sullivan does not disclose [a] method for remotely controlling a CO2 gas cylinder vending machine system, including a controller in communication with a user interface, a payment system and an array of bin assemblies, wherein each one of the bin assemblies is shaped to at least partially receive an end of a CO2 gas cylinder and includes a locking system for releasably securing therein a CO2 gas cylinder"
B) Examiner’s response:
As admitted by Applicant, Sullivan et al. clearly teach determining, based on the request, a threshold proximity of the user device to the vending machine system; and further teach controlling the vending machine based on the communication and proximity of the user device to the vending machine (see e.g. abstract, [0024, 0040].
With respect to the argument “there is no motivation or suggestion to combine the references. Sullivan sets out to solve a different technical problem to that of the present application. the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071,5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
"The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results." KSR Int'l Co. v. Teleflexlnc., 550 U.S. 398, 416 (2007). "Ifa person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability." Id. at 417.
C) Applicant’s argument:
At best, Tilhof discloses a fueling station for a single gas cylinder. Tilhof does not disclose an array of bin assemblies, each being shaped to at least partially receive a CO2 gas cylinder as claimed.
The Examiner also states that Tilhof discloses "... the closing device can have grippers which enclose the bottle inserted in the filling device after an emptied gas bottle has been inserted into the filling device. If an inserted gas cylinder has been enclosed by the grippers, an end user can no longer remove the inserted gas cylinder." This is mechanically different from the bin assemblies as recited by Claim 15. In distinct contrast with amended Claim 15, Tilhof does not disclose each bin assembly in the array including a sled that bears a gas cylinder and translates with respect to the tubular chassis towards a locked position. Accordingly, Tilhof does not cure the deficiencies of Brown and Sullivan.
C) Examiner’s response:
For example, Tilhof teaches inserting a gas cylinder into a filling station/cage in such a way that it is not possible to remove the gas cylinder after closing.
(see also Tilhof --The insertion device may comprise a cage with an opening. A deflated gas cylinder can then be brought into the interior of the cage through the opening in order to be placed inside the cage.)
The Examiner notes the cage has the same function as the sled.
D) Applicant’s argument:
Claim 15 further recites additional features which are not disclosed by Baird. In particular, the locking of each bin assembly further includes a rotary latch that is engaged by the sled as the CO2 gas cylinder is inserted into the bin assembly. Baird does not disclose, teach, or suggest, such a configuration, nor does it disclose a sled that is driven by insertion of a gas cylinder and cooperates with a rotary latch to secure the cylinder in a locked position. Accordingly, Baird does not cure the deficiencies of Brown, Sullivan, and Tilhof.
D) Examiner’s response:
Please see Baird -claim 1 --- said handle means includes a rotary latch selectively engageable by turning said rotary knob.
Conclusion
THIS ACTION IS MADE FINAL. 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 LUNA CHAMPAGNE whose telephone number is (571)272-7177. The examiner can normally be reached M-F 8:00-5:00.
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/LUNA CHAMPAGNE/Primary Examiner, Art Unit 3627
February 4, 2026